Date: Thu, 8 Feb 1996 14:34:24 -0600 (CST) From: Richard Shannon As you can see Iowa now has its own bill. The Iowa Coaltion for Human Rights is a coalition of Lesbians, Gay Men, Bisexuals, Transgendered People organizations and individuals from across the state of Iowa and straight allies, families and friends. The ICHR is mobilizing to fight this legislation. The House is Republican controlled and the bill stands a good chance of passing. However - it is possible the bill will not pass in the House. There is some hope that enough Republicans and Democrats will not want to deal with "full faith and credit" issues as well as a rewriting of the Iowa Marraige Code to prevent passage. The Senate is Democrat controlled and at this point we are hopeful it will not get out of committee on the Senate side if it passes the House. But there is not guarantee of this. The ICHR needs as many people in Iowa to contact their representatives about this bill as possible. More important are people who are not from Polk or Johnson County need to come forward (if you are from Iowa you know why this is). Contacts for the ICHR are: Richard Shannon (319) 335-8881 (work/day) (319) 337-5870 (home/evening) richard-shannon@uiowa.edu Mona Shaw (319) 335-1667 (work/day) (319) 351-9234 (home/evening) mona-shaw@uiowa.edu interesting things about the co-sponsors of this bill. Hurley: sponsored a "no promo-homo" ammendment to the higher education funding bill last session (passed in House, failed in Senate) and promises to do so again this year. He is also has ties to Bill Horn. Grubbs: is Chair of the Dole campaign in Iowa and plans to run to Senator in a race against Tom Harkin this fall. The bill has not been scheduled for Floor debate yet. Richard > ---------------------------------------------------------------------------- > A bill disallowing the recognition of same-gender marriages in the state > of Iowa was introduced at 8:45 this morning. Sponsors of the bill are > Rep. Charles Hurley, District 28, Fayette, and Rep. Steve Grubbs, District > 40, Davenport. Here is the text of the bill: > > ---------------------------------------- > > HOUSE FILE 2183 > BY COMMITTEE ON JUDICIARY > (SUCCESOR TO HSB 561) > > > A BILL FOR > > > Section 1. Section 595.2, Code 1995, is amended to read as follows: > > 595.2 AGE -- GENDER > > 1. Only a marriage between a male and a female is valid. > > 2. Additionally, a marriage between a male and a female is valid only > if each is eighteen years old or older. > > However, if either or both of the parties have not attained that > age, the marriage may be valid under the circumstances prescribed > in this section. > > 3. If either party to a marriage falsely represents the party's self to > be eighteen years of age or older before the time the marriage is > solemnized, the marriage is valid unless the person who falsely > represented their age choses to void the marriage by making their > true age known and verified by a birth certificate or other legal > evidence of age in an annulment proceeding initiated at any time > before the person reaches their eighteenth birthday. A child born > of a marraige voided under this subsection is legitimate. > > 4. A marriage license may be issued to a male and a female either or > both of whom are sixten or seventeen years of age if: > > a. The parents of the underaged party of parties certify in > writing that they consent to the marriage. If one of the > parents of the any underaged party to a proposed marriage > is dead or incompetent the certificate may be executed by > the other parent, if both parents are dead or incompetent > the guardian of the underaged party may execute the certificate, > and if the parents are divorced the parent having legal custody > may execute the certificate and > > b. The certificate of consent of the parents, parent or guardian > is approved by a judge of the district court or, if both parents > of any underaged party to a proposed marriage are dead, > incompetent or cannot be located and the party has no guardian, > the proposed marriage is approved by a judge of the district > court. A judge shall grant approval under this subsection only > if the judge finds the underaged party or parties capable of > assuming the responsibilities of marriage and that the marriage > will serve the best interest of the underaged party or parties. > Pregnancy alone does not establish that the proposed marriage > is in the best interest of the underaged party or parties, > however if pregnancy is involved the court records which pertain > to the fact that the female is pregnant shall be sealed and > available only to the parties to the marriage or proposed marriage > or to any interested party securing an order of the court. > > c. If a parent or guardian withholds consent, the judge upon > application of a party to a proposed marriage shall determine > if the consent has been unreasonably withheld. If the judge > so finds, the judge shall proceed to review the application under > paragraph "b." > > Sec. 2 Section 595.3, subsection 2, Code 1995, is amended to read as > follows: > > Sec. 2. Where either party is under eighteen years of age, undess the > marriage is approved by a judge of the district court as provided > by section 595.2. > > > Sec. 3 NEW SECTION. 595.20 FOREIGN MARRIAGES VALIDITY > > A marriage which is solemnized in any other state, territory > country, or any other foreign jurisdiction which is valid in that > state, territory, country, or other foreign jurisdiction, is valid > in this state if the parties meet the requirements for validity > pursuant to section 595.2, subsection 1. > > EXPLANATION > > This bill provides that only a marriage between a male and a female > is valid and that a marriage which is solemnized outside of this state in > a foreign jurisdiction is valid if the requirements regarding gender > of the parties to the marriage are met. > > LSB 422HV 76 > > Introduced 8:45 a.m., February 8, 1996 > >