Couples seeking to get married would have to indicate their sexual orientation on the license application before it would be granted under a bill introduced last week in the Iowa Senate.
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Senate File 2130 establishes a new requirement for marriage license applicants to choose from the options of bisexual, heterosexual, homosexual, questioning, unsure or specifying an identity not listed. The license would not be granted until the information is provided.
Misrepresentation or nondisclosure would constitute fraudulent concealment of sexual orientation, which could be a factor in determining the custody arrangement that is in the best interest of a child if the marriage is dissolved. A court could find a “rebuttable presumption” against the awarding of joint custody if it was determined one party fraudulently concealed a sexual orientation.
Sen. Dennis Guth, R-Klemme, said he brought Senate File 2130 on behalf of a constituent who was involved in a marriage dissolution “where her spouse falsified his sexual orientation and then later on she was not able to reveal that when she went to court. So this is just going to allow people in that specific situation to voice this in court,” he said.