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 of age 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 at or
before the time the marriage is solemnized, the marriage
is valid unless the person who falsely represented their
age chooses 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 marriage 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 sixteen or seventeen years of
age if both of the following apply:
a. The parents of the underage party or parties certify
in writing that they consent to the marriage. If one of
the parents of any underage 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 underage 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 underage 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 underage party or parties capable of assuming the
responsibilities of marriage and that the marriage will
serve the best interest of the underage party or parties.
Pregnancy alone does not establish that the proposed marriage
is in the best interest of the underage 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.
5. 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 subsection 4, paragraph "b".
On November 14, 2003, an Iowa District Judge granted a divorce to a homosexual couple who had entered into a civil union in Vermont. Recently the judge amended his ruling to merely state that the couple’s civil union was terminated.
Six same-sex couples filed suit in Polk County, Iowa to challenge the states definition of marriage as a union between a man and a woman. The plaintiffs base their claims on the due process and equal protection clauses of the Iowa constitution.
