Marriage
595.2 Gender
1. Only a marriage between a male and a female is valid. Repealed under Iowa Court Order.
The Iowa Supreme Court's decision does change state law: the decision expressly strikes from Iowa Code chapter 595.2 where the language which limits civil marriage to a man and a woman to take effect April 27, 2009 allowing for same sex couples to receive marriage license, and be recorded the same as two sex couples. It should be clear that any licenses issued under this ruling may be reversed through the next State referendum. California caused such a reversal in the 2008 elections, voiding the licenses of same sex couples in that State. All citizens married under that ruling were voided as legally married.
Iowa Code 146.1 apparently allows recorders to refuse to issue licenses where it may violate their rights. 146.1 suggests that Counties adopt policies that ensure no one will be required to "issue or process a marriage license, or to perform, assist, or participate in such procedures, against that individual's religious beliefs or moral convictions."
The suggested code continues: "A person shall not discriminate against any individual in any way, including but not limited to employment, promotion, advancement, transfer, licensing, education, training, or the granting of employment privileges or conditions, because of the individual's participation in or refusal to participate in the issuance of a marriage license. This policy would protect objecting employees from being forced to issue marriage licenses to same-sex couples if doing so would violate the employee's conscience. This Code could in effect cause many County Recorder Offices to in effect have no one on hand to issue same sex licenses, thus denying couples the ability to receive a license while not actually being refused.
If every authorized employee of a County's Recorders Office chooses to follow 146.1 rights, and steps aside for another Clerk to issue, there could be in effect no authorized clerk on hand at that moment meaning of course a license could not be acquired.
595.9 Violations. If a marriage is solemnized without procuring a license, the parties married, and all persons aiding them, are guilty of a simple misdemeanor.
595.10 Who may solemnize. Marriages may be solemnized by:
1. A judge of the supreme court, court of appeals, or district court, including a district associate judge, associate juvenile judge, or a judicial magistrate, and including a senior judge as defined in section 602.9202 , subsection 3.
2. A person ordained or designated as a leader of the person's religious faith.
595.11 Nonstatutory solemnization -- forfeiture. Marriages solemnized, with the consent of parties, in any manner other than that prescribed in this chapter, are valid; but the parties, and all persons aiding or abetting them, shall pay to the treasurer of state for deposit in the general fund of the state the sum of fifty dollars each; but this shall not apply to the person conducting the marriage ceremony, if within fifteen days after the ceremony is conducted, the person makes the required return to the county registrar.
595.13 Certificate -- return. After the marriage has been solemnized, the officiating minister or magistrate shall attest to the marriage on the blank provided for that purpose and return the certificate of marriage within fifteen days to the county registrar who issued the marriage license.
595.17 Exceptions. The provisions of this chapter, as they relate to procuring licenses and to the solemnizing of marriages are not applicable to members of a denomination having an unusual mode of entering the marriage relation.
Counseling/healing
Title 4, 152C.9 EXEMPTIONS
5. Persons practicing reflexology.
6. Persons engaged within the scope of practice of a profession with established standards and ethics utilizing touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement, provided that the practices performed or services rendered are not designated or implied to be massage therapy. Such practices include, but are not limited to, the Feldenkrais method, the Trager approach, and mind=body centering.
7. Persons engaged within the scope of practice of a profession with established standards and ethics in which touch is limited to that which is essential for palpitation and affectation of the human energy system, provided that the practices performed or services rendered are not designated or implied to be massage therapy.
Psychology
154B.5 Scope of chapter.
Nothing in this chapter shall be construed to prevent qualified members of other professional groups such as physicians, osteopaths, optometrists, chiropractors, members of the clergy, authorized Christian science practitioners, attorneys at law, social workers or guidance counselors from performing functions of a psychological nature consistent with the accepted standards of their respective professions, if they do not use any title or description stating or implying that they are psychologists or are certified to practice psychology.
Social Worker
154C.7 General exemptions.
This chapter and chapter 147 do not prevent qualified members of other professions including, but not limited to, nurses, psychologists, marital and family therapists, mental health counselors, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a social work nature consistent with the accepted standards of their respective professions, provided that these persons do not use a title or description indicating or implying that they are licensed to practice social work under this chapter or that they are practicing social work as defined in this chapter.
154D.2 Licensure -- marital and family therapy -- mental health counseling.
154D.4 Exemptions.
1. This chapter and chapter 147 do not prevent qualified members of other professions, including but not limited to nurses, psychologists, social workers, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a marital and family therapy or mental health counseling nature consistent with the accepted standards of their respective professions, but these persons shall not use a title or description denoting that they are licensed marital and family therapists or licensed mental health counselors.
NEW SECTION . This law was passed to properly address groups that attack services and mourners in matters of political and religious reasons.
723.5 DISORDERLY CONDUCT - FUNERAL OR MEMORIAL SERVICE.
1. A person shall not do any of the following within five hundred feet of the building or other location where a funeral or memorial service is being conducted, or within five hundred feet of a funeral procession or burial:
a. Make loud and raucous noise which causes unreasonable distress to the persons attending the funeral or memorial service, or participating in the funeral procession.
b. Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
c. Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession, or burial.
2. This section applies to conduct within sixty minutes preceding, during, and within sixty minutes after a funeral, memorial service, funeral procession, or burial.
3. A person who commits a violation of this section commits:
a. A simple misdemeanor for a first offense.
b. A serious misdemeanor for a second offense.
c. A class "D" felony for a third or subsequent offense.
