Iowa state representative Chris Hagenow tried to exclude married gays and lesbians from a bill concerning protections from domestic abuse Wednesday, but the attempt failed.

According to the Des Moines Register, Hagenow said he wanted to test the legislature to address a law saying marriage is between a man and a woman, which the state supreme court struck down last year.

“Rep. Chris Hagenow, R-Windsor Heights, offered an amendment that would define the term spouse to be a person of marriage that is valid under Iowa law that says marriage is between one man and one woman,” reported the Des Moine Register.

The attempt failed after speaker of the house Pat Murphy ruled the move “non-germane” to the bill at hand, and a procedural attempt to suspend the rules and bring the issue to the floor failed along party lines.

“Hagenow, after the vote, said his intention was to push the legislature to address the issue rather than deny same-sex couples protection from domestic abuse. Same-sex couples would still be protected from being assaulted, he said,” reported the Des Moines Register.

Gay rights group One Iowa denounced the tactic by Hagenow as “shameful.”