By THE ASSOCIATED PRESS
Published: August 31, 2007
DES MOINES, Aug. 30 (AP) — A Polk County judge on Thursday struck down Iowa’s law banning same-sex marriage and ordered the county recorder to permit gay and lesbian couples to marry.
Less than two hours after word of the ruling was publicized, two Des Moines men applied for a marriage license, which was accepted and filed.
The ruling by Judge Robert Hanson concluded that the state’s prohibition on same-sex marriage was unconstitutional. He ordered the Polk County recorder to issue marriage licenses to six gay couples who had filed a lawsuit.
“This is kind of the American Dream,” said a plaintiff, Jen BarbouRoske, of Iowa City. “I’m still feeling kind of shaky. It’s pure elation. I just cannot believe it.”
Gay couples from anywhere in Iowa could apply for a marriage license from Polk County. The process takes three days, however.
Polk County is expected to appeal the ruling to the Iowa Supreme Court.
County Attorney John Sarcone said the county filed a motion for a stay from Judge Hanson, which if granted would prevent anyone from seeking a marriage license until an appeal could be heard.
The Iowa Supreme Court could refer the appeal to the Iowa Court of Appeals, consider the case itself or decide not to hear the case.
The deputy county recorder, Trish Umthun, said she took five telephone calls from gay couples after the judge filed his ruling on Thursday afternoon.
The office, which opens at 7:30 a.m. Friday, is expecting a rush of applications.
In his ruling, Judge Hanson said the state law allowing marriage only between a man and a woman violates the constitutional rights of due process and equal protection.
“Couples, such as plaintiffs, who are otherwise qualified to marry one another may not be denied licenses to marry or certificates of marriage or in any other way prevented from entering into a civil marriage” because both persons comprising such a couple are of the same sex, he said.
Dennis Johnson, a Des Moines lawyer, represented the six gay couples who filed suit after they were denied marriage licenses. Mr. Johnson called the ruling “a moral victory for equal rights.”
He argued that Iowa has a long history of aggressively protecting civil rights in cases of race and gender. He said the Defense of Marriage Act, which the Legislature passed in 1998, contradicts previous court rulings regarding civil rights and should be struck down.
Roger J. Kuhle, an assistant Polk County attorney, argued that the issue was not for a judge to decide.
Rachel Cunningham, a spokeswoman for the conservative Iowa Family Policy Center, which opposes same-sex marriage, said the decision would be appealed.
“We’re very disappointed and will pursue to the next level of courts,” Ms. Cunningham said.
Fri Aug 31, 2007 8:20 am
lemons
Joined: 12 Feb 2006
Posts: 964
Location: here ... with her <3
wow! I was born and raised in Iowa ... just 2 hours from Des Moines. Although I now reside in Michigan, seeing this was very interesting!! We know that this usually creates an ugly situation, but I was thrilled to see that there was someone there in lil ol' Iowa who cared about us. Kudos to him!!!!
thanks for sharing this!!
Lem _________________
"No smile is more beautiful than one that has struggled through the tears"
~Unknown
Fri Aug 31, 2007 3:35 pm
BdeCaunteton
Joined: 07 Jan 2007
Posts: 955
Location: Iowa City, IA
no way no way no way no way NO WAY NO WAY NO WAY!!!!!!!!!
AND WHEN WAS I GONNA BE TOLD ABOUT THIS?????
Uh yeah, was just told last night *slaps head* lol _________________ “It would be a pity of lesbians and gay men retreated into the same kind of cultural separatism. " - Jeanette Winterson
www[dot]bdecauntetonspoetry[dot]webs[dot]com
Last edited by BdeCaunteton on Thu Sep 06, 2007 5:35 pm; edited 1 time in total
Tue Sep 04, 2007 4:31 am
trusting fool
Joined: 09 Aug 2007
Posts: 91
Location: um illinois but longing for new york
I currently reside in Illinois but not far from Des Moines A friend of mine in Bettendorf Iowa got his marriage License to his partner and it's "official" for now I think it is wonderful they are so great together and so very happy.yay! _________________ pouring over photographs, i'm living in your letters, breathing deeply from this envelope it smells like you, and i can't live without that scent.-Dashboard Confessional
Tue Sep 04, 2007 7:31 am
Eilidh Moderators
Joined: 09 Apr 2005
Posts: 1880
quote:Originally posted by trusting fool:
A friend of mine in Bettendorf Iowa got his marriage License to his partner and it's "official" for now
It infuriates me to think how same-sex marriages can be "temporarily official", but nonetheless, I'm so happy for your friend!
~Eilidh
Tue Sep 04, 2007 9:04 am
trusting fool
Joined: 09 Aug 2007
Posts: 91
Location: um illinois but longing for new york
Eilidh, I completely agree with you. It is extremely infuriating. _________________ pouring over photographs, i'm living in your letters, breathing deeply from this envelope it smells like you, and i can't live without that scent.-Dashboard Confessional
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