Iowa to allow gay marriage

[KristiB]

Yahoo!

A county judge struck down Iowa's decade-old gay marriage ban as unconstitutional Thursday and ordered local officials to process marriage licenses for six gay couples.

Gay couples from anywhere in Iowa could apply for a marriage license from Polk County under Judge Robert Hanson's ruling.

Less than two hours after word of the ruling was publicized, two Des Moines men applied for a license, the first time the county had accepted a same-sex application. The approval process takes three days.

Gary Allen Seronko, 51, was listed as the groom on the form and David Curtis Rethmeier, 29, the bride.

"I started to cry because we so badly want to be able to be protected if something happens to one of us," Rethmeier said.

Deputy Recorder Trish Umthun said she took five calls from gay couples after the judge filed his ruling Thursday afternoon and expected a rush of applications Friday.

County attorney John Sarcone said the county will appeal to the Iowa Supreme Court and immediately sought a stay from Hanson that would prevent gay couples from seeking a marriage license until the appeal is resolved. The Supreme Court could refer the case to the Iowa Court of Appeals, consider the case itself or decide not to hear it.

A hearing is likely to be held on the stay motion next week, said Camilla Taylor, an attorney with Lambda Legal, a New York-based gay rights organization.

House Minority Leader Christopher Rants, R-Sioux City, said the ruling illustrates the need for a state constitutional amendment banning gay marriage.

"I can't believe this is happening in Iowa," he said. "I guarantee you there will be a vote on this issue come January," when the Legislature convenes.

Massachusetts is the only state where gay marriage is legal, though nine other states have approved spousal rights in some form for same-sex couples. Nearly all states have defined marriage as being solely between a man and a woman, and 27 states have such wording in their constitutions, according the National Conference of State Legislatures.

Dennis Johnson, the lawyer for the six gay couples who sued in 2005 after they were denied marriage licenses, had 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 rulings regarding civil rights.

Roger J. Kuhle, an assistant Polk County attorney, argued that the issue is not for a judge to decide.

Hanson ruled that 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 ... by reason of the fact that both person comprising such a couple are of the same sex," he said.

___

Associated Press writer Henry C. Jackson contributed to this report.

[Grimmlok]

i love that..

Republican on the phone:

"oh no, it's happened! now we need to ban it completely!.. why?.. um.. i dunno. Has anything happened since the homos got hitched?..... no?.... well crap. Ok, someone dig up a nebulous, biblical reason to stop it... yes. just because... that's right."

[KristiB]

LOL Grim.

[Grimmlok]

oh, of course:

DES MOINES, Iowa (AP) - Same-sex marriage was legal here for less than 24 hours before the county won a stay of a judge's order on Friday, a tiny window of opportunity that allowed two men to make history but left dozens of other couples disappointed after a frantic rush to the altar.

At 2 p.m. Thursday, Judge Robert Hanson ordered Polk County officials to accept marriage license requests from same-sex couples, but he granted the stay at about 12:30 p.m. Friday. By then 27 same-sex couples had filed applications, but only Sean Fritz and Tim McQuillan of Ames had made it official by getting married and returning the signed license to the courthouse in time.

In the front yard of the Rev. Mark Stringer, pastor of the First Unitarian Church of Des Moines, they become the only same-sex couple wed in the U.S. outside of Massachusetts, where some 8,000 such couples have tied the knot.

Stringer concluded the ceremony by saying, "This is a legal document and you are married." The men then kissed and hugged.

"This is it. We're married. I love you," Fritz told McQuillan after the ceremony.

No more same-sex weddings will be recognized, and no more applications will be accepted, pending Polk County's appeal of Hanson's ruling to the Iowa Supreme Court, County Attorney John Sarcone said.

Hanson's order had applied only to the county, but because any Iowa couple could apply for a license, people from across the state rushed to Des Moines, only to see fluorescent green signs explaining the stay and adding, "Sorry for the inconvenience."

Lytishya Borglum and partner, Danielle Borglum, drove 2 1/2 hours from Cedar Falls, along with their 13-month-old daughter, Berlyn. They planned to apply in Polk County and told their pastor in Cedar Falls to be ready to marry them when they returned.

"(We) plan to take the application home and pray that things change. Even though it is a setback, it is a step in the right direction," Lytishya Borglum said.

She said they would like to get legal status to gain more rights but added, "As far as we're concerned, our marriage is between us and God. We've been married for three years - if you ask us."

Accepting marriage licenses from same-sex couples has been illegal under a 1998 state law that permitted only a man and a woman to marry.

Hanson, ruling in a case filed by six same-sex couples who were denied marriage licenses in 2005, declared the law unconstitutional Thursday. He ruled that the marriage laws "must be read and applied in a gender neutral manner so as to permit same-sex couples to enter into a civil marriage."

The marriage license approval process normally takes three business days, but Fritz and McQuillan took advantage of a loophole that allows couples to skip the waiting period if they pay $5 and get a judge to sign a waiver.

Other couples, even those who got an early start Friday, were out of luck. Katy Farlow and Larissa Boeck, students at Iowa State University, said they got to the county recorder's office at 5 a.m., then sat in lawn chairs and ate snacks until the office opened at 7:30 a.m. They got their application in but didn't get their license.

This might be our only chance," Farlow said. "We already knew we were spending the rest of our lives together."

Hanson granted the stay after Sarcone filed a motion saying his ruling should be put on hold because lifting the ban was far reaching and would likely be overturned by the Iowa Supreme Court.

Hanson wrote that Sarcone's arguments "do indeed constitute good cause for the issuance of the requested stay."

Plaintiff's attorney Dennis Johnson had argued that the county's appeal probably would not succeed and disputed its contention that a reversal would throw any licenses issued into legal doubt.

He said a marriage license is valid until one or both of the spouses seek to have it dissolved or one dies, "regardless of changes in the law that may occur after the couple marries."

The Iowa Supreme Court can refer the case to the Iowa Court of Appeals, consider the matter itself or decide not to hear the case.The flurry of activity in the courts prompted a quick response from some lawmakers. House Republican leader Christopher Rants called on Democrats, who hold a majority of seats in the Legislature, to respond.

"The Democrats should call a special session immediately to take up such issues and to introduce a marriage amendment for Iowa's constitution," he said in a statement. "House Democrats need to start leading or get out of the way."

Language defining marriage as being between a man and a woman has been written into the constitutions of 27 states, according the National Conference of State Legislatures. Most other states have laws to the same effect; Iowa's was approved overwhelmingly by the Legislature in 1998.

Gov. Chet Culver on Thursday issued a statement stating his opposition to gay marriage and said he would wait for the court process to play out before considering any push for legislative action.

"While some Iowans may disagree on this issue, I personally believe marriage is between a man and a woman," Culver said.

Gay marriage is legal in Massachusetts, and nine other states have approved spousal rights in some form for same-sex couples.

My Way News - Iowa Gay Marriage Applications Halted

[MrsDark]

ONE fucking couple!?? Wow that was fast. There are probably more people on death row who end up getting executed because a "stay" wasn't issued fast enough.

[crackho]

HA! Was some right-winged nimrod sleeping on the job? Lol.

I may just have to head over to Iowa and get myself a big 'ol farm boy.

[Eli]

I hate when people say about a gay couple "which one's the wife?" Uh, and it's like "well, neither of them, that's sort of the point".
Why does one of them have to apply as the "bride"???

[waikiki]

Originally Posted by Allie

I hate when people say about a gay couple "which one's the wife?" Uh, and it's like "well, neither of them, that's sort of the point".
Why does one of them have to apply as the "bride"???

In fact actually there's no need to give labels. Marriage is a contract that works like every other law. Basically, people are generally influenced by the religious value and the need of social identification in a wedding, that is the reason why I believe people are still asking nowadays: "Who's the bride, here??".

[nwgirl]

Originally Posted by MrsDark

ONE fucking couple!?? Wow that was fast. There are probably more people on death row who end up getting executed because a "stay" wasn't issued fast enough.

Surprising how the courts can really move it when there's an "important" issue that needs to be addressed, huh?

[sweet and sexy]

Originally Posted by crackho

I may just have to head over to Iowa and get myself a big 'ol farm boy.

Lol.

[Eli]

There needs to be a new word for a married couple, like introducing you'd say: "This is my marriage, Paul" or something less stupid. "Marrieda" for female, "Marriedo" for men maybe? Something to think about.

[nycgirl]

I expect gay marriage will become legal sometime within the next 50 years, it will happen gradually state by state