posted on August 31, 2007 11:52:44 AM new
Oh Happy Day
DES MOINES, Iowa - Two men sealed the state's first legal same-sex marriage with a kiss Friday morning, less than 24 hours after a judge threw out Iowa's ban on gay marriage and about two hours before he put the ruling on hold.
It was a narrow window of opportunity.
Thursday afternoon, Polk County Judge Robert Hanson temporarily cleared the way for same-sex couples across the state to apply for marriage licenses in Polk County when he ruled that Iowa's 1998 Defense of Marriage Act, which allowed marriage only between a man and a woman, violated the constitutional rights of due process and equal protection of six gay couples who had sued.
County attorney John Sarcone promised a quick appeal, and he asked Hanson to stay his ruling until the appeal was resolved.
A dozen gay and lesbian couples were waiting at the county recorder's office when it opened Friday morning.
By 11 a.m., 20 had applied for marriage licenses when Recorder Julie Haggerty announced that she had been instructed to stop accepting the applications. Hanson told The Associated Press about an hour and half later that he had formally stayed his ruling.
The judge's stay means the recorder's office is not permitted to accept any more marriage applications from gay couples until the Iowa Supreme Court rules on the county's appeal.
Sean Fritz and Tim McQuillan were among the lucky few to get their application through.
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 a $5 fee and get a judge to sign a waiver.
Friday morning, the Rev. Mark Stringer declared the two Iowa State University students legally married in a wedding on Unitarian minister's front lawn in Des Moines.
"This is it. We're married. I love you," Fritz told McQuillan after the ceremony.
Fritz explained their hurry: "We're both in our undergrad programs and we thought maybe we'd put it off until applying at graduate school, but when this opportunity came up, we thought maybe we wouldn't get the opportunity again."
Republican House Minority Leader Christopher Rants, said the ruling illustrates the need for a state constitutional amendment banning gay marriage.
"I can't believe this is happening in Iowa," Rants said. "I guarantee you there will be a vote on this issue come January," when the Legislature convenes.
Gov. Chet Culver left open the possibility of state action.
"While some Iowans may disagree on this issue, I personally believe marriage is between a man and a woman," the governor said.
Gay marriage is legal in Massachusetts, and 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, a lawyer for the six gay couples who sued after being denied marriage licenses in 2005, said Iowa has a long history of aggressively protecting civil rights in cases of race and gender. The Defense of Marriage Act contradicts previous rulings regarding civil rights and is simply "mean spirited," he said.
Roger J. Kuhle, an assistant Polk County attorney, argued that the issue was not for a judge to decide.
Hanson ruled that the state law banning same-sex marriage must be nullified, severed and stricken from the books, and 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 ..."
"This is kind of the American Dream," said plaintiff Jen BarbouRoske, of Iowa City. "I'm still feeling kind of shaky. It's pure elation. I just cannot believe it."
Kate Varnum of Cedar Rapids, another plaintiff, said she was elated but expected more legal battles: "I don't expect this to be the last one."
Even though the county Web site explaining how to apply for a marriage license still began with the words, "Marriages in Iowa are between a male and a female ...," several couples were waiting when the county recorder's office opened at 7:30 a.m. Friday.
Katy Farlow and Larissa Boeck, both Iowa State University students, were waiting in lawn chairs outside.
"This might be our only chance," Farlow said. "We already knew we were spending the rest of our lives together."
"In my experience, those who do not like you fall into two categories: the stupid, and the envious. - John Wilmot, the Second Earl of Rochester
posted on August 31, 2007 03:07:46 PM newIowa Judge Issues Stay on Own Gay Marriage Ruling
Friday, August 31, 2007
DES MOINES, Iowa — A Polk County judge on Friday issued a stay of his ruling that tossed out Iowa's ban on same-sex marriage.
Judge Robert Hanson said he issued the stay about noon. Earlier, he had told the county attorney to instruct the Polk County recorder to stop accepting same-sex marriage applications.
Fox News
================
from CNN today:
Gay marriage is legal in Massachusetts, and 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 to the National Conference of State Legislatures.
posted on September 1, 2007 11:39:31 AM new
Isn't it funny that every time a Demomoron posts something, it get's disproven with very little effort involved.
TSK TSK TSK...
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.
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If it's called common sense, why do so few Demomorons have it?
posted on September 1, 2007 01:04:08 PM new
The OP did say the Judge put a stay on the decision pending an appeal. Several people did manage to get a marriage license before the stay.
posted on September 5, 2007 07:40:21 PM new
lol....no problem with reading.
WE just KNOW the FACTS. When marriages have taken place in areas/cities where it was illegal but some idiot SAID it was legal...they were invalidated.
The same will happen in this case. The federal and state govs. will NOT acknowledge them UNTIL the law is changed.
And that hasn't happened, most likly won't EVER happen, especially not in THAT state.
For now, they aren't worth the paper they were printed on.
posted on September 6, 2007 05:59:07 AM new
"Just goes to show you many Republicans have a problem with reading."
Is that right? How about those thousands people in Floriduh who were bitching about the 2000 Prsidential campaign complaining they voted for the wrong person because they couldnt read the voting ballot right-THEY WERE ALL DEMOCRATS.The rest of the country had no problem with this...
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If you look like your passport picture, you probably need the trip
[ edited by classicrock000 on Sep 6, 2007 05:59 AM ]
posted on September 18, 2007 05:35:52 PM new
The same thing continues to happen each time the ban on gay marriage is challenged. They lose and marriage remains between one man, one woman.
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Court Upholds Md. Gay Marriage Ban
By BEN NUCKOLS | Associated Press Writer
6:43 PM EDT, September 18, 2007
BALTIMORE - Plaintiffs vowed to take the fight over gay marriage in Maryland to the Legislature after the state's highest court threw out a suit challenging a law that defines marriage as a union between a man and a woman.
In a 4-3 decision, the Court of Appeals ruled that the state's 1973 ban on gay marriage does not discriminate on the basis of gender and does not deny any fundamental rights guaranteed by the state constitution. The court also found that the state has a legitimate interest in promoting opposite-sex marriage.
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posted on September 21, 2007 11:28:14 PM new
It's hard to believe this country is dropping that low in morals.
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