Judge: Same-sex couples can wed in Iowa

[one...two...tree 2,762]

By DAVID PITT, Associated Press Writer

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.

[MissStacey 1]

I think it is great. I have no problems with same sex marriage.

[AtlantiCat 0]

If we could possibly have a more appropriately named Republican House Minority Leader than one called Christopher Rants, I don't know how.

Hooray for Iowans! Disallowing same-sex marriage is illegal under the Constitution. Glad to hear at least one judge recognizes this.

[Jasman0717 9]

This is gona piss GWB off

[Raspect 0]

I think it is great. I have no problems with same sex marriage.

YES!! This is a very good thing. The gov't keeping people apart, who love each other, does not seem like a good idea to me. I think that people here can understand how bad one wants to be with the one they love. It is only fair!

[MissStacey 1]

I have often wondered what exactly happens if a gay married couple chooses to divorce.

For example- A US couple gets married in Canada where same sex marriage is legal, but they live in a State where same sex marriage is not recognized- would they even have to bother getting a legal divorce if they break up?

[Mr. Big Dog 10,747]

The Iowa judge will apply for asylum in Massachusetts soon.

[Sheriff Uling 3]

I think it's awful and disgusting! And yes, I have a big problem with it!

[eric&gen 0]

Polk County lol

[kisschick1976 0]

I think it is great. I have no problems with same sex marriage.

I totally agree! Love is love and sometimes you just can't help who you fall in love with You should be able to marry someone you love not just someone you're allowed to love.

[one...two...tree 2,762]

I think it's awful and disgusting! And yes, I have a big problem with it!

What's awful and disgusting - being gay or allowing gay people to marry?

[Mr. Big Dog 10,747]

Polk County lol

Maybe they'll re-name it to Poke county soon. Sounds alike...

[eric&gen 0]

Gay marriage sucks how can a guy fall in love with another guy and say i want to marry you lol.

[pedroh 21]

I think it's awful and disgusting! And yes, I have a big problem with it!

why? cuz if a gay person stares at a kid, the kid will become gay?

usually homophobes are hidin something in the closet

Edited August 31, 2007 by pedroh

[Jasman0717 9]

This topic is right up there with abortion