First gay couple
legally marries in Iowa
By HENRY C. JACKSON,
AP from the Web, August 31, 2007
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."
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