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Old 08-31-2007, 12:46 AM   #1
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It looks like Iowa's joining the march to Hell

Sure it's preliminary, but it really is all about equal protection under the law, ain't it?


http://www.cnn.com/2007/US/law/08/30...age/index.html

Quote:
(CNN) -- An Iowa district court ruled Thursday that same-sex couples can marry based on the state constitution's guarantee of equal treatment, court documents show.


An Iowa district judge ruled in favor of same-sex marriage.

The ruling was in response to a December 2005 lawsuit brought by six same-sex couples seeking to wed. They were denied marriage licenses and claimed such treatment violates equal-protection and due-process clauses in the Iowa constitution.

The court also struck down a state law declaring valid marriages are only between a man and woman.

The Iowa District Court for Polk County advances the case to the Iowa Supreme Court which will make a final decision on same-sex marriage, according to Lambda Legal, a gay and lesbian legal organization representing the couples.

The 63-page ruling, written by Judge Robert Hanson states: "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 pursuant to Iowa Code Chapter 595 by reason of the fact that both persons compromising such a couple are of the same sex."

The law describing marriage as between a man and a woman, "constitutes the most intrusive means by the state to regulate marriage. This statute is an absolute prohibition on the ability of gay and lesbian individuals to marry a person of their choosing," Hanson wrote.

Lambda says the six couples are all in long-term relationship - one couple has been together for six years, another couple has been together for 17 years.


"Three of the couples are raising children, others are planning families, and all want the responsibilities of marriage and the protections only marriage can provide," according to the organization.

"We respectfully disagree with the court's decision, and we're going to ask for a stay," said Polk County Attorney John Sarcone.

He said his office will examine whether it's best to file a motion to reconsider. But barring a change in the court's opinion, Sarcone will appeal the ruling.

Co-counsel for the plaintiffs along with Lambda Legal, Dennis Johnson called the ruling "a significant step forward in recognizing the constitutional rights of all Iowans, and it's an amazing day for same-sex couples and their families all across Iowa.
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Old 08-31-2007, 12:49 AM   #2
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Fucking heathens...
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Old 08-31-2007, 12:49 AM   #3
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Welcome to the 21st century
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Old 08-31-2007, 12:52 AM   #4
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Originally posted by DrTeeth
Welcome to the 21st century
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Old 08-31-2007, 07:59 AM   #5
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wooot!

I love how they stress the logevitiy of each of their relationships
while straight people can marry someone they've just or never met.
Cause, like, we're soooo much better!
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Old 08-31-2007, 08:45 AM   #6
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Old 08-31-2007, 10:17 AM   #7
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Now if we could just marry our cows.

Although judging by some of the women in this state, it IS already legal!!

I kid I kid

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Old 08-31-2007, 12:35 PM   #8
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Activist judges are ruining America.
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Old 08-31-2007, 12:37 PM   #9
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Osama Bin Laden is smiling right now ... oh, wait ...
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Old 08-31-2007, 03:17 PM   #10
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and baby jesus is crying
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Old 08-31-2007, 03:20 PM   #11
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Quote:
Originally posted by dazzlingamy
wooot!

I love how they stress the logevitiy of each of their relationships
while straight people can marry someone they've just or never met.
Cause, like, we're soooo much better!
I doubt that gay relationships are any longer or better than straight ones.
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Old 08-31-2007, 03:21 PM   #12
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Quote:
Originally posted by BEAL
Now if we could just marry our cows.
Although judging by some of the women in this state, it IS already legal!!
HIGH OH!
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Old 08-31-2007, 03:27 PM   #13
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Quote:
Originally posted by anitram
Activist judges are ruining America.
I know. Applying the law equally to everyone.
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Old 08-31-2007, 03:30 PM   #14
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Yay Hell!
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Old 08-31-2007, 03:38 PM   #15
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ttp://www.cnn.com/2007/US/08/31/iowa....ap/index.html

Dammit. He stayed his order.




DES MOINES, Iowa (AP) -- 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.

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 late morning, 20 had applied for marriage licenses when Recorder Julie Haggerty announced that she had been instructed to stop accepting the applications. Hanson later said the judge 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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