Submit your claim details for a free, no obligation case review
Get Started:
Last Thursday, a Polk County, Iowa judge struck down the state's Defense of Marriage Act, which the Legislature had passed in 1998. Six same-sex couples had sued in 2005 in Polk County after being denied marriage licenses, and Judge Robert Hanson ruled in the case that the Act, which allows marriage only between a man and a woman, violates the constitutional rights of both due process and equal protection.
Protecting Civil Rights
He said, "Couples such as [the] 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 persons comprising such a couple are of the same sex." Iowa has a long history of protecting civil rights in cases of gender and race, and the six couples' attorney, Dennis Johnson, used this history to point out that the Defense of Marriage Act contradicts earlier rulings regarding civil rights.
Under Judge Hanson's ruling, same-sex couples from anywhere in Iowa could apply for a marriage license in Polk County. Indeed, within two hours after his ruling was publicized, two men from Des Moines applied for a marriage license at the Polk County offices. Gary Seronko and David Rethmeier made the application, after which Rethmeier said, "I started to cry because we so badly want to be able to be protected if something happens to one of us."
A Rush of Applications Expected
The Polk County Deputy Recorder said that Thursday afternoon after the judge's ruling, she received five calls from gay couples regarding marriage applications, and that the office expects a rush of calls in the coming days.
However, opponents of the ruling and of gay marriage have already sprung into action. County Attorney John Sarcone said that he will appeal the ruling on the county's behalf to the Iowa Supreme Court, and he sought a stay from Judge Hanson of the ruling Hanson just issued. The stay would prohibit marriage licenses for same-sex couples until the county's appeal is resolved.
Hearing on Motion to Stay
A hearing on the county's motion for a stay is likely to be held next week. The Iowa Supreme Court could consider the case, decide not to hear the case, or refer the case to the Iowa Court of Appeals.
In the Iowa state legislature, House Minority Leader Christopher Rants (R-Sioux City) contended that the Polk County ruling demonstrates the need for a state constitutional amendment to ban gay marriage, stating "I can't believe this is happening in Iowa…I guarantee you there will be a vote on this issue come January," when the Legislature reconvenes.
Differing Gay Marriage Rights across the U.S.
At this time, same-sex marriage is legal only in Massachusetts. Nine other states have approved spousal rights for same-sex couples. Twenty-seven states have language in their constitutions defining marriage as solely between a man and a woman.
(Source: Washington Post online)
Do you have questions about gay marriage possibilities or bans? Ask an experienced family law attorney in your state.