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Iowa's gay marriage ban goes before high court
The state Supreme Court will hear arguments next month about whether
the Defense of Marriage Act - briefly struck down last year - is
unconstitutional.
By P.J. Huffstutter
November 27, 2008
Reporting from Fort Wayne, Ind. -- The national fight over same-sex
marriage is coming to a peak in Iowa, where the state's highest court
will hear arguments next month over whether the state's ban on gay
unions is unconstitutional.
The debate over the future of Iowa's Defense of Marriage Act, a
decade-old law that defines marriage as being between a man and a
woman, comes after a ruling by a lower court judge last year. Iowa
District Court for Polk County Judge Robert Hanson ruled in August 2007
that the act violated the state constitutional rights of equal
protection and due process. The ruling stood for less than 24 hours
before a Polk County attorney filed an appeal to the Iowa Supreme
Court.
But in the nearly nine business hours that same-sex marriage was legal
in the Hawkeye State, dozens of couples applied for licenses. Only one
couple -- a pair of Iowa State University undergraduates -- was able to
move fast enough to obtain a license and rush through a ceremony before
the stay was enacted.
Now, both national advocates and opponents of same-sex marriage say
they will closely monitor the Dec. 9 hearing in Des Moines. Both sides
say they wonder whether the recent passage of Proposition 8 in
California, which banned gay marriage, will influence the outcome in
Iowa, and whether the issue of same-sex unions will return to the
forefront as state legislatures return to session early next year.
More than half of the country's states have a law that defines marriage
as a union between one man and one woman, according to research by the
National Conference of State Legislatures.
And after the Connecticut Supreme Court invalidated that state's ban on
same-sex marriages last month, there are now two states -- including
Massachusetts -- where marriage licenses can be legally issued to gay
couples.
California used to be in that category. In May, the state Supreme Court
overturned the state's gay marriage ban. But after California voters
passed Proposition 8 this month, same-sex marriage was banned once
again and the fate of thousands of same-sex unions was thrown into
doubt.
Last week, California's highest court agreed to review legal challenges
to the proposition.
Given that two state Supreme Courts are likely to weigh in on the
subject next year, and that many state legislatures were in recess
during California's fight over the matter, "I think it's highly likely
that lawmakers across the country will be looking to get something on
the ballot in 2009," said Christine Nelson, a policy analyst who
focuses on same-sex marriage and family law for the National Conference
of State Legislatures.
Camilla Taylor, lead counsel for the plaintiffs in the case appealed to
the Iowa Supreme Court, said it was not about issues of faith.
"All we're talking about is government-issued marriage licenses," said
Taylor, who works for Lambda Legal. The national gay rights
organization filed a lawsuit in 2005 on behalf of six same-sex Iowa
couples; it was later amended to include three children whose parents
are plaintiffs.
"There comes a point when you can't tell people to hold off on getting
married any longer," Taylor said. "We felt the time was right, and that
Iowans would give us a fair hearing."
But Bryan English, a spokesman for the Iowa Family Policy Center, which
opposes same-sex marriage, said: "Iowa marriage law is settled, simple
and overwhelmingly
supported by the people of Iowa. We're just hopeful the Supreme Court
will uphold the law."
In Iowa, officials with the Polk County attorney's office declined to
comment on the impending Supreme Court debate.
Until a final ruling is issued, Sean Fritz and Tim McQuillan won't know
how long their marriage will remain legally recognized in Iowa.
On the morning of Aug. 31, 2007, the two college students filled out
the paperwork for a marriage license in Polk County, paid $5 to waive
the normal three-day waiting period and found a judge to sign the
waiver form.
A pastor at the First Unitarian Church of Des Moines agreed to hold a
quickly organized wedding on his front lawn, where it was witnessed by
family and more than a dozen reporters.
Less than an hour after the couple received their marriage license,
Hanson placed a hold on his ruling, pending the appeal.
That sort of rushed nuptial didn't appeal to either Jen BarbouRoske,
38, or her partner of more than 18 years, Dawn BarbouRoske. The couple
-- plaintiffs in the case going before the Iowa Supreme Court -- has
long wanted to get married in their hometown of Iowa City, for
themselves and their two daughters.
" 'Marriage' describes the relationship Dawn and I have," said Jen, a
nursing supervisor. Besides, she added, "it seems like a silly thing to
have to explain to your kids: 'Oh, these are the rights we don't have.'
"
Huffstutter is a Times staff writer.
AJ