Source: Pink News, Associated Press via Chicago Tribune
The fight for gay equality continues in the heart of rural America this week, as the Iowa Supreme Court accepts legal briefs in a lawsuit brought by six same-sex couples denied marriage licenses in the state.
Senior attorneys from Lambda Legal, joined by former Iowa solicitor general Dennis Johnson, were among the 17 groups and individuals filing papers arguing that denying marriage to same-sex couples violates the equal protection and due process guarantees in the state's Constitution.
A gay couple that was married in Iowa after a judge briefly nullified the state's ban issued a statement about the "friend of the court" briefs filed in support of the lawsuit.
"We are humbled by the amount of support that our fellow Iowans are lending to the case. They reflect the views of many Iowans, including those of our families, our friends, and our community," they said in the statement.
Lambda Legal is a New York-based group that has spearheaded a same-sex marriage drive across the country.
An initial lawsuit was filed in Polk County District Court in 2005, naming former Polk County recorder and registrar Timothy Brien.
That lawsuit prompted a ruling last August by Judge Robert Hanson, who said the state law allowing marriage only between a man and a woman violates the constitutional rights of due process and equal protection.
In his ruling at Polk County Court, Hanson launched a stinging attack on the law on marriage as defined between a man and a woman, describing it as "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."
The judge said the state law banning same-sex marriage must be nullified, severed and stricken from the books and that the state's marriage laws must be rewritten to become gender neutral.
A day later, Hanson stayed the decision, but only after more than 20 same-sex marriage applications had been accepted and one couple, Sean Fritz and Tim McQuillan of Ames, were married. They had obtained a judge's waiver of Iowa's three-day waiting period for marriage licenses.
Roger J. Kuhle, an assistant Polk County attorney, told The Associated Press on Thursday that he would not be able to see the arguments filed by Lambda Legal until after the weekend. He has said in the past that the issue should not be for a judge to decide, but should be left to lawmakers.
In the arguments filed Friday, Lambda Legal maintains that the ban denies gay and lesbian couples the constitutionally guaranteed right to liberty and privacy and equal protection under the law.
Lambda Legal argues that civil marriage in Iowa "is the only gateway" to rights, obligations and benefits that protect married couples and their children.
Some of the examples it listed were the authority to make health care and burial decisions, entitlement to workplace and other benefits from spouses and the ability to file joint tax returns and take marriage-related deductions.
"But marriage is not merely a bundle of legal rights and duties," the arguments said.
"For two people who have found joy in each other, it can be a definitive expression of love, devotion, and dedication. It allows each to honor the relationship of one to the other in a state-sanctioned way."
At least 17 briefs will be filed with the Iowa Supreme Court by a wide array of local and national organizations and individuals on behalf of the six same-sex couples and their families.
Among those speaking up for marriage equality are two former Iowa Lieutenant Governors, Joy Corning and Sally Pederson.
"We are proud of Iowa's long history in ensuring fairness and equality for all Iowans," they said in a joint statement.
"We signed our names to a brief submitted to the Court because we believe that the Court is the proper place to decide this matter.
"We have a keen understanding of the different roles the courts and legislature play in leading our state and treating all Iowans with fairness."
Some Iowa legislators attempted to preempt the court's decision by introducing a proposed constitutional amendment that would ban same-sex unions. [see Qnews summary] Democrats, who control both houses, managed to block passage of the measure.
Those filing briefs with the supreme court in favor of marriage equality include doctors, social workers, scientists, historians and more than 200 clergymen and other faith leaders.
Lambda Legal said nine "friend of the court" briefs were filed on behalf of Brien. The deadline for those was earlier this year.
Oral arguments will be scheduled by the supreme court in coming months, but a decision this year is unlikely.
Full article: Politicians and church leaders back gay marriage in Iowa | Pink News
Group to file arguments in Iowa's same-sex marriage case | Chicago Tribune (AP)