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1 gay marriage, then judge stays ruling
By Henry C. Jackson
Associated Press
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DES MOINES, Iowa -- 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 that ruling on hold.

It was a narrow window of opportunity.

Polk County Judge Robert Hanson temporarily cleared the way for same-sex couples across the state to apply for marriage licenses in the county when he ruled Thursday 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 asked Hanson to stay his ruling until that appeal was resolved.

A dozen gay and lesbian couples were waiting at the county recorder's office when it opened at 7:30 Friday morning.

"This might be our only chance," said Katy Farlow, who waited in a lawn chair with fellow Iowa State University student Larissa Boeck.

Just after 11 a.m., about 20 gay couples had finished applying for marriage licenses when Recorder Julie Haggerty announced she could no longer accept applications. Hanson told The Associated Press about an hour and half later that he had formally stayed his ruling.

The stay meant the recorder's office was 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 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."

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Reader comments on this story - 41 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Logic wrote on Sep 2, 2007 3:45 AM:

" It's sad that people are still making a big fuss over this. And pathetic how so many who claim to be "christian" are the least Christ-like. For the record, despite what some ultra-conservative neo-cons would like, we live in a Democracy, not a Theocracy! Separation of church & state. It doesn't matter if YOU think gays are "icky" or what _YOUR_ interpretation of "God" thinks. This is a civil rights issue, not a religious issue! And isn't it funny how everyone's so up in arms about who's kissing who, or who's putting what body part where, when there are so many worse things going on in this world?? OPEN YOUR EYES! I'm tired of this petty nonsense. You wanna make this world a better place, then put your effort into something WORTHWHILE: Feed the hungry, help the poor, take care of the sick, protect the enviroment, be kind to others. Say, isn't that what your Christ was doing and trying to teach you all along? You bigots totally missed the message. I pity you. "

For those christians wrote on Sep 1, 2007 8:50 AM:

" So for those christians who are believing that marriage is only related to religion i want to see you go to your church next time you need a divorce. As a queer male, i don't care what you thinks/feel about my life, however I do feel it is only right that I be aloted the same marriage rights. If I wanted to be unhappy in a relationship I could marry a woman but then I would just help boost that divorce statistic. JLK "

woohoo wrote on Sep 1, 2007 6:12 AM:

" its long over due for every american to be allowed the pursuit of happiness! i just hope they are able to keep living their dream! "

Helpful to GOP wrote on Aug 31, 2007 6:32 PM:

" Allowing gay marriage would be good to Republicans. There would hopefully be less hipocritical Republicans in the closet. "

I am GAy wrote on Aug 31, 2007 4:28 PM:

" I am gay, have been all my life, over 50 years. I knew all along it was wrong! Gay marriage is wrong! Gay sex is wrong! I will still probably always have these feelings, but I don't have to act on them, and won't act on them. I won't marry a woman either, that would be wrong for me and her both. YES, I am a christian now, and that did change my mind on the gay way being a lie of satan. But I do still talk to all my old friends, (if they want to chat), I still love everyone. I am no better than anyone else around, and pray for them right along with myself. "

To: To WHY wrote on Aug 31, 2007 4:04 PM:

" Your backward is logic. I happen to know for a fact that Mustangs exist I still have one. Wet desserts are dry. Think about it., Jebus is king "

To WHY???? wrote on Aug 31, 2007 3:43 PM:

" Your logic is backwards. The burden is not on churches, or individuals to ban gay marriages. You can't ban what doesn't rightfully exist. That would be like banning dry oceans or wet deserts, or Chevrolet Mustangs. "

WHY??? wrote on Aug 31, 2007 3:34 PM:

" Just for the record, I am straight as a one dollar bill. I just think everyone should be treated equally when it has to do with the government. All of you who keep saying it is a God issue are just wrong. If you belong to a church you have every right to prohibit gay marriages. A government does not. Marriage (the government one) is simply a contract. "

WHY??? wrote on Aug 31, 2007 3:28 PM:

" To Just Me: AMEN BROTHER !!!!!!!!!!!! "

WHY wrote on Aug 31, 2007 3:26 PM:

" Ok so If I accept Jesus as my savior I am saved no matter what I do. So if I am gay it should not matter. "

Just me wrote on Aug 31, 2007 3:14 PM:

" If people would spend more time worried about their lives and what they are doing the world would be a lot better place. Religion or not.....it is not our job to place judgement on what others do with their life. Whether some one is with another person of the same sex or opposite sex it is not hurting you in any way. If you don't like it....don't look......how hard it that? I am sure that many people don't like a lot of things that the people around them do but thats life. If everyone was the same those who are total hypocrites would not have anything to whine and complain about because the difference would be obvious. Grow up and get off your high horse.......you are no better than anyone else. "

Gay Marriage wrote on Aug 31, 2007 3:11 PM:

" Why are we revisiting this dead issue? The only states that even entertain such a perverted assertion are the ones who are so liberal that think there should be no law at all. What I find so hypocritcal about all of this mess is that Barney Frank is still in congress. Crane the republican senator who got caught soliciting sexual favors from a young man in a police sting is supposed to leave office immediately. Yet Bawney Fwank diddled his underling (a democrat tradition) and allowed him to run an escort service out of the home that taxpayers are picking up the tab for and yet he is still in office. I would love for some leftie to come in here and defend Bawney and AA Posterboy Ted Kennedy who epitomizes the slogan, "don't drink and drive when you have a pregnant mistress in your car" defend the postion of the left wing Iowa judges decision to allow it and then recant. The Democrats are certainly a fairy nice group. "

Hogwash wrote on Aug 31, 2007 3:04 PM:

" If all of you so-called Christians are worried about the sanctity of marriage, why don't you ban divorce? "

To WHY????? wrote on Aug 31, 2007 2:40 PM:

" You said, "You will be judged on how you live your life." Nope. On judgment day, you are either saved by the grace, not by your works. Please don't quote scripture when it says the opposite of what you think. "

dwarf to Re To Dwarf wrote on Aug 31, 2007 2:32 PM:

" "We ARE all treated in the same manner by the state: Homosexuals AND heterosexuals person may marry a person of the opposite sex"... That's a pretty crazy argument. You could just as easily draw a line at "Heterosexuals can marry someone they are attracted to, while homosexuals cannot" which brings us right back to inequal treatment. "

WHY wrote on Aug 31, 2007 2:28 PM:

" What if I do not believe in your God, who say it is wrong. Then it is only the governament sayin it is wrong. "

WHY??? wrote on Aug 31, 2007 2:26 PM:

" What if the majority of the people believed in a God that wanted gays only to be married. Would it be wrong to create a law saying you can't get married because you are hetero and in the minority? "

WHY??? wrote on Aug 31, 2007 2:23 PM:

" Why is this a religious issue. What if 2 men what to get married and do not believe in the same God as you do? So it is not a moral issue. The government needs to treat EVERYONE equal. If there are consequences from God, then they will be judged by him. You will be judged on how you live your life. "

Reply to WHY wrote on Aug 31, 2007 2:23 PM:

" You're really on a "rights" kick here. Rights are a non-issue when God says the act is wrong. "

''''''''''''' wrote on Aug 31, 2007 2:23 PM:

" let them do what they want but no kids can you imagine being picked on in school "

Re WHY wrote on Aug 31, 2007 2:22 PM:

" It's more than about your so-called rights. It's about what God has determined is good for society and bad for society. When you have people that have differing views as to what's right or wrong, that leads to chaos in society. People say, "You do what you want to do, but let me do what I want to do" That just leads to societal breakdown. "

WHY wrote on Aug 31, 2007 2:13 PM:

" Not that I do not care about my neighbor, I guess I mean it is none of my business unless they are dangerous to others or violate mime or your rights. "

To WHY??? wrote on Aug 31, 2007 2:12 PM:

" Here's my two cents. You, my dear, are missing the theme of the new testament, which you seem to hold so dear. What did your precisous saviour ask of his deciples? It was "love one another as I have loved you." Better go back to church and ask for the holy spirit to be upon you. "

WHY wrote on Aug 31, 2007 2:11 PM:

" I think kinng someone in a pistol dual would fall into the catergory of violating someons rights. "

to Wow wrote on Aug 31, 2007 2:10 PM:

" Wow wrote on Aug 31, 2007 1:31 PM: " our counrties morality is going down hill... "So is our spelling. "

Re To Dwarf wrote on Aug 31, 2007 2:03 PM:

" We ARE all treated in the same manner by the state: Homosexuals AND heterosexuals person may marry a person of the opposite sex, but not of the same sex. It's only homosexuals that are pushing for the special treatment of "marryiage" or "civial unions" between two people of the same sex. "

To holy crap wrote on Aug 31, 2007 1:56 PM:

" Then you better work toward amending the constitution cause those words aren't there. "

To WHY??? Part 2 wrote on Aug 31, 2007 1:56 PM:

" God says "Love your neighbor as yourself" as opposed to your "couldn't care less" I think you've touched on something. Those that are into same sex marriage have an "it's all about me" attitude. That's part of the problem. "

To sick sick sick wrote on Aug 31, 2007 1:55 PM:

" ...So it's okay to marry if you are man and woman? God says that marriage is forever, 'till death do you part'. So, you homophobic and straight folks bend the rules of God to benifit your needs and get a divorce. Then why can't gays and lesbians 'bend' the rules too? God also states the killing is a sin. Yet you 'bend' the rules when allowing abortions. Everyone would be better off tending to their own affairs, unless of course you are open minded and a true Christian. "

TO dwarf wrote on Aug 31, 2007 1:54 PM:

" You probably get tired of saying that, only to have people not understand what you mean. But I do understand 100 percent, and say the same thing. Get the State out of it and there won't BE an equal rights problem. By the way, while I'm not in favor of gay marriage, I agree that the State is failing to treat them equally with hetros (e.g., tax treatment, etc.). We should all be treated, by the STATE, in the same manner. "

To WHY??? wrote on Aug 31, 2007 1:54 PM:

" Somebody killing another in a pistol duel doesn't affect me either, but God says it's wrong. "

Holy crap. wrote on Aug 31, 2007 1:53 PM:

" I echo dwarf 100%. Separation of church and state. "

Holy crap. wrote on Aug 31, 2007 1:52 PM:

" I echo dwarf 100%. Separation of church and state. "

WHY ????? wrote on Aug 31, 2007 1:46 PM:

" Why are people against gay marriage? How does 2 men or 2 women effect your live in any way? I couldn't care less what my neighbor does, unless it violates the rights of another. (child abuse, etc). "

sick sick sick wrote on Aug 31, 2007 1:44 PM:

" This makes me want to throw up. Marriage was designed by God, not man, and is a union of one man and one woman. People trading in their birth gender for another is a mental state & pretending to be of different gender for relationships is even more sickening. AIDS is telling you this is wrong people! You are tarnishing what should be a very special bond with same sex marriage! "

Wow wrote on Aug 31, 2007 1:31 PM:

" our counrties morality is going down hill... "

Congrats! wrote on Aug 31, 2007 1:28 PM:

" to the groom and groom!! "

Downstater wrote on Aug 31, 2007 1:24 PM:

" I guess our Guv and Emil went across the river and tied the knot. I here Ameren is paying for their honeymoon. "

Finally wrote on Aug 31, 2007 1:18 PM:

" Finally a county moving in the right direction. "

dwarf wrote on Aug 31, 2007 1:15 PM:

" The problem is that marriage strides the line between secular and religious concerns. My humble suggestion: (1) Get the state out of the business of *marriages*. All couples, gay or straight, could equally enter into civil unions. (2) Marriage is a religious institution. The determination of who does or doesn't get married can be made by any church/synagogue/mosque on their own terms. If church and state are kept separate (as they should), the problem disappears. "

kp wrote on Aug 31, 2007 1:08 PM:

" Good for them!!! FREE in America - who'da thunk it? "
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