Iowa Judge Strikes Down Same-Sex Marriage Ban
Judging from the reaction, an Iowa county judge's decision to strike down the state's decade-old ban on same-sex marriage seems to have caught most conservatives in the state by surprise.
Only Polk County, Iowa, is affected by Judge Robert Hanson's ruling. But couples from across the state can come to the county and apply to get married. One gay couple has already applied for a marriage license and five more have made inquiries. There is a three-day approval process after the application is made.
The Associated Press reports that Hanson ruled that "the state law allowing marriage only between a man and a woman violates the constitutional rights of due process and equal protection."
"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 ... by reason of the fact that both person comprising such a couple are of the same sex," he said.
Polk County Attorney John Sarcone says he will appeal the decision to the Iowa Supreme Court and ask for an immediate stay of Hanson's order so no gay couples can get a marriage license.
State Republican lawmakers have vowed to take action and pass a constitutional amendment against gay marriage. They want Gov. Chet Culver to add the gay marriage debate to a special legislative session he has said he might convene to deal with the date of the Iowa caucuses. Otherwise, the lawmakers say they will take it up when the regular session starts in January.
(Update: Two men were married in Des Moines this morning after a judge waived the three-day waiting period for them. However, Hanson stayed his ruling about two hours later.)
10:07 AM ET | 08-31-2007 | permalink
