Posted on 09/01/2007 8:38:29 PM PDT by 2ndDivisionVet
DES MOINES, Iowa - Same-sex marriage was legal here for less than 24 hours before the county won a stay of a judge's order on Friday, a tiny window of opportunity that allowed two men to make history but left dozens of other couples disappointed after a frantic rush to the altar.
At 2 p.m. Thursday, Judge Robert Hanson ordered Polk County officials to accept marriage license requests from same-sex couples, but he granted the stay at about 12:30 p.m. Friday. By then 27 same-sex couples had filed applications, but only Sean Fritz and Tim McQuillan of Ames had made it official by getting married and returning the signed license to the courthouse in time.
In the front yard of the Rev. Mark Stringer, pastor of the First Unitarian Church of Des Moines, they become the only same-sex couple wed in the U.S. outside of Massachusetts, where some 8,000 such couples have tied the knot.
Stringer concluded the ceremony by saying, "This is a legal document and you are married." The men then kissed and hugged.
"This is it. We're married. I love you," Fritz told McQuillan after the ceremony.
No more same-sex weddings will be recognized, and no more applications will be accepted, pending Polk County's appeal of Hanson's ruling to the Iowa Supreme Court, County Attorney John Sarcone said.
Hanson's order had applied only to the county, but because any Iowa couple could apply for a license, people from across the state rushed to Des Moines, only to see fluorescent green signs explaining the stay and adding, "Sorry for the inconvenience."
Lytishya Borglum and partner, Danielle Borglum, drove 2 1/2 hours from Cedar Falls, along with their 13-month-old daughter, Berlyn. They planned to apply in Polk County and told their pastor in Cedar Falls to be ready to marry them when they returned.
"(We) plan to take the application home and pray that things change. Even though it is a setback, it is a step in the right direction," Lytishya Borglum said.
She said they would like to get legal status to gain more rights but added, "As far as we're concerned, our marriage is between us and God. We've been married for three years - if you ask us."
Accepting marriage licenses from same-sex couples has been illegal under a 1998 state law that permitted only a man and a woman to marry.
Hanson, ruling in a case filed by six same-sex couples who were denied marriage licenses in 2005, declared the law unconstitutional Thursday. He ruled that 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."
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 $5 and get a judge to sign a waiver.
Other couples, even those who got an early start Friday, were out of luck. Katy Farlow and Larissa Boeck, students at Iowa State University, said they got to the county recorder's office at 5 a.m., then sat in lawn chairs and ate snacks until the office opened at 7:30 a.m. They got their application in but didn't get their license.
"This might be our only chance," Farlow said. "We already knew we were spending the rest of our lives together."
Hanson granted the stay after Sarcone filed a motion saying his ruling should be put on hold because lifting the ban was far reaching and would likely be overturned by the Iowa Supreme Court.
Hanson wrote that Sarcone's arguments "do indeed constitute good cause for the issuance of the requested stay."
Plaintiff's attorney Dennis Johnson had argued that the county's appeal probably would not succeed and disputed its contention that a reversal would throw any licenses issued into legal doubt.
He said a marriage license is valid until one or both of the spouses seek to have it dissolved or one dies, "regardless of changes in the law that may occur after the couple marries."
The Iowa Supreme Court can refer the case to the Iowa Court of Appeals, consider the matter itself or decide not to hear the case.The flurry of activity in the courts prompted a quick response from some lawmakers. House Republican leader Christopher Rants called on Democrats, who hold a majority of seats in the Legislature, to respond.
"The Democrats should call a special session immediately to take up such issues and to introduce a marriage amendment for Iowa's constitution," he said in a statement. "House Democrats need to start leading or get out of the way."
Language defining marriage as being between a man and a woman has been written into the constitutions of 27 states, according the National Conference of State Legislatures. Most other states have laws to the same effect; Iowa's was approved overwhelmingly by the Legislature in 1998.
Gov. Chet Culver on Thursday issued a statement stating his opposition to gay marriage and said he would wait for the court process to play out before considering any push for legislative action.
"While some Iowans may disagree on this issue, I personally believe marriage is between a man and a woman," Culver said.
Gay marriage is legal in Massachusetts, and nine other states have approved spousal rights in some form for same-sex couples.
I couldn't care less what people do with each other, but the unbelievable hypocrisy really amazes. I'm probably a lot more socially liberal than many FReepers, but come on--a man and a man marrying?
I recall how people bashed Anita Bryant when she said this would happen.
“DES MOINES, Iowa - Same-sex marriage was legal here for less than 24 hours before the county won a stay of a judge’s order on Friday, a tiny window of opportunity that allowed two men to make history but left dozens of other couples disappointed after a frantic rush to the altar. “
I give it a year before they split up.
“That judge presided over my divorce.”
Wonder if he has a bone to pick with the concept of marriage... ;)
Next up,
arbitrary numbers,
followed by
human/animal
and eventually
humans/robots or rubber dollies.
Once you destroy original intent of the word, it's open to be modified in any manner using the same twisted logic (if any can be found) used to destroy it the first time.
I had a libertarian tell me that polygamy and group marriage should be legal because we shouldn’t impose our idea of marriage on anyone else. (roll eyes)
If a few of these tyrants were booted, there would be far less nonsense from the bench.
Eggcellent! I don’t think I would want a marriage license for that, but wouldn’t mind having the title. LOL!
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