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Polk(county, Iowa) judge rules against gay marriage ban [orders gay marriages]
Des Moines Register ^ | 08/30/2007 | AP

Posted on 08/30/2007 1:39:12 PM PDT by iowamark

http://www.dmregister.com/apps/pbcs.dll/article?AID=/20070830/NEWS/70830044/1001&lead=1


TOPICS: Government; News/Current Events; US: Iowa
KEYWORDS: homosexualagenda; romneylegacy; ruling
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Iowa Judge orders gay marriages.
1 posted on 08/30/2007 1:39:14 PM PDT by iowamark
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To: iowamark

I bet he receives a letter from Howard Dean telling him to shut up until after the election.


2 posted on 08/30/2007 1:40:49 PM PDT by Brilliant
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To: iowamark

Talking about making the primaries really explosive.


3 posted on 08/30/2007 1:42:37 PM PDT by Kuksool (RATS occupy Red States due free passes by conservatives)
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To: iowamark
Chicago Tribune: Judge strikes down Iowa's same-sex marriage law
4 posted on 08/30/2007 1:44:39 PM PDT by iowamark
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To: iowamark

that’s ghey


5 posted on 08/30/2007 1:44:52 PM PDT by Zeppelin (Keep on FReepin' on...)
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To: iowamark
I lived in Lamoni and all I can say is WOW, who would have ever thought Iowa would be the second state to legalize gay marriage.
6 posted on 08/30/2007 1:47:05 PM PDT by tobyhill (The media lies so much the truth is the exception)
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To: iowamark
So Iowa doesn't have an amendment, just a law? So much for the lame argument made in my state that we had a law and didn't need an amendment. Well, now we have an amendment. It hasn't done all the good it should have, but it is a better defense than most states have in place.

Just wait till the states that won their amendments protecting only the word "marriage" discover they've got nothing.

7 posted on 08/30/2007 1:48:19 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: iowamark

Iowa?

I hope this brings the California bashing to an end. At least we’ve managed to fight this beast off a few times.


8 posted on 08/30/2007 1:49:52 PM PDT by Canticle_of_Deborah (Catholic4Mitt)
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To: Kuksool
Spreading the news to the blog world.
9 posted on 08/30/2007 1:49:56 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: iowamark
The idiots in Iowa failed to amend the state Constitution to prevent a liberal judge from defenestrating marriage. Here in Colorado, we amended our Constitution last year make sure judicial monkey business of that kind can't ever jeopardize marriage here.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

10 posted on 08/30/2007 1:50:34 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: tobyhill
There will certainly be an appeal. However, I am sure there will be homosexual marriages today and tomorrow before that happens.
11 posted on 08/30/2007 1:51:32 PM PDT by iowamark
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To: iowamark

Judge strikes down Iowa’s same-sex marriage law
By DAVID PITT | Associated Press Writer

August 30, 2007

DES MOINES, Iowa - A Polk County judge on Thursday struck down Iowa’s law banning gay marriage.

The ruling by Judge Robert Hanson concluded that the state’s prohibition on same-sex marriage is unconstitutional and he ordered Polk County Recorder Tim Brien to issue marriage licenses to several gay couples.

“It’s a moral victory for equal rights,” said Des Moines lawyer Dennis Johnson, who represented six gay couples who filed suit after they were denied marriage licenses.

Camilla Taylor, an attorney with Lambda Legal, a New York-based gay rights organization, said the ruling requires “full equality for all Iowans including gay and lesbian Iowans and their families.”

“The Iowa Constitution has lived up to its promises of equality for everyone,” she said.

The county is expected to appeal the ruling to the Iowa Supreme Court.

Johnson argued that Iowa has a long history of aggressively protecting civil rights in cases of race and gender. He said the Defense of Marriage Act, which the Legislature passed in 1998, contradicts previous court rulings regarding civil rights and should be struck down.

He said some of the case history in Iowa suggests that marriage is a fundamental right and as such, the state can’t choose who people can or cannot marry.

Johnson said the Defense of Marriage law is “mean spirited” and was designed only to prohibit gays from marrying. He said it violates the state constitution’s equal protection and due-process clauses.

Lambda Legal, which spearheaded a same-sex marriage drive across the country, filed the lawsuit on behalf of the gay and lesbian couples in Polk County District Court on Dec. 13, 2005.

Roger J. Kuhle, an assistant Polk County attorney, argued that the issue is not for a judge to decide.

Rachel Cunningham, a spokeswoman for the conservative Iowa Family Policy Center, which opposes gay marriage, said the decision will be appealed.

“We’re very disappointed and will pursue to the next level of courts,” she said.

In his ruling, Hanson said 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.

The judge said 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...”

State Sen. Ron Wieck, R-Sioux, said he was surprised by the ruling and promised the Legislature would take another look at the issue.

“We’ll look at something we can do legislatively,” Wieck said.


12 posted on 08/30/2007 1:52:18 PM PDT by EternalVigilance (States' rights don't trump God-given, unalienable rights...support the Reagan pro-life platform)
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To: The Ghost of FReepers Past
Yeah - that's what they argued. Its also more ammo for a federal constitutional amendment to protect marriage.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

13 posted on 08/30/2007 1:53:04 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: iowamark

So Massachusetts will recognize marriages from Iowa now (assuming the ruling changes anything).


14 posted on 08/30/2007 1:53:57 PM PDT by DBrow
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To: The Ghost of FReepers Past

The Democrats in Mass. earlier this year voted down a marriage amendment vote, to keep the people from voting on it. The national Democrat party including Nancy Pelosi, were involved with that. They didn’t want a gay marriage vote happening in ‘08 to distract people during the election cycle.

Well, here we see Iowa has continued the cycle of courts ordering same-sex marriage. California’s Supreme Court is expected to rule early next year on the subject. Maryland also has a case pending before its highest court.

Well, Dems. have to be disappointed that this subject will be discussed in ‘08.

Yes it was a lame argument that a state doesn’t need a const. amendment because the law was there. Judges now are overturning laws that specify marriage is 1 man 1 woman.
In Mass. the law didn’t say marriage was 1 man 1 woman, so techinically that court had some wiggle room to order homosexual marriage.

It’s just a matter of time till the Federal Defense of Marriage Act is challenged. President Hillary will appoint liberal judges who are itching to overturn that law.


15 posted on 08/30/2007 1:54:16 PM PDT by Dilbert San Diego
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To: iowamark

A COUNTY judge has this authority?


16 posted on 08/30/2007 1:54:49 PM PDT by digger48
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To: iowamark

I want to marry the pair of socks I wore yesterday! No wait, I really love this new flashlight of mine. And hey, my cousin’s looking pretty good these days... why not her? Or my favorite goat? How about the Dallas Cowboy’s entire cheerleading squad? Yeah, that’s the ticket! I’ll marry ‘em!


17 posted on 08/30/2007 1:55:32 PM PDT by MarineBrat (My wife and I took an AIDS vaccination that the Church offers.)
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To: EternalVigilance
State Sen. Ron Wieck, R-Sioux, said he was surprised by the ruling...

Then Mr. Wieck hasn't been paying attention. This is what the tyrants in the black robes do. He should have been preparing for this inevitability since the law was passed.

18 posted on 08/30/2007 1:56:16 PM PDT by WhistlingPastTheGraveyard
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To: iowamark

The judicial supremacists will be out in force now to tell us how we all have to do whatever this penny-ante, county-level, black-robed oligarch says we have to do, ala Mitt Romney in Massachusetts and Jeb Bush in Florida.

When will the American people fight back?


19 posted on 08/30/2007 1:56:21 PM PDT by EternalVigilance (States' rights don't trump God-given, unalienable rights...support the Reagan pro-life platform)
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To: The Ghost of FReepers Past
Just wait till the states that won their amendments protecting only the word "marriage" discover they've got nothing.

Rewrite the dictionary and you don't even have to rewrite the law books, eh?
20 posted on 08/30/2007 1:56:27 PM PDT by kc8ukw
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