Aug 31 2007
One shining moment
For a brief period of time, equal rights existed in the state of Iowa…
1 Gay Marriage, Then Judge Stays Ruling
DES MOINES, Iowa (AP) - 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.
The Republicans, of course, immediately seized on the opportunity to get their rabid base all riled up…
Mitt Romney was the first to seize on the ruling, promptly aligning himself with Iowa political leaders in denouncing the decision.
The former Massachusetts governor’s swift criticism served to bolster the conservative image his campaign has been working hard to promote to Iowa’s Republican voters. Romney stressed his support for a federal amendment that would ban same-sex marriage, a stand that distinguishes him from his top rivals, who have said they prefer to leave such decisions to the states.
“The ruling in Iowa … is another example of an activist court and unelected judges trying to redefine marriage and disregard the will of the people as expressed through Iowa’s Defense of Marriage Act,” Romney said in a statement shortly after the ruling was made. “This once again highlights the need for a Federal Marriage Amendment to protect the traditional definition of marriage as between one man and one woman.”…
Republican White House hopeful John McCain called the ruling “a loss for the traditional family.”
“I have always supported the traditional definition of marriage as between one man and one woman,” he said. “The ruling of the court only reinforces my belief that we must have a president who is committed to appointing strict constructionists to the bench.”
Kansas Sen. Sam Brownback, who has worked hard to gain the backing of social conservatives in Iowa, offered a sharp rejection of the judge’s ruling.
“The people of Iowa reject the redefinition of marriage, and I pledge today to defend the bond of marriage, as I have consistently done in the past,” he said in a statement.
Jarrod Agen, a spokesman for Rudy Giuliani, said simply: “Rudy Giuliani believes marriage is between a man and a woman.” Giuliani has supported limited legal recognition for same-sex couples.
Former Sen. Fred Thompson, who will officially enter the presidential race next week, has offered support for a federal amendment that would prevent states without gay marriage laws from having to recognize same-sex marriages from other states.
I’m guessing that Judge Robert Hanson is a shill for the Republican party and ruled as he was ordered to rule by the right wing. I definitely question the timing.
