Via The Associated Press:
Group to file arguments in same-sex marriage case
By AMY LORENTZEN
Associated Press Writer
DES MOINES, Iowa (AP) -- A gay rights organization will file legal arguments on Friday in a case that will decide whether the state's ban on same-sex marriage is legal.
New York-based Lambda Legal, which has spearheaded a same-sex marriage drive across the country, planned to file the arguments in a lawsuit on behalf of six gay and lesbian couples who were denied marriage licenses.
An initial lawsuit was filed in Polk County District Court in 2005, naming former Polk County recorder and registrar Timothy Brien.
That suit prompted a ruling last August by Judge Robert Hanson, who said the state law allowing marriage only between a man and a woman violates the constitutional rights of due process and equal protection.
The judge said the state law banning same-sex marriage must be nullified, severed and stricken from the books and that the state's marriage laws must be rewritten to become gender neutral.
A day later, Hanson stayed the decision, but only after more than 20 same-sex marriage applications had been accepted and one couple, Sean Fritz and Tim McQuillan of Ames, were married. They had obtained a judge's waiver of Iowa's three-day waiting period for marriage licenses.
Critics said the ban, approved by lawmakers in 1998 and known as the Defense of Marriage Act, contradicts previous court rulings regarding civil rights and should be struck down. Its supporters said marriage should be defined as between a man and a woman only.
Roger J. Kuhle, an assistant Polk County attorney, told The Associated Press by telephone on Thursday that he would not be able to see the arguments filed by Lambda Legal until after the weekend. He has said in the past that the issue should not be for a judge to decide, but should be left to lawmakers.
At least 16 "friend of the court" briefs were expected to be filed by Friday's deadline in support of the gay and lesbian couples' lawsuit, according to a news release from Lambda Legal.
Among those briefs was one signed by former Iowa lieutenant governors Sally Pederson and Joy Corning. The women released a statement on Friday saying that they believe the courts, not lawmakers, should decide the issue.
"We signed our names to a brief submitted to the court because we believe that the court is the proper place to decide this matter," the statement said. "We have a keen understanding of the different roles the courts and Legislature play in leading our state and treating all Iowans with fairness."
The gay couple that was married in Iowa, Fritz and McQuillan, issued a statement about the "friend of the court" briefs filed in support of the lawsuit. They are not among the plaintiffs in the case.
"We are humbled by the amount of support that our fellow Iowans are lending to the case. They reflect the views of many Iowans, including those of our families, our friends, and our community," they said in the statement.
Lambda Legal said nine "friend of the court" briefs were filed on behalf of Brien. The deadline for those was earlier this year.