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 Former Iowa Lt
Govs Support Gay Marriage Case
by 365Gay.com Newscenter Staff
Posted: March 28, 2008 - 1:00 pm ET
(Des Moines, Iowa) Two former Iowa Lieutenant
Governors, one a Republican the other a Democrat, submitted a brief Friday to
the state Supreme Court arguing that the court, not the legislature or voters,
is the place to decide the constitutionality of same-sex marriage.
"We are proud of Iowa's long history in
ensuring fairness and equality for all Iowans," said former Lt. Govs.Joy
Corning (R) and Sally Pederson (D) in a joint statement.
"As former elected officials, we have a deep
respect for the role of the Iowa Supreme Court and the judicial process. 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. 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 amicus, or friend of the court brief, was one
of several submitted Friday to the court on behalf of the six same-sex couples
and their families seeking marriage in Iowa.
Others were submitted by faith leaders and the
National Association of Social Workers.
"As a minister I value marriage and family
and believe that loving couples should have an equal chance to experience the
joy, comfort and responsibility that marriage provides. Couples who seek to care
for one another and their families within the bonds of marriage should be
embraced and celebrated," said the Rev. Paul Schultz, Director of the
Wesley Foundation at the University of Iowa, who was a signatory on the faith
leader amicus brief.
Last August Polk County Judge Robert Hanson
struck down Iowa's 1998 Defense of Marriage Act ruling that it violated the
constitutional rights of due process and equal protection of six gay couples who
had sued.
Later that day he stayed his ruling to allow for
an appeal to the Supreme Court, but not before several dozen couples applied for
marriage licenses.
The marriage license approval process normally
takes three business days, but one couple took advantage of a loophole that
allows couples to skip the waiting period if they pay a $5 fee and get a judge
to sign a waiver.
Sean Fritz and Tim McQuillan became the only
same-sex couple to be married in Iowa. (story)
The state appealed Hanson's ruling to the Iowa
Supreme Court arguing that only the legislature or the people not courts should
decide the issue of same-sex marriage.
The high court is expected to hear legal
arguments in the case late this year.
Republicans have been trying unsuccessfully to
get the Democratically controlled legislature to take up a proposed
constitutional amendment to ban same-sex marriage.
Earlier this month a statewide poll found that
the majority of Iowa voters support restricting marriage to opposite-sex couples
but at the same time were divided on a constitutional amendment to put that in
place, and most believe same-sex couples should have the right to have civil
unions. (story)
The survey, by the Des Moines Register, found
that 62 percent of prospective voters believe marriage should be available only
to opposite-sex pairs. But when asked if the state constitution should be
amended to block same sex marriage 48 percent said yes while 47 percent said
no. Five percent had no opinion.
On the issue of civil unions more than than half
of those who responded said they would support the idea. About 40 percent
were opposed.
©365Gay.com 2008
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