17 briefs back gay marriage in Iowa
Olivia Moran - The Daily Iowan
Issue date: 4/1/08 Section: Metro
UI faculty members are among a large number of Iowa-based individuals and organizations who will file at least 17 briefs this week with the Iowa Supreme Court on behalf of six same-sex couples seeking marriage in Iowa.
Attorneys with the New York-based organization Lambda Legal - which supports the civil rights of lesbians, gays, bisexuals, and transgender people - opened the case in Polk County and are expecting a response by the end of May.
Lambda Legal originally filed a lawsuit with the 5th District Court in December 2005. On Aug. 30, 2007, District Court Judge Robert Hanson ruled that Iowa's Defense of Marriage Act, which doesn't recognize same-sex marriage, is unconstitutional.
Since then, Hanson has issued a stay on the ruling. On Jan. 28, Alliance Defense Fund attorneys filed a friend-of-the-court brief with the Iowa Supreme Court, claiming Hanson was wrong and out of his jurisdiction in his decision to put the ruling on hold.
"It's ludicrous to suggest that he doesn't have the authority to rule," said Camilla Taylor, a Lambda Legal attorney handling the case.
Taylor said the organization is asking the court to exercise its "constitutionally mandated role" and consider the claims brought by the six couples.
In a case statement, Taylor, Lambda Legal attorney Kenneth Upton, and Dennis Johnson of the Dorsey and Whitney law firm in Des Moines wrote that all six same-sex couples in "loving, long-term relationships" were once denied a marriage license by Polk County. The couples come from Cedar Rapids, Iowa City, Urbandale, Sioux City, Decorah, and Council Bluffs.
Dianne McBrien, a clinical associate professor of medical services at the UI and expert witness in the case, said excluding same-sex couples from legal marriage is not only discriminatory to the couple, but to their children as well.
McBrien said children of a same-sex couple are more limited in health-care options and have less-involved parents during emergency situations due to legal issues.
"Having society legally recognize their parents' relationship is likely to be beneficial to these kids," she said.
Kevin Mumford, a UI associate professor of history, said in a press release that providing same-sex couples with access to marriage "will be another proud moment in Iowa history," and UI law Professor Angela Onwuachi Willig said Iowa has "long been a leader in protecting rights and extending equality."
Taylor said she thinks the majority of the state's residents will eventually support same-sex marriage, although total approval will take some time.
"It will take advocacy on many different levels," she said. "[But] with or without this case, we see huge advances as far as acceptance."
E-mail DI reporter Olivia Moran at:
olivia-moran@uiowa.edu
Attorneys with the New York-based organization Lambda Legal - which supports the civil rights of lesbians, gays, bisexuals, and transgender people - opened the case in Polk County and are expecting a response by the end of May.
Lambda Legal originally filed a lawsuit with the 5th District Court in December 2005. On Aug. 30, 2007, District Court Judge Robert Hanson ruled that Iowa's Defense of Marriage Act, which doesn't recognize same-sex marriage, is unconstitutional.
Since then, Hanson has issued a stay on the ruling. On Jan. 28, Alliance Defense Fund attorneys filed a friend-of-the-court brief with the Iowa Supreme Court, claiming Hanson was wrong and out of his jurisdiction in his decision to put the ruling on hold.
"It's ludicrous to suggest that he doesn't have the authority to rule," said Camilla Taylor, a Lambda Legal attorney handling the case.
Taylor said the organization is asking the court to exercise its "constitutionally mandated role" and consider the claims brought by the six couples.
In a case statement, Taylor, Lambda Legal attorney Kenneth Upton, and Dennis Johnson of the Dorsey and Whitney law firm in Des Moines wrote that all six same-sex couples in "loving, long-term relationships" were once denied a marriage license by Polk County. The couples come from Cedar Rapids, Iowa City, Urbandale, Sioux City, Decorah, and Council Bluffs.
Dianne McBrien, a clinical associate professor of medical services at the UI and expert witness in the case, said excluding same-sex couples from legal marriage is not only discriminatory to the couple, but to their children as well.
McBrien said children of a same-sex couple are more limited in health-care options and have less-involved parents during emergency situations due to legal issues.
"Having society legally recognize their parents' relationship is likely to be beneficial to these kids," she said.
Kevin Mumford, a UI associate professor of history, said in a press release that providing same-sex couples with access to marriage "will be another proud moment in Iowa history," and UI law Professor Angela Onwuachi Willig said Iowa has "long been a leader in protecting rights and extending equality."
Taylor said she thinks the majority of the state's residents will eventually support same-sex marriage, although total approval will take some time.
"It will take advocacy on many different levels," she said. "[But] with or without this case, we see huge advances as far as acceptance."
E-mail DI reporter Olivia Moran at:
olivia-moran@uiowa.edu
Viewing Comments 1 - 5 of 7
Steve Wieland
posted 4/01/08 @ 11:28 AM CST
I hope the Iowa Supreme Court holds off until after the 2008 elections--this issue gets people really upset and drives them to the polls to vote for the right-wing extremists who passed the same-sex marriage ban in the first place. (Continued…)
DanaRose Crystal
posted 4/01/08 @ 1:47 PM CST
No one should be prevented from being able to marry.
I am a straight member of Lambda Society of Fullerton College, and support gay rights
Yay Lambda Legal!
ceseeley
posted 4/01/08 @ 2:42 PM CST
This is a debate that has always grabbed my attention. The Bible speaks very vehemently about this life style in the Old and New Testament. Biblically speaking, this lifestyle will keep one out of Heaven. (Continued…)
Charlotte
posted 4/02/08 @ 10:27 AM CST
Marriage is a basic civil right that should be attainable by all Americans if they choose. For the truth about gay marriage check out our trailer. Produced to educate & defuse the controversy it has a way of opening closed minds & provides some sanity on the issue: www. (Continued…)
John Bisceglia
posted 4/09/08 @ 9:12 PM CST
This American will be unable to pay any taxes whatsoever until I am granted EQUAL marriage rights. If you are NOT going to treat me as an EQUAL citizen, then don't expect me to pay a dime in taxes. (Continued…)
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