Sunday, September 2, 2007

Iowa’s gay marriage ban ruled unconstitutional


Less than two hours after a judge struck down Iowa’s decade-old gay marriage ban, two Des Moines men applied for a marriage license as bride and groom, and county officials said they expected to see more same-sex couples doing the same today.

Polk County Judge Robert Hanson cleared the way for the two men on Thursday when he ruled that a state law allowing marriage only between a man and woman violated the constitutional rights of due process and equal protection.

The judge ordered local officials to process marriage licenses for the six gay couples who sued. With the ruling, gay couples across the state can now apply for a marriage license in the central-Iowa county.


County attorney John Sarcone said the county would appeal to the state Supreme Court, and he immediately sought a stay from Hanson that would prevent gay couples from seeking a marriage license until the appeal is resolved.


A hearing on the stay motion is likely next week, said Camilla Taylor, an attorney with Lambda Legal, a New York-based gay rights organization.

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