A Polk County judge on Thursday struck down Iowa's law banning gay marriage.That is so fucking cool.
The ruling by Judge Robert Hanson concluded that the state's prohibition on same-sex marriage is unconstitutional and he ordered the Polk County recorder to issue marriage licenses to six gay couples.
"This is kind of the American Dream," said plaintiff Jen BarbouRoske, of Iowa City. "I'm still feeling kind of shaky. It's pure elation, I just cannot believe it."
Des Moines lawyer Dennis Johnson represented the six gay couples who filed suit after they were denied marriage licenses. He … called the Defense of Marriage law "mean spirited" and said it was designed only to prohibit gays from marrying. He said it violates t he state constitution's equal protection and due-process clauses.And the judge agreed, saying that the state law banning same-sex marriage violates the constitutional rights of due process and equal protection, then ordered that it be "must be nullified, severed and stricken from the books" to make way for same-sex civil marriage. Awesomeness.
Naturally, there are already people lining up to piss all over the parade.
Polk County is expected to appeal the ruling to the Iowa S upreme Court. County Attorney John Sarcone said the county would immediately seek a stay from Hanson, which if granted would prevent anyone from seeking a marriage license until an appeal could be heard.Blah blah blah. The fact that it is happening in Iowa should be evidence to every last soul across the land that this is a battle they will lose. Same-sex couples who want and deserve to be married—and share all the rights conferred by marriage—live in every corner of the nation, and it's going to come to Iowa, and Indiana, and Illinois, and everywhere else. And eventually, we're going to win.
…Rachel Cunningham, a spokeswoman for the conservative Iowa Family Policy Center, which opposes gay marriage, said the decision will be appealed. "We're very disappointed and will pursue to the next level of courts," she said.
…State Sen. Ron Wieck, R-Sioux City, said he was surprised by the ruling and promised the Legislature would take another look at the issue. "We'll look at something we can do legislatively," Wieck said.
House Minority Leader Christopher Rants, R-Sioux City, said the judge's ruling only illustrates the need for a state constitutional amendment banning gay marriage. "I can't believe this is happening in Iowa," he said. "I guarantee you there will a vote on this issue come January."
The timing of this decision undoubtedly means that same-sex marriage will probably be an issue during the very big and very important Iowa primary. Could get interesting.
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