Same-sex couples head to court
By Charlotte Eby, Journal Des Moines Bureau | Posted: Saturday, December 06, 2008
DES MOINES -- Gay rights advocates who want same-sex couples to have the right to marry in Iowa are gearing up for their day in court on Tuesday.
That's when the Iowa Supreme Court will hear arguments in the case of six couples who believe they were discriminated against when they were denied Iowa marriage licenses.
The case comes on the heels of successful ballot measures to ban gay marriage approved last month in California, Arizona and Florida.
Now the spotlight shifts to Iowa, home to the latest court challenge of a state ban on same-sex marriage.
Supporters hope Iowa courts, which have had a long history of being ahead of the curve on civil rights issues, will pave the way to allow marriage of same-sex couples in Iowa.
Opponents who see it as a threat to traditional marriage are using the case as evidence Iowa should amend its constitution to prohibit marriage between same-sex couples.
With the stakes so high and interest in the case growing, court officials have taken additional steps to accommodate large numbers of media at Tuesday's hearing and warn that courtroom seating will be limited.
Jason Morgan of Sioux City, one of the plaintiffs in the case, is excited the case finally will be heard.
"I just basically want to marry the person I love, but I know in the broader context it could be historic," Morgan said.
Morgan and his partner, Chuck Swaggerty, have been together 11 years.
The couple has adopted two boys: Ta'John who will turn 4 later this month, and 2-year-old Reed.
Morgan said it's more difficult for gay people to adopt children, noting the certain legal rights married couples enjoy that he and his partner don't.
"We're good neighbors. We're responsible citizens; we pay our taxes, obey the same laws. It doesn't seem fair that we don't get the same rights, as say, our neighbors or brothers and sisters or our parents," Morgan said.
As a private person, Morgan said it's difficult sometimes to be a part of a high-profile case but at the same time, he is glad.
"I'm proud of the fact that Chuck and I are a part of this lawsuit, and I'm proud to be able to, when my children get older, explain to them that we stood up for what we believed in. We stood up for our family," Morgan said.
Camilla Taylor is a senior staff attorney with Lambda Legal, a national gay rights organization that is handling the case on behalf of the plaintiffs.
They are challenging a state law passed a decade ago that mandates that marriage can only be between a man and a woman and that the state does not recognize marriages of same-sex couples performed elsewhere.
Taylor notes Iowa has been ahead of the rest of the country in ensuring civil rights for African Americans and women. She's hopeful Iowa will help lead the way in granting this right for gays and lesbians as well.
"It will be an important statement if Iowa, in the middle of the country, issues a ruling that lives up to the promise of equality in the Iowa Constitution," Taylor said. "It will send a strong message about the inevitability of equality nationwide, and it will once again be Iowa taking its place in the forefront of a fresh civil rights battle n the civil rights issue of our generation."
Taylor said they have been inspired by support for the plaintiffs in the case, noting faith leaders from around Iowa have filed a legal brief supporting them.
Taylor said same-sex couples live in all of Iowa's 99 counties, with 40 percent of them raising children.
But opponents of allowing same-sex couples to marry believe public opinion is on their side.
State Rep. Dwayne Alons, a Republican from Hull who has been an opponent of gay rights initiatives in the Iowa Legislature, points to the passage of an amendment to ban gay marriage in California.
"For the most part, a good majority of people view marriage as sacred between one man and one woman and that should be maintained. So I hope they take that into consideration in the Supreme Court ruling," Alons said.
He feels Iowa voters should have the ultimate say and said that's why he believes an amendment to Iowa's Constitution banning gay marriage is important.
Such measures have stalled in the past, failing to gain approval in the Iowa Legislature, a necessary step in the process before it can be placed on the ballot.
Bryan English, public relations director for the Iowa Family Policy Center, said the state's law defining marriage as a being between a man and a woman should be maintained.
"It's very simple, and it's been that way from day one. It's settled," English said.
English rejects the idea that the struggle for gays and lesbians to marry is similar to the civil rights fights of the 1960s, arguing they are drastically different.
"There aren't separate drinking fountains for people who are homosexuals," he said.
Background of Varnum v. Brien before the Iowa Supreme Court
Who is involved -- Six same-sex couples who were denied marriage licenses and their children are challenging Iowa's law defining marriage as a union between a man and woman. Former Polk County recorder Timothy Brien is listed as the defendant.
The case so far -- A Polk County District Court judge ruled in August 2007 that Iowa's law is unconstitutional, prompting a rush to obtain marriage licenses before the district court ruling was put on hold. The case is on now on appeal before Iowa's highest court.
Across the country -- Voters last month in California, Arizona and Florida approved bans on same-sex marriage in those states.
That's when the Iowa Supreme Court will hear arguments in the case of six couples who believe they were discriminated against when they were denied Iowa marriage licenses.
The case comes on the heels of successful ballot measures to ban gay marriage approved last month in California, Arizona and Florida.
Now the spotlight shifts to Iowa, home to the latest court challenge of a state ban on same-sex marriage.
Supporters hope Iowa courts, which have had a long history of being ahead of the curve on civil rights issues, will pave the way to allow marriage of same-sex couples in Iowa.
Opponents who see it as a threat to traditional marriage are using the case as evidence Iowa should amend its constitution to prohibit marriage between same-sex couples.
With the stakes so high and interest in the case growing, court officials have taken additional steps to accommodate large numbers of media at Tuesday's hearing and warn that courtroom seating will be limited.
Jason Morgan of Sioux City, one of the plaintiffs in the case, is excited the case finally will be heard.
"I just basically want to marry the person I love, but I know in the broader context it could be historic," Morgan said.
Morgan and his partner, Chuck Swaggerty, have been together 11 years.
The couple has adopted two boys: Ta'John who will turn 4 later this month, and 2-year-old Reed.
Morgan said it's more difficult for gay people to adopt children, noting the certain legal rights married couples enjoy that he and his partner don't.
"We're good neighbors. We're responsible citizens; we pay our taxes, obey the same laws. It doesn't seem fair that we don't get the same rights, as say, our neighbors or brothers and sisters or our parents," Morgan said.
As a private person, Morgan said it's difficult sometimes to be a part of a high-profile case but at the same time, he is glad.
"I'm proud of the fact that Chuck and I are a part of this lawsuit, and I'm proud to be able to, when my children get older, explain to them that we stood up for what we believed in. We stood up for our family," Morgan said.
Camilla Taylor is a senior staff attorney with Lambda Legal, a national gay rights organization that is handling the case on behalf of the plaintiffs.
They are challenging a state law passed a decade ago that mandates that marriage can only be between a man and a woman and that the state does not recognize marriages of same-sex couples performed elsewhere.
Taylor notes Iowa has been ahead of the rest of the country in ensuring civil rights for African Americans and women. She's hopeful Iowa will help lead the way in granting this right for gays and lesbians as well.
"It will be an important statement if Iowa, in the middle of the country, issues a ruling that lives up to the promise of equality in the Iowa Constitution," Taylor said. "It will send a strong message about the inevitability of equality nationwide, and it will once again be Iowa taking its place in the forefront of a fresh civil rights battle n the civil rights issue of our generation."
Taylor said they have been inspired by support for the plaintiffs in the case, noting faith leaders from around Iowa have filed a legal brief supporting them.
Taylor said same-sex couples live in all of Iowa's 99 counties, with 40 percent of them raising children.
But opponents of allowing same-sex couples to marry believe public opinion is on their side.
State Rep. Dwayne Alons, a Republican from Hull who has been an opponent of gay rights initiatives in the Iowa Legislature, points to the passage of an amendment to ban gay marriage in California.
"For the most part, a good majority of people view marriage as sacred between one man and one woman and that should be maintained. So I hope they take that into consideration in the Supreme Court ruling," Alons said.
He feels Iowa voters should have the ultimate say and said that's why he believes an amendment to Iowa's Constitution banning gay marriage is important.
Such measures have stalled in the past, failing to gain approval in the Iowa Legislature, a necessary step in the process before it can be placed on the ballot.
Bryan English, public relations director for the Iowa Family Policy Center, said the state's law defining marriage as a being between a man and a woman should be maintained.
"It's very simple, and it's been that way from day one. It's settled," English said.
English rejects the idea that the struggle for gays and lesbians to marry is similar to the civil rights fights of the 1960s, arguing they are drastically different.
"There aren't separate drinking fountains for people who are homosexuals," he said.
Background of Varnum v. Brien before the Iowa Supreme Court
Who is involved -- Six same-sex couples who were denied marriage licenses and their children are challenging Iowa's law defining marriage as a union between a man and woman. Former Polk County recorder Timothy Brien is listed as the defendant.
The case so far -- A Polk County District Court judge ruled in August 2007 that Iowa's law is unconstitutional, prompting a rush to obtain marriage licenses before the district court ruling was put on hold. The case is on now on appeal before Iowa's highest court.
Across the country -- Voters last month in California, Arizona and Florida approved bans on same-sex marriage in those states.
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Tim wrote on Dec 7, 2008 5:50 AM:
Give them the strength & support to weather this storm.
Amen "
jewel wrote on Dec 6, 2008 8:31 PM:
JM wrote on Dec 6, 2008 8:31 PM:
Native Iowan wrote on Dec 6, 2008 6:26 PM:
wicked wrote on Dec 6, 2008 4:01 PM:
who are you to judge what is right and what is wrong? are you god? i don't think so. so what if gays want to marry does it affect your life in anyway. "