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Newlyweds Sean Fritz (left) and Tim McQuillan exchange vows in Polk County, Iowa on Aug. 31. (Photo by AP)
Iowa briefly permits gay marriages
One couple weds before court halts ceremonies

By JOSHUA LYNSEN
SEP. 7, 2007
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JOSHUA LYNSEN

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Other pending marriage rulings
Court decisions are awaited in three other cases seeking marriage equality for same-sex couples.


California
What’s pending: Six cases at the state’s high court

What’s happened: After officials in San Francisco decide in February 2004 that withholding marriage licenses from same-sex couples violates the state constitution, they license and marry about 4,000 such couples. The state’s high court intervenes, ordering the licensing to stop while courts review the matter. Six cases are filed and gathered into one judicial proceeding. A trial court rules in March 2005 that same-sex couples must be allowed to marry.
An appeals court reverses that decision in October 2006. A decision is pending at the state’s high court.


Connecticut
What’s pending: Kerrigan v. State of Connecticut

What’s happened: Several same-sex couples are denied marriage licenses and file their case in August 2004. Soon thereafter, state lawmakers pass a law enacting civil unions. In a ruling against the couples in July 2006, the trial court judge says the couples are guaranteed “equal protection,” not “equivalent nomenclature.” The case is appealed directly to the state’s highest court. New arguments are made casting civil unions as an inadequate remedy. A decision is pending at the state’s high court.


Maryland
What’s pending: Conaway v. Deane

What’s happened: A group of gay and lesbian couples, along with a gay widower, sue in 2004 after they are denied marriage licenses. A trial court judge rules in January 2006 that excluding same-sex couples from marriage discriminates on the basis of sex. The state appeals the ruling to Maryland’s highest court. The Maryland Court of Appeals hears arguments in December 2006. The court’s seven judges appear divided in court on the issue and experts deem the outcome difficult to predict. A decision is pending at the state’s high court.

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For two days last week, things got pretty hectic for Sean Fritz and Tim McQuillan.

In less than 24 hours, the two Iowa State students got engaged, secured their marriage license and found a pastor to officiate at Iowa’s first gay wedding.

But even at that hurried pace, Fritz, 24, and McQuillan, 21, almost missed their opportunity. They were married shortly before a judge suspended his decision that Iowa must allow same-sex marriage.

“The ceremony was rushed because of obvious reasons,” Fritz told the Blade. “We exchanged rings and signed the legal documents.”

No other couples made it. Fritz and McQuillan, who met on Facebook and have known each other for one year, were the only gay couple to wed before local officials put a stop to the process.

Fritz said he was relieved that he and McQuillan achieved the goal they pursued in such haste.

“We both felt the time was right in our relationship to get married,” Fritz said. “We are committed to sharing the rest of our lives together and love each other deeply.”

It’s unclear, though, when or if other gay couples will be allowed to marry in Iowa.

The decision by Polk County Judge Robert Hanson to suspend his ruling ensures no more marriage licenses will be issued to same-sex couples until the Iowa Supreme Court reviews the case that triggered his decision.

Hanson ruled Aug. 30 that Iowa’s 1998 Defense of Marriage Act, which allowed marriage only between a man and a woman, violated the constitutional rights of due process and equal protection of six gay couples who had sued.

If the high court backs Hanson’s ruling, that would clear the way for gay marriage across the state. But a move to overturn his ruling could preclude any further weddings and call the union of Fritz and McQuillan into question.

David Buckel, director of Lambda Legal’s marriage project, said no timetable has been set for the case’s review, but he’s hopeful the decision will stand.

“It shows the law means something,” he said. “It was a day when we didn’t see the gay exception to the law.”

Reactions to Hanson’s ruling and its repercussions were strong and mixed.

Human Rights Campaign, National Gay & Lesbian Task Force and other gay groups were quick to praise the decision.

“We recognize that this ruling simply validates the freedom that all Americans should enjoy to marry, commit to responsibility, secure their families and seek full participation in citizenship,” said Steve Driscoll, co-chair of National Stonewall Democrats.

Gay marriage is legal in Massachusetts, and nine other states have approved spousal rights in some form for same-sex couples. Nearly all states define marriage as being solely between a man and a woman, and 27 states have such definitions in their constitutions.

But not all supported the decision. Republican presidential candidate Mitt Romney, who faced the issue as governor of Massachusetts, criticized the ruling.

“The ruling in Iowa today is another example of an activist court and unelected judges trying to define marriage and disregard the will of the people as expressed through Iowa’s Defense of Marriage Act,” he said. “This once again highlights the need for a Federal Marriage Amendment to protect the traditional definition of marriage as between one man and one woman.”

Meanwhile, the Iowa Family Policy Center launched a petition that calls on state legislators to constitutionally define marriage as the exclusive domain of opposite-sex couples.

“The fact that one district judge usurped the authority of the legislature and the will of Iowans to make law from the bench is outrageous,” said Chuck Hurley, the organization’s president.

Gay activists in Iowa, however, said Hurley’s petition could net an underwhelming response.

Jessica Brackett, a lesbian and director of One Iowa’s marriage initiative, said most Iowans support Hanson’s decision.

“I think that the majority of Iowans believe that same-sex couples should be treated equally under the law,” she said. “I believe this ruling to be an example of Iowa values, plain and simple.”

Brackett said although it has been suspended and appealed, last week’s ruling was a crucial step toward full equality for gays not only in Iowa but elsewhere.

“I believe this is a very historic day in Iowa and in the country,” she said. “I think because we are a Midwestern state, this will show the rest of the country that ...

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