Iowa Supreme Court Considers Same Sex Marriage Debate
By Dave Franzman, Reporter
The Iowa Supreme Court listens to oral arguments by Roger Kuhle, an assistant Polk County attorney, left, in the Varnum v. Brien case, Tuesday, Dec. 9, 2008, in Des Moines, Iowa. The gay marriage debate continued Tuesday as the Iowa Supreme Court heard arguments in a challenge to the state's same-sex marriage ban. (AP Photo/Pool, John Gaps III)
By
Becky Ogann
Story Created:
Dec 9, 2008 at 12:32 PM CST
Story Updated:
Dec 9, 2008 at 5:32 PM CST
DES MOINES- A gay marriage debate with national implications played out on Tuesday in front of the Iowa Supreme Court. And three same sex couples from Eastern Iowa were at the center of a historic argument.
Six same sex couples in all were part of a suit filed in 2005. They had attempted to get marriage licenses from the Polk County Recorders office. A judge in Des Moines ruled in favor of the same sex couples last year, but suspended his decision until the Iowa Supreme Court could decide.
The arguments heard Tuesday will make up a big part of the decision making process.
The couples, back by national gay and lesbian groups, argued Iowa's law limiting marriage to only a man and a woman violated constitutional rights. An attorney representing Polk County countered that judges should leave such political decisions to state lawmakers.
Assistant Polk County Attorney Roger Kuhle said "one could easily argue, and we do, that the state by fostering same sex marriage will harm the institution of marriage as we know it."
During his presentation, Dennis Johnson, attorney for the same sex couples, said "we're not suggesting a new institution. We're just asking that everybody be able to participate equally in the institution that's existed since the beginning of this state."
Supreme Court justices let the arguments run on much longer than planned. One attorney said later that was one sign of the significance of the case. A ruling is not expected for several months.
Later, several of the couples spoke about the experience. Trish Varnum of Cedar Rapids said "marriage is a universally understood and accepted term for what our lives are and it's the only word that encompasses what (my partner) Kate and I mean to each other."
Sean Fritz and Tim McQuillan of Ames are the only same sex couple to legally get a marriage license in Iowa. They did so in August of 2007 during the brief time a judge over turned the law and before he stayed his ruling. The two celebrated a first anniversary last summer and were in attendance at the Supreme Court hearing Tuesday to support other same sex couples.
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