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Polk County Files Response in Same Sex Marriage Case

By Becky Ogann

Story Created: Apr 17, 2008 at 3:38 PM CST

Story Updated: Apr 17, 2008 at 3:38 PM CST

DES MOINES (AP) - The Polk County attorney's office has filed a response to legal documents that oppose Iowa's ban on same-sex marriage.

The county attorney was responding to a "friend of the court" brief filed by gay and lesbian groups as well as lawmakers from Massachusetts.

The brief was filed in support of New York-based Lambda Legal.

The organization filed a 2005 lawsuit that resulted in a Polk County ruling that Iowa's gay marriage ban was unconstitutional.

The lawsuit names former Polk County recorder and registrar Timothy Brien.

The Polk County attorney's office says the brief is based on news accounts after a decision in a Massachusetts gay marriage case. The attorney's office says it's less of a legal brief and more hearsay and anecdotal remarks.

Camilla Taylor is Lambda Legal's lead attorney on the Iowa case.

She says the brief is relevant because it shows that gay couples have been marrying in Massachusetts for four years and -- quote -- "the sky hasn't fallen."

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