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California same-sex marriage ruling reverberates in Iowa

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By Charlotte Eby | Thursday, May 15, 2008 10:35 PM CDT | () comments

DES MOINES — Gay couples in Iowa who have sued for the right to marry celebrated the ruling by California’s high court Thursday overturning a ban on gay marriage in that state.

Iowa’s Supreme Court is considering whether same-sex marriage should be legal after six couples sued for the right to marry.

A Polk County District Court judge ruled in August 2007 that Iowa’s ban on same-sex marriage was unconstitutional. The ruling is on appeal to the Iowa Supreme Court.

Sean Fritz, a Bettendorf native who now lives in Ames, was able to marry his partner before the Polk County judge’s ruling was put on hold. He is hopeful other gay couples will get the same right.

“We’re looking forward to the day when everyone in Iowa’s allowed to get married equally,” Fritz said.

Fritz, 25, said marriage has brought more responsibility and made his relationship more solid.

“When you start making decisions, you’re talking about 10, 20 years from now instead of, ‘maybe we won’t be together in 10 years.’ It becomes ‘we’re going to be together in 10 years, we better make it work,’ ” he said.

Another Iowa couple, Jason Morgan and Chuck Swaggerty of Sioux City, plaintiffs in the lawsuit, released a joint statement through Lambda Legal, the gay rights organization arguing their lawsuit.

“We’re so happy for the couples in California who will now be able to declare their love and commitment to each other and be treated fairly by their state,” they said. “We want to show our sons that we value commitment and marriage and hope that soon we too can get married.”

Camilla Taylor, a Lambda Legal attorney, said they expect the Iowa Supreme Court will set oral arguments in the case at the end of this year or the beginning of 2009. She thinks the decision in California, which she said has the largest population of lesbian, gay, bisexual and transgender people in the country, will have an enormous effect.

“I think nationwide, recognition of the right of all Americans to marry is inevitable, and we’re obviously very excited about the California decision. We’re thrilled,” Taylor said.

Taylor said Iowa, like California, has typically been at the forefront on civil rights issues, such as granting rights to women, desegregating schools and eliminating a ban on interracial marriage.

“Iowa has a remarkable history of doing the right thing long before its neighbors,” Taylor said.

Some Iowa leaders expressed unease with the California ruling and disappointment the Iowa Legislature hasn’t allowed Iowa voters to approve a constitutional amendment banning same-sex marriage.

Chuck Hurley, president of the Iowa Family Policy Center, called the California ruling an example of judicial activism and said it underscores the need for a constitutional amendment in Iowa.

“I think the bottom line is, we the people should have the opportunity to vote on it, and I don’t know why the Iowa Legislature can’t get that through their heads,” Hurley said.

Rep. Dwayne Alons, R-Hull, supports a state constitutional amendment defining marriage as a union between a man and a woman.

“I think it’s our basic foundation of society and provides the best place for children to be raised,” Alons said.

Charlotte Eby can be contacted at (515) 243-0138 or chareby@aol.com.