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August 11, 2006

Iowa judge denies lawmakers' request to intervene in same-sex marriage case

Iowa judge denies lawmakers' request to intervene in same-sex marriage case

A judge in Des Moines denied a request by 25 lawmakers Wednesday to intervene in a legal battle over the state's ban on same-sex marriages. Judge Robert Hanson overruled several arguments made by the lawmakers, including one that said allowing same-sex marriages would have a sweeping impact on the state's budget and several other laws.

"Whether or not constitutional claims are valid is a matter of judicial determination, not legislative," Hanson said in his ruling. "The separation of powers between legislative and judicial authority is not endangered by this case. Nor will any determination by this court limit the legislature's authority to make laws."

"We are thrilled that the court has stopped this effort at meddling and allowed these couples to seek these important rights for their families without interference or grandstanding by politicians," Camilla Taylor, staff attorney in Lambda Legal's Midwest office in Chicago and attorney on the case, told The Advocate. "Unlike the politicians who sought to intervene, plaintiffs have a direct stake in the case. Plaintiffs and their children need the vital supports and protections that come only with marriage, such as the ability to visit each other in the hospital or take bereavement leave if they suffer a death in the family."

The lawmakers, all but one of whom are Republicans, wanted to be included as defendants in a lawsuit filed by six gay and lesbian couples who contend that the state's marriage laws are unconstitutional. Republican representative Carmine Boal said legislators were disappointed by the decision but are not convinced the couples will win the case. "We've seen some court decisions in other states that we believe strengthen our case," Boal said.

Supreme courts in Washington State and New York issued defeats for same-sex marriage proponents in decisions released last month. Iowa's lawsuit, filed in December, contends that the gay couples were treated unfairly when Polk County recorder Tim Brien improperly denied them marriage licenses. The lawsuit argues that Iowa's marriage law is unconstitutional because it draws "impermissible distinctions based on sex and sexual orientation."

The trial is scheduled to begin October 23. (AP contributed to this report)

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