Telegraph Herald - Dubuque, IA


 
Saturday, April 4, 2009
Gay marriage ruling lauded, lambasted
Iowa Supreme Court rules ban unconstitutional
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Carolyn Canfield (left) and Angela Linton celebrate Friday at Q, a Dubuque bar, after the Iowa Supreme Court ruled the state's ban on gay marriage unconstitutional.
Photo by: Kori Newby
Carolyn Canfield (left) and Angela Linton celebrate Friday at Q, a Dubuque bar, after the Iowa Supreme Court ruled the state's ban on gay marriage unconstitutional.

The atmosphere was electric Friday night inside Q, a downtown Dubuque bar, as gays and lesbians and their supporters celebrated the Iowa Supreme Court ruling that could affect their lives.

The court earlier in the day declared the state's ban on same-sex marriage to be unconstitutional, making Iowa the third state in the nation to allow gays to be legally married. The decision was hailed as a moral victory by supporters and as an assault on traditional values by opponents.

In anticipation of the ruling, Kelly Francois and Teena Williams had logged onto the court's Web site, among thousands who jumped on the site, crashing it for a time. When it recovered, the couple read the decision giving same-sex marriage equal status under Iowa law.

"We were shocked and ecstatic. We were screaming so loud that we scared the dogs," Williams said.

The Dubuque couple, together for four years, immediately started planning a traditional wedding -- securing a church, a reception site and a caterer. Francois and Williams were one of the first gay couples to appear

Iowa's civil rights history

Iowa House Speaker Pat Murphy, D-Dubuque, co-authored a joint statement regarding the Iowa Supreme Court ruling that said, in part, "... treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. ... Iowa has always been a leader in the area of civil rights."

1839: The Iowa Supreme Court rejected slavery in a decision that found that a slave named Ralph became free when he stepped on Iowa soil, 26 years before the end of the Civil War decided the issue.

1868: The Iowa Supreme Court ruled that racially segregated "separate but equal" schools had no place in Iowa, 85 years before the U.S. Supreme Court reached the same decision.

1869: Iowa became the first state in the union to admit women to the practice of law.

1873: The Iowa Supreme Court ruled against racial discrimination in public accommodations, 91 years before the U.S. Supreme Court reached the same decision.

at the Dubuque County Courthouse seeking an application for a marriage license, flummoxing the first clerk they talked to.

About 100 people cheered various speakers during a short rally at Q. A local attorney explained the ruling and congratulated the crowd; a volunteer with a statewide gay rights advocacy group read celebratory statements and a mother spoke emotionally about the happy future she can now envision for her gay son.

"I'd like to see more of these kind of rallies. Dubuque needs to catch up," said Jan McAuliffe, 35, of Dubuque, who has been out as a lesbian only a few months. "I'm totally over caring what other people think. It's a breath of fresh air."

Although her partner proposed marriage in December, she is out of town and the two have not discussed if and when they might wed now that they can legally.

Acting on a 2005 lawsuit filed by Lambda Legal, a New York-based gay rights organization, the Iowa Supreme Court upheld a 2007 Polk County District Court judge's ruling that the state's law banning same-sex marriage is unconstitutional. The lawsuit was filed on behalf of six gay and lesbian Iowa couples who were denied marriage licenses.

Reaction to the decision came fast and furious from both proponents and opponents at the state and national level.

Camilla Taylor, senior staff attorney for Lambda Legal and the lead architect of the Varnum v. Brien lawsuit that the justices ruled on, said, "This will go down as another proud day in Iowa's long history of protecting individual rights."

At the same time, Republican National Committee Chairman Michael Steele released a statement from Washington, D.C., calling the court's decision "another example of judicial activism currently threatening family values in America."

Roman Catholic Bishops of Iowa sent out a release saying the decision "rejects the wisdom of thousands of years of human history" and "will grievously harm families and children." The bishops, including Dubuque Archbishop Jerome Hanus, called on Iowans "to recognize the clear need for a constitutional amendment on marriage."

The matter of getting legislative support for a constitutional amendment banning gay marriage would not likely be simply a matter of one party holding a majority of the votes.

While the Iowa Republican Party has called for creating the constitutional amendment, a Republican majority in 2004 was unable to marshal enough support, and a resolution to begin the amendment process fell short in the Senate by a one-vote margin.

Democrats, who currently hold the majority in both chambers, were told earlier this week they would not be debating the issue prior to this year's anticipated mid-April adjournment.

Sen. Tom Hancock, who went to the Senate in 2005, is one Democrat who will support a constitutional amendment. The Epworth senator said he signed a petition calling for an amendment in 2004, "And I will do it again because I believe marriage should be between a man and a woman."

Regardless of how lawmakers feel, Iowa's procedure for amending its constitution does not lend itself to speed.

A bill to amend has to pass in two consecutive two-year sessions before it can be put before the public for a vote. Therefore, if it were to pass the Legislature in 2010, the second year of the 83rd General Assembly, it could not be brought up again until 2011, the first year of the 84th General Assembly.

However, Gov. Chet Culver could speed up the process by calling for a special session, and amendment proponents can be expected to pressure Culver to do so, especially in light of a comment he made shortly after he took office in January 2007.

Senate Republican Leader Paul McKinley, R-Chariton, issued a release Friday reminding Culver to keep a promise McKinley said the governor made to "do whatever it takes to protect marriage between a man and a woman."

Culver's statement Friday said he plans to thoroughly review this decision, "which I am doing with my legal counsel and the attorney general, before reacting to what it means for Iowa,"

Travis Schuchart is hopeful of what the ruling might mean to his state. He drove to Dubuque from Dodgeville, Wis., to celebrate the Iowa ruling. He often meets friends at Q.

"I got about 500 text messages this morning about it. This is a huge step for this area because the gay community is bigger than most people realize," Schuchart said. "I hope Wisconsin and other states will follow Iowa's lead."

The owners of Q, Ann Cunningham and JoJo Roling, who are life partners as well as business partners, stressed that their Main Street bar "welcomes all and turns away none." Cunningham acknowledged that the ruling would, "Send shock waves through parts of our society." She urged "unity in the face of passionate and heartfelt opinions on both sides of this issue."

The ruling concerns only civil marriages and not the policies and regulations of places of worship. Churches and other religious institutions still can adhere to their current policies and regulations. For instance, no Roman Catholic churches will be performing same-sex weddings.

"We consider marriage between a man and a woman to be a sacrament. Gay marriage doesn't fit the sacramental definition, so no priest can witness any such ceremony," Barta said.

Unitarian Universalist churches have been blessing same-sex marriages for years, said Kent Mayfield, who ministers at the Unitarian Universalist Fellowship of Dubuque. Francois and Williams asked Mayfield to marry them.

"We consider a wedding to be a transaction between the two people, not between the people and the church," said Mayfield, who has been with his male partner for nearly 30 years. The two raise Arabian horses near Dodgeville, Wis., but they are not in a hurry to apply for a marriage license.

"This is a great breakthrough because it is in the heartland. This legal endorsement gives families assurance that they can relax and support (their gay family members)," Mayfield said. "This is a coming-of-age day in our society."


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