Iowa county halts gay marriages

The marriage license approval process normally takes three business days, but Fritz and McQuillan took advantage of a loophole that allows couples to skip the waiting period if they pay $5 and get a judge to sign a waiver.

Other couples, even those who got an early start Friday, were out of luck. Katy Farlow and Larissa Boeck, students at Iowa State University, said they got to the county recorder's office at 5 a.m., then sat in lawn chairs and ate snacks until the office opened at 7:30 a.m. They got their application in but didn't get their license.

"This might be our only chance," Farlow said. "We already knew we were spending the rest of our lives together."

Hanson granted the stay after Sarcone filed a motion saying his ruling should be put on hold because lifting the ban was far reaching and would likely be overturned by the Iowa Supreme Court.

Hanson wrote that Sarcone's arguments "do indeed constitute good cause for the issuance of the requested stay."

Plaintiff's attorney Dennis Johnson had argued that the county's appeal probably would not succeed and disputed its contention that a reversal would throw any licenses issued into legal doubt.

He said a marriage license is valid until one or both of the spouses seek to have it dissolved or one dies, "regardless of changes in the law that may occur after the couple marries."

The Iowa Supreme Court can refer the case to the Iowa Court of Appeals, consider the matter itself or decide not to hear the case.

The flurry of activity in the courts prompted a quick response from some lawmakers. House Republican leader Christopher Rants called on Democrats, who hold a majority of seats in the Legislature, to respond.

"The Democrats should call a special session immediately to take up such issues and to introduce a marriage amendment for Iowa's constitution," he said in a statement. "House Democrats need to start leading or get out of the way."

Language defining marriage as being between a man and a woman has been written into the constitutions of 27 states, according the National Conference of State Legislatures. Most other states have laws to the same effect; Iowa's was approved overwhelmingly by the Legislature in 1998.

Gov. Chet Culver on Thursday issued a statement stating his opposition to gay marriage and said he would wait for the court process to play out before considering any push for legislative action.

"While some Iowans may disagree on this issue, I personally believe marriage is between a man and a woman," Culver said.

Gay marriage is legal in Massachusetts, and nine other states have approved spousal rights in some form for same-sex couples.