Only legally married gay couple celebrates first anniversary

(Des Moines, Iowa) As gay advocates await an Iowa Supreme Court hearing on same-sex marriage the state’s only legally married gay couple prepares to celebrate its first anniversary.

Last August Polk County Judge Robert Hanson struck down Iowa’s 1998 Defense of Marriage Act ruling that it violated the constitutional rights of due process and equal protection of six gay couples who had sued.

Later that day he stayed his ruling to allow for an appeal to the Supreme Court, but not before several dozen couples applied for marriage licenses.

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

Sean Fritz and Tim McQuillan became the only same-sex couple to be married in Iowa. On Saturday they will celebrate their first anniversary.

“We can’t believe it’s been a year already. It has been amazing, and while we knew before we were married that we were committed to each other, actually being married feels different - it is a special commitment,” said Tim and Sean McQuillan.

“We hope other same-sex couples in Iowa are allowed to experience the transformations that only marriage can bring to a relationship.”

Lambda Legal attorney Camilla Taylor, the lead lawyer on the marriage lawsuit congratulated the couple on Tuesday.

“We hope that all same-sex couples in Iowa who would like to marry will be able soon to enjoy the same wedded bliss and security that Tim and Sean have.”

The state appealed Judge Hanson’s ruling to the Iowa Supreme Court arguing that only the legislature or the people, not courts, should decide the issue of same-sex marriage.

The high court is expected to hear legal arguments in the case late this year.

Republicans have been trying unsuccessfully to get the Democratically controlled legislature to take up a proposed constitutional amendment to ban same-sex marriage.

A statewide poll earlier this year found that the majority of Iowa voters support restricting marriage to opposite-sex couples but at the same time were divided on a constitutional amendment to put that in place, and most believe same-sex couples should have the right to have civil unions.

The survey, by the Des Moines Register, found that 62 percent of prospective voters believe marriage should be available only to opposite-sex pairs. But when asked if the state constitution should be amended to block same sex marriage 48 percent said yes while 47 percent said no. Five percent had no opinion.

On the issue of civil unions more than half of those who responded said they would support the idea. About 40 percent were opposed.

In March, two former Iowa Lieutenant Governors, one a Republican the other a Democrat, submitted a brief to the state Supreme Court arguing that the court, not the legislature or voters, is the place to decide the constitutionality of same-sex marriage.

“We are proud of Iowa’s long history in ensuring fairness and equality for all Iowans,” said former Lt. Govs. Joy Corning (R) and Sally Pederson (D) in a joint statement at the time.

“As former elected officials, we have a deep respect for the role of the Iowa Supreme Court and the judicial process. We signed our names to a brief submitted to the Court because we believe that the Court is the proper place to decide this matter. We have a keen understanding of the different roles the courts and legislature play in leading our state and treating all Iowans with fairness.”

The high court has not indicated when it will hear the case.

*365Gay.com