Gay rights group files arguments in marriage case

DES MOINES (AP) -- A gay rights organization filed legal arguments Friday in a case that will decide the constitutionality of the state's ban on same-sex marriage.

New York-based Lambda Legal, which has spearheaded a same-sex marriage drive across the country, filed the arguments on behalf of six gay and lesbian couples from Iowa who were denied marriage licenses, as well as three of the couples' children.

An initial lawsuit was filed in Polk County District Court in 2005, naming former Polk County recorder and registrar Timothy Brien. Judge Robert Hanson ruled last August that the 1998 Defense of Marriage Act violates the constitutional rights of due process and equal protection and must be stricken from the books.

A day later, Hanson stayed the decision, but only after more than 20 same-sex marriage applications had been accepted, and one couple, Sean Fritz and Tim McQuillan of Ames, were married.

The case is now before the Iowa Supreme Court.

In the arguments, Lambda Legal maintains that the ban denies gay and lesbian couples the constitutionally guaranteed right to liberty and privacy and equal protection under the law.

Lambda Legal argues that civil marriage in Iowa "is the only gateway" to rights, obligations and benefits that protect married couples and their children.

Some of the examples it listed were the authority to make health care and burial decisions, entitlement to workplace and other benefits from spouses and the ability to file joint tax returns and take marriage-related deductions.

"But marriage is not merely a bundle of legal rights and duties," the arguments said. "For two people who have found joy in each other, it can be a definitive expression of love, devotion, and dedication. It allows each to honor the relationship of one to the other in a state-sanctioned way."

Roger Kuhle, assistant Polk County attorney, said Thursday he would not be able to see the arguments filed by Lambda Legal until after the weekend. He has said in the past that the issue should not be for a judge to decide, but should be left to lawmakers.

In time for Friday's deadline, at least 16 "friend of the court" briefs were expected to be filed to support the gay and lesbian couples' lawsuit, Lambda Legal said.

Among them was one signed by former Iowa lieutenant governors Sally Pederson and Joy Corning. The women released a statement on Friday saying that they believe the courts, not lawmakers, should decide the issue.

The gay couple who were married in Iowa, Fritz and McQuillan, issued a statement about the "friend of the court" briefs filed in support of the lawsuit. They are not among the plaintiffs.

"We are humbled by the amount of support that our fellow Iowans are lending to the case," the statement said. "They reflect the views of many Iowans, including those of our families, our friends, and our community."

Oral arguments will be scheduled by the Supreme Court in coming months, but a decision this year is unlikely.