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Wednesday, April 22, 2009

Some county recorders in Iowa don't want to issue licenses for same-sex marriages

The Iowa Supreme Court's decision allowing same-sex marriage took effect this week, and county recorders prepared to issue marriage licenses to same-sex couples. Some recorders in rural counties said they would refuse to license such marriages, and some Republican legislators tried to pass language that would have allowed recorders to refuse to issue a marriage license as a “matter of conscience” without fear of prosecution. That language was ruled out of order. Afterward, a clerk from Republican state Rep. Kent Sorenson's office was discovered contacting county recorders and asking them why they were willing to follow the Supreme Court’s ruling, since “it’s not a law, it’s an opinion.”

The legislative efforts were rebuked Wednesday by Iowa Attorney General Tom Miller. In a statement to the Iowa Independent, Miller said “Our country lives by and thrives by the rule of law, and the rule of law means we all follow the law as interpreted by our courts — not by ourselves. We don’t each get to decide what the law is; that would lead to chaos. We must live by and follow what the courts decide.” Jason Hancock reports for the Independent here.

Adam Belz writes for The Gazette in Cedar Rapids that "Iowa has no residency requirement, so out-of-state gay couples can be married in Iowa as long as they either wait for three days after they get a marriage license or obtain a waiver from a county clerk of courts." That fact may invite more same-sex couples to the state as they vie for marriage certificates. Read more here.

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