From CNN:

Two men sealed the state's first legal same-sex marriage with a kiss Friday morning, less than 24 hours after a judge threw out Iowa's ban on gay marriage and about two hours before he put the ruling on hold.

It was a narrow window of opportunity.

Thursday afternoon, Polk County Judge Robert Hanson temporarily cleared the way for same-sex couples across the state to apply for marriage licenses in Polk County.

He ruled that Iowa's 1998 Defense of Marriage Act, which allowed marriage only between a man and a woman, violated the constitutional rights of due process and equal protection of six gay couples who had sued.

County attorney John Sarcone promised a quick appeal, and he asked Hanson to stay his ruling until the appeal was resolved.

A dozen gay and lesbian couples were waiting at the county recorder's office when it opened Friday morning.

By late morning, 20 had applied for marriage licenses when Recorder Julie Haggerty announced that she had been instructed to stop accepting the applications. Hanson later said the judge had formally stayed his ruling.

The judge's stay means the recorder's office is not permitted to accept any more marriage applications from gay couples until the Iowa Supreme Court rules on the county's appeal.

Labels: iowa, lawsuit, marriage, victory

From Lambda Legal:

Iowa Court Issues Decision in Lambda Legal's Historic Lawsuit: Same-Sex Couples Must Be Allowed to Marry

'THIS DECISION BRINGS TO LIFE THE IOWA CONSTITUTION’S PROMISE OF EQUALITY FOR SAME-SEX COUPLES AND THEIR FAMILIES IN IOWA.'

(Des Moines, IA, August 30, 2007)--A 63 page decision issued today by the Iowa District Court for Polk County said that same-sex couples must be allowed to marry based on the Iowa Constitution's guarantee of equal treatment under the law. The case was filed by Lambda Legal on behalf of six same-sex couples and their families in Iowa.

"This decision brings to life the Iowa Constitution's promise of equality for same-sex couples and their families in Iowa," said Camilla Taylor, Senior Staff Attorney in Lambda Legal's Midwest Regional Office in Chicago.

"This is a significant step forward in recognizing the constitutional rights of all Iowans, and it's an amazing day for same-sex couples and their families all across Iowa," said Dennis Johnson of Dorsey and Whitney, co-counsel for the Plaintiffs with Lambda Legal.

In his decision, Judge Robert B. Hanson said, "Couples, such as Plaintiffs, who are otherwise qualified to marry one another may not be denied licenses to marry or certificates of marriage or in any other way prevented from entering into a civil marriage pursuant to Iowa Code Chapter 595 by reason of the fact that both persons compromising such a couple are of the same sex."

Labels: iowa, lawsuit, marriage, victory