Iowa judge waives 3-day waiting period, allowing gay couples to marry immediately

[cal04]

Source: MSNBC

BREAKING NEWS: Iowa judge waives 3-day waiting period, allowing gay couples to marry immediately

First Iowa same-sex marriages expected today
State high court ruling takes effect; pair granted waiver to waiting period


Same-sex couples in Iowa began filing marriage license applications Monday after a state Supreme Court ruling legalizing gay unions took effect, and the first marriages were expected within hours.

The court issued a declaration early in the day confirming that the appeals process in the case has officially concluded.

At least one waiver had been issued by 9 a.m. to Melisa Keeton and Shelley Wolfe, of Des Moines. That will allow the couple to bypass Iowa's mandatory three-day waiting period and marry on Monday.



Read more: http://www.msnbc.msn.com/id/30433846/

[HarukaTheTrophyWife]

1. Cool

[Debi]

28. Yeah...Iowa's cool

;)

[Blue Gardener]

47. Iowa IS Cool

It's not our little secret anymore. I wouldn't live anywhere else. :)

[Debi]

49. Except for when the damn tornado sirens go off and flash flooding occurs

like yesterday (wow, didn't even think about all that occurring on the eve of the Apocalypse!! Glad Steve King didn't think of it either!) :hi:

[Blue Gardener]

58. At least it was only property damage from the tornado

God must not be too pissed off.

[SomeGuyInEagan]

74. Geez, Debi, you seem to be close to the action ...

... last year it was the tornado that destroyed Parkersburg and the flooding that nailed North Cedar. Seems to be zeroing in on you (and it's still April!).

Keep a radio, fresh batteries and cold beer in the basement (and a raft and more cold beer on the roof).

On a more serious note, very proud of my native state of Iowa. A long tradition of progressive values:

- in 1839, even before it was a state, the Iowa territorial supreme court outlawed slavery
- in 1847, the U of Iowa became the first public university in the country to give women unfettered access to higher education
- in 1951, Iowa did away with barriers to interacial marriage
- in 1868, the Iowa supreme court ruled that segregation in schools is illegal
- in 1873, the Iowa Supreme Court ruled against racial discrimination in public accommodations
- in 1889, Iowa admitted a woman to the bar (sadly, that meant she was a *lawyer* ... insert your lawyer joke here)

Iowa: Our liberties we prize and our rights we will maintain

[Debi]

76. The tornado was a good 30-40 miles from my house this time

and the flooding was in town (4-6 miles away) - still could hear the sirens that went off in town and they made us :scared:

We're prepared (as we can be) if something comes our way again.

Pretty proud to live in Iowa - I'll even claim the western third b/c there are SOME cool Dems there! :hi:

[Critters2]

61. I spent about 1/2 hour (not sure, seemed longer) in a traffic jam

over your way, Friday afternoon. Came to a dead stop at the Coral Ridge Ave. exit, and inched our way through Coralville and Iowa City. I should've gotten off and gone to the mall.

[LynneSin]

2. Well they've been waiting a lifetime so this is a smart move to make

what's another 3 days, these people have been waiting a long time to get married so let it happen now

[AlbertCat]

14. I smell cries of "SPECIAL TREATMENT!"

I think it's a dumb thing to do. The point is they are treated like any other citizen. Like you said, they've been waiting a long time, what's 3 more days?

Of course...who really cares? But, even though it's a pain, sometimes you have to tip toe around to not give the other side ammunition. Even if Hetero couples get waivers...the RW bigots will bring it up.

It just seems unnecessary.

[ChairmanAgnostic]

21. heh. we passed several statutes

to fix a 400 yr history of slavery. That was special treatment, too. and recall when mixed marriages were banned in many states? (The same ones that love them their family valoos senators and congressmen)

[AlbertCat]

24. A 3 day wait is not comparable to slavery.

:eyes:


And, minor point, PASSING a statute is different from WAIVING a statute.

:eyes: :eyes: :eyes:

[Cherchez la Femme]

22. The reason behind the standard waiting period

I believe, is that it tries to avoid a compulsive marriage

say, if the couple were drunk or otherwise intoxicated
or a couple decides 'on a whim' that yeah, marriage sounds like a pretty darn good idea when, for them, it certainly isn't.

I guess most binges don't last more than 3 days LOL
Guess they have to sleep sometime and wake up sober. Hung over perhaps, but sober and able to think things through and much more clearly.

At this stage in the history for the desire for a gay union I think that the ones who really desire to be married have done so for a long time, therefore the waiting period isn't going to help avert what the law was designed for.


Once gay marriage has become established, in proportion/correlated to the population of course, there probably will be as many gay couples who suddenly want a spur of the moment wedding as straight people.
It is then that the waiting period will fulfill it's design.


But I do agree with you, there probably will be some cries of Special Treatment. Unless at least one of the couple was elderly, very sick or in a terminal stage of an illness these waivers don't seem to hold any real purpose other than compassion and/or a tacit apology.
If there has been a law that's been followed for a length of time, gay marriage shouldn't change it.

I'd also like to point out from what I read (or comprehended, have a wicked migraine going so my thought processes --and writing skills-- are not at their peak at the moment) that it wasn't ALL gay couples the law was waived for, just one* or a few or some; probably in the same way it's waived for some hetero marriages

Big difference, IMO


Bottom line, if it's waived for straight couples upon certain circumstances, then it could be and should be waived for anybody


*Note that further down the article states "At least one waiver had been issued" so the title, implying all gay couples, appears to be highly misleading


A couple edits for, hopefully, clarification.

[MARALE]

27. I agree and think there is another reason

they need to take this opportunity for tourism. Just think that if there were honeymoon and 3 day waiting packages for our gay friends, that would be a lot of income that Iowa could use. Des moines has some things to offer and these could be put into vacation packages for these welcome tourists and honeymooners.

[Debi]

30. Waivers are granted to heterosexual couples all the time

So why not for homosexual couples?

[LostinVA]

31. You always have to back teh gays

:eyes:

And, I love you for it :pals:.

[Debi]

36. Love you back babe!

The 'we hate the gays' movement seems to be fizzling out here - it will never be gone but the 'Meh' crowd seems to be taking over.

However, I feel the need to go let Mr. Debi know our marriage is strong even though The Gay has taken over Iowa :P

[LostinVA]

38. Next thing you know, Iowans will be marrying flamingos!

[Debi]

42. The Box Turtles will be our flower girls and ring bearers!

[LostinVA]

44. Pev

[AlbertCat]

43. Waivers are granted to heterosexual couples all the time

Well, that's not in the article, is it?

And like I said...who cares. But that's good to know! Now when the RW rabble start wringing their hands and tearing their garments over "special treatment", this can be the reply:

"Waivers are granted to heterosexual couples all the time"

[Debi]

45. You are right, both the author of the article and I should have been more clear

http://search.legis.state.ia.us/NXT/gateway.dll/IowaState/ISLRoot/code.htm?f=templates&fn=default.htm


Iowa Code Section 595.4 Age and qualification - verified application - waiting period - exception.

<snip>

Upon receipt of a verified application, the county registrar may issue the license which shall not become valid until the expiration of three days after the date of issuance of the license. If the license has not been issued within six months from the date of the application, the application is void.

A license to marry may be validated prior to the expiration of three days from the date of issuance of the license in cases of emergency or extraordinary circumstances. An order authorizing the validation of a license may be granted by a judge of the district court under conditions of emergency or extraordinary circumstances upon application of the parties filed with the county registrar. No order may be granted unless the parties have filed an application for a marriage license in a county within the judicial district. An application for an order shall be made on forms furnished by the county registrar at the same time the application for the license to marry is made. After examining the application for the marriage license and issuing the license, the county registrar shall refer the parties to a judge of the district court for action on the application for an order authorizing the validation of a marriage license prior to expiration of three days from the date of issuance of the license. The judge shall, if satisfied as to the existence of an emergency or extraordinary circumstances, grant an order authorizing the validation of a license to marry prior to the expiration of three days from the date of issuance of the license to marry. The county registrar shall validate a license to marry upon presentation by the parties of the order authorizing a license to be validated. A fee of five dollars shall be paid to the county registrar at the time the application for the order is made, which fee is in addition to the fee prescribed by law for the issuance of a marriage license.


+++++++++++++++++++++++++++

[TommyO]

32. If straight couples get waivers, so can gay people

To deny waivers to gay people is just another bit of discrimination, kudos to those seeking and granting these waivers.

[xchrom]

3. ...

:applause: :applause: :applause:

[pleah]

4. K&R

[mainegreen]

5. that's a nice thing to do.

[AtheistCrusader]

15. Little gestures do help.

Very good news :toast:

[DKRC]

6. K&R

:applause:

[Zuiderelle]

7. Good news!!

K&R

[Critters2]

8. I'm going to Davenport in a few weeks, to officiate at a wedding

of two parishioners. It'll feel so good to sign their license! I'm so proud of my native state today!

[Veruca Salt]

9. Iowa judges are made of awesome

And congrats to the happy couple! :applause:

[Zenlitened]

10. Congratulations, thank you and best wishes to all the good people of Iowa!

:yourock:

[Vidar]

11. Good for the judge.

[Rebubula]

12. As much as I...

...love my gay and lesbian brothers and sisters...Gay Marriage is going to be just like Straight marriage - 40% or better divorce rates.

My attorney friend is already looking into specializing in Gay divorce...

Yeah..yeah...I am relationship challenged and very cynical. I went through 5 divorces before I was 20 - my parents liked getting married a lot, just not to each other.

[Soylent Brice]

13. awesome news!

[closeupready]

16. Dammit! There goes Obama's re-election.

:mad: :sarcasm:

:rofl:

[ismnotwasm]

17. K&R

So nice to have good news for a change.

[KamaAina]

18. Have the locusts swept in yet?

:sarcasm: :sarcasm: :sarcasm:

[Beetwasher]

19. How Cool!

What terrific gesture!

Way to go Iowa!!!

[ChairmanAgnostic]

20. The SKY IS FALLING! THE SKY IS FALLING! HELP, I'm TURNING GAY! ! ! ! !

Congrats, and sincerest best wishes to all of those who are leaping into a legal relationship. I bow my head and wish you all the best of lives and loves.

ONE recommendation:
(not to worry, I recommend this to all hetero couples, too)

PLEASE consider getting a pre-nupt. This little bit of legal planning ahead of time truly makes life much more understandable, and if hetero marriages are any guide (given that both sides are human, I suspect so) chances are that 30-50% of your marriages will fail just like (what did that bimbette from California call them?) other marriages.

[jeff30997]

23. Lol,bimbette.

I think she said "opposite" marriage.What a dumbass.:rofl:

[ChairmanAgnostic]

25. the GOP - the gift that keeps on giving.

[nichomachus]

34. Yes and no

If this is a new relationship and one comes into it with considerably more in assets and net worth than the other, then, yes, a pre-nup is in order. I've seen some real disasters where one person didn't realize they were in a community property state and then the other party, who came into the relationship with no assets, wanted half the other person's business.

OTOH -- My husband and I were together for 26 years before we were married. Neither of us had squat when we got together, so everything we have is pretty intertwined and was acquired jointly. So, if we ever were to split, it would be 50-50 and that's the way it should be.

Also, if it's a new relationship and both parties have about equal assets, a pre-nup doesn't accomplish much. It's only when there is a great disparity between the net worth of the two people.

[ChairmanAgnostic]

35. Dunno if it is anecdotal, but from my experience,

folks who are mature enough, think hard enough, and act rationally enough to think about a pre-nupt seem to separate a lot less often than those who do not. It is as though those who take that extra step are willing to empathically deal with problems that crop up in all relationships with time.

[nichomachus]

40. It's just that

if you don't really have anything, what's the prenup going to say?

It really only comes into play if one person has considerable assets, property, or a business that he/she acquired alone before getting into the relationship.

So, if one person -- or both -- owns a house or a business or has a lot of money or investments, definitely, get a pre-nup. If all you have is a couple of bucks in the bank and some used furniture, it's a waste of time.

I saw several cases in gay breakups where one person was older at the time they got together and had a business and considerable assets. They never considered the fact that the younger person would be entitled to half of everything at the time of breakup. There were some nasty cases. You really want to protect some valuable assets that you acquired by your own hard work pre-relationship.

A straight friend who's been divorced there times told me, "The next time I meet a woman I like, I won't even bother getting married. I'm just going to give her half my money and buy her a house. That way I won't have to pay a lawyer."

Joking aside, he has had pre-nups for his second and third marriages.

[cboy4]

26. Wake up California Supreme Court

Look what's happening across the country.

[Initech]

29. Iowa = now more progressive than California.

[closeupready]

33. Thought I'd never see the day, but yep. Sho is.

:) :hi:

[Initech]

55. I spent election day cheering and cursing.

[yardwork]

50. Iowa is cooler than California!

Yay Iowa!

[barbtries]

37. happy for them

i had never thought of Iowa as a progressive state but i do now. all 50 should be so true to the bill of rights,

[Ozymanithrax]

39. I love the smell of freedom in the morning...

It smells like victory for all of us.

[Starry Messenger]

41. Yay!

I hope the news wires will have some photos soon. I like to see the happy couples.

[Hippo_Tron]

46. Oooh we got trouble, right here in River City

With a capital T and that rhymes with P and that rhymes with Sodomy? I kid I kid because it's Iowa.

Congrats to the newlyweds.

[SocratesInSpirit]

48. Oooh I was waiting for someone to make a Music Man reference

:thumbsup: :)

But seriously, Iowa just keeps showing its awesomeness.

[Hippo_Tron]

52. You could really make this into a satirical version of the music man

Professor Pat Robertson comes to Iowa and convinces them all that they have to contribute to his anti gay marriage PAC in order to stop gay marriage. If I had some time on my hands, I would totally write it.

[SocratesInSpirit]

53. Haha - that would be awesome!

I could just see it now: Marian would be the staunch advocate for gay rights and Pat Robertson's main antagonist, part of Winthrop's anger would be due to denying his sexual identity because of social pressure, and the pick-a-little, talk-a-little ladies would be clucking about the librarian having a lesbian affair. And the ending? Pat Robertson would fall in love with Marcellus!

The only difficulty would be making Pat Robertson charming and charismatic (ugh... I think I just threw up a little writing that!). :scared:

[Debi]

51. Ha ha!

[SocratesInSpirit]

54. Nice!

Ya got trouble!

(I made this into an avatar, but I don't have a photobucket account; otherwise, I'd post it.)

[aquart]

56. Neither grudging nor half-hearted. When Iowa's in, it's all in.

Is there anything that says Made in Iowa on it? That I could afford?

[Tashca]

57. Try google

I typed in made in Iowa and came up with several items.....many look very affordable too.

Very good idea. I was stumped when you first asked the question.

All I could come up with was a couple of buckets of Iowa Oysters???....:shrug:

[Blue Gardener]

59. Amana Woolen Mills

Very nice blankets made in the Amana Colonies. You don't have to get wool if your allergic. Or, Captain Crunch, which I guess is a bit cheaper. Quaker products are made at the Quaker Oats plant in Cedar Rapids. Oral B and Crest toothbrushes are made here in Iowa City.

[Critters2]

62. Blue Bunny Ice Cream

Sue Bee Honey

[5thGenDemocrat]

60. Iowa Stubborn

But what the heck, you're welcome,
Join us at the picnic.
You can eat your fill
Of all the food you bring yourself.
You really ought to give Iowa a try.
Provided you are contrary,
We can be cold
As our falling thermometer in December
If you ask about our weather in July.
And we're so by God stubborn
We can stand touchin' noses
For a week at a time
And never see eye-to-eye.
But we'll give you our shirt
And a back to go with it
If your crops should happen to die...

You really ought to give Iowa
Hawkeye Iowa
Dubuque, Des Moines, Davenport, Marshalltown,
Mason City, Keokuk, Ames, Clear Lake
Ought to give Iowa a try!

John
Thinks Meredith Wilson was pretty cool. Thinks Iowa is pretty cool, too.
Congratulations to all concerned.

[Skittles]

63. thank you Iowa

:thumbsup:

[Pacifist Patriot]

64. *sigh* Wish I could be there to officiate a few of those weddings.

Way cool!

[Critters2]

66. My first one will be May 22. The couple were planning a wedding

in our church on the 23rd, which will still happen, and will be the big event--celebrating with family and friends. But, they, their witnesses and I are driving to Davenport to say their vows and sign the license in a park the day before...or in a UCC church a friend of mine pastors if the weather isn't good. I already get all teary-eyed thinking of finally being able to do a wedding of two women and not having anyone argue that it isn't a real marriage because the state says it isn't.

I don't understand why some Illinois couple hasn't tried to get a license here, and then begun a test case, as happened in Iowa to bring this about. I hope Illinois will follow Iowa's lead soon.

In the meantime, Illinoisans will drive to Iowa to be legally married.

[InfiniteThoughts]

65. Need Info - I amn't completly aware of this case

Why was there a requirement for a 3-day waiting period? What was it supposed to achieve? Hoping not that some wacky republican thought that folks would change their mind in 3 days.

[Critters2]

67. It's always been in place. It's supposed to prevent anyone being coerced into

marriage, or to keep people from marrying in a moment of liquor-invoked infatuation, that sort of thing. It keeps the Britney Spears of the world from marrying only to realize it was a really bad idea and file for divorce 5 hours later. It doesn't just apply to gay couples. All Iowans have to wait three days to get married.

[Pacifist Patriot]

68. Waiting periods are pretty standard. The waiting period in Florida is also 3 days...

unless the couple has completed a marriage preparation course within the last 12 months or is coming in from out of state. I think they provided for the out of state waiver to encourage destination weddings.

Quite frankly, I would be perfectly happy with a 30 day waiting period. Heck, I'd be okay with the requirement of having completed a marriage preparation course in order to get a license. But I'm pretty draconian in this respect and recognize not everyone feels as I do. Hey, the state has you pass a driver's test before they'll let you get a driver's license. Why not have to be educated about the realities of marriage before becoming married?

[InfiniteThoughts]

70. what?

do you think half the folks will get married if they are educated about the realities of marriage?

Though, I am one of fools on the other side that saw more good things than not...

[Pacifist Patriot]

71. I think people would still get married, but they might pick up some skills

and ideas that could help more of them stay married. Successfully married couples and divorced couples have the same number and types of conflicts, it's how they resolve them that make the difference. (Setting aside cases of abuse, addiction, etc. that are just plain toxic)

[Tim01]

72. I'll bet there would be a few young couples who would change

their minds if they were forced to wait a bit longer. I've recently seen a girl rush into marriage because all of her family and friends were telling her the guy is a worthless piece of shit, in spite of how hopelessly smitten she is. The marriage happened in one of those desperate lulls between times when he was being a dick to her.
She is stuck now. If she had been forced to wait she might be single instead.

[SomeGuyInEagan]

75. Twenty-six states still have it on the books

According to http://www.ncsl.org/programs/cyf/waitperiod.htm

I was always under the impression that it was a legacy from when premartial blood tests or physical exams were required to make sure there was time for the results to be verified (some states still require blood tests). Not sure where I got that notion, though.

[Thor_MN]

69. Iowa is only about 100 miles from Westboro Woo-Woo church

How's that going to work out?

No more Iowa jokes for this Minnesotan. But I do reserve the right to poke fun at Wisconsin, unless they show us up too.

[Debi]

77. I read in one of the papers that the Westboro group cancelled a planned protest

It was kinda wet and rainy Monday....would've run the paint on the hate posters x(

I'm sure they'll be back when the weddings start happening in May/June. :eyes:

[marshall]

73. Is the waiver only effective for gay marriaages?

That is not going to go over well. If it's the same it needs to be the same for everybody. No more of that "separate but equal".

[Debi]

78. Post #45 has the link to Iowa Law

The waiting period and opportunity for a waiver is available for all couples applying for a license.

[marshall]

79. That makes it sound like each couple must file for an exception

I thought it was a blanket exception.

[Debi]

80. Yes, each couple has to apply AND there is no guarantee that a waiver will be granted

I think some of the judges are granting the exceptions b/c so many of these couples have been in committed relationships for a long time and applying for a license is no whim - Also, many of these couples have already participated in commitment ceremonies and (except for that little piece of paper) have been living as a married couple for years.

[undeterred]

81. I thought the 3 day waiting period was for buying a gun.

:shrug: