Des Moines, Iowa -
A judge under fire for granting a divorce to a lesbian couple has amended his judgment but it has done little to quell the dissent.
District Judge Jeffrey Neary granted a divorce to Kimberly Jean Brown and Jennifer Sue Perez on Nov. 14. The Iowa couple had been united in a civil union ceremony in Vermont. The breakup was uncontested, and Neary signed the divorce without realizing it involved a same-sex couple. (365gay.com story)
Gay marriage is illegal in Iowa and a group of conservative lawmakers appealed to the Iowa Supreme Court to have the divorce ruling overturned arguing that by granting a divorce Neary was recognizing same-sex marriage in contravention of the state's Defense of Marriage Act.
Neary has now amended his ruling to declare the couple's civil union was terminated.
But, the appeal to the high court will proceed according to the lawyer acting for the six Republican lawmakers.
Timm Reid, a lawyer for the Iowa Liberty and Justice Center says Neary still overstepped his authority since the state DOMA also does not recognize civil unions.
"What the judge tried to do was enter through the back door ...'' Reid said. ``The judge is still trying to recognize something that Iowa law does not.''
The Iowa Liberty and Justice Center is affiliated with the right wing Iowa Family Policy Center, an organization which has fought various attempts to have same-sex couples recognized in the state.
"It's like a doctor saying you're cured of cancer when you never had cancer,'' said Chuck Hurley, Iowa Family Policy Center president of the ruling.
"The Supreme Court still needs to inform Judge Neary that there is no such thing as a civil union in Iowa law,'' Hurley said.
Judge Neary says he isn't trying to make new law.
"I'm not out here crusading for anything or anybody,'' Neary told the Le Mars Daily Sentinel. "I'm dealing with the legal problem. I don't make decisions about social agendas or morality issues.''
But Neary concedes that whichever way the Iowa Supreme Court rules history will be made. If the Supreme Court overturns his ruling, it will clarify the issue for everyone, he said. But, "if the Supreme Court says I'm right and says we have to give full faith and credit to this Vermont issue, that, too, sets precedent. A ruling from the Iowa Supreme Court would establish how we're going to deal with it in the future.''
©365Gay.com® 2003
District Judge Jeffrey Neary granted a divorce to Kimberly Jean Brown and Jennifer Sue Perez on Nov. 14. The Iowa couple had been united in a civil union ceremony in Vermont. The breakup was uncontested, and Neary signed the divorce without realizing it involved a same-sex couple. (365gay.com story)
Gay marriage is illegal in Iowa and a group of conservative lawmakers appealed to the Iowa Supreme Court to have the divorce ruling overturned arguing that by granting a divorce Neary was recognizing same-sex marriage in contravention of the state's Defense of Marriage Act.
Neary has now amended his ruling to declare the couple's civil union was terminated.
But, the appeal to the high court will proceed according to the lawyer acting for the six Republican lawmakers.
Timm Reid, a lawyer for the Iowa Liberty and Justice Center says Neary still overstepped his authority since the state DOMA also does not recognize civil unions.
"What the judge tried to do was enter through the back door ...'' Reid said. ``The judge is still trying to recognize something that Iowa law does not.''
The Iowa Liberty and Justice Center is affiliated with the right wing Iowa Family Policy Center, an organization which has fought various attempts to have same-sex couples recognized in the state.
"It's like a doctor saying you're cured of cancer when you never had cancer,'' said Chuck Hurley, Iowa Family Policy Center president of the ruling.
"The Supreme Court still needs to inform Judge Neary that there is no such thing as a civil union in Iowa law,'' Hurley said.
Judge Neary says he isn't trying to make new law.
"I'm not out here crusading for anything or anybody,'' Neary told the Le Mars Daily Sentinel. "I'm dealing with the legal problem. I don't make decisions about social agendas or morality issues.''
But Neary concedes that whichever way the Iowa Supreme Court rules history will be made. If the Supreme Court overturns his ruling, it will clarify the issue for everyone, he said. But, "if the Supreme Court says I'm right and says we have to give full faith and credit to this Vermont issue, that, too, sets precedent. A ruling from the Iowa Supreme Court would establish how we're going to deal with it in the future.''
©365Gay.com® 2003
This article originally appeared on 365gay.com. Republished with permission.
