Gay marriages begin tomorrow in Iowa

Sun. April 26, 2009 12:00 AM by ChicagoPride.com News Staff

Couples from Chicago planning trips to Iowa for same-sex marriage

Chicago, IL - Beginning Monday, same-sex couples will be allowed to legally marry in Iowa. Committed gay and lesbian couples from neighboring states, including Illinois, are planning trips to the Hawk Eye state.

Iowa becomes the third state offering same-sex marriage, following the state's Supreme Court decision in March. Massachusetts and Connecticut already allow same-sex marriage and Vermont has passed a law that will take effect in September.

Iowa counties will begin processing same-sex marriage applications tomorrow morning. County recorders offices will open at 8 a.m.

The first day that Iowa will allow gay marriage is on April 30 because the state requires a three-day waiting period, but a judge can waive that delay and allow an immediate wedding. Many speculate the first gay weddings could happen within hours tomorrow.

Here are some details on Iowa's process:

Two people are eligible to marry in Iowa if they are over 18 years old, not already legally married to someone else or each other, not closely related to each other and legally competent to enter into a civil contract.

First, you must obtain a marriage license by applying for one at a County Registrar of Vital Statistics within the County Recorder's office. Both parties must either be physically present at the County Registrar's office or must have the form notarized. You'll need satisfactory proof of identity for either the County Registrar or the notary, as well as $35 for the Registrar's fee. You'll also need a "competent and disinterested person," someone of legal age who is acquainted with both parties and unbiased regarding the pending marriage, to sign an affidavit on the back of the application.

Once your signed and notarized application has been submitted, you must wait three business days for your license to be valid, unless you've received a waiver (for example, if you hand in your application on a Monday, your license will be valid on Thursday). A judge has the discretion to grant a waiver. According to the State of Iowa Marriage License Instructions, if the license is not picked up within 6 months, the application is null and void.

You will then need to have a marriage ceremony in Iowa. At the ceremony, both parties must be physically present with an officiant and two witnesses, all of whom must sign the marriage certificate. Your officiant is then required to file your certificate with the County Registrar of Vital Records within 15 days.

The ceremony may be performed by a judge, magistrate, or associate judge of the Iowa Supreme Court, Iowa Court of Appeals, or Iowa District Court, or any individual ordained or designated as a leader of a religious faith.

The Iowa Department of Public Health has issued guidance to County Recorders that as government employees they are obligated to issue marriage licenses to same-sex couples in the same manner as they issue licenses to different sex couples as required by the Iowa Supreme Court ruling in Varnum. If you encounter a problem, please contact Lambda Legal's Help Desk at 312-663-4413 (toll-free: 866-542-8336).

Source: Lambda Legal

Iowa same-sex marriage information:
www.one-iowa.org
www.lambdalegal.org
 

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