Lambda Legal Asks Iowa Court To Rule for Same-Sex Couples Seeking Marriage

(Des Moines, May 4, 2007) — Today, Lambda Legal asked the state court to rule for the couples and their children in its lawsuit seeking full marriage equality in a summary judgment hearing.

"This case is a question of fairness and equality for same-sex couples across Iowa, and we are asking the court to decide based on clear Iowa legal principles," said Camilla Taylor, Staff Attorney in Lambda Legal’s Midwest Regional Office in Chicago. "Couples in Iowa want the responsibilities and need the protections marriage provides— they shouldn’t have to wait through a long legal process while their families are vulnerable."

In December 2005, Lambda Legal filed a lawsuit with the Polk County Court on behalf of six same-sex couples who were denied marriage licenses in Iowa, arguing that denying marriage to same-sex couples violates the equal protection and due process guarantees in the Iowa State Constitution. Today’s hearing follows court papers filed in January, which include affidavits from the same-sex couples in the lawsuit explaining first-hand to the court why they want to marry and the harms they suffer from being denied access to marriage. They also include various medical and academic experts who support marriage for same-sex couples, including Dr. Michael Lamb, a world-renowned child developmental psychologist with over 30 years of research in the field. Lamb headed the Section on Social and Emotional Development of the National Institute of Child Health and Human Development (NICHD) within the National Institutes of Health (NIH) for 17 years and is testifying on behalf of the plaintiffs in this case.

"Just last week our Senate approved a bill that will make it illegal to discriminate in employment, public accommodations, housing, education, and credit practices based on sexual orientation and gender identity. I have faith that once my fellow Iowans see the inherent injustice in leaving these families without the protections of marriage, they will support allowing these couples to marry" said Dennis Johnson, former Iowa Solicitor General now of Dorsey and Whitney. "We have always been ahead of our neighbors in fighting for civil rights, and now is the time for our State to take the next step in ending inequality."

The plaintiffs in this case include: Kate, 33, and Trish Varnum, 42, of Cedar Rapids, who have been in a committed relationship for nearly six years. In addition to the Varnums are David Twombley, 66, and Larry Hoch, 64, of Urbandale, both retired teachers who have been in a committed relationship for over five years; Dawn and Jen BarbouRoske, 38 and 36 respectively, of Iowa City, who have been together for more than 16 years and their two children, McKinley, 8, and Breeanna, 4; Ingrid Olson, 28, and Reva Evans, 33, of Council Bluffs, who have been together for nine years and their son, Jamison, ten months; Jason Morgan, 37, and Chuck Swaggerty, 34, of Sioux City, who have been together for nine years; and Bill Musser, 49, and Otter Dreaming, 50, of Decorah, who have been together for over five years.

Camilla Taylor, Staff Attorney and Kenneth Upton, Senior Staff Attorney are handling the case for Lambda Legal. They are joined by former Iowa Solicitor General Dennis Johnson of Dorsey and Whitney in Des Moines.

The case is Varnum v. Brien.

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Contact: Jackie Yodashkin C: 917-620-4502; E: jyodashkin@lambdalegal.org

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.