Iowa court rules same-sex couples can marry*

    * Story Highlights
    * Six couples file lawsuit in 2005 after they were denied marriage
licenses
    * Suit: Denials violated equal-protection, due-process under state
constitution
    * District judge rules: Same-sex couples "may not be denied licenses
to marry"
    * Court strikes down state law declaring marriage only between man
and woman

(CNN) -- An Iowa district court ruled Thursday that same-sex couples can
marry based on the state constitution's guarantee of equal treatment,
court documents show.
art.marriage.gi.jpg

An Iowa district judge ruled in favor of same-sex marriage.

The ruling was in response to a December 2005 lawsuit brought by six
same-sex couples seeking to wed. They were denied marriage licenses and
claimed such treatment violates equal-protection and due-process clauses
in the Iowa constitution.

The court also struck down a state law declaring valid marriages are
only between a man and woman.

The Iowa District Court for Polk County advances the case to the Iowa
Supreme Court which will make a final decision on same-sex marriage,
according to Lambda Legal, a gay and lesbian legal organization
representing the couples.

The 63-page ruling, written by Judge Robert Hanson states: "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."

The law describing marriage as between a man and a woman, "constitutes
the most intrusive means by the state to regulate marriage. This statute
is an absolute prohibition on the ability of gay and lesbian individuals
to marry a person of their choosing," Hanson wrote.

Lambda says the six couples are all in long-term relationship - one
couple has been together for six years, another couple has been together
for 17 years.

"Three of the couples are raising children, others are planning
families, and all want the responsibilities of marriage and the
protections only marriage can provide," according to the organization.

"We respectfully disagree with the court's decision, and we're going to
ask for a stay," said Polk County Attorney John Sarcone.

He said his office will examine whether it's best to file a motion to
reconsider. But barring a change in the court's opinion, Sarcone will
appeal the ruling.

Co-counsel for the plaintiffs along with Lambda Legal, Dennis Johnson
called the ruling "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."