As I was driving home from work, I heard a snippet on Iowa Public Radio that the Attorney General has told county recorders that they MUST issue marriage licenses to same-sex couple or face dismissal for breaching their oath of office.
I checked two local sources and both have similar coverage of this issue. The Quad City Times (Davenport), in an online article by Rod Boshart, reports that State Senator Merlin Bartz, R-Grafton, accused the AG of being "selective" about which laws he enforces.
State Sen. Merlin Bartz, R-Grafton, said Wednesday the attorney general’s office issued a "veiled threat" to county recorders that they must issue marriage licenses to same-sex couples next week or risk removal for failing to abide by their oaths of office.
snip
"It seems ironic and hypocritical," Bartz said. "I think the key here is that the attorney general, in my estimation, is seemingly very selective when they issue a veiled threat to county recorders that they’re going to remove them from office. But I don’t think they’ve threatened to remove county prosecutors from office who aren’t prosecuting other kinds of statutes that may be being broken across the state."
The Des Moines Register adds:
Bartz this morning gave reporters a copy of an e-mail he said was from Bob Brammer, a spokesman for the attorney general. The e-mail says county attorneys have discretion about enforcement decisions and priorities, but county recorders have no discretion about fulfilling their statutory duties.
snip
"Evidently, the attorney general gets a conscience clause free pass but the county recorders don’t," Bartz said.
Bartz has unsuccessfully pushed state lawmakers to give county recorders an out on issuing marriage licenses if it conflicts with their religious views.
I don’t know anything about Bartz. Tom Miller (D) has been our Attorney General forever. I don’t always agree with him but I also don’t see/experience him as political. (Until I began writing this diary, I wasn’t sure what party he belonged to!) He just does the law. As per the AG website:
Statement of Iowa Attorney General Tom Miller
County Recorders must Comply with Supreme Court’s Varnum Decision
April 21, 2009
We expect duly-elected county recorders to comply with the Iowa Constitution as interpreted unanimously by the Iowa Supreme Court, the highest court in Iowa. Our country lives by and thrives by the rule of law, and the rule of law means we all follow the law as interpreted by our courts -- not by ourselves. We don’t each get to decide what the law is; that would lead to chaos. We must live by and follow what the courts decide.
Iowa’s recent Supreme Court ruling concluded: "The language in Iowa Code section 595.2 limiting civil marriage to a man and a woman must be stricken from the statute, and the remaining statutory language must be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage."
The Court’s ruling applies everywhere in Iowa, in every county. Recorders do not have discretion or power to ignore the Iowa Supreme Court’s ruling.
As we have advised recorders for several days: All county recorders in the state of Iowa are required to comply with the Varnum decision following issuance of procedendo from the Supreme Court, and to issue marriage licenses to same sex couples in the same manner as licenses issued to opposite gender applicants.
If necessary, we will explore legal actions to enforce and implement the Court’s ruling, working with the Iowa Dept. of Public Health and county attorneys.
END
There you have it. One of our state lawmakers, from a town of 290 people near the MN border, has decided that the state AG is enforcing the gay marriage decision more vigorously than the smoking ban. The fact that the county officials, whose responsibility it is to deal with these issues, are totally different folks with quite different functions seems to have escaped him. This argument is reminding me of what I’ve heard from the GOP the last couple of days trying to separate Abu Ghraib from Gitmo in the torture mess. They insist on comparing apples to oranges when it’s not appropriate and try to make it apples to apples when the opposite is true.
This is not a great diary. If someone else has already posted one or can come up with a better one, I’ll gladly take it down. I just continue to be proud of my state, even when our wingnuts spout crap.
Update: h/t operculum
April 27 is the first day licenses can be applied for. Then there is a 3 day waiting period, unless you obtain a waiver.
From One Iowa
* Two eligible people (at least 18 years old, not already married) must submit an application at the County Recorders office.
* A person, acquainted with both parties, must be present to sign an affidavit.
* Once the signed and notarized application has been submitted, along with the $35 fee you must wait three business days for your license to be valid. You can pick up your license on the fourth day.
* If you seek a waiver for the three day waiting period you must find a judge in the same district in which you filed your application. If the waiver is granted you can return to the County Recorder and pick up your license.
* Once your license is valid, you must have a marriage ceremony in Iowa within six months. Both parties must be physically present with an officiant and two witnesses, all of whom must sign the marriage certificate. The officiant is then required to file your certificate with the County Recorder within 15 days.
* We expect that this day will be joyous and celebratory, but if you have any difficulty please seek out the One Iowa volunteer or call (515) 288-4019.
* If protesters are present at the County Recorders office, do not engage with them.
Update 2: see this happy diary about a busload from Missouri heading to Iowa City!
Update 3: h/t 2LaneIA - Iowa Guy has a new blog, "Hitched in Iowa." It's still small but there is an email link to contribute info.