Sotomayor avoids saying whether marriage should be issue for federal courts
Sen. Charles Grassley had a testy exchange Wednesday with Judge Sonia Sotomayor about the federal government’s authority over marriage law.
During the Iowa Republican’s second turn at questioning the Supreme Court nominee, Grassley referred to a 1972 Supreme Court decision, Baker v. Nelson, in which the justices declined to consider a gay-marriage case. He asked whether she thought federal courts lacked authority to hear civil-rights cases involving marriage.
Sotomayor said the issue is pending in several courts, before Grassley cut her off.
“I thought I was asking a very simple question,” he said.
He ticked off a list of cases Sotomayor had referenced as precedent during her testimony on Tuesday. “You said these are precedents,” Grassley continued, raising his voice. “Now, are you saying to me that Baker v. Nelson is not a precedent?”
“It’s not that I’m attempting not to answer your question, Senator Grassley,” she said.
Grassley interrupted again, “Why are you hedging on this?”
Finally, Sotomayor said it had been since law school that she had reviewed the case, prompting Grassley to move on to another topic.
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The Des Moines Register
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Gay marriage law’s impact on Iowans subtle, yet powerful DesMoinesRegister.com -Gay marriage law’s impact on Iowans subtle, yet powerful
The April marriage ruling hasn’t enticed Jean and George Huffey’s two gay children to move back to Iowa from Wisconsin and Indiana, as the two parents had hoped.
Not many same-sex couples have relocated here in the two short months since the Iowa Supreme Court ruled on April 3 that both gay and straight couples have equal rights to marriage, anecdotal evidence suggests.
“It’s going to take time,” said Des Moines real estate agent Mindi McCoy, who had two same-sex clients from New York City look at properties, then decide against purchasing. “We’re still in kind of this honeymoon stage, no pun intended.”
Gay culture is sharply in focus this weekend as thousands gather to celebrate at the Capital City PrideFest in Des Moines. The Des Moines Register interviewed dozens of gays and lesbians to identify early trends since the first marriages took place April 27, including the effects on the ease of coming out of the closet, family relationships, religion, business, politics and the underground gay sex scene.
The changes in Iowa since the ruling are subtle but powerful to the individuals affected, according to both advocates and opponents.
Same-sex married couples who live here said they are already experiencing firsthand how Iowa law still treats them differently from opposite-sex couples.
Of the hundreds of same-sex Iowa couples who are now married - no state agency tracks the number of same-sex unions - some said they feel less guarded about holding hands or sharing a kiss in certain public settings.
“At your job, you don’t feel like you can’t have a picture of you and your partner up,” said Des Moines resident Justin De Vries.
Marriage seems to have been embraced mainly by same-sex couples with a history together: five years, a decade, 20 years or more. Some faith leaders have committed acts of quiet rebellion to marry them, even as their churches remain locked in debate over same-sex weddings.
“People are taking this as a very serious issue,” said Sharon Malheiro, a Des Moines lawyer. Couples are asking: ” ‘If we get married, what will the impact be? What are our obligations to each other?’ They’re not being nonchalant about it.”
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Military officials: Gay ban supercedes rights of Iowans to serve in Guard, marry
Military officials say the Iowa National Guard cannot recognize the same-sex marriages of its members, and must continue to adhere to the federal “Don’t Ask, Don’t Tell” policy prohibiting openly gay servicemembers. “Iowans serving honorably in the military should not have to choose between the protections of marriage and their dedication to serving our country,” said Carolyn Jenison, executive director of LGBT-rights group One Iowa. The Des Moines Register (Iowa) * Tags = gay men gay news lesbian news transgender bisexual
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More than 450 gay couples seek licenses
More same-sex couples sought marriage licenses in Polk County than any other large Iowa population center in the first week after a court ruling went into effect that legalized gay marriage in the state, county numbers show.
Polk County Recorder Julie Haggerty said 116 gay and lesbian couples had applied for licenses by Friday afternoon. More than two-thirds arrived on Monday, when the Supreme Court’s April 3 decision took effect, and dwindled as the week progressed. The proportion of same-sex couples compared with heterosexual couples also dropped later in the week in Polk County. By Friday, Haggerty said, only eight of the 25 couples who applied for licenses were of the same sex.
The Des Moines Register’s survey of county recorders offices indicates more than 450 same-sex couples sought marriage licenses last week. No state agency keeps track of marriage applications on a real-time basis. The Register contacted all 99 county recorders offices on the first day that same-sex couples could seek licenses and received updated tallies from selected offices on Friday.See More than 450 gay couples seek licenses
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360+ same-sex couples apply for marriage licenses; most in Polk Co.
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