Lawmakers take sides on gay marriage

By JASON CLAYWORTH and JENNIFER JACOBS • REGISTER STAFF WRITERS
February 10, 2008

A majority of Iowa's lawmakers - 123 of 150 - say they believe marriage should only be between a man and a woman.

But it's not clear whether those same lawmakers have enough votes to pass a constitutional amendment to ban same-sex marriage.

It's also not clear whether lawmakers will ever get a chance to vote on the issue.

A Des Moines Sunday Register survey of legislators shows the 100 members of Iowa's House of Representatives are split 50-50 on how they would vote on an amendment to prohibit gay marriage. Of the 50 who would support a constitutional amendment, 45 are co-sponsors of the legislation.

Among Iowa senators, 21 say they would vote yes on an amendment to prohibit gay marriage, 16 said they would vote no, seven say they're undecided and six declined to answer yes or no.

A resolution that would prohibit gay marriage was introduced nearly a year ago but became a hot topic after Polk County District Judge Robert Hanson ruled in August that an Iowa law was unconstitutional because it allowed marriage only between a man and a woman. Two Ames men were married before Hanson's decision was put on hold and appealed to the Iowa Supreme Court.

But the proposed resolution may never be voted on because Democratic leaders are "awfully afraid of it," according to Sen. David Johnson, a Republican from Ocheyedan.

The Democrats who control both chambers of the Legislature can block a proposed bill simply by ignoring it. Nearly a month into the 2008 session, Democratic leaders haven't assigned House Joint Resolution 8 to a subcommittee, which is one of the first steps needed for a proposal to become law.

That bill, or the similar Senate Joint Resolution 2001, would launch the process to amend the Constitution so that only marriages between a man and a woman are recognized in the state of Iowa.

"I've been assured by leadership that it won't come up," said state Sen. Wally Horn, a Democrat from Cedar Rapids.

Horn is one of the lawmakers who say they are undecided about how they would vote.

On the survey question about whether marriage should be only between a man and a woman, he answered: "If you took a poll of my district, they'd say no, but personally, I'd say yes. My district is more for gay marriage than against it."

Horn said his constituents sent him to Des Moines to make the decisions. "But if there's pressure there to let it go to a ballot, I'm not against that, either," he said.

The Des Moines Register's Iowa Poll showed in January 2006 that 54 percent of those surveyed were opposed to making a ban on gay marriage part of the state Constitution, while 39 percent were in favor and 7 percent were unsure.

Johnson believes a constitutional amendment would pass the Senate.

Amendments to the state Constitution must be approved by simple majorities, or 51 votes in the House and 26 votes in the Senate, in two consecutive general assemblies and then be approved by a simple majority of voters in the next general election. If a resolution were approved this year and in the 2009 or 2010 session, it could be on the general election ballot in November 2010.

"The bill's D.O.A.," said Republican Sen. Larry McKibben, the lead sponsor of the Senate version.

Republican senators hope to force a vote by slipping the proposal into an amendment they can tie to another bill.

"The culture and tradition of our state has always been that marriage is between a man and a woman," McKibben said. "If there has been a change in that, I think the citizens ought to vote the change."

A similar proposal in 2004 was narrowly defeated in the Senate.This time, Democratic leaders say they want to respect the judicial process - and wait for a ruling by the supreme court before deciding whether to take action.

The Register's survey of legislators shows the issue is not strictly divided among party lines. But, generally, Republicans support a constitutional amendment while Democrats oppose it.

"I'm 65 years old, and I just can't get it through my head at this age that it could be any different," said Republican Sen. Hubert Houser of Carson.

Seventy-six-year-old Rep. Dick Taylor, a Cedar Rapids Democrat, compared gay marriage to previous civil rights issues. He remembers when it was illegal for black and white people to marry. Taylor, who is white, also remembers using a "colored" bathroom in South Carolina in the 1950s. He was threatened and nearly beaten by several angry whites who argued that Taylor had jeopardized the sanctity of segregation.

"I don't have any problems with homosexuals marrying," Taylor said. "I have more problems with these people living together that ain't married that have kids they leave to the state to care for."

Seven Democrats, however, are ready to amend the Constitution to prevent gay marriage. One is Sen. Dennis Black of Grinnell, who said, "A basic tenet of my faith is one man, one woman, one time."

Another is Rep. Geri Huser of Altoona.

"People are against judicial activism, yet we as a Legislature have put nothing in the code for judges to address the situation," Huser said. "We're setting the judicial system up for failure because of our inaction."

But Huser said she supports granting contract rights to same-sex couples to address issues such as child custody and child support.

Two Republicans said they don't want to amend the Constitution.

"You don't need to put discrimination into the Constitution ever, no matter what the reason," said Sen. Mary Lundby, a Republican from Marion.

Rep. Chuck Gipp, a Republican from Decorah and the former House majority leader, said: "How I look at this is, I've been married for 36 years. I have my feelings about what marriage is and what it isn't. Is my marriage threatened by what somebody else thinks what marriage is? No, it's not. If it is, then that's my problem," Gipp said.

Another Republican, Sen. John Putney, said he is hesitant to "tamper with the Constitution in that manner," but reluctantly said he'd vote yes.

"I've never been into what other people do with their lives," said Putney, of Gladbrook. "I just hope (the resolution) never comes up."

Reporter Jason Clayworth can be reached at (515) 284-8002 or jclaywor@dmreg.com