Iowa Supreme Court to Review Lesbian Divorce

January 11, 2005

DES MOINES—The Iowa Supreme Court this week will hear a challenge to the granting of a dissolution of a civil union to two lesbians by a lower court judge more than a year ago.

The divorce had been granted to Kimberly Brown and Jennifer Perez. The Sioux City women had a civil union in Vermont in 2002 in Bolton, Vt. and then returned to Sioux City to live.

Neither of the women contested the dissolution, and Woodbury County District Judge Jeffrey Neary in November 2003 granted their petition.

Neary later said that it was not until after he had signed the divorce decree that he realized it involved a same-sex couple, but added that it would not had altered his decision.

Neary said he believed that under the legal concept of full faith and credit, he would be able to grant the divorce of a union that is legal in another state. The divorce also could be granted by applying equity and partnership laws that govern the business world, he said. He later altered the decree to reflect the broader scope.

But, a group of conservative lawmakers said the ruling violated the state's ban on gay marriage, arguing that granting a divorce, Judge Neary was acknowledging same-sex marriage.

The group appealed to the Supreme Court for a review of the ruling.

Lambda Legal filed a friend-of-the-court brief last June, signed by the Iowa Civil Liberties Union, the ACLU and the Lesbian, Gay, Bisexual and Transgender Community Center of Central Iowa, that urged the court to throw the case out. The brief argued that none of the parties involved in the challenge have legal standing to interfere in the case because they aren't harmed in any way by Judge Neary's decision.

This week's oral arguments will focus on whether individuals have the right to interfere with the trial court's authority.

We will urge the court to recognize that disapproval of gay couples doesn't give these groups or individuals the right to interfere in other people's personal lives, said Camilla Taylor, Staff Attorney in Lambda Legal's Midwest Regional Office, who will argue the case on Friday.

A judge in his rightful authority has already addressed this matter. Iowa judges regularly resolve a wide range of matters between couples who live together, regardless of the status of their relationship or whether they're married. said Taylor. A handful of legislators and others have tried to insinuate themselves into this particular case because this time it involves two lesbians.

In November, Iowans voted to retain Judge Neary , despite aggressive efforts by antigay groups to unseat him.