CIVIL UNION DISSOLUTION CASE IN IOWA: From 365Gay.com

The Iowa Supreme Court is being urged to throw out an appeal to a "divorce" granted a lesbian couple who had a civil union in Vermont.

Following their civil union Kimberly Jean Brown and Jennifer Sue Perez returned to their homes state of Iowa but their relationship broke down and they sought to have a judge grant them a divorce.

The petition for divorce was approved by District Judge Jeffrey A. Neary without a hearing. Both parties had a stipulated agreement, and Neary signed the dissolution decree before realizing the relationship he was ending involved two women.

Judge 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.

But a group of conservative lawmakers disagreed. The six filed an appeal with the state Supreme Court arguing that since Iowa has a so-called Defense of Marriage law a court cannot dissolve something which does not exist.

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posted by Eve at 1:28 AM | link

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