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Thursday, January 13, 2005

IA SUPREME COURT TO HEAR CIVIL-UNION DISSOLUTION CASE: From 365Gay.com

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 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.

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