Judge Won’t Marry Gays in Iowa on Monday

The Des Moines Register is reporting that at least one Iowa magistrate has chosen not to participate in marriage ceremonies for same-sex couples after the ruling goes into effect on Monday.

Third District Magistrate Francis Honrath of Larchwood has chosen not to participate in the up coming marriage ceremonies and was quoted as saying “The Supreme Court ruling had something to do with it, but the truth is it’s not just same-sex marriage I had problems with.”

Honrath claims he has had reservations about conducting marriages for heterosexuals in the past, but didn’t realize until after the April 3 Iowa high court ruling that he could completely opt out of conducting marriages at all and still keep his job.

District 3 Chief Judge Duane Hoffmeyer believes other court officials may also opt-out of performing marriages which may create a challenge for same-sex couples and heterosexual couples wanting to get married as well.

“Some have never done any marriages,” Hoffmeyer said. “It’s up to the individual and, to be honest, with everything that’s going on, some are still unresolved on whether they will or won’t.”

A spokesman for the Iowa Attorney General, Bob Brammer, said that Honrath and any other court official is within their right to opt-out of performing marriages.

“In our view, judges and magistrate judges have discretion whether they choose to participate in wedding ceremonies or not,” Brammer said. “If they do, they should certainly do so without bias or prejudice, as per the Code of Judicial Conduct.”

Some judges could begin to opt-out of performing marriages as a way to avoid ‘possible political consequences’ when up for re-election.

Jeffrey Lipman, president of the Iowa Magistrate Association, said he is not aware of any other magistrate in the state who has decided to stop performing marriages. Lipman doubts that any couples, either gay or straight, will find it difficult to locate someone who is willing to perform a civil marriage.