Does the three-day waiting period apply to applications filed by same sex couples?
Yes. Iowa law requires a three-day waiting period prior to a marriage license becoming valid: “Upon receipt of a verified application, the county registrar may issue the license which shall not become valid until the expiration of three days after the date of issuance of the license.” (Iowa Code section 595.4) Nothing in the Court’s decision waives this three-day waiting period. Accordingly, if the decision becomes effective April 27, 2009, a county recorder may accept receipt of verified applications and issue licenses on that date; such licenses would not become valid under the statute until Thursday April 30, 2009. Can the three-day waiting period be waived pursuant to a judicial order? Yes, in the same manner as such waiting period is waived for opposite gender parties. Iowa Code section 595.4 provides as follows: A license to marry may be validated prior to the expiration of three days from the date of issuance of the license in cases of emergency or extraordinary circumstances. A
