DES MOINES, Iowa, April 3, 2009
Iowa Gay Marriage Ban Unconstitutional
State's Supreme Court Says Law Violates Rights Of Gay And Lesbian Couples
-
(CBS/AP)
-
Interactive Same-Sex Marriage Debate State-by-state coverage, opinions, history, photos and a look at the amendment process.
-
State Fast Facts Iowa Learn about the people, economy and geography.
In its decision, the court upholds a 2007 Polk County District Court judge's ruling that the law violates the Iowa Constitution. It strikes the language from Iowa code limiting marriage to between a man a woman.
"The court reaffirmed that a statute inconsistent with the Iowa constitution must be declared void even though it may be supported by strong and deep-seated traditional beliefs and popular opinion," said a summary of the ruling issued by the court.
Court rules dictate that it will take about 21 days for the ruling to be considered final and a request for a rehearing could be filed within that period. That means it will be at least several weeks before gay and lesbian couples can seek marriage licenses.
Polk County Attorney John Sarcone said the county attorney's office will not ask for a rehearing, meaning the court's decision should take effect after that three-week period.
The case has been working its way through Iowa's court system since 2005 when Lambda Legal, a New York-based gay rights organization, filed a lawsuit on behalf of six gay and lesbian Iowa couples who were denied marriage licenses. Some of their children are also listed as plaintiffs.
The suit named then-Polk County recorder and registrar Timothy Brien.
"Iowa is about justice, and that's what happened here today," said Laura Fefchak, who was hosting a verdict party in the Des Moines suburb of Urbandale with partner of 13 years, Nancy Robinson.
Robinson added: "To tell the truth, I didn't think I'd see this day."
Quote
In its unanimous ruling, the Iowa Supreme Court upholds an August 2007 decision by Polk County District Court Judge Robert Hanson who found that a state law allowing marriage only between a man and a woman violates the constitutional rights of equal protection.
Iowa Code section 595.2 is unconstitutional because the County has been unable to identify a constitutionally adequate justification for excluding plaintiffs from the institution of civil marriage.
From Iowa Supreme Court opinion in Varnum v. BrienThe Polk County attorney's office, arguing on behalf of Brien, claimed that Hanson's ruling violates the separation of powers and said the issue should be left to the Legislature.
Lambda Legal scheduled a news conference for early Friday to comment on the ruling. A request for comment from the Polk County attorney's office wasn't immediately returned.
Around the nation, only Massachusetts and Connecticut permit same-sex marriage. California, which briefly allowed gay marriage before a voter initiative in November repealed it, allows domestic partnerships.
New Jersey and New Hampshire also offer civil unions, which provide many of the same rights that come with marriage. New York recognizes same-sex marriages performed elsewhere, and legislators there and in New Jersey are weighing whether to offer marriage. A bill that would legalize same-sex marriage in Vermont has cleared the Legislature but may be vetoed by the governor.
The ruling in Iowa's same-sex marriage case came more quickly than many observers had anticipated, with some speculating after oral arguments that it could take a year or more for a decision.
Richard Socarides, an attorney and former senior adviser on gay rights to President Clinton, said ruling carries extra significance coming from Iowa.
"It's a big win because, coming from Iowa, it represents the mainstreaming of gay marriage. And it shows that despite attempts [to] stop gay marriage through right wing ballot initiatives, like in California, the courts will continue to support the case for equal rights for gays," he said.
For more info:
By Associated Press Writer Amy Lorentzen
© MMIX The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
More From U.S.
Add a Comment See all 410 Comments
- Gays and Lesbians can live in whatever dreamworld they see fit to adopt. The state of Iowa has recognized gay marriage and associated all the rights and entitlements that come with it. That is fine, but please be aware that this is only mans civil recognition of the partnership. It does NOT mean that the partnership is recognized in the eyes of God. I will not cast judgment on those who choose to carry out this lifestyle, that judgment will take place by the Lord our god himself and at a time when all mankind are held in judgment for their sins. As for the comment that would God prefer a child be raised in a stable lesbian home rather than an abusive heterosexual home. Both of those "homes" exhibit sinful behavior therefore NEITHER of those environments would be suitable.That is like saying would God prefer a child to be raised in a den of snakes rather than a den of savage wolves. And as for the whole country adopting Iowa's position of Gay marriage in 2012, we better hope it happens prior to December that year, because according to prophecy we will all be gone by that time, in a massive cleansing!!
- Reply to this comment
- Please understand where most Christians (not the ones that are being overly loud on this issue) would like to just not have gay marriage CALLED marriage. Give it another name. Marriage was defined centuries ago. The courts are creating a new definition for a centuries-old word. Go ahead and have your civil rights. Take care of your families. Be given the opportunity to live as normal a life as possible. Just please call it something other than MARRIAGE. Someone out there is creative enough to find another name for your type of committment, because it isn't the same as marriage. Don't be offended by this because if it was the same you wouldn't be fighting for rights. I'm just suggesting you all talk to you congressman to find a TRUE definition for your type of civil union, because committing to a person of the same sex is not marriage.
- Reply to this comment
- We're sick of being marginalized by religous zealots and homophobic morons. YOURE WRONG on this issue, and you can damn well bet we'll keep fighting until we can marry.
The reason all of these state Suprme Courts are ruling in favor of gays and lesbians is because legally, by every single deifnition, we have the right to marrige just as you do. Now, you can find glitches that allow you to discriminate us such as writing specifically in a Constitution, the only thing over a Supreme Court, that marriage is between a 'manand a woman.' But it's not gonna work forever.
The younger generation overwhelmingly supports gay marriage, and gays and lesbians who want to marry want it more than you don't want us to. And stop pretending you have compassion for us, as you look us in the eyes and tell us we're not equal to you. How DARE you say such a thing, and then use your religion to back it up. We don't see you for any more than the zealots you are, so at least have the muster to say you honestly either you a) wish we didn't exist and you can't stand the thought of us or b) think armegeddon will happen after we're allowed to marry, and I'll have more respect for your pathetic selves then.
GAY MARRIAGE IN IOWA, VERMONT, MASSACHUSETTS, CONNECTICUT, AND THE UNITED STATES SOON ENOUGH! - Reply to this comment
- Congrats, Iowa! No More jokes about the Midwest now!!
Now, could someone find me a nice big Farmboy?! - Reply to this comment
- Well, I've enjoyed the discussion. I going to have to sign off. If you get these sources you can leave them on the site. Maybe I'll see them. We will just have to agree to disagree.
- Reply to this comment
- It was not me that changed the subject to faith. No, we are not talking about the Iowa Supreme Court decision anymore. You changed the subject. Yes, some of my beliefs about homosexuality are based on my faith and some of my beliefs are based on Science; just the same as your beliefs are based on whatever they are based on. What started this discussion today is my disgust with the Iowa Supreme Court decision and your approval of it.
- Reply to this comment
- Yes, you are right, there are 3 types of love. The love that God has for his people is not Eros love. I can't recall where Eros love is specifically mentioned in the Bible, but sexual sin is mentioned a lot.
- Reply to this comment
- Nope, just giving my opinion. That is why I said that I believe he would. The point that I was trying to make is that there is a lot of sin in the world. Is one sin any worse than another sin. Sin is sin. We all sin so we are all sinners. Does being a Christian make me any better than anyone else. No I am still a sinner. I just have the peace that only comes from God, which gets me through each day no matter what and Oh what a blessing that is.
- Reply to this comment
- There are different types of Love. The love in the Bible doesn't have anything to do with the physical kind of love/emotional love, but agape love that comes with commitment, which I believe is what you were just referring to.
The Bible also talks about man having sex with a man in the book of Judges and when it talks about Sodom and Gomorrah. It is in other places, but I would have to find them again. The Bible calls this lifestyle a sin. There are a lot of references to different types of sexual sin.
Does God hate homosexuals, no? Would God rather have a child placed in a loving supportive lesbian home, than in a heterosexual abusive home. Yes I believe he would. - Reply to this comment
- The law wasn't unconstitutional. We will have to wait until 2012. Then we will add it to our constitution like other states have. Then this won?t be an issue anymore.
- Reply to this comment
Ex-NBA ref Tim Donaghy 
