Friday, April 3, 2009

In Iowa? For Reals!!


I'm in a meeting for 6 hours and Iowa approves Marriage equality!

Yes, the state I thought was lost to us, made a huge jump in social change.

Here's the stuff:

Today’s decision makes Iowa the first Midwestern state, and the third in the country, to allow same-sex marriages. Lambda Legal, a gay rights group, financed the court battle and represented six couples who challenged Iowa’s 10-year-old ban on gay marriage.

Supreme Court Justice Mark Cady, who wrote the unanimous decision, at one point invoked the court’s first-ever decision, in 1839, which struck down slavery laws 17 years before the U.S. Supreme Court upheld the right of a slave owner to treat a person as property.

Iowa’s gay marriage ban “is unconstitutional, because the county has been unable to identify a constitutionally adequate justification for excluding plaintiffs from the institution of civil marriage,” Cady wrote in the 69-page opinion that seemed to dismiss the concept of civil unions as an option for gay couples.

“A new distinction based on sexual orientation would be equally suspect and difficult to square with the fundamental principles of equal protection embodied in our constitution,” Cady wrote.

The ruling also addressed what it called the “religious undercurrent propelling the same-sex marriage debate,” and said judges must remain outside the fray.

Some Iowa religions are strongly opposed to same-sex marriages, the justices noted, while some support the notion.

“Our constitution does not permit any branch of government to resolve these types of religious debates and entrusts to courts the task of ensuring that government avoids them,” the opinion says.

The ruling explicitly does not affect “the freedom of a religious organization to define marriage it solemnizes as unions between a man and a woman,” the justices stressed.

The case, Varnum vs. Brien, involved couples who sued Polk County Recorder Timothy Brien in 2005 after his office denied them marriage licenses. Hanson sided with the couples last year but then suspended his decision pending a high court ruling.

You know the crazies are steaming, in fact:

Don't Hate...Celebrate!

5 comments:

Jamie Paisley said...

Whoa, I didn't know it was a unanimous decision... what'd'ya know?

YvesPaul said...

Yes, let every school child knows that homosexuality is not wrong.

Eric Arvin said...

I was taken off-guard by this as well. I really didn't expect it. But yay!

Sam said...

Well at this rate I'll be able to get married in about 20 years.

J. Clarence said...

I'm not actually surprised.

This was not a ballot measure where the people of Iowa supported same-sex marriages, after all those same people actually voted the ban in the first place. This was the Iowa supreme Court, which is a body of constitutional intellectuals; so it shouldn't be surprising that a state supreme court overrules a ban the majority of the population is actual in favor for.

That being said the decision presented by the Court really hits home everything gay advocacy groups have been arguing. Which at the very least implies it is getting through.

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Viktor is a small town southern boy living in Los Angeles. You can find him on Twitter, writing about pop culture, politics, and comics. He’s the creator of the graphic novel StrangeLore and currently getting back into screenwriting.