Iowa Supreme Court Makes Gay Marriage Legal

By Justin Gardner | Related entries in Iowa, Law, Religion, Sexuality

A genuine surprise from the Hawkeye State today because the ruling was unanimous.

Expect more of this type of thing to happen in the next couple years and challenge Obama’s opinion that gay marriage shouldn’t be legal…

“The Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution,” the justices said in a summary of their decision.

The court rules that gay marriage would be legal in three weeks, starting April 24. [...]

The ruling is viewed as a victory for the gay rights movement in Iowa and elsewhere, and a setback for social conservatives who wanted to protect traditional families.

So what does this mean for 2012?

Well, since Iowa is the first state in the primary cycle, this puts folks like Huckabee and Palin at the head of the pack. Because you know this will be THE issue.

UPDATE:
Here’s the opinion and an excerpt…

We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective. The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification. There is no material fact, genuinely in dispute, that can affect this determination.

We have a constitutional duty to ensure equal protection of the law. Faithfulness to that duty requires us to hold Iowa’s marriage statute, Iowa Code section 595.2, violates the Iowa Constitution. To decide otherwise would be an abdication of our constitutional duty. If gay and lesbian people must submit to different treatment without an exceedingly persuasive justification, they are deprived of the benefits of the principle of equal protection upon which the rule of law is founded.

More as it develops…


This entry was posted on Friday, April 3rd, 2009 and is filed under Iowa, Law, Religion, Sexuality. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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