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November 12, 2009
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Ear to the Ground

Iowa Is 3rd State to Recognize Gay Marriage

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Posted on Apr 3, 2009
Gay Iowa Flag
gayjourney.com

Iowa has joined Massachusetts and Connecticut as a state where same-sex marriage is legal.

Proving once again how awesome Iowa is and how the battle for civil rights continues, Iowa’s Supreme Court has ruled that its ban on same-sex marriage is unconstitutional, making it the third state to legalize gay marriage.

The New York Times:

The Iowa Supreme Court says the state’s same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making it the third state where gay marriage is legal.

In a unanimous ruling issued Friday, the court upheld a 2007 Polk County District Court judge’s ruling that the law violated the state constitution.

The case stems from a 2005 lawsuit filed by Lambda Legal, a New York-based gay rights organization. The group filed a lawsuit on behalf of six gay and lesbian Iowa couples who were denied marriage licenses.

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By Slow, April 6 at 12:51 am #
(Unregistered commenter)

Thank you for all the help.

Please check out the press release by Americans United fo the Separation of Church and State wherein you can download the judgement.

I especially like the part where the JUSTICES state (my paraphrasing) that denying the right of marriage to homosexuals is like demanding heterosexuals to become gay.

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By dihey, April 5 at 11:27 pm #

The most significant aspect of the ruling of the Iowa court is that it has clearly spelled out that a state can only deny equal protection if there are compelling justifications for such denial. Clearly there are none in the case of same-sex marriages. Such marriages are not life-threatening or in any other way detrimental to the citizens of Iowa. There remain plenty of heterosexual males and females for “hetero-marriages” after all homosexuals who want to get married get their knots tied.

A second significant aspect is that the court stated cogently that religious considerations may not enter into any justification to deny equal protection.

The critics of the Iowa ruling are typical cafeteria constitutionalists. They support only what they like (arms for everyone for example) but reject what they dislike.

Lastly, the ruling implies that all states which have passed a constitutional amendment “marriage is for one man and one woman only” are in violation of the US Constitution. Their amendments are null and void. Do you understand that California?

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By WykydRed, April 4 at 11:20 pm #

I am thrilled with this decision! Yes, there will be backlash. They always show up after a Constitutionally-overridden decision against the religious rulers. Man I want to see these decisions spread all over this country! Bravos to the judge!

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By SteveL, April 4 at 7:52 pm #

14th Amendment, section 1:
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the >>>equal protection of the laws<<<<

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By Slow, April 3 at 11:48 pm #
(Unregistered commenter)

Having spent a good deal of time in Iowa years ago, I know there are many people there who are open-minded and take fairness and justice seriously. I am also somewhat surprised however, because there is a strong conservative aspect to the state - consider Senator Grassley (or as I think of him -senator ghastly).
So, I would warn people to be prepared for a backlash.

I would very much like to read the exact wording of the Iowa Constitution which the court used to reach this startling and beautiful conclusion.

Thank you.

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By Russian Paul, April 3 at 2:11 pm #

This is very good news indeed.

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