Iowa Supreme Court: Same-Sex Marriage Ban Unconstitutional
The Supreme Court of Iowa on Friday unanimously ruled that a 1998 state law that defines marriage between one man and one woman is unconstitutional. The decision effectively makes gay marriage legal in Iowa.
Read the Iowa Supreme Court’s opinion.
From a report in The New York Times:
The decision was the culmination of a four-year legal battle that began in the lower courts. The Supreme Court said same-sex marriages could begin in Iowa in as soon as 21 days.
The case here was being closely followed by advocates on both sides of the issue. While the same-sex marriage debate has played out on both coasts, the Midwest — where no states had permitted same-sex marriage — was seen as entirely different. In the past, at least six states in the Midwest were among those around the country that adopted amendments to their state constitutions banning same-sex marriage.
“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.
And later in the ruling, they said: “Equal protection under the Iowa Constitution is essentially a direction that all persons similarly situated should be treated alike. Since territorial times, Iowa has given meaning to this constitutional provision, striking blows to slavery and segregation, and recognizing women’s rights. The court found the issue of same-sex marriage comes to it with the same importance as the landmark cases of the past.”
The Times went on to quote Iowa State Sen. Paul McKinley (R), an opponent of the decision:
“The decision made by the Iowa Supreme Court today to allow gay marriage in Iowa is disappointing on many levels,” State Senator Paul McKinley, the Republican leader, said in a statement on The Des Moines Register’s Web site. “I believe marriage should only be between one man and one woman and I am confident the majority of Iowans want traditional marriage to be legally recognized in this state.”
He added: “Though the court has made their decision, I believe every Iowan should have a voice on this matter and that is why the Iowa Legislature should immediately act to pass a Constitutional Amendment that protects traditional marriage, keeps it as a sacred bond only between one man and one woman and gives every Iowan a chance to have their say through a vote of the people.”
There are two states, Massachusetts and Connecticut, that allow gay marriage. Three states, Vermont, New Jersey, and New Hampshire, allow civil unions. California allowed gay marriage until November when voters approved Proposition 8, which is currently under legal challenges.
The Times reports Iowa has no residency requirement for obtaining a marriage license, which could lead to couples from other states going to Iowa to get married.