Iowa Supreme Court strikes down gay marriage ban

[DSM4Life]

(Des Moines, Iowa) In a unanimous ruling, the Iowa Supreme Court Friday said that the state law banning same-sex marriage is unconstitutional - upholding a lower court ruling.

“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 the 69-page ruling.

The court also discounted civil unions as an alternative to marriage.

“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,” the ruling said.

The decision means that gay and lesbian couples may immediately obtain marriage licenses and be allowed to marry under Iowa law in 21 days.

Several hundred people - supporters and opponents of same-sex marriage - gathered outside the courthouse for the release of the ruling. A number of state troopers also were on hand, guarding the entrance to the building.

When the ruling was issued, gay rights supporters let out a massive cheer.

“Today’s victory is a testament to the strength of love, hope and courage,” Camilla Taylor, senior staff attorney at Lambda Legal and lead architect behind the lawsuit told a news conference.

“Our clients have shown an abundance of all three for many years and now at long last they will be able to marry. This will go down as another proud day in Iowa’s long history of protecting individual rights.”

Dennis Johnson, a former Iowa Solicitor General who also argued on behalf of the gay and lesbian couples had a message for gay couples.

“We have all of you courageous plaintiffs to thank: Go get married, live happily ever after, live the American dream,” he said.

One Iowa, a group supporting same-sex marriage, is planning victory rallies tonight across Iowa.

At the Legislature, Republican leaders renewed calls for a constitutional amendment banning same-sex marriage. But some GOP members said that in the days remaining in the session the focus should be on the economy.

Democrats who are in control of both houses and the governor’s mansion said they would not suspend the rules to deal with a proposed amendment.

“Today is a red letter day for the state of Iowa,” said openly gay state Sen. Matt McCoy (D) . “All of Iowa’s citizens now have equal protection under the law. Thousands of Iowans who have worked hard, raised families, and paid taxes will now be afforded the opportunity to marry.”

“As a life long Iowan, I know that fair-minded people throughout our state support equality for all. I have never been more proud of all the Iowans who have worked continuously for the advancement of human rights for all,” McCoy said in a statement.

Among the opponents of gay marriage gathered at the courthouse was Bob Vander Plaats, a GOP candidate for governor. Vander Plaats said the ruling will be a factor in next year’s gubernatorial election.

He accused Democratic Gov. Culver and the Legislature of dragging their heels on pushing for a constitutional amendment defining marriage as being between a man and a woman. If they had gotten on with it “we wouldn’t be dealing with this today,” he said.

Religious conservatives across the country blasted the court ruling.

“Today Iowa becomes the first state not on either of the nation’s two liberal coasts to impose homosexual ‘marriage’ or its mischievous twin, ‘civil unions,’ on its citizens through judicial tyranny. To call this decision bankrupt is to understate its perniciousness,” said LaBarbera, president of the Illinois-based Americans For Truth About Homosexuality. “The evil genius of the pro-sodomy movement is that it targets noble institutions like marriage and adoption in the name of ‘rights,’
and then perverts them to normalize aberrant behaviors.”

Six same-sex couples sued in 2007 for the right to marry. Polk County Judge Robert Hanson struck down the state Defense of Marriage lawn declaring it to be unconstitutional. Later the same day Hanson stayed the ruling pending an appeal.

The state Supreme Court heard oral arguments in the case last December.

Assistant Polk County Attorney Roger Kuhle argued that Hanson had overstepped his authority.

Kuhle also said that state support of same-sex marriage would damage traditional marriage, arguing that it would indicate to future generations that marriage is no longer about procreation.

“One could easily argue, and we do, that fostering same-sex marriage will harm the institution of marriage as we know it,” Kuhle told the justices. “It’s not going to happen tomorrow. We’re not going to see any changes tomorrow, next week, next year, in our generation. But you’ve got to look to the future.”

Lambda Legal attorney Camilla Taylor, representing the six couples who challenged the ban on gay marriage, told the court that the law violates Iowa’s constitution.

Taylor said that the constitution protects gay people’s rights to due process and equal protection.

Dennis Johnson, a former Iowa Solicitor General and now a Des Moines lawyer who also represented the same-sex couples, disputed Kuhle’s arguments that there would be long-term detrimental effects to gay marriage as “highly speculative.”

“The question is: Why are same sex couples kept out?” Johnson asked. “They have families, they would benefit from the stability, the financial stability. Their children would benefit.”

A poll released last year in Iowa found that a majority of people in the state support gay couples rights but are divided on whether that should be marriage or civil unions.

The poll, by the University of Iowa, found that 28.1 percent of those surveyed support same-sex marriage, while another 30.2 percent support civil unions but not marriage. A third of those questioned oppose any recognition of same-sex couples, with about 10 percent having no opinion or refusing to answer.

In a separate case the Iowa Supreme Court ruled in 2008 that co-adoptions by same-sex parents were legal.

The case involved a lesbian couple who had split up. While they were together one partner had adopted as a co-parent the children of her partner. When the relationship ended the birth mother asked a court if the other woman had visitation rights and could be compelled to pay child support.

A lower court ruled that co-adoptions by same-sex couples were illegal and threw out the case. The Supreme Court disagreed and ordered the lower court to revisit the case.

Friday’s ruling makes Iowa the third state to have legalized gay marriage, after Massachusetts and Connecticut. The Vermont House on Thursday approved gay marriage, but the Republican governor has threatened a veto.

Same-sex marriage was overturned in California in November by voters and a challenge was filed in the state Supreme Court. A ruling is expected within the next 60 days.

http://www.365gay.com/news/iowa-supr...-marriage-ban/

[jamyjamjr]

finaly...

im a straight man (i have been bi-curious at times, but never acted upon it... this is a normal thing from what i understand)

i dont see how we can go around bullying others as to how they can and cannot live their lives...

if you were to ask me what i thought about gay people when i was a teenager, i would have given you a close minded and stupid response...


NO ONE HAS THE RIGHT TO TELL OTHERS HOW TO LIVE THEIR LIVES

i dont care if your gay, straight, bi, red, yellow, pink, black, blue, or green....


we just had this issue in california with prop 8.. i cant believe that sh*t passed...

im disappointed at my own society, i thought we had evolved further then that

[DSM4Life]

finaly...

im a straight man (i have been bi-curious at times, but never acted upon it... this is a normal thing from what i understand)

i dont see how we can go around bullying others as to how they can and cannot live their lives...

if you were to ask me what i thought about gay people when i was a teenager, i would have given you a close minded and stupid response...


NO ONE HAS THE RIGHT TO TELL OTHERS HOW TO LIVE THEIR LIVES

i dont care if your gay, straight, bi, red, yellow, pink, black, blue, or green....


we just had this issue in california with prop 8.. i cant believe that sh*t passed...

im disappointed at my own society, i thought we had evolved further then that

It's very normal.

And i was very surprised that prop8 passed in CA.

[jamyjamjr]

yea, so was i....

i just recently did an abstract on the socio-psychological aspects of gay couples.. spent alota time in gay bars with gay friends... great research..

cant say i mind getting hit on by both sex's either... im an attention whore

[Hunter]

I think its an amazing thing when two people are in love no matter what their sex is. I hope some day soon gay marriage is allowed in all 50 states.

[BgMc31]

The word 'marriage' should be banned! Everyone should have civil unions. Marriage implies a religious basis and shouldn't be sanctioned by the government. Civil unions for all consenting adults should be the norm. It shouldn't matter who you spend the rest of your life with (as long as they are consenting adults). It seems to me that this whole debacle is centered around the word 'marriage'. This all could be eliminated if civil unions were the norm. If someone wants to get their union blessed by their religion, that's their personal choice, the government shouldn't have say so either way. Just my .02

[jamyjamjr]

we are a christian nation, that's the main obsticle we have...

christianity defines marriage as a bond between man and woman...

[DSM4Life]

yea, so was i....

i just recently did an abstract on the socio-psychological aspects of gay couples.. spent alota time in gay bars with gay friends... great research..

cant say i mind getting hit on by both sex's either... im an attention whore

Aren't the people at the gay just the funnest people ever !?
I love going just to hang out.

[bushido3374]

I think it's only a matter of time before same sex marriage is legalized. When you think about it, it was less than a full generation ago that racial apartheid was practiced in the South with full support of the government. Changes take some time, unfortunately.

[DSM4Life]

The word 'marriage' should be banned! Everyone should have civil unions. Marriage implies a religious basis and shouldn't be sanctioned by the government. Civil unions for all consenting adults should be the norm. It shouldn't matter who you spend the rest of your life with (as long as they are consenting adults). It seems to me that this whole debacle is centered around the word 'marriage'. This all could be eliminated if civil unions were the norm. If someone wants to get their union blessed by their religion, that's their personal choice, the government shouldn't have say so either way. Just my .02

I agree.

Hey i see it like this :

Keep your f***king word marriage. I don't care what the hell you call my partnership just give me 100% the same benefits. Thats all "we" want .

[jamyjamjr]

Aren't the people at the gay just the funnest people ever !?
I love going just to hang out.

it was interesting.. everyone seems so much more CHILL..

i also noticed that it was ALOT easier to open up conversations with girls at gay bars cuz their defenses (bitch sheilds) arn't up...

let's not forget that any community that gay people occupy seems to become a better place (ie less crime, rise in house prices, nicer area..)

[DSM4Life]

I think it's only a matter of time before same sex marriage is legalized. When you think about it, it was less than a full generation ago that racial apartheid was practiced in the South with full support of the government. Changes take some time, unfortunately.

Yup, once all the "old school" people die off it will come around.

[DSM4Life]

it was interesting.. everyone seems so much more CHILL..

i also noticed that it was ALOT easier to open up conversations with girls at gay bars cuz their defenses (bitch sheilds) arn't up...

let's not forget that any community that gay people occupy seems to become a better place (ie less crime, rise in house prices, nicer area..)

The best is when someone buys me a drink . About time the tables were flipped, no more having to only buy women drinks. GIVE ME SOME ATTENTION ! (att whore myself)

[jamyjamjr]

The best is when someone buys me a drink . About time the tables were flipped, no more having to only buy women drinks. GIVE ME SOME ATTENTION ! (att whore myself)

hey, i'd buy you a drink anyday

[DSM4Life]

hey, i'd buy you a drink anyday

[bushido3374]

LMAO @ the winking animation. You always post off the wall responses. Every so often I'll read one and just crack up.

[jamyjamjr]

lets not make your bf jealous here (i dont wanna get my ass kicked.. hahiahahaha )

[NewMuscle83]

I don't think the issue is the rights, I think it's just Christians and other religious people having a problem with it....and I kinda agree. Marriage is a religious custom, where you are validating your union before your God. So I don't understand why gays are insisting on the term marriage, when its a term from a religion that forbids homosexuality. I don't have a problem whatsoever in civil unions or whatever the heck you wanna call 'em, as long as all "couples" get the same rights. I just have to agree that it shouldn't be called marriage.

[DSM4Life]

I don't think the issue is the rights, I think it's just Christians and other religious people having a problem with it....and I kinda agree. Marriage is a religious custom, where you are validating your union before your God. So I don't understand why gays are insisting on the term marriage, when its a term from a religion that forbids homosexuality. I don't have a problem whatsoever in civil unions or whatever the heck you wanna call 'em, as long as all "couples" get the same rights. I just have to agree that it shouldn't be called marriage.

I totally agree with you. Like i said, Keep the word, just give me the same benefits as everyone else.

[NewMuscle83]

on a side note...IOWA?????!!!!

Isn't that hick country bible belt region??? And us liberals in CA opposed it??

I find that kinda ironic...

[DSM4Life]

on a side note...IOWA?????!!!!

Isn't that hick country bible belt region??? And us liberals in CA opposed it??

I find that kinda ironic...

Me and the b/f were talking about that today. Very ironic.

[Ernst]

The dumb part is that they had to wait for them to be ALLOWED by the state.

I am constantly amazed that in America of all places we allow this intolerance and crap to continue.

[jamyjamjr]

well shit, arn't we all just fcuking retards...

[Indymuscleguy]

I totally agree with you. Like i said, Keep the word, just give me the same benefits as everyone else.

I agree. Short story...my best buddy growing up lives in Manhattan and has been partnered since 1992, the same year I married. I have 2 kids, they have none, I pay for all benefits for 4, they pay individually, If I die, my wife gets it all, if my buddy dies, it's a free for all.

We came from a very rural area of Indiana. A place where they totally freaked out over an African-American President. They went so far as to refuse to speak to me b/c I voted for such a historical event. God forbid they try to pass gay marriage in Indiana, it will never happen.

Believe me, working in Cancer Medicine, life is WAY TOO SHORT. It's my belief that we are all sexual beings. Straight, Bisexual, or Gay, it's a physical and chemical reaction that causes the attraction, in short. Are there more factors, probably.

I would like to ponder if any of the gay bashers were in need of an organ transplant, would they have a transplanted organ removed if they found out the doner was gay?

[DSM4Life]

I would like to ponder if any of the gay bashers were in need of an organ transplant, would they have a transplanted organ removed if they found out the doner was gay?

Same thing with the no gays in the military. I would love to see every LBGT man/woman drop their guns and just walk out. Im sure it would prove a point to have the military lose thousands of soldiers in one day.

Gay marriage will come around. Just like it use to be illegal for black and whites to marry. All in due time.

[Matt]

I dont understand anyone who wants to get married? Its just a word, if i love someone enough then i will be with them, i dont need to be married for that...

[DSM4Life]

I dont understand anyone who wants to get married? Its just a word, if i love someone enough then i will be with them, i dont need to be married for that...

Its all about benefits.

[Coop77]

Unfortunately I think this will only be temporary in Iowa. The same thing happened in CA - the court said the ban was unconstitutional, so the people changed the constitution (prop 8). If Californians won't accept gay marriage, the people of Iowa definitely won't. Gay marriage will be banned again in Iowa after the next election.

[Matt]

Its all about benefits.

Im with it lol, i like this plan.

I wonder if i can marry charlie??

[tyward]

Wow, is it possible that I can agree with every comment in a thread? This is a first! f course it is about benefits, and rights. The right to visit someone in the hospital, how basic is that? The only good thing about this battle is that it keeps all those nut-case Christian fundamentalists busy so their not coming after me.
and DSM, where do you get all those amazing graphics? I am constantly astounded.

[DSM4Life]

and DSM, where do you get all those amazing graphics? I am constantly astounded.

[CBGB]

I am embarrassed to live in the same state as Westboro Baptist. (DSM, I'm sure you know who that is) Every time I hear that M'fers name I want to shoot somebody. I don't understand why we all can't mind our fvcking business. Gay people should have the right to be just as miserable as us married folk.


On a side note. Every once in a while I go with a couple friends to their club, and it is always a good time. Never worried about getting in a fight there, and the drag show is awesome.

[QuieTSToRM33]

If marriage is a religious institution ... then how come divorce goes through the judicial system ?

[jamyjamjr]

^^ religion and the state are always mixed....

[Abominator]

[Indymuscleguy]

If marriage is a religious institution ... then how come divorce goes through the judicial system ?

Amen and pass the mustard!

[DSM4Life]

We need a gay month. I am writing Obama right now.