Iowa Court Says Gay Marriage Ban Unconstitutional

Discussion in 'Political Zone' started by CowboyWay, Apr 3, 2009.

  1. CowboyWay

    CowboyWay If Coach would have put me in, we'd a won State

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    Good for them !!!!! Congrats !!!

    DES MOINES, Iowa -- The Iowa Supreme Court announced its ruling in a landmark same-sex marriage case Friday morning.

    Read Court's Complete Ruling(pdf) | Read Court's Summary(pdf)
    The justices ruled unanimously in favor of six same-sex couples who sought to get marriage licenses, but were denied.

    The 69 page ruling means same-sex couples in Iowa can now get married under state law. The ruling said that 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 legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification," wrote the justices.

    The decision strikes the language from Iowa Code section 595.2 limiting civil marriage to a man and a woman. It further directs that the remaining statutory language be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage.

    Same-sex couples will be allowed to get married under Iowa law in 21 days.

    The court was reviewing a lower court's ruling that overturned the state's ban on same-sex marriages.

    The court's written ruling was to be issued on the Iowa Supreme Court's Web site, but traffic to the site crashed the server and took down the Web site.

    No Appeal

    Polk County Attorney John Sarcone told the Associated Press that his office won't ask for a rehearing, meaning the court's decision should take effect after that three-week period.

    "Our Supreme Court has decided it, and they make the decision as to what the law is and we follow Supreme Court decisions," Sarcone said. "This is not a personal thing, we have an obligation to the law to defend the recorder, and that's what we do."

    Advocates against same-sex marriage have said they would likely not appeal a ruling to the U.S. Supreme Court. They plan to ask lawmakers to pass a constitutional amendment and put the issue to voters.

    Reaction To Ruling
  2. burmafrd

    burmafrd Benched

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    I grew up in Iowa. During that time the family farm disapeared mostly due to the death taxes and slump in prices during the 70's and 80's. As more and more of the population became city based, naturally it became more liberal.
    And as the article pointed out, Iowa tended to be progressive in the old good sense. Now its just becoming liberal.
  3. bbgun

    bbgun Benched

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    Congrats to the two or three gay people who actually live in Iowa.
  4. Bob Sacamano

    Bob Sacamano Benched

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    I know where bbgun is headed

  5. DIAF

    DIAF DivaLover159

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    Don't they have a gay senator or congressman?
  6. Yeagermeister

    Yeagermeister Active Member

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    Finally you and bbgun can stop hiding your love :laugh1:
  7. big dog cowboy

    big dog cowboy THE BIG DOG Staff Member

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  8. bbgun

    bbgun Benched

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    "Iowa: Come for the bestiality, stay for the homosexuality."

    That'll look nifty on a license plate.
  9. ethiostar

    ethiostar Well-Known Member

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  10. Bob Sacamano

    Bob Sacamano Benched

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    I h8te bbdumb!
  11. Dallas

    Dallas Old bulletproof tiger

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    The state constitution will be changed by the voters once it gets to them.

    Good for them.
  12. ninja

    ninja Numbnuts

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    The issue won't be decided by some state constitution. All 50 states have to get together and come to a conclusion since any marriage in any state is valid in all other 50 states.

    If I move to Hawaii, my wife and I are still legally married because of me PA marriage license. This is one issue that needs to be the same for all 50 states.
  13. sacase

    sacase Well-Known Member

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    That is not quite true, there are some states that will not recognize same sex marriage licenses.
  14. tyke1doe

    tyke1doe Well-Known Member

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    It won't be solved until the Supreme Court steps in. And I doubt the Supreme Court as comprised currently would support gay marriage.

    It may take another 30-40 years before a more "sympathetic" court upholds gay marriage.
  15. ninja

    ninja Numbnuts

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    I think the law, as written and in effect now, states that any marriage license obtained in one state is valid in any other state. The federal law, as written and in standing now, does not mention or put conditions on which type of marriage.

    I believe the individual states are now adding clauses to their own state law. Still, if the federal law states that any marriage license valid in one state is valid in all 50, then there will be a problem.

    Which law supercedes, the federal or the state? Something has to give. The Supreme Court should stay on the sideline and officiate and not make law in this instance. The fifty states and the federal government are going to have to come to a solution FIRST. And then the court can rule it constitutional or not.
  16. sacase

    sacase Well-Known Member

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    Federal law doesn't recognize gay marriage either. For instance, you cannot claim being married on your taxes if you are gay. I belive marriage is a states issue.
  17. ninja

    ninja Numbnuts

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    Good point about the tax issue and gays not being allowed to claim married on their tax forms.

    Marriage is a state issue. The problem, as I see it, is that federal law says that any marriage license is valid in all 50 states. Before, this wasn't a problem because no states recognized or allowed gay marriage. Now, some states are allowing it.

    My marriage is valid in all 50 states. All states MUST recognize my PA marriage license according to federal law. And that law, I believe, doesn't include or exclude same-sex. Hence, the ambiguity.

    If 2 gays get married in Iowa and move to Ga, federal law tells GA to recognize the marriage even though the GA state law says don't. Then what?
  18. CanadianCowboysFan

    CanadianCowboysFan Lightning Rod

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    It might be different in the US but the normal rule for marriage is that as long as it is valid where it was performed, the rest of the world must recognize it. I think that was the reason there was a movement in the US a few years ago not to force each state to recognize gay marriages performed in Canada or in progressive Western European countries like the Netherlands and Belgium I believe it was.
  19. Doomsday101

    Doomsday101 Well-Known Member

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    I think the people and law of Iowa's will should be respected.
  20. Joe Rod

    Joe Rod When Keeping it Real Goes Wrong

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    Wow, I would never have guessed Iowa to have an issue with that in the first place. Is there even a big Gay population there?

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