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Iowa Court Strikes Same-Sex Marriage Ban
By JOE MURRAY, The Bulletin
In one of the strongest decisions supporting same-sex marriage to date, a unanimous Iowa Supreme Court struck down the state’s ban and became the first Midwestern state to legalize same-sex marriages. Iowa is the fourth state to grant full legal recognition to same-sex couples.
“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 opinion stated. “The Legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.”
In rendering its decision, the Iowa Supreme Court classified same-sex marriage as a right worthy of intermediate scrutiny. The impact of such a classification means the government, in attempting to exclude same-sex couples from civil marriage, must be motivated by justifications that are “exceeding persuasive” and such justifications have to be “substantially related to achievement of those objectives.”
Under the rationale-basis review, which was the standard prior to the landmark decision, the judicial scrutiny applied was substantially less. Even more telling, the Iowa court reserved the right to revisit the case and apply strict scrutiny, the highest level of judicial protection, to same-sex marriage cases.
The decision, which struck down Iowa’s 1998 Defense of Marriage Act limiting marriage to one man and one woman, sent shockwaves through conservative circles inside and outside Iowa.
“I can’t think of a more activist decision that has been made by this Iowa Supreme Court,” U.S. Rep. Steve King, R-Iowa, who helped write the law, said while appearing on a WHO-AM radio talk show.
“It turns immediately Iowa into the Mecca for same-sex marriages — a destination state. There will be weekend packages that are being planned right now. It will be the Las Vegas of same-sex marriage for America if the Legislature doesn’t act now.”
Opponents of same-sex marriage are urging the Iowa Legislature to pass a constitutional amendment banning same-sex marriage. California conservatives responded in a similar fashion when their state’s Supreme Court legalized same-sex marriage, and opponents successfully amended the California constitution to ban such marriages.
But despite the alarm bells, the earliest the Iowa Legislature could pass an amendment to the Iowa constitution would be during the 2011 session. Under Iowa law, an identical resolution must pass the House and Senate in two consecutive sessions before heading to the voters for ratification.
And even the 2011 session is looking bleak as Democrats in Des Moines said it was extremely unlikely lawmakers would address the issue before they adjourn the 2009 regular session as early as this week.
Many Iowa lawmakers say they are proud of the court’s decision and argue the ruling is the proper evolution of Iowa’s commitment to civil rights.
“The court has ruled today that when two Iowans promise to share their lives together, state law will respect that commitment, regardless of whether the couple is gay or straight,” Senate Majority Leader Mike Gronstal, D-Council Bluffs, and House Speaker Pat Murphy, D-Des Moines, said in a joint statement. “When all is said and done, we believe the only lasting question about today’s events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency.”
Conservatives, however, charge Iowans did not render the decision to recognize same-sex marriages and note that legalization of such unions are being driven largely by a “judicial elite.”
“The Iowa Supreme Court has become a proselytizing engine of radical social change,” said Mat Staver, president and founder of Liberty Counsel.
But as many states begin to grapple with same-sex marriage rights, proponents believe the legal victory in Iowa is just the beginning.
“This decision shows that Middle America is with us,” said Terry Hamilton, national chairman of the Log Cabin Republicans. “In Iowa and across America, there are conservative, moderate and liberal gays and lesbians — Republicans, Democrats and independents — who are working very hard to achieve marriage equality. This ruling supports all their efforts and shows that fairness and equality do not belong to just one party label.”
But even as Iowans enter the gay marriage fray, polling data still supports limiting marriage between a man and a woman.
A CNN/Opinion Research Corporation poll conducted in December found 55 percent opposing the legalization of same-sex marriages and 44 percent supporting. Women and young people are more supportive of same-sex marriage rights than men and senior citizens.
Joe Murray can be reached at jmurray@thebulletin.us
“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 opinion stated. “The Legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.”
In rendering its decision, the Iowa Supreme Court classified same-sex marriage as a right worthy of intermediate scrutiny. The impact of such a classification means the government, in attempting to exclude same-sex couples from civil marriage, must be motivated by justifications that are “exceeding persuasive” and such justifications have to be “substantially related to achievement of those objectives.”
Under the rationale-basis review, which was the standard prior to the landmark decision, the judicial scrutiny applied was substantially less. Even more telling, the Iowa court reserved the right to revisit the case and apply strict scrutiny, the highest level of judicial protection, to same-sex marriage cases.
The decision, which struck down Iowa’s 1998 Defense of Marriage Act limiting marriage to one man and one woman, sent shockwaves through conservative circles inside and outside Iowa.
“I can’t think of a more activist decision that has been made by this Iowa Supreme Court,” U.S. Rep. Steve King, R-Iowa, who helped write the law, said while appearing on a WHO-AM radio talk show.
“It turns immediately Iowa into the Mecca for same-sex marriages — a destination state. There will be weekend packages that are being planned right now. It will be the Las Vegas of same-sex marriage for America if the Legislature doesn’t act now.”
Opponents of same-sex marriage are urging the Iowa Legislature to pass a constitutional amendment banning same-sex marriage. California conservatives responded in a similar fashion when their state’s Supreme Court legalized same-sex marriage, and opponents successfully amended the California constitution to ban such marriages.
But despite the alarm bells, the earliest the Iowa Legislature could pass an amendment to the Iowa constitution would be during the 2011 session. Under Iowa law, an identical resolution must pass the House and Senate in two consecutive sessions before heading to the voters for ratification.
And even the 2011 session is looking bleak as Democrats in Des Moines said it was extremely unlikely lawmakers would address the issue before they adjourn the 2009 regular session as early as this week.
Many Iowa lawmakers say they are proud of the court’s decision and argue the ruling is the proper evolution of Iowa’s commitment to civil rights.
“The court has ruled today that when two Iowans promise to share their lives together, state law will respect that commitment, regardless of whether the couple is gay or straight,” Senate Majority Leader Mike Gronstal, D-Council Bluffs, and House Speaker Pat Murphy, D-Des Moines, said in a joint statement. “When all is said and done, we believe the only lasting question about today’s events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency.”
Conservatives, however, charge Iowans did not render the decision to recognize same-sex marriages and note that legalization of such unions are being driven largely by a “judicial elite.”
“The Iowa Supreme Court has become a proselytizing engine of radical social change,” said Mat Staver, president and founder of Liberty Counsel.
But as many states begin to grapple with same-sex marriage rights, proponents believe the legal victory in Iowa is just the beginning.
“This decision shows that Middle America is with us,” said Terry Hamilton, national chairman of the Log Cabin Republicans. “In Iowa and across America, there are conservative, moderate and liberal gays and lesbians — Republicans, Democrats and independents — who are working very hard to achieve marriage equality. This ruling supports all their efforts and shows that fairness and equality do not belong to just one party label.”
But even as Iowans enter the gay marriage fray, polling data still supports limiting marriage between a man and a woman.
A CNN/Opinion Research Corporation poll conducted in December found 55 percent opposing the legalization of same-sex marriages and 44 percent supporting. Women and young people are more supportive of same-sex marriage rights than men and senior citizens.
Joe Murray can be reached at jmurray@thebulletin.us
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