[ + ] Text [ – ]
IOWA COURT ISSUES DECISION IN LAMBDA LEGAL'S HISTORIC LAWSUIT: SAME-SEX COUPLES MUST BE ALLOWED TO MARRY
Iowa District Court Rules In Favor of Protecting Families
Iowa Court Issues Decision in Lambda Legal's Historic Lawsuit: Same-Sex Couples Must Be Allowed to Marry
In a powerful, closely reasoned 63-pp. decision released on August 30, 2007, an Iowa trial court struck down the exclusion of same-sex couples from marriage. The court found that the denial of marriage harms couples and their kids, while helping no one and serving no legitimate government interest. The ruling is a victory for families and fairness in America's heartland.
Read the Iowa Court decision here.
WHERE YOU CAN GO TO GET INVOLVED OR LEARN MORE:
One Iowa
One Iowa works for GLBT Equality in Iowa through voter identification, grassroots organizing and educational events. Visit their website to learn about community briefings that are being held in conjunction with Lambda Legal to discuss the recent Iowa court decision.
Lambda Legal
Lambda Legal, who filed the Iowa case, created a Marriage Equality Win in Midwest webpage containing links to the Iowa case, Vernum v. Brien, plaintiff stories and other important announcements and resources.
Freedom to Marry: Key Resources for Judicial/Courts
Visit our webpage to find key resources from Evan Wolfson on the role of courts in the freedom to marry, historical context of the fight for marriage in the courts, other websites to visit, publications, and so much more.
[TOP]
PUBLICATIONS:
Census Snapshot: Iowa
UCLA's Williams Institute released a study analyzing census data on same-sex couples in Iowa finding over 5,800 couples live throughout the state and are raising over 1,400 children. The report also discusses how these families have fewer economic resources and are actively engaged in the Iowa economy.
The un-American attacks on so-called activist judges
The American judicial system plays a crucial role in our system of checks and balances. Find out why the disingenuous attacks on our judges and courts cannot be allowed to continue.
[TOP]
NEWS:
Here comes the judge
IA Judge Hanson spelled out clearly that there are not shades of equality under the constitution. Either you are equal, or you are not. The institution of marriage, Hanson wrote, is "so woven into the fabric of daily life and so determinative of legal rights and status" that denial of a marriage license "amounts to a badge of inferiority" imposed on gay couples and their children.
As Iowa Court Strikes Down Marriage Discrimination, Freedom to Marry Releases Candidates' Guide
Candidates' Guide Outlines Responses for Inevitable Marriage Questions Following Iowa Court Ruling in Favor of Fairness for All Families
Religious leaders speak out in favor of marriage equality
The Rev. Benjamin Webb of St. Luke's Episcopal Church, has been married for 28 years. He said anyone willing to enter into that kind of covenant, who truly wants to make the relationship work, should be allowed that opportunity, though his religion has not yet taken such a clear-cut approach to the issue. "Anyone who has been married for a little while knows it is hard work," Webb said. "It's not about one's sex, but about the lifelong devotion two human beings are capable of and the hard work they are willing to put into their relationship. Why should we stand in the way of any brave souls who want to take it on."
OPINION: Marriage (and justice) for all
Limiting the rights and privileges of a group of law-abiding people runs counter to everything upon which this country is founded. Saying same-sex couples don't have the right to marry is no different than the gross segregation laws that forced blacks to the back of the bus and to "alternate" drinking fountains, restaurants and schools during the 1950s in the South.
BLOG: Activist judge enforces Constitution
In this case, the judge noted that U.S. Supreme Court and Iowa Supreme Court have deemed marriage a fundamental right. On that basis he applied strict scrutiny and shot down the law because the purported state interests — (1) promoting procreation, (2) promoting child-rearing in a mother-father setting, (3) promoting stability in opposite-sex relationships, (4) conserving public and private resources, and (5) "promoting the concept or integrity of traditional marriage" — are not compelling. In addition, the means of promoting those interest, namely a total ban on same-sex marriages, isn't narrowly tailored to produce those results. For instance, the defense never managed to articulate exactly how precluding gays from marrying promotes procreation.
OPINION: When judges rule, politicians drool
Hanson ruled that a law designed to marginalize a certain group of citizens has no place on the books. The Iowa Supreme Court may overrule him, but that message isn't going away. Fairness still means something, even in a country painted in dark shades of red and blue. Like it or not, history is on a long and arduous but constant arc toward greater acceptance and tolerance. You can slow it down, but you can't stop it.
IA judge separates his church and state
"I understand that he's an active, devout layperson in his church," said Gregory Palmer, the resident bishop of the Iowa Area United Methodist Church. "There are nominal United Methodists, but I don't believe the judge fits that description. Many devout United Methodists abhor our church's positions, and they're still United Methodists. He has accepted a covenant to interpret and understand the constitution of the state and of the United States."
Marriage ruling put on hold in IA
Judge Robert Hanson, in Polk County District Court, filed an order about 11:30 a.m. to delay the issuing of any more marriage licenses to same-sex couples in Iowa to give the state a chance to appeal the the historic ruling to the state supreme court. County officials said 21 marriage licenses were issued before 11:30, most apparently to same-sex couples. District Court Judge Scott Rosenberg waived the three-day waiting period for at least two same-sex couples. "Politics, I don't care about that," Rosenberg said. "I think had I not signed it, that would be a political statement. If I'm going to grant it for couples that are male and female, then why all the sudden should I change because a couple is the same sex?"
Judge: Same-sex couples can wed in IA
A county judge struck down Iowa's decade-old gay marriage ban as unconstitutional Thursday and ordered local officials to process marriage licenses for six gay couples. Gay couples from anywhere in Iowa could apply for a marriage license from Polk County under Judge Robert Hanson's ruling.
Marriage victory in IA district court
This article provides a good summary of the Iowa decision. From a legal perspective, the critical portion of the opinion is the judge's explanation of why the record compels the conclusion that the state's anti-gay Defense of Marriage Act (DOMA) is unconstitutional. He accepts the argument that the relevant issue under the state Constitution from a due process perspective is not whether 'gay marriage' is a fundamental right, but rather whether same-sex couples have the right to marry, since the right to marry is in itself a fundamental right.
[TOP]
Why Marriage Matters America, Equality, and Gay People's Right to Marry.
By Evan Wolfson
Read reviews! Purchase the book or receive a signed copy as a thank you for your donation!
Read families’ stories about how marriage discrimination affects everyday life. These stories communicate, in concrete ways, how the exclusion of same-sex couples from marriage hurts families and helps no one.
Start in The Marriage Basics to get short answers to your big questions about the freedom to marry, and learn more about the protections and responsibilities of marriage, the historical background for this civil rights movement, why separate is not equal, and so much more.
