Iowa
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 decision here (pdf).
FROM EVAN WOLFSON:
Marriage Equality: A Cause and Conversation That Won't (and Shouldn't) Stop
Huffington Post
September 13, 2007
Evan Wolfson notes the recent events of an Iowa court decision striking down discrimination in marriage, the California legislature passing a marriage equality bill, and a Republican presidential candidate getting booed in New Hampshire for being anti-marriage, all proof that the conversation about the freedom to marry is unavoidable and present at the epicenters of presidential politics. Wolfson presents important points from the Iowa decision which exemplify why marriage matters and offers advice to presidential candidates with the Candidates' Guide on How to Support Marriage Equality and Get Elected.
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.
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LEGISLATIVE STATUS IN IOWA:
Freedom to Marry Legislative Maps
View and/or download United States maps tracking proposed legislation concerning marriage throughout our nation. Also, find maps showing the current status of protections for same-sex couples in our country and historical views of past marriage struggles.
Your Community-Iowa
HRC presents resources, news, and the current marriage and relationship recognition laws in each state.
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PUBLICATIONS:
Census Snapshot: Iowa
Williams Institute
August 2007
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 & courts cannot be allowed to continue.
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NEWS:
Love conquers all, regardless of gender
Rekha Basu emotionally recounts her attendance at a marriage of a same-sex couple saying, “Love is full of surprises: intimacy and distance, control and vulnerability, security and jealousy. But sometimes the surprise is to the outside observer.”
Study says marriage equality would boost Iowa's economy
A UCLA study says ending the exclusion of same-sex couples from marriage in Iowa would be a boon to the state economy.
Former Iowa Lt Govs Support Marriage Equality Case
Two former Iowa Lieutenant Governors, one a Republican the other a Democrat, submitted a brief Friday to the state Supreme Court arguing that the court, not the legislature or voters, is the place to decide the constitutionality of marriage equality. "We are proud of Iowa's long history in ensuring fairness and equality for all Iowans," said former Lt. Govs.Joy Corning (R) and Sally Pederson (D) in a joint statement.
Politicians and church leaders back marriage equality in Iowa
The fight for equality continues in the heart of rural America this week, as the Iowa Supreme Court considers a lawsuit brought by six same-sex couples denied marriage licences in the state. Senior attorneys from Lambda Legal, joined by former Iowa solicitor general Dennis Johnson, will argue that denying marriage to same-sex couples violates the equal protection and due process guarantees in the state's Constitution…At least 17 briefs will be filed with the Iowa Supreme Court by a wide array of local and national organizations and individuals on behalf of the six same-sex couples and their families. Supporters include doctors, social workers, scientists, historians and more than 200 clergymen and other faith leaders.
Discriminatory measure fizzles in House
A lawmaker's attempt to push legislation aimed at amending the Iowa Constitution to include marriage discrimination failed Tuesday.
Lawmakers take sides on anti-marriage constitutional amendment
Although the Iowa legislature is divided on their stance with regards to an anti-marriage constitutional amendment, the Des Moines Register’s Iowa Poll showed in January 2006 that 54 percent of those surveyed were opposed to writing discrimination into the state Constitution, while 39 percent were in favor and 7 percent were unsure.
Iowa Politicos Sue to Overturn Marriage Equality Ruling
Five Republican lawmakers in Iowa have filed court documents urging the state supreme court to overturn a Polk County judge's decision that struck down a marriage discrimination law.
Pair reflect on months as married couple
"I now realize how important marriage is," Sean said. "I've (known I am) gay since I was a teenager. Gay marriage was always something that's going to happen in the future, but I couldn't go get one, so it wasn't on the table. All the sudden it was on the table. And I got one. I was like, whoa, I really wanted this the whole time, and I was ready for it, and I just told myself I wasn't because it wasn't feasible."
Fischer: Let Iowa judges do jobs, decide marriage equality cases
Whether or not you agree with the decision, Judge Hanson issued a multi-page, well-written opinion based on testimony, expert opinion and constitutional analysis. That's exactly what judges should do. Those who disagree with the decision appealed to the Iowa Supreme Court. That is their right. Let the process move forward as it should, and let the Iowa Supreme Court make its own independent review.
Marriage discussion heats up Day 1
House Speaker Pat Murphy, a Dubuque Democrat, said legislative action on Iowa's marriage laws is premature. "I can't help but notice that Christopher wants to be a legislator, a judge and a jury. We need to let the judicial process take its process. This is before the Supreme Court. There's no reason to overreact. The bottom line is, we need to let that progress go forward. We don't see the courts in here trying to subvert the legislature. We shouldn’t be trying to subvert the judicial process, either."
Here comes the judge
Pride Source
September 6, 2007
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
Freedom to Marry
September 5, 2007
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 WCF Courier
September 5, 2007
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
The Record-Herald and Indianola Tribune
September 5, 2007
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
Subject to Complete Defeasance
September 3, 2007
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
Mason City Globe Gazette
September 2, 2007
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
Des Moines Register
September 1, 2007
"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
Des Moines Register
August 31, 2007
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
The Washington Post
August 30, 2007
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
Gay City News
August 30, 2007
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.
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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.
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.
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.
