Iowa strkes down ban on same-sex marriage
poto101
Posts: 446
http://www.cnn.com/2009/POLITICS/04/03/ ... index.html
The Iowa Supreme Court struck down a state law Friday that banned same-sex marriage.
Iowa becomes the third state in the nation to allow same-sex marriage, after Massachusetts and Connecticut.
Friday's decision upheld a 2007 ruling by a lower court that Iowa's 1998 law limiting marriage to heterosexual couples went against the state's constitution. It becomes effective in 21 days.
"This is a great day for civil rights in Iowa," said attorney Dennis Johnson, a co-counsel with Lambda Legal, which filed the lawsuit on behalf of six same-sex couples seeking to marry in Iowa. "Go get married. Live happily ever after," he said at a news conference where there was loud clapping among plaintiffs.
Other organizations were not pleased. "It's, quite frankly, a disaster," said Brian English, a spokesman for the Iowa Family Policy Center. "Obviously, we're extremely disappointed. We're saddened, perhaps a little bit surprised in the unanimous decision that the court handed down."
The state's highest court determined 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," court spokesman Steve Davis said in a written statement. Read PDF of court ruling
"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," the statement on the court's Web site says.
The Iowa Supreme Court said it has the responsibility to determine if a law enacted by the legislative branch and enforced by the executive branch violates the Iowa Constitution. "The court reaffirmed that a statute inconsistent with the Iowa Constitution must be declared void, even though it may be supported by strong and deep-seated traditional beliefs and popular opinion," the court said.
Polk County District Judge Robert Hanson found that the law violated the Iowa Constitution's guarantee of equal protection, and hurt gay and lesbian couples "in numerous tangible and intangible" ways
"Civil marriage in Iowa is the only gateway to an extensive legal structure that protects a married couple's relationship and family in and outside the state," Hanson ruled in Des Moines.
"Iowa reserves an unparalleled array of rights, obligations and benefits to married couples and their families, privileging married couples as a financial and legal unit and stigmatizing same-sex couples."
The case was joined on appeal by several state lawmakers who opposed Hanson's ruling, calling it "a mockery of the judicial system." They argued that the ruling stepped on the state Legislature's authority by using the courts "to effectuate fundamental changes in public policies regarding marriage."
Legislatures in two New England states, Vermont and New Hampshire, have taken steps toward legalizing same-sex marriages.
The Vermont Senate and House have voted to legalize same-sex marriage -- the House voted Thursday night -- but Vermont's governor has said he will veto the measure. New Hampshire's governor has signaled his opposition in the past.
Vermont, New Hampshire and New Jersey allow civil unions for gay and lesbian couples.
Nationwide, the issue of same-sex marriage remains highly divisive. A June 2008 CNN/Opinion Research Corp. poll found that 44 percent of adult Americans believe gay marriage should be recognized by law as valid; 53 percent are opposed.
The issue took center stage in the largest U.S. state in November, when California voters narrowly approved a proposition amending the state constitution to ban same-sex marriage. California had been issuing marriage licenses to same-sex couples since a May 2008 ruling by the state Supreme Court legalized the unions
Not an Iowa native, but i am proud to be in the state right now.
The Iowa Supreme Court struck down a state law Friday that banned same-sex marriage.
Iowa becomes the third state in the nation to allow same-sex marriage, after Massachusetts and Connecticut.
Friday's decision upheld a 2007 ruling by a lower court that Iowa's 1998 law limiting marriage to heterosexual couples went against the state's constitution. It becomes effective in 21 days.
"This is a great day for civil rights in Iowa," said attorney Dennis Johnson, a co-counsel with Lambda Legal, which filed the lawsuit on behalf of six same-sex couples seeking to marry in Iowa. "Go get married. Live happily ever after," he said at a news conference where there was loud clapping among plaintiffs.
Other organizations were not pleased. "It's, quite frankly, a disaster," said Brian English, a spokesman for the Iowa Family Policy Center. "Obviously, we're extremely disappointed. We're saddened, perhaps a little bit surprised in the unanimous decision that the court handed down."
The state's highest court determined 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," court spokesman Steve Davis said in a written statement. Read PDF of court ruling
"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," the statement on the court's Web site says.
The Iowa Supreme Court said it has the responsibility to determine if a law enacted by the legislative branch and enforced by the executive branch violates the Iowa Constitution. "The court reaffirmed that a statute inconsistent with the Iowa Constitution must be declared void, even though it may be supported by strong and deep-seated traditional beliefs and popular opinion," the court said.
Polk County District Judge Robert Hanson found that the law violated the Iowa Constitution's guarantee of equal protection, and hurt gay and lesbian couples "in numerous tangible and intangible" ways
"Civil marriage in Iowa is the only gateway to an extensive legal structure that protects a married couple's relationship and family in and outside the state," Hanson ruled in Des Moines.
"Iowa reserves an unparalleled array of rights, obligations and benefits to married couples and their families, privileging married couples as a financial and legal unit and stigmatizing same-sex couples."
The case was joined on appeal by several state lawmakers who opposed Hanson's ruling, calling it "a mockery of the judicial system." They argued that the ruling stepped on the state Legislature's authority by using the courts "to effectuate fundamental changes in public policies regarding marriage."
Legislatures in two New England states, Vermont and New Hampshire, have taken steps toward legalizing same-sex marriages.
The Vermont Senate and House have voted to legalize same-sex marriage -- the House voted Thursday night -- but Vermont's governor has said he will veto the measure. New Hampshire's governor has signaled his opposition in the past.
Vermont, New Hampshire and New Jersey allow civil unions for gay and lesbian couples.
Nationwide, the issue of same-sex marriage remains highly divisive. A June 2008 CNN/Opinion Research Corp. poll found that 44 percent of adult Americans believe gay marriage should be recognized by law as valid; 53 percent are opposed.
The issue took center stage in the largest U.S. state in November, when California voters narrowly approved a proposition amending the state constitution to ban same-sex marriage. California had been issuing marriage licenses to same-sex couples since a May 2008 ruling by the state Supreme Court legalized the unions
Not an Iowa native, but i am proud to be in the state right now.
It's all happening....
East Troy 2003
Chicago x2, Summerfest x2, 2006
Chicago THE VIC, Lollapalooza, 2007
bonnaROOOOOOO 2008
Chicago x2 2009
(EV chicago 2008 night 2)
East Troy 2003
Chicago x2, Summerfest x2, 2006
Chicago THE VIC, Lollapalooza, 2007
bonnaROOOOOOO 2008
Chicago x2 2009
(EV chicago 2008 night 2)
Post edited by Unknown User on
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Comments
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huge kudos to iowa! well done!
can't wait to see the day that this happens in all 50 states. one by one, we'll get there, and rightly so. marriage is first and foremost a legal right/agreement of all citizens...the religious/spiritual aspects, if they exist, are a whole other - seperate - institution.Stay with me...
Let's just breathe...
I am myself like you somehow0 -
I went to school and lived in Iowa for 5 years, and while I'm not a true native I feel like Iowa is "home" in many ways.
Good to hear they struck that down! While I thought California would have done it waaaaaay before Iowa, it just leads me to believe that Iowa is just a much smarter state
.
Go Iowa!
Go Hawkeyes!0 -
Iowa? Who would have thunk it?
Good on them...My whole life
was like a picture
of a sunny day
“We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
― Abraham Lincoln0 -
blackredyellow wrote:Iowa? Who would have thunk it?
Good on them...
kinda like being the first caucus..who would have thunk it?It's all happening....
East Troy 2003
Chicago x2, Summerfest x2, 2006
Chicago THE VIC, Lollapalooza, 2007
bonnaROOOOOOO 2008
Chicago x2 2009
(EV chicago 2008 night 2)0 -
Iowa is the home to the forefront on many social issues. It was among the first to legalize interracial marriages and allow women to own property. It was also the first state to allow women into the bar & practice law. It also led the way on desegregation. It has a lot to be proud of.0
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I did not know that...JR8805 wrote:Iowa is the home to the forefront on many social issues. It was among the first to legalize interracial marriages and allow women to own property. It was also the first state to allow women into the bar & practice law. It also led the way on desegregation. It has a lot to be proud of.
Go Iowa!Believe me, when I was growin up, I thought the worst thing you could turn out to be was normal, So I say freaks in the most complementary way. Here's a song by a fellow freak - E.V0 -
poto101 wrote:http://www.cnn.com/2009/POLITICS/04/03/iowa.same.sex/index.html
The Iowa Supreme Court struck down a state law Friday that banned same-sex marriage.
Iowa becomes the third state in the nation to allow same-sex marriage, after Massachusetts and Connecticut.
Friday's decision upheld a 2007 ruling by a lower court that Iowa's 1998 law limiting marriage to heterosexual couples went against the state's constitution. It becomes effective in 21 days.
"This is a great day for civil rights in Iowa," said attorney Dennis Johnson, a co-counsel with Lambda Legal, which filed the lawsuit on behalf of six same-sex couples seeking to marry in Iowa. "Go get married. Live happily ever after," he said at a news conference where there was loud clapping among plaintiffs.
Other organizations were not pleased. "It's, quite frankly, a disaster," said Brian English, a spokesman for the Iowa Family Policy Center. "Obviously, we're extremely disappointed. We're saddened, perhaps a little bit surprised in the unanimous decision that the court handed down."
The state's highest court determined 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," court spokesman Steve Davis said in a written statement. Read PDF of court ruling
"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," the statement on the court's Web site says.
The Iowa Supreme Court said it has the responsibility to determine if a law enacted by the legislative branch and enforced by the executive branch violates the Iowa Constitution. "The court reaffirmed that a statute inconsistent with the Iowa Constitution must be declared void, even though it may be supported by strong and deep-seated traditional beliefs and popular opinion," the court said.
Polk County District Judge Robert Hanson found that the law violated the Iowa Constitution's guarantee of equal protection, and hurt gay and lesbian couples "in numerous tangible and intangible" ways
"Civil marriage in Iowa is the only gateway to an extensive legal structure that protects a married couple's relationship and family in and outside the state," Hanson ruled in Des Moines.
"Iowa reserves an unparalleled array of rights, obligations and benefits to married couples and their families, privileging married couples as a financial and legal unit and stigmatizing same-sex couples."
The case was joined on appeal by several state lawmakers who opposed Hanson's ruling, calling it "a mockery of the judicial system." They argued that the ruling stepped on the state Legislature's authority by using the courts "to effectuate fundamental changes in public policies regarding marriage."
Legislatures in two New England states, Vermont and New Hampshire, have taken steps toward legalizing same-sex marriages.
The Vermont Senate and House have voted to legalize same-sex marriage -- the House voted Thursday night -- but Vermont's governor has said he will veto the measure. New Hampshire's governor has signaled his opposition in the past.
Vermont, New Hampshire and New Jersey allow civil unions for gay and lesbian couples.
Nationwide, the issue of same-sex marriage remains highly divisive. A June 2008 CNN/Opinion Research Corp. poll found that 44 percent of adult Americans believe gay marriage should be recognized by law as valid; 53 percent are opposed.
The issue took center stage in the largest U.S. state in November, when California voters narrowly approved a proposition amending the state constitution to ban same-sex marriage. California had been issuing marriage licenses to same-sex couples since a May 2008 ruling by the state Supreme Court legalized the unions
Not an Iowa native, but i am proud to be in the state right now.
why didnt they let the people of Iowa vote on this and not let these LIBERAL activist judges decide what they think is best for the people of Iowa. what about the people that oppose gay marrige ? don't they have rights?0 -
no they don't, like the Klu Klux Klan before them, they do not have the right to decide what is right or wrong, or legal or not.prfctlefts wrote:why didnt they let the people of Iowa vote on this and not let these LIBERAL activist judges decide what they think is best for the people of Iowa. what about the people that oppose gay marrige ? don't they have rights?0 -
mca47 wrote:I went to school and lived in Iowa for 5 years, and while I'm not a true native I feel like Iowa is "home" in many ways.
Good to hear they struck that down! While I thought California would have done it waaaaaay before Iowa, it just leads me to believe that Iowa is just a much smarter state.
Go Iowa!
Go Hawkeyes
0 -
I would like someone to explain how this is an example of judicial activism? Please remember the this specific court has been made up of Republicans and Democrats and the decision was UNANIMOUS. The judicial system's purpose is to interpret law. The Iowa State Supreme Court interpreted the law that was written by the state of Iowa as unconstitutional. Once again, the purpose of the court system is not to take into consideration the popularity or unpopularity of law, it is to interpret and make decisions based upon the legal system. That is what was done in this case. For those of you that forgot your high school government class, our government is based upon 3 SEPARATE branches of government. So, once again, I ask someone to explain how this is judicial activism?
I have no problem with someone not liking the outcome of the decision, nobody is ever going to agree with everything. I do have a problem with what seem to be irrational, uneducated responses.East Troy (The Ice Bowl) 2000
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St. Paul 2003
East Troy 2003
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Montreal 2005
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Denver Night 2 20060 -
prfctlefts wrote:mca47 wrote:I went to school and lived in Iowa for 5 years, and while I'm not a true native I feel like Iowa is "home" in many ways.
Good to hear they struck that down! While I thought California would have done it waaaaaay before Iowa, it just leads me to believe that Iowa is just a much smarter state.
Go Iowa!
Go Hawkeyes
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