Constitutional Law

Marriage Rights for Same-Sex Couples Before Iowa Supreme Court

In summer 2007, an Iowa district court ruled that denying same-sex couples the right to marry violates the state constitution’s guarantee of equal rights. That ruling was put on hold, however, until the Iowa Supreme Court could weigh in. On Dec. 9, the Iowa high court will do just that in the case, Varnum v. Brien. USA Today reported that legal experts contend that if the Iowa court upholds marriage rights for gay men and lesbians, it may be an outcome difficult to overturn. The newspaper noted that a state constitutional amendment must be approved by a majority of the Iowa legislature in two consecutive sessions before being put before voters in a general election.

In a press statement on the case, Lambda Legal, which is representing six same-sex couples in the case, notes that, “If the Iowa Supreme Court upholds the district court ruling, Iowa would join the high courts of Massachusetts, California and Connecticut, which have recognized the right of same-sex couples to marry.”

University of Iowa law professor Angela Onwuachi-Willig expressed hope that the Iowa court would uphold marriage equality. “This is the heartland of America – a place where family values are revered,” Onwuachi-Willig, told USA Today. “It would be an incredibly strong signal for the Iowa Supreme Court to find that same-sex marriages are legal.”

Full post as published by ACS Blog on December 08, 2008 (boomark / email).