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Religion & Law

: Constitutionally Correct

How the Iowa Supreme Court Can Use the Rational-Basis Test to Address Varnum v. Brien

By Alliance Alert

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In the 2007 case Varnum v. Brien, a Polk County, Iowa judge ordered the state of Iowa to begin processing marriage licenses for same-sex couples. One of the rationales for striking down the gay-marriage ban was that it failed to pass rational-basis review. If the Iowa Supreme Court chooses to uphold the ruling, it should choose to apply rational basis ?with teeth,? a form of scrutiny that has appeared in U.S. Supreme Court cases where the court suspected invidious legislative motives were at work. Applying this test would most accurately follow U.S. Supreme Court precedent and would be a wise tactical move in handling such a volatile issue, leaving open future legislative and judicial avenues for addressing gay marriage.

Full post as published by Constitutionally Correct on January 22, 2009 (boomark / email).

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