Litigation

Iowa Court Strikes Down Same-Sex Marriage Ban

By Lissette Villarruel

In a landmark ruling, the Iowa State Supreme Court has lifted the ban against same-sex marriages, according to an article by kcci.com.

In Varnum v. Brien, six same-sex couples sued their county for denying them marriage licenses. A lower court had ruled to overturn the ban.  The state Supreme Court unanimously found that the statute restricting civil marriages to a single man and woman violated the equal protection clause of the state constitution:

We have a constitutional duty to ensure equal protection of the law. Faithfulness to that duty requires us to hold Iowa?s marriage statute, Iowa Code section 595.2, violates the Iowa Constitution. To decide otherwise would be an abdication of our constitutional duty. If gay and lesbian people must submit to different treatment without an exceedingly persuasive justification, they are deprived of the benefits of the principle of equal protection upon which the rule of law is founded. Iowa Code section 595.2 denies gay and lesbian people the equal protection of the law promised by the Iowa Constitution.

Camilla Taylor, senior staff attorney at Lambda Legal, declared the decision a ??victory? [that] will go down as another proud day in Iowa?s long history of protecting individual rights.?

While Polk County Attorney John Sarcone said he will not seek a rehearing, opponents of same-sex marriage have indicated they will push for a constitutional amendment that would have to pass two consecutive legislative sessions before being placed on a public ballot.

Iowa joins Massachusetts, Connecticut, and California in striking down same-sex marriage bans. However, California recently faced a challenge to that decision in the controversial passage of Proposition 8. Vermont, on the other hand, is currently considering a same-sex marriage bill.

For more coverage on this ruling, you can visit this TV News Report from WQAD Channel 8 Davenport, Iowa.

Full post as published by The Gavel on April 03, 2009 (boomark / email).