Constitutional Law

Lambda Legal's Cathcart Sees Equality in Bloom

By Kevin Cathcart, executive director, Lambda Legal

Spring is here and equality is blooming. First the Iowa Supreme Court issued a methodical, emphatic, unanimous decision in favor of marriage equality in Lambda Legal's case, Varnum v. Brien. Then courageous legislators in Vermont finished the job brilliantly advanced years prior when the Vermont Supreme Court determined that same-sex couples are entitled to equal treatment. Overriding the Governor's veto, Vermont's representative branch decisively changed the law so same–sex couples soon will be able to marry in that state. In four days, we went from two to four states where marriage equality is the law.

As civil rights lawyers, we felt the deep thrill of seeing our constitutional analysis accepted and applied, and vindication of our belief in the capacity of courts to rule wisely and to do justice. As members of the lesbian, gay, bisexual and transgender community, we feel renewed excitement and optimism. We know, as lesbian and gay couples continue to marry in Massachusetts and Connecticut and begin to marry in Iowa and Vermont, something simple but profound will become even more obvious: Our love and legal recognition of our relationships make society stronger. Of all the wonderful statements about the Iowa decision last week, one of my favorites came from the elected leaders of the Iowa legislature, Sen. Gronstal and Rep. Murphy. "When all is said and done," they said, "we believe the only lasting question about today's events will be why it took us so long."

I believe there likely will be many positive effects of the civics lesson the Iowa Supreme Court delivered to the public in explaining its conclusion and the way the decision fits within the state's proudest traditions of civil rights leadership. First the justices emphasized the fundamental role and responsibility of the judicial branch:

The idea that courts, free from the political influences in the other two branches of government, are better suited to protect individual rights was recognized at the time our Iowa Constitution was formed.

Then, the court applied a key lesson of the U.S. Supreme Court's decision in Lambda Legal's historic victory, Lawrence v. Texas, writing:

The framers of the Iowa Constitution knew, as did the drafters of the United States Constitution, that "times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress, [and as our Constitution] endures, persons in every generation can invoke its principles in their own search for greater freedom [and equality].'

Overturning the statute that had barred same–sex couples from marriage, the Iowa Supreme Court concluded:

The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.

While we celebrate these immensely important breakthroughs in Iowa and Vermont, we also anxiously await the California Supreme Court's decision in Strauss v. Horton, our challenge to last fall's antigay ballot measure about marriage, Proposition 8. Strauss seeks to protect our 2008 victory that recognized the fundamental right of same-sex couples to marry in that state. Four state high courts  — those in Massachusetts, Connecticut, California and now Iowa — have made it clear that upholding the constitution means upholding the right of every adult to love the person he or she chooses and to enter into the "important civil institution" of marriage. We believe that Proposition 8 failed to follow the rules Californians long ago adopted for making changes to that state's constitution. We also believe that California's democratic government was designed from the outset – as in all other states and our federal system– to protect the fundamental rights of minorities from attack by the majority. Now we wait to see if California's high court will uphold these principles and retain meaningful constitutional protections against majoritarian abuses. If the court does not, we will keep fighting for equality in the Golden State – as we are doing coast to coast – for as long as it takes.

But for now, we celebrate the inspiring fact that our nation has turned a critical corner. And each time there's a big step forward, it makes it easier for others to follow. Marriage–equality laws may soon be enacted in New Jersey, New York, Maine and New Hampshire. After a string of Lambda Legal victories, marriage recognition is a reality in New York — and the political momentum is building toward marriage recognition in the nation's capital.  Marriage equality will be restored in California, by legal or political action, because each of our successes sows seeds of more progress. As the Iowa Supreme Court's unequivocal conclusion last week showed, with time we will win in every corner of this country because we have the power of truth, love, fairness and decency on our side. 

They say, 'As goes Iowa, so goes the nation.' Indeed, one of the ultimate swing states, Iowa often selects our presidents. On issues of civil rights, however, this Heartland state has been remarkably consistent, honoring its own traditions of fairness and decency and leading the way. Iowa foretold the demise of slavery and, later, of racial segregation. The state validated women's right to retain basic freedoms, notwithstanding marriage, including practicing law. Again and again, Iowa has had an accurate constitutional, and moral, compass. As the Heartland now speaks to our nation about this matter of the heart, we appreciate that we are watching a transformative moment. We've turned a corner and we won't be turning back.

Full post as published by ACS Blog on April 10, 2009 (boomark / email).