Constitutional Law

Marriage Equality the Law in Iowa

In a widely anticipated ruling, the Iowa Supreme Court announced that marriage equality is required under the state constitution's equal protection clause.

The court's decision invalidated a 1998 state law limiting marriage to a man and a woman. The case, Varnum v. Brien, was initiated by six same-sex couples suing the recorder of Polk County after his office denied them marriage licenses in 2005.

Opponents of marriage equality took political arguments into the courtroom, arguing that marriage equality would hurt children, would lead to polygamy and would denigrate the institution of marriage.

'One could easily argue, and we do, that fostering same-sex marriage will harm the institution of marriage as we know it,' Polk County attorney Roger Kuhle said during oral arguments on Dec. 10. 'It's not going to happen tomorrow. We're not going to see any changes tomorrow, next week, next year, in our generation. But you've got to look to the future.'

'I think it's significant because Iowa is considered a Midwest state in the mainstream of American thought,' said Richard Socarides, former senior adviser to President Clinton on gay civil rights. 'Unlike states on the coasts, there's nothing more American than Iowa. As they say during the presidential caucuses, ‘As Iowa goes, so goes the nation.''

Upon losing before Iowa's highest court, opponents of marriage equality have indicated that they will not appeal the case to the U.S. Supreme Court.

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