Family Law

Iowa Same-Sex Marriage Prohibition Found Unconstitutional

By Alexander Rhoads

In a long anticipated ruling, the Polk County (Iowa) District Court has found Iowa's statutory prohibition against same-sex marriage to be unconstitutional as a denial of due process and equal protection.  The ruling is available here (Varnum v. Brien) and will no doubt be available soon on numerous other sites on the internet.

An appeal is expected.  Under Iowa's appellate rules, the defendant, the Polk County Recorder (who issues marriage licenses under Iowa law) has a right of direct appeal to the Iowa Supreme Court, which may retain the case or refer it to Iowa's only other appellate court, the Iowa Court of Appeals.  The plaintiffs in the case are 14 men and women comprising six same-sex couples, who applied for, and were refused, marriage licenses in Polk County, Iowa.

Full post as published by Iowa Divorce and Family Law on August 30, 2007 (boomark / email).