Iowa supreme court to allow gay marriage

In a unanimous opinion, the Iowa Supreme Court ruled that the state's ban on gay marriage "violates the equal protection clause of the Iowa Constitution."

"Consequently, the language in Iowa Code section 595.2 limiting civil marriage to a man and a woman must be stricken from the statute, and the remaining statutory language must be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage," the 69-page ruling concluded.

In 2005, Lambda Legal, a New York-based gay rights organization, sued on behalf of six gay and lesbian Iowa couples in Polk County who were denied marriage licenses. Some of their children are also listed as plaintiffs.

The case was appealed to the state Supreme Court in 2007, after Polk County District Court Judge Robert Hanson agreed with the plaintiffs and ruled that the ban was unconstitutional.

Hanson's ruling prompted nearly two dozen people to apply for marriage licenses in the county, Iowa's most populous and home to Des Moines. Only one couple, Sean and Tim McQuillan of Ames, managed to get married before Hanson stayed his decision the next day. Their marriage stands, but its validity could depend on whether the state's high court sides with the Polk County judge.

During oral arguments before the state Supreme Court in December, Des Moines lawyer Dennis Johnson argued the ban violated his clients' due process and equal protection rights.

"We are suggesting that everybody be able to participate equally in an institution that has existed since the beginning of this state," Johnson said during arguments.

Roger J. Kuhle, an assistant Polk County attorney, argued that the lower court's ruling for the plaintiffs violates the separation of powers and that the issue should be left to the Legislature.

"We are not here opposing the individual plaintiffs' sincerity. We are here because, in our view, the issue is one for the Legislature to decide as a matter of social policy," he told the seven-member court.

During oral arguments, Chief Justice Marsha Ternus explained that the high court would determine whether the district court erred by finding that the same-sex marriage ban violated the state constitution, and whether it erred by not allowing the county's expert witness testimony.

The timing of the ruling's release could be awkward for state lawmakers, who are on track to end the legislative session in coming weeks.

Senate Majority Leader Mike Gronstal, D-Council Bluffs, told reporters that it's "exceedingly unlikely" the Legislature would deal with the gay marriage issue this year, regardless of the court's ruling.

"This is the final step in a lengthy legal proceedings," said Gronstal. "We're going to wait and see that decision and review it before we take any action."

Around the nation, only Massachusetts and Connecticut permit same-sex marriage. California, which briefly allowed gay marriage before a voter initiative in November repealed it, allows domestic partnerships.

New Jersey and New Hampshire also offer civil unions, which provide many of the same rights that come with marriage. New York recognizes same-sex marriages performed elsewhere, and legislators there and in New Jersey are weighing whether to offer marriage. A bill that would legalize same-sex marriage in Vermont is before the state House.

Suggested Topics
Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Home Care / Support Workers

£7 - £10 per hour: Recruitment Genius: This care provider is looking for Home ...

Recruitment Genius: Web Team Leader

£30000 - £35000 per annum: Recruitment Genius: One of the UK's leading web des...

Recruitment Genius: Client Manager

£27000 - £35000 per annum: Recruitment Genius: A growing, successful, friendly...

Recruitment Genius: Property Negotiator - OTE £20,000+

£16000 - £25000 per annum: Recruitment Genius: This family owned, independent ...

Day In a Page

Greece says 'No': A night of huge celebrations in Athens as voters decisively back Tsipras and his anti-austerity stance in historic referendum

Greece referendum

Greeks say 'No' to austerity and plunge Europe into crisis
Ten years after the 7/7 terror attacks, is Britain an altered state?

7/7 bombings anniversary

Ten years after the terror attacks, is Britain an altered state?
Beautiful evening dresses are some of the loveliest Donatella has created

Versace haute couture review

Beautiful evening dresses are some of the loveliest Donatella has ever created
No hope and no jobs, so Gaza's young risk their lives, climb the fence and run for it

No hope and no jobs in Gaza

So the young risk their lives and run for it
Fashion apps: Retailers roll together shopping and social networking for mobile customers

Fashion apps

Retailers roll together shopping and social networking for mobile customers
The Greek referendum exposes a gaping hole at the heart of the European Union – its distinct lack of any genuine popular legitimacy

Gaping hole at the heart of the European Union

Treatment of Greece has shown up a lack of genuine legitimacy
Number of young homeless in Britain 'more than three times the official figures'

'Everything changed when I went to the hostel'

Number of young homeless people in Britain is 'more than three times the official figures'
Compton Cricket Club

Compton Cricket Club

Portraits of LA cricketers from notorious suburb to be displayed in London
London now the global money-laundering centre for the drug trade, says crime expert

Wlecome to London, drug money-laundering centre for the world

'Mexico is its heart and London is its head'
The Buddhist temple minutes from Centre Court that helps a winner keep on winning

The Buddhist temple minutes from Centre Court

It helps a winner keep on winning
Is this the future of flying: battery-powered planes made of plastic, and without flight decks?

Is this the future of flying?

Battery-powered planes made of plastic, and without flight decks
Isis are barbarians – but the Caliphate is a dream at the heart of all Muslim traditions

Isis are barbarians

but the Caliphate is an ancient Muslim ideal
The Brink's-Mat curse strikes again: three tons of stolen gold that brought only grief

Curse of Brink's Mat strikes again

Death of John 'Goldfinger' Palmer the latest killing related to 1983 heist
Greece debt crisis: 'The ministers talk to us about miracles' – why Greeks are cynical ahead of the bailout referendum

'The ministers talk to us about miracles'

Why Greeks are cynical ahead of the bailout referendum
Call of the wild: How science is learning to decode the way animals communicate

Call of the wild

How science is learning to decode the way animals communicate