Third US State to Legally Reconigze Same-Sex Marriage: Iowa

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http://www.nytimes.com/2009/04/04/us/04iowa.html?hp

April 4, 2009
Iowa Court Says Gay Marriage Ban Is Unconstitutional
By MONICA DAVEY and LIZ ROBBINS

DES MOINES — Iowa became the first state in the Midwest to approve same-sex marriage on Friday, after the Iowa Supreme Court unanimously decided that a 1998 law limiting marriage to a man and a woman was unconstitutional.

The decision was the culmination of a four-year legal battle that began in the lower courts. The Supreme Court said same-sex marriages could begin in Iowa in as soon as 21 days.

The case here was being closely followed by advocates on both sides of the issue. While the same-sex marriage debate has played out on both coasts, the Midwest — where no states had permitted same-sex marriage — was seen as entirely different. In the past, at least six states in the Midwest were among those around the country that adopted amendments to their state constitutions banning same-sex marriage.

“The Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution,” the justices said in a summary of their decision.

And later in the ruling, they said: “Equal protection under the Iowa Constitution is essentially a direction that all persons similarly situated should be treated alike. Since territorial times, Iowa has given meaning to this constitutional provision, striking blows to slavery and segregation, and recognizing women’s rights. The court found the issue of same-sex marriage comes to it with the same importance as the landmark cases of the past.”

In a hotel in Des Moines, several of the same-sex couples who were involved in the suit wept, teared up and embraced as they learned about the decision from their lawyers. “I’d like to introduce you to my fiancee,” said Kate Varnum, 34, reaching over to Trish Varnum. “Today I am proud to be a lifelong Iowan.”

“We are blessed to live in Iowa,” she added.

Opponents of same-sex marriage criticized the ruling.

“The decision made by the Iowa Supreme Court today to allow gay marriage in Iowa is disappointing on many levels," State Senator Paul McKinley, the Republican leader, said in a statement on The Des Moines Register’s Web site. "I believe marriage should only be between one man and one woman and I am confident the majority of Iowans want traditional marriage to be legally recognized in this state."

He added: "Though the court has made their decision, I believe every Iowan should have a voice on this matter and that is why the Iowa Legislature should immediately act to pass a Constitutional Amendment that protects traditional marriage, keeps it as a sacred bond only between one man and one woman and gives every Iowan a chance to have their say through a vote of the people."

Advocates of same-sex marriage said they did not believe opponents had any immediate way to overturn the decision. A constitutional amendment would require the state legislature to approve a ban on same-sex marriage in two consecutive sessions after which voters would have a chance to weigh in.

Iowa has no residency requirement for getting a marriage license, which some suggest may mean a flurry of people from other states.

Two states — Connecticut and Massachusetts — currently allow same-sex marriages. Several other states on the East coast allow civil unions, lawmakers in Vermont are considering gay marriage, and California allowed it until November’s election, when residents rejected the idea in a voter initiative.

A change in Iowa’s take on marriage, advocates for gay marriage said before Friday’s ruling, would signal a broader shift in public thinking, even in the nation’s more conservative middle. Opponents of same-sex marriage, meanwhile, had said any legal decision in support of same-sex marriage in Iowa would certainly trigger a prompt and sharp response among residents and, surely, state lawmakers.

The legal case here began in 2005, when six same-sex couples filed suit against the county recorder here in Polk County because he would not accept their marriage license applications.

Two years later, a local judge here, Robert B. Hanson, ruled in that case that a state law defining marriage as only between a man and woman was unconstitutional. The ruling, in 2007, set off a flurry of same-sex couples from all over the state, racing for the courthouse in Polk County.

The rush lasted less than a day in August of 2007. Although Judge Hanson had ruled against the state law, he quickly decided to delay any additional granting of licenses, saying that the Iowa Supreme Court should have an opportunity to weigh in first. In the end, about 20 couples applied before the stay was issued. Just one couple, Timothy McQuillan, then 21, and Sean Fritz, 24, managed to obtain their license and also to marry.

Iowa. That would not have been on my list of picks for next to legalize, I admit. Good on them!
 
I'm very proud of our Supreme Court for protecting the rights of the minority today.

Personally I'm not surprised by the decision, though I'm surprised it was a unanimous decision.
 
[quote name='Kaijufan']I'm very proud of our Supreme Court for protecting the rights of the minority today.

Personally I'm not surprised by the decision, though I'm surprised it was a unanimous decision.[/quote]


Eventually, people will realize that banning gay marriage is stupid and there is no logical reason to ban it.

The one good thing about stupidity is that time erodes it. The bad thing is that you never know how much time it will take.
 
[quote name='Quillion']Wanna debate?

I oppose governmental recognition of same-sex marriage.[/QUOTE]

Sure - I oppose your opposition on the grounds that it's retarded. I win.
 
[quote name='JolietJake']Just wait for the "cornhole state" jokes.:roll:[/QUOTE]

Doubtful. People are treating the worn "cornhole" in a protective manner now, in order to keep clean their memories of gettin' drunk n' throwin' beanbags in holes, man.
 
[quote name='Kirin Lemon']Sure - I oppose your opposition on the grounds that it's retarded. I win.[/quote]
Nah, I oppose gay marriage on the grounds that marriage is a religious institution, and as such there should be no governmental recognition of any marriage. Straight or gay.

The tax benefits, freedom from testifying and whatnot should be for some sort of civil union. Which as a secular union would be open to all. Regardless of sexual orientation.

How's that? Still retarded? It's all semantics anyway.
 
[quote name='Quillion']Nah, I oppose gay marriage on the grounds that marriage is a religious institution, and as such there should be no governmental recognition of any marriage. Straight or gay.

The tax benefits, freedom from testifying and whatnot should be for some sort of civil union. Which as a secular union would be open to all. Regardless of sexual orientation.

How's that? Still retarded? It's all semantics anyway.[/quote]

Whatever.

This is awesome, those corn-eating hicks finally got something right!
 
Getting what you want in America today:

A) Don't like something? Put it to the people to vote on.

B) Don't like the results? Try to get the courts give the people the finger, after all, the courts always know what's better than the people do. Of course that means step A, today, is an obsolete, inconsequential, cute formality.

C) Still don't like the courts result? Pay someone in congress to slip it into one of the huge bills none of them will read, which will to override the courts somehow.

D) Don't have enough money to pay off congress? Just point at Europe and invoke international laws and international pressure to affect B and C. It will take a while, but always works.

God bless democracy in the 21st century.

Congrats on those happy with this for only having to take it to step B.
 
[quote name='thrustbucket']B) Don't like the results? Try to get the courts give the people the finger, after all, the courts always know what's better than the people do. Of course that means step A, today, is an obsolete, inconsequential, cute formality.[/QUOTE]

This is a civil rights issue, and should not be up for a vote in the first place. In this case, the courts *did* know better than the people.
 
[quote name='Quillion']Nah, I oppose gay marriage on the grounds that marriage is a religious institution, and as such there should be no governmental recognition of any marriage. Straight or gay. [/quote]

This.
 
[quote name='thrustbucket']Getting what you want in America today:

A) Don't like something? Put it to the people to vote on.

B) Don't like the results? Try to get the courts give the people the finger, after all, the courts always know what's better than the people do. Of course that means step A, today, is an obsolete, inconsequential, cute formality.

C) Still don't like the courts result? Pay someone in congress to slip it into one of the huge bills none of them will read, which will to override the courts somehow.

D) Don't have enough money to pay off congress? Just point at Europe and invoke international laws and international pressure to affect B and C. It will take a while, but always works.

God bless democracy in the 21st century.

Congrats on those happy with this for only having to take it to step B.[/QUOTE]

Please point me in the direction where the courts overstepped their boundaries on this issue in this state.
 
[quote name='Kirin Lemon']This is a civil rights issue, and should not be up for a vote in the first place. In this case, the courts *did* know better than the people.[/QUOTE]

Exactly, the courts exist to protect minority groups from the tyranny of the majority who want to discriminate against them and not give them equal rights.

But in this case, as Myke alluded to, Thrust's rant isn't relevant as the ban wasn't from a voter referendum.

Though according the CNN article opponents of gay marriage are now pushing to propose a state constitution amendment banning gay marriage that would send the issue to the voters.
 
[quote name='dmaul1114']Though according the CNN article opponents of gay marriage are now pushing to propose a state constitution amendment banning gay marriage that would send the issue to the voters.[/QUOTE]

:roll: Of course.
 
[quote name='mykevermin']Please point me in the direction where the courts overstepped their boundaries on this issue in this state.[/QUOTE]

The courts overriding the will of the people is their part time job. They didn't. That's what they are for.

[quote name='"dmaul1114"']
But in this case, as Myke alluded to, Thrust's rant isn't relevant as the ban wasn't from a voter referendum.[/quote]
I didn't know that. I assumed it did, since most states have put it to vote. Where did the ban come from then?
 
[quote name='Kirin Lemon']:roll: Of course.[/quote]
It's the next logical step. As long as homosexuality is considered icky by the majority of the American people, groups will use that discomfort to attempt to divide us and get our votes.

This will be ancient history in a generation.
 
[quote name='dmaul1114']Though according the CNN article opponents of gay marriage are now pushing to propose a state constitution amendment banning gay marriage that would send the issue to the voters.[/quote]

Sounds good to me.
 
[quote name='thrustbucket']The courts overriding the will of the people is their part time job. They didn't. That's what they are for.[/QUOTE]

The United States of America does not operate based upon the will of the people.

(feel free to take that out of context, or sig it to make me look like a villain, or do what you will).

It operates, in fact, on the will of the people insomuch as the will of the people falls in line with the tenets of our state and federal constitutions.

Your argument that suggests going against the will of the people is false. I'm sure you recognize that quite easily, and are smart enough and aware enough that we do have founding documents that we need to follow before "the will of the people" is given consideration.

Moreover, based on our governmental structure as members of a representative democracy built into a tripartite system of checks and balances (at least that's what my 4th grade social studies teacher said), so this perpetual judiciary branch bashing that comes from the right is, in fact, anti-American activity.
 
[quote name='perdition(troy']Sounds good to me.[/quote]

Why would the fact that a civil freedom has to rely on popular vote to exist sound good?
 
[quote name='HowStern']Why would the fact that a civil freedom has to rely on popular vote to exist sound good?[/quote]

How is it a civil rights issue? That's like saying being fat is a civil rights issue. Some people are just "born" fat. Who are we to ban trans fats and tell people they need to lose weight. I need to start organizing fat rallies. CAG has helped me find my higher calling in life.
 
When in doubt, homophobes, be sure to structure your argument so that you make sexual orientation equated with a clinical disorder, be it psychological or physical.

Treating some sexualities like a disease, and others as normative, *always* helps bring people to see your side of the argument.
 
@troy uhh, what? lol....

Pull yourself together.
Trans fat is banned because it is unhealthy. It causes heart disease. You wouldn't hand out cigarettes to kids at McDonals why would you feed them trans fat? Your mind is a real gem...
 
[quote name='perdition(troy']How is it a civil rights issue? That's like saying being fat is a civil rights issue. Some people are just "born" fat. Who are we to ban trans fats and tell people they need to lose weight. I need to start organizing fat rallies. CAG has helped me find my higher calling in life.[/quote]


How would you feel if people that you don't even know tell you you can't marry the person you love?

You can live with them in the same home...
You can share hopes, dreams, successes, and tragedies...
You can grow old together...

But you can't get a piece of paper to validate what you are already doing in the first place?

It really doesn't matter if a couple is gay or straight. No one should actively pursue crushing the happiness and liberties of other people when the liberty in question hurts absolutely no one. Gay marriage isn't going to change a single thing for us straight folks. I have yet to see one single intellgent rebuttal or comment to say otherwise.


I have quoted Virginia vs. Loving before. Mildred Loving said it best...

Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don't think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the "wrong kind of person" for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people's religious beliefs over others. Especially if it denies people's civil rights.

I am still not a political person, but I am proud that Richard's and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That's what Loving, and loving, are all about.

http://en.wikipedia.org/wiki/Loving_vs._Virginia

Anyone that wishes to take, or keep, rights from others should experience it themselves. The only way to truly appreciate that position is to be put in it yourselves.
 
[quote name='thrustbucket']B) Don't like the results? Try to get the courts give the people the finger, after all, the courts always know what's better than the people do. Of course that means step A, today, is an obsolete, inconsequential, cute formality.[/QUOTE]
Please point to the section of the state constitution that would have allowed a judge to find against same sex marriage.

edit: Goddamn it. That's what I get for not reading the thread.
 
[quote name='thrustbucket']Getting what you want in America today:

A) Don't like something? Put it to the people to vote on.

B) Don't like the results? Try to get the courts give the people the finger, after all, the courts always know what's better than the people do. Of course that means step A, today, is an obsolete, inconsequential, cute formality.

C) Still don't like the courts result? Pay someone in congress to slip it into one of the huge bills none of them will read, which will to override the courts somehow.

D) Don't have enough money to pay off congress? Just point at Europe and invoke international laws and international pressure to affect B and C. It will take a while, but always works.

God bless democracy in the 21st century.

Congrats on those happy with this for only having to take it to step B.[/quote]

It doesn't make it OK if the majority of people vote to take away rights or privileges from a minority group based solely on that minority's race, sex, or sexual preference (in your parlance "step A")
 
This is cool, but does anyone really think this will even be an issue in a decade or two?

BTW, I think it's really, really interesting that some people in this thread are now talking about how important minority rights are...
 
[quote name='Quillion']Nah, I oppose gay marriage on the grounds that marriage is a religious institution, and as such there should be no governmental recognition of any marriage. Straight or gay.[/quote]1: As I and many other have pointed out, this is not a tug-of-war. It is not as though banning gay marriage will get you any closer to your goal or allowing gay marriage will somehow get in your way.

2: As Strell many times has pointed out this is insanely god damn arbitrary at best and total bullshit at worst. It's traditionally been a religious institution except when it wasn't.

Anyway, if tradition wants to get in the way of equality, then fuck tradition. What the hell's it gettin' in the way for?
 
I think Quillion means he opposes only government-regulated gay marriage.

If a church decides to marry gay people, he wouldn't have a problem.

Right?
 
[quote name='The Crotch']1: As I and many other have pointed out, this is not a tug-of-war. It is not as though banning gay marriage will get you any closer to your goal or allowing gay marriage will somehow get in your way.

2: As Strell many times has pointed out this is insanely god damn arbitrary at best and total bullshit at worst. It's traditionally been a religious institution except when it wasn't.

Anyway, if tradition wants to get in the way of equality, then fuck tradition. What the hell's it gettin' in the way for?[/quote]



Even if it is a relgious institution and people want to argue in favor of that, it isn't an exclusively Christian institution. All you have to do is create a sect or another religion entirely that sees all people as having the right to marry. If Scientology can exist, then there is no reason for there not to be a religion with homosexual and hetersexual marriage being on the same level to debunk that defense. And if someone argues against that, there is a little thing called freedom of religion the US supposedly guarantees.

I'm not even going to get into the fact that a heterosexual athiest couple isn't getting married in the eyes of God or religion, but has the right to do so. Or the ideal of, "judge not lest ye be judged" that seems to be tossed aside when it is inconvenient. That's what make that whole argument against homosexuals getting married even more absurd. They can argue religion all they want. It comes down to them discriminating against homosexuals, plain and simple.
 
[quote name='speedracer']Please point to the section of the state constitution that would have allowed a judge to find against same sex marriage.

edit: Goddamn it. That's what I get for not reading the thread.[/quote]
What I love is that you and myke both said please.
 
[quote name='mykevermin']The United States of America does not operate based upon the will of the people.

(feel free to take that out of context, or sig it to make me look like a villain, or do what you will).[/quote]
I won't argue that.

It operates, in fact, on the will of the people insomuch as the will of the people falls in line with the tenets of our state and federal constitutions.
It's suppose to, anyway. But correct.

Your argument that suggests going against the will of the people is false. I'm sure you recognize that quite easily, and are smart enough and aware enough that we do have founding documents that we need to follow before "the will of the people" is given consideration.
I don't argue this isn't how it's suppose to work in America. I do take some issue that it does, though. Mostly because of how poorly it does.

Moreover, based on our governmental structure as members of a representative democracy built into a tripartite system of checks and balances (at least that's what my 4th grade social studies teacher said), so this perpetual judiciary branch bashing that comes from the right is, in fact, anti-American activity.
The court system gets bashed because it's often run amock. Many courts are corrupt and legislate pure extreme agendas all the time in many parts of the country. I suspect you can agree with that fact, even if this case is not an example.

It's relatively easy to get a handful of corrupt or extreme left or right people in robes that can advance agendas or consistently go against peoples will, that's where I take issue. Many court systems are about as legit and useful as Chicago government.

If you want to continuously invoke the intentions of this governments founding (a new one for you, I admit) then it's important to point out just how much more powerful courts have become since it's founding.

[quote name='camoor']It doesn't make it OK if the majority of people vote to take away rights or privileges from a minority group based solely on that minority's race, sex, or sexual preference (in your parlance "step A")[/QUOTE]

We've been over this several times. But for a refresher - marriage isn't a right. If it is a right, the root isue starts and ends right there.

The courts can and should make sure everyone has equal rights. What those rights are referred to in name, on paper, and in documents - I think can be the peoples will without being discriminatory; especially when it's heavily tangled into religion.

In other words, if the will of a states population is not to recognize the word "gay marriage", big deal. The courts should make sure gay couples have all the exact same rights regardless of the peoples favorite labels.
 
[quote name='thrustbucket']The court system gets bashed because it's often run amock. Many courts are corrupt and legislate pure extreme agendas all the time in many parts of the country. I suspect you can agree with that fact, even if this case is not an example.

It's relatively easy to get a handful of corrupt people in robes that can advance agendas or consistently go against peoples will, that's where I take issue. Many court systems are about as legit and useful as Chicago government.[/quote]

You're smarter than this. This is pure ideology, lacking substance, precedent, and evidence.

What's an "extreme agenda," other than a right-wing catch phrase that stands for "everything other than right-wing ideology and policy"? It's a useless phrase; it carries with it no concept, defined or vague, as to what it stands for. When it stands for nothing, it's uselss.

How has it "run amok"? Cite precedent. Show how it violates both the will of the people and the constitution (or, rather, sided with the will of the people and gone against the constitution without changing the document - that would go outside the boundaries of their job description!).

Lastly, you make vague unfounded insinuations about corruption that, again, have no basis in fact. I can point to the two PA juvenile justice judges that took $2.6M in kickbacks from the companies who ran the private juvenile institutions there as evidence of corruption, but what have you given me other than vague, unprovable allusions?

Tyra Banks might have a dick.

If you want to continuously invoke the intentions of this governments founding (a new one for you, I admit) then it's important to point out just how much more powerful courts have become since it's founding.

"how much more powerful courts have become" sums up your argument nicely. Not because it's a particularly good argument, but because it bundles up, into one nice package, your use of unsubstantiated claims, as well as comparative language that offers up no actual comparative basis. It's like when I get papers in class that start off with something like "poverty is becoming a significant social problem" (hypothetically speaking). That's the whole sentence. It's meaningless, it's useless, it puts me to sleep, it's a shit sentence, it offers up no comparison, no context, just some kind of horrible, horrible vagary that middle and high-school teachers don't correct on their children. It's a commonly abused sentence with no nutritional value that serves as a means by which people commonly say "um, here's the part where I start my paper on this topic."

If I say "meat has changed since the founding of the united states of america," that's not a particularly informative sentence, is it? What about meat has changed? what animals? the price? the quality? the hormones? the portions? the fat content? the color? What a crappy thing to tell me, as now I have more contextual questions than I do answers!

That's kinda the problem with what you're getting at. I simply don't see much information other than a litany of accusations that you somehow expect me to believe in the matter-of-factness of. Which, I'm afraid, both I, and you, know bloody better than that. And you're smarter and better read than to offer up something like this in comparison.

Don't let me catch you doing this again. ;)
 
Alrighty.
I'm just stating my opinion. My interest in spending another 2 or 3 pages of arguments, stating precedents, reasons, and philosophy to try and convert you to the same opinion is about as high as my interest in seeing Tyra Bank's dick.

Now I fully expect you to believe that is an excuse because I simply can't do the above, and say something colorful and snappy illustrating that belief. Otherwise you wouldn't be Mykevermin.
 
[quote name='Quillion']Nah, I oppose gay marriage on the grounds that marriage is a religious institution, and as such there should be no governmental recognition of any marriage. Straight or gay.

[/quote]

When you get married, you get a license from the Government. This license makes your marriage legally recognized. You don't get this license from your religion. This means that the Govt. controls marriage, not *your* religion or any other religion.

GG.

Oh, and for the record, the Church of Crotch Getting Eated by Zombies allows Human and Zombie marriage.
 
[quote name='georox']This means that the Govt. controls religion, not *your* religion or any other religion.[/QUOTE]

What? ;)
 
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