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Friday, April 03, 2009
Courts - Iowa Supreme Court this morning rules state's same-sex marriage ban unconstitutional [Updated]
Here is the AP lede:
DES MOINES, Iowa (AP) -- The Iowa Supreme Court issued a unanimous ruling Friday finding that the state's same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making Iowa the third state where marriage will be legal.For more, see this How Appealing entry.
[Updated] The NY Times now has a report, by Monica Davey and Liz Robbins, on today's ruling. Some quotes:
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. * * *
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.
Posted by Marcia Oddi on April 3, 2009 10:30 AM
Posted to Courts in general