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Iowa Supreme Court legalizes gay marriage
2009-04-03
DES MOINES, Iowa - Iowa's Supreme Court legalized gay marriage Friday in a unanimous and emphatic decision that makes Iowa the third state -- and first in the nation's heartland -- to allow same-sex couples to wed. Muzi.com News 10089619-1 (muzi.com)Iowa joins only Massachusetts and Connecticut in permitting same-sex marriage. For six months last year, California's high court allowed gay marriage before voters banned it in November. Muzi.com News 10089619-2 (muzi.com) The Iowa justices upheld a lower-court ruling that rejected a state law restricting marriage to a union between a man and woman. Muzi.com News 10089619-3 (muzi.com) The county attorney who defended the law said he would not seek a rehearing. The only recourse for opponents appeared to be a constitutional amendment, which could take years to ratify. Muzi.com News 10089619-4 (muzi.com) "We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective," the Supreme Court wrote. Muzi.com News 10089619-5 (muzi.com) Iowa lawmakers have "excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification." Muzi.com News 10089619-6 (muzi.com) To issue any other decision, the justices said, "would be an abdication of our constitutional duty." Muzi.com News 10089619-7 (muzi.com) The Iowa attorney general's office said gay and lesbian couples can seek marriage licenses starting April 24, once the ruling is considered final. Muzi.com News 10089619-8 (muzi.com) Des Moines attorney Dennis Johnson, who represented gay and lesbian couples, said "this is a great day for civil rights in Iowa." Muzi.com News 10089619-9 (muzi.com) At a news conference announcing the decision, he thanked the plaintiffs and said, "Go get married, live happily ever after, live the American dream." Muzi.com News 10089619-10 (muzi.com) Plaintiff Kate Varnum, 34, introduced her partner, Trish Varnum, as "my fiance." Muzi.com News 10089619-11 (muzi.com) "I never thought I'd be able to say that," she said, fighting back tears. Muzi.com News 10089619-12 (muzi.com) Jason Morgan, 38, said he and his partner, Chuck Swaggerty, adopted two sons, confronted the death of Swaggerty's mother and endured a four-year legal battle as plaintiffs. Muzi.com News 10089619-13 (muzi.com) "If being together though all of that isn't love and commitment or isn't family or marriage, then I don't know what is," Morgan said. "We are very happy with the decision today and very proud to live in Iowa." Muzi.com News 10089619-14 (muzi.com) In its ruling, the Supreme Court upheld an August 2007 decision by a judge who found that a state law limiting marriage to a man and a woman violates the constitutional rights of equal protection. Muzi.com News 10089619-15 (muzi.com) The Polk County attorney's office claimed that Judge Robert Hanson's ruling violated the separation of powers and said the issue should be left to the Legislature. Muzi.com News 10089619-16 (muzi.com) The case had been working its way through the courts since 2005, when Lambda Legal, a New York-based gay rights organization, filed a lawsuit on behalf of six gay and lesbian couples in Iowa. Muzi.com News 10089619-17 (muzi.com) "Today, dreams become reality, families are protected and the Iowa Constitution's promise of equality and fairness has been fulfilled," Lambda Legal attorney Camilla Taylor said. Muzi.com News 10089619-18 (muzi.com) John Logan, a sociology professor at Brown University, said Iowa's status as a largely rural, Midwest state could enforce an argument that gay marriage is no longer a fringe issue. Muzi.com News 10089619-19 (muzi.com) "When it was only California and Massachusetts, it could be perceived as extremism on the coasts and not related to core American values. Muzi.com News 10089619-20 (muzi.com) "But as it extends to states like Iowa, and as attitudes toward gay marriage have evidently changed, then people will look at it as an example of broad acceptance," Logan said. Muzi.com News 10089619-21 (muzi.com) Polk County Attorney John Sarcone said his office will not ask for the case to be reconsidered. Muzi.com News 10089619-22 (muzi.com) "Our Supreme Court has decided it, and they make the decision as to what the law is, and we follow Supreme Court decisions," Sarcone said. Muzi.com News 10089619-23 (muzi.com) Gay marriage opponents have no other legal options to appeal the case to the state or federal level because they were not parties to the lawsuit, and there is no federal issue raised in the case, Sarcone said. Muzi.com News 10089619-24 (muzi.com) Bryan English, spokesman for the Iowa Family Policy Center, a conservative group that opposes same-sex marriage, said many Iowans are disappointed with the ruling and do not want courts to decide the issue. Muzi.com News 10089619-25 (muzi.com) "I would say the mood is one of mourning right now in a lot of ways," English said. He said the group immediately began lobbying legislators "to let the people of Iowa vote" on a constitutional amendment. Muzi.com News 10089619-26 (muzi.com) "This is an issue that will define (lawmakers') leadership. This is not a side issue." Muzi.com News 10089619-27 (muzi.com) Iowa has a history of being in the forefront on social issues. It was among the first states to legalize interracial marriage and to allow married women to own property. It was also the first state to admit a woman to the bar to practice law and was a leader in school desegregation. Muzi.com News 10089619-28 (muzi.com) Todd Pettys, a University of Iowa law professor, said the state's equal protection clause on which Friday's ruling was based is worded slightly differently than the U.S. Constitution. But Iowa's language means almost "exactly the same thing." Muzi.com News 10089619-29 (muzi.com) Still, he said, it's difficult to predict whether the U.S. Supreme Court would view the issue the same way as the Iowa justices. Muzi.com News 10089619-30 (muzi.com) Linda McClain, professor at Boston University School of Law, said she doubted Iowa's ruling would be "a realistic blueprint" for the U.S. Supreme Court," particularly considering the court's conservative leadership. Muzi.com News 10089619-31 (muzi.com) Senate Majority Leader Mike Gronstal, a Democrat, said state lawmakers were unlikely to consider gay marriage legislation in this legislative session, which is expected to end within weeks. Muzi.com News 10089619-32 (muzi.com) Gronstal also said he's "not inclined" to propose a constitutional amendment during next year's session. Muzi.com News 10089619-33 (muzi.com) Iowa's Democratic governor, Chet Culver, said he would review the decision before announcing his views. Muzi.com News 10089619-34 (muzi.com) ___ Muzi.com News 10089619-35 (muzi.com) Associated Press writers Nigel Duara in Urbandale and Marco Santana, Melanie S. Welte, Michael Crumb and Mike Glover in Des Moines contributed to this report. Muzi.com News 10089619-36 (muzi.com) ___ Muzi.com News 10089619-37 (muzi.com) On the Net: Muzi.com News 10089619-38 (muzi.com) Iowa Supreme Court: http://www.judicial.state.ia.us/ Muzi.com News 10089619-39 (muzi.com)
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