Comments on: Iowa Supreme Court Upholds Same-Sex Marriage

By: cd

cd — Sat, 04 Apr 2009 06:54:23 +0000

Last i checked Iowa was not more socially liberal than California.

It’s the first time a state Supreme Court has spoken unanimously and utterly clearly to say that justice demands gay marriage legalization.

From the soc con websites I read, the rank and file knows it has lost Very Big. There is lots of loud talk about how voters will overturn it. But no talk at all about their side being able to prevail on the merits of their arguments (as such), let alone serious thinking about what would be justice.

The way the Iowa SC blew up their Authority of Tradition argument is what I suspect has really hit them hard. They seemed to think it could be denied but not demolished. Now that the Iowa SC has shown everyone how to dismantle it, their whole retrograde social policy platform (banning contraception and like sillyness) can get torn up in the public eye by a clever and determined opponent.

They can still win battles at the ballot box. But this particular unanticipated staggering blow to their public argument has their knees buckling moralewise.

By: Joel

Joel — Sat, 04 Apr 2009 03:56:28 +0000

After California banned same sex marriage with an amendment right after it legalized it… i don’t quite have too many hopes this will remain.

Last i checked Iowa was not more socially liberal than California.

By: Swampfox

Swampfox — Sat, 04 Apr 2009 01:57:14 +0000

I must agree with cowboy when he said:

I loved the part where they said “…“sexual orientation is [so] central to personal identity” that it would be destructive to ask that it be changed.”

By: cowboy

cowboy — Fri, 03 Apr 2009 18:42:03 +0000

I’ll admit I am mildly surprised this came from Iowa…but pleasantly surprised. (I must be too engrained with The Music Man stereotype.)

Thank you Mr. Culhane for your analysis. Those points need to be heeded in our debates in other States.

I loved the part where they said “…“sexual orientation is [so] central to personal identity” that it would be destructive to ask that it be changed.”

By: occono

occono — Fri, 03 Apr 2009 17:17:08 +0000

Heh, I’m thinking of Harvey Milk’s quote when Anita Bryant got the Adoption Ban passed in Florida.

“She didn’t win.”

Go Iowa! :)

By: John Culhane

John Culhane — Fri, 03 Apr 2009 17:09:59 +0000

I just posted a summary of the decision for anyone who is interested. I’m a law professor but I wrote the summary for interested readers who don’t have a background in law. You can find it at: wordinedgewise.org

By: Scott

Scott — Fri, 03 Apr 2009 16:54:18 +0000

This is truly a great victory for us, one in hopefully several to come in the future. I just finished reading the entire decision from the court. They stated at the end of their decision the concerns of religion in this situation. They understood them but stated that religion, according to all Constitutions, cannot be part of law. They also touched on the fact that religions can continue to define marriage as they see fit. It is the law of Iowa, ie civil marriages, that are to change and be granted to same sex couples.

KUDOS, to the Iowa Supreme Court for following the law and not pressure from either side of the issue! They have paved new ground and formed the ground work for future litigation in other states. KUDOS to the Plaintiffs defense team, they played it perfectly. They took on equal protection, which should be the basis for all litigation when it comes to same sex marriage. Marriage may or may not be a civil right, however equal protection under the law and due process is. This is where we need to concentrate our efforts in the future in all the other states as well as the US DOMA. Every state has an equal protection clause in its Constitution, it MUST abide by that clause or they must throw out all of their laws.

Great job to everyone in Iowa. It proves that just because the majority of the people want something doesn’t mean that they are going to get it. Sometimes they just have to bow out gracefully, but we know that is not going to happen.

Peace,
Scott

By: Lindoro

Lindoro — Fri, 03 Apr 2009 15:24:08 +0000

This is good news indeed! Can someone please tell us what is the making of the Iowa Supreme Court? How many Reps av. Dems?

By: Curtis

Curtis — Fri, 03 Apr 2009 15:07:01 +0000

This made my morning! Iowa, of all places…I live in California, I’ve had my share of disappointments over the last several months, but when Midwestern states such as Iowa begin to change like this, for the better, I have high hopes for the rest of the country.

By: Deb

Deb — Fri, 03 Apr 2009 14:21:25 +0000

YEA!!!!!!!!!!!!!!!!!!
I’m watching the live coverage of Lambda Legal announcement of the decision. Each of the 6 couples in the case are now making statements. I am so happy for them. The couple on now have their kids with them!
It’ll be forever coming to Ohio unless there’s a Federal action on this issue.