Iowa’s state Supreme Court upheld a lower court’s ruling in favor of same sex marriage on Friday, April 3, 2009. This makes Iowa the first state in the Mid-West to move towards equality in the marriage realm. Iowa’s state law banning same sex marriage was unanimously shot down by the court on grounds that it “excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification” and violated the equal protection clause of the state constitution.
Same sex marriage is expected to begin in Iowa on April 24th, making it one of three states that does so. Vermont is on the verge of gaining enough votes to overpower a governor veto, which will make same sex marriage legal in that state. Iowa, surprisingly, has historically been a leader in equality being among initial states to legalize interracial marriage, desegregating schools and providing the right of married women to own property.
California’s legalization of same sex marriage lasted all of six months before a constitutional amendment quickly outlawed it. Iowa will not suffer the same fate, as citizens are unable to quickly amend the constitution. The state legislature must begin the process and due to the timeline within the legislature and elections, the earliest an amendment could come to the ballot would be 2014.
Vermont’s legislative approval of same sex marriage and Iowa’s court ruling all point in the right direction for equality. Even though California approved a ban on same sex marriage through the amendment process, the state Supreme Court ruled in favor of equality, as Iowa and Massachusette state courts did. As state supreme courts continually rule in this manner, it really is a matter of time before the case is brought before the Supreme Court and they too will rule for equality. The state by state strategy is seen as more effective in ensuring a federal Supreme Court ruling in favor of same sex marriage, which is the ultimate goal.
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April 4th, 2009 at 10:52 am
Not that I know much about Iowa but I would never had guessed they would acknowledge gay marriage before California. I’m happy that the people in Iowa will not have to go through what the Californians are now. Do you think this Iowa thing will help one iota the ruling that CA is waiting for?
April 4th, 2009 at 12:15 pm
Well, California’s court acknowledged it first in May 2008, but Californians quickly undid their work. I have read some blogs and comments where Californians think that California’s court may rule to undo Prop 8 as to not be outdone by their colleagues in Iowa. I think that is farfetched, but it is fun to think about.
The Iowa ruling sounds similar to the ruling by California’s court in May 2008. The arguments presented to the Califonria court in March 2009 touched more on the right of Californians to strip other Californians of constitutionally protected rights through the initiative process. Only time will tell now.