To read the SUMMARY
To read the OPINION.
From The Des Moines Register:
"The Iowa Supreme Court this morning struck down a 1998 state law that limits marriage to one man and one woman. The ruling is viewed as a victory for the gay rights movement in Iowa and elsewhere, and a setback for social conservatives who wanted to protect traditional families. The decision makes Iowa the first Midwestern state, and the fourth nationwide, to allow same-sex marriages. Lawyers for Lambda Legal, a gay rights group that financed the court battle and represented the couples, had hoped to use a court victory to demonstrate acceptance of same-sex marriage in heartland America. Richard Socarides, a former senior adviser to President Bill Clinton on gay civil rights, said today’s decision could set the stage for other states. Socarides was was a senior political assistant for Iowa Sen. Tom Harkin in the early 1990s. 'I think it’s significant because Iowa is considered a Midwest sate in the mainstream of American thought,' Socarides said. 'Unlike states on the coasts, there’s nothing more American than Iowa. As they say during the presidential caucuses, 'As Iowa goes, so goes the nation.’'"
Wrote the court in a memo: "In a unanimous decision, the Iowa Supreme Court today held that 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 decision strikes the language from Iowa Code section 595.2 limiting civil
marriage to a man and a woman. It further directs that the remaining statutory language be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage. Today’s ruling resolves an action brought by six same-sex couples who were refused marriage licenses by the Polk County Recorder. Except for the statutory restriction that defines marriage as a union between a man and a woman, the twelve plaintiffs met the legal requirements to marry in Iowa. "
marriage to a man and a woman. It further directs that the remaining statutory language be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage. Today’s ruling resolves an action brought by six same-sex couples who were refused marriage licenses by the Polk County Recorder. Except for the statutory restriction that defines marriage as a union between a man and a woman, the twelve plaintiffs met the legal requirements to marry in Iowa. "
Press release from Iowa Senate Majority Leader Mike Gronstal and Iowa House Speaker Pat Murphy:
"Thanks to today's decision, Iowa continues to be a leader in guaranteeing all of our citizens' equal rights. The court has ruled today that when two Iowans promise to share their lives together, state law will respect that commitment, regardless of whether the couple is gay or straight. When all is said and done, we believe the only lasting question about today's events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Today, the Iowa Supreme Court has reaffirmed those Iowa values by ruling that gay and lesbian Iowans have all the same rights and responsibilities of citizenship as any other Iowan. Iowa has always been a leader in the area of civil rights. In 1839, the Iowa Supreme Court rejected slavery in a decision that found that a slave named Ralph became free when he stepped on Iowa soil, 26 years before the end of the Civil War decided the issue. In 1868, the Iowa Supreme Court ruled that racially segregated 'separate but equal' schools had no place in Iowa, 85 years before the U.S. Supreme Court reached the same decision. In 1873, the Iowa Supreme Court ruled against racial discrimination in public accommodations, 91 years before the U.S. Supreme Court reached the same decision. In 1869, Iowa became the first state in the union to admit women to the practice of law. In the case of recognizing loving relationships between two adults, the Iowa Supreme Court is once again taking a leadership position on civil rights. Today, we congratulate the thousands of Iowans who now can express their love for each other and have it recognized by our laws.
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