Today the Iowa State Supreme Court ruled that the state's ban on same-sex marriage is unconstitutional. The ruling now puts to rest the legal battle of Varnum v. Brien, when in 2005 gay couples sued the Polk County Recorder for denying them marriage licenses. See my original post, from September 7, 2007, Same-Sex Marriage in Iowa is Legal.With Iowa on board, it is now legal for same-sex couples to marry in three U.S. states, including Massachusetts and Connecticut. The decision announced this morning, was completely unanimous and will permit same-sex marriages in as little as 21 days from now.
According to the New York Times, "Same-sex marriages will be permitted in Iowa for at least two years, because the legislative process required to overturn the ruling would take that long. 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. Despite opposition to the ruling by Republican lawmakers, Democrats, who control the legislature, have given no indication that they intend to introduce such an amendment."
Unlike what happened in California, after that state's Supreme Court also ruled that its same-sex marriage ban was unconstitutional, it doesn't look likely that the Iowa legislature will move forward in an attempt to undo this ruling anytime soon.
We are still awaiting California's Supreme Court ruling on the latest round out there. And, although that pending decision does not look too promising, we are slowly witnessing history unfold before our eyes. Little by little, same-sex couples are gaining equality through civil marriage protection. I believe that this movement today toward equal protection in Iowa is a true bellwether of what is destined to happen eventually throughout our country. This is a train that has left the station and cannot be stopped. Because if equality for same-sex couples can happen in a conservative state such as Iowa, then it's only a matter of time for other states to follow suit.
According to the Des Moines Register, Richard Socarides, a former senior advisor to President Clinton on gay civil rights, said that today’s decision could mean as much to gay couples outside Iowa as to couples in the state.
“I think it’s significant because Iowa is considered a Midwest state 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.’”
Tonight, I celebrate a major victory in same-sex marriage equality as we take a small step forward in the gay civil rights movement. I will go to bed with a smile on my face and satisfaction in my heart, knowing that in the long-run, my country will do the right thing. I really know today, what it means to be a proud American.
To read the full 69 page Iowa Supreme Court opinion, or to read an official summary, link over to Supreme Court Ruling and select the summary (pdf) or full opinion (pdf).


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