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Iowa Clears Way for Gay Marriage (Really? Iowa?)
The Iowa Supreme Court unanimously ruled Friday that a 1998 law which limited marriage to a man and a woman was unconstitutional, stating that same-sex marriages may begin in Iowa in as soon as three weeks.
Tonight I happened to attend a dinner with a professor from the University of Iowa. He told me that when he heard about the decision on CNN, he was more surprised that his state was making national news than to hear that gay marriages would soon be legalized.

A lot of people, he said, misjudge Iowa. So it's not a rural state with a lot of corn, wondered one of my dinner mates. Yes, it is, he said. But it's also the state that helped propel Barack Obama to the presidency. In January 2008, Obama won Iowa's Democratic caucus, and many political commentators saw his win in Iowa as a sign he could win the country. Obama won the state of Iowa 10 months later in the general election.
In this context, it's not as surprising that this state smack dab in the middle of the Midwest will become only the third state in the country, following Massachusetts and Connecticut, to permit gay marriage. (Of course, California's decision to allow gay marriage was overturned in November.) The full text of the Supreme Court's decision can be read here.
Lambda Legal, an organization that works to gain civil rights for lesbians, gay men and people with HIV/AIDS, filed a lawsuit in 2005 with Iowa's Polk County Court on behalf of six same-sex couples who were denied marriage licenses in Iowa, with the argument that denying marriage to same-sex couples violates liberty and equality guarantees in the state's constitution.The Iowa Supreme Court opinion states that the legislature enacted a law that excluded gay and lesbian people from marriage, the executive branch of the state enforced the law by refusing to issue marriage licenses to same-sex couples, and the judicial branch had the responsibility to determine if the law violates the Iowa Constitution. The Court decided that it did.
"A statute inconsistent with the Iowa Constitution must be declared void, even though it may be supported by strong and deep-seated beliefs and popular opinion," the court's opinion read.
A poll taken in February 2008 showed that 62 percent of Iowans believed marriage should only be between a man and a woman, while 32 percent said they believed same-sex marriage should be allowed, the Des Moines Register reported. Six percent were unsure.
Once gay marriages are allowed, 21 days following the Supreme Court's April 3 decision, it seems likely that gay marriage will remain a right in Iowa for several years, since a constitutional amendment banning it would require the state legislature to approve the ban during two consecutive sessions, and then the voters would be asked to weigh in, the New York Times reported. A CNN report stated that the earliest the issue could get on a ballot would be 2012.
Iowa has no residency requirement for getting a marriage license, so people from other parts of the country might be making their way to the Hawkeye State to get hitched.
In other Midwestern news this week, the University of Notre Dame rejected students' petition to add sexual orientation to the school's nondiscrimination clause.
Who knew there was so much diversity in the Heartland?
Tonight I happened to attend a dinner with a professor from the University of Iowa. He told me that when he heard about the decision on CNN, he was more surprised that his state was making national news than to hear that gay marriages would soon be legalized.

A lot of people, he said, misjudge Iowa. So it's not a rural state with a lot of corn, wondered one of my dinner mates. Yes, it is, he said. But it's also the state that helped propel Barack Obama to the presidency. In January 2008, Obama won Iowa's Democratic caucus, and many political commentators saw his win in Iowa as a sign he could win the country. Obama won the state of Iowa 10 months later in the general election.
In this context, it's not as surprising that this state smack dab in the middle of the Midwest will become only the third state in the country, following Massachusetts and Connecticut, to permit gay marriage. (Of course, California's decision to allow gay marriage was overturned in November.) The full text of the Supreme Court's decision can be read here.
Lambda Legal, an organization that works to gain civil rights for lesbians, gay men and people with HIV/AIDS, filed a lawsuit in 2005 with Iowa's Polk County Court on behalf of six same-sex couples who were denied marriage licenses in Iowa, with the argument that denying marriage to same-sex couples violates liberty and equality guarantees in the state's constitution.The Iowa Supreme Court opinion states that the legislature enacted a law that excluded gay and lesbian people from marriage, the executive branch of the state enforced the law by refusing to issue marriage licenses to same-sex couples, and the judicial branch had the responsibility to determine if the law violates the Iowa Constitution. The Court decided that it did.
"A statute inconsistent with the Iowa Constitution must be declared void, even though it may be supported by strong and deep-seated beliefs and popular opinion," the court's opinion read.
A poll taken in February 2008 showed that 62 percent of Iowans believed marriage should only be between a man and a woman, while 32 percent said they believed same-sex marriage should be allowed, the Des Moines Register reported. Six percent were unsure.
Once gay marriages are allowed, 21 days following the Supreme Court's April 3 decision, it seems likely that gay marriage will remain a right in Iowa for several years, since a constitutional amendment banning it would require the state legislature to approve the ban during two consecutive sessions, and then the voters would be asked to weigh in, the New York Times reported. A CNN report stated that the earliest the issue could get on a ballot would be 2012.
Iowa has no residency requirement for getting a marriage license, so people from other parts of the country might be making their way to the Hawkeye State to get hitched.
In other Midwestern news this week, the University of Notre Dame rejected students' petition to add sexual orientation to the school's nondiscrimination clause.
Who knew there was so much diversity in the Heartland?
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Feed the Republicans to the Lions
6:34AM 6:34AM Apr 7th 2009
Just take a good look at the statement. This is the trash that the "Christian right" posts. And kids do come to these sites to read the boards and they are bombarded with the "Christian right Republican" posting statement about the use of KY. Now, I ask, WHO are the dirty minded trash, folks? The ones that write the smut like michaelbinca. YOU BETCHA! You can't deny what is in black and white.
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michaelbinca
5:10PM 5:10PM Apr 4th 2009
Hey, the Iowa Supreme Court, the scum bag Iowa lawyers that they are, will be anything to maintain the status quo.
I.O.W.A., which stand for I Oughta Went Around, will always be THE place for non-Jews, non-Catholics, non-Italians, non-Episcopalians to be squeezed out from.
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Greg
9:35PM 9:35PM Apr 4th 2009
As long as it's up to the courts, it will always turn out like this. Legally there's no smart argument for banning gay marriage. You need the collective ignorance of the majority to ban it.
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TRogers
12:53AM 12:53AM Apr 5th 2009
I'm straight and I read the Bible and there are as many prohibitions against being gay as there are against eating shrimp and usury- making money. So then we're all going to Hell. Pray to whoever you want, BUT KEEP YOUR DAMN RELIGION OUT OF MY COUNTRY'S LAWS, YOU UNAMERICAN FREAKS!
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davylightning
10:24AM 10:24AM Apr 7th 2009
I hate when morons try to play theologians. There are no prohibitions in the Bible against anyone other than Old Testament Jews eating shellfish. Levitical and dietary laws were never applied to the church. Jesus Himself even said that it is not what goes into a man's mouth that makes him unclean, but what comes out of it. Homosexuality however IS dealt with in the New Testament (which is what the Christian church claims as their standard), as is adultery, theft, fornication, lying, etc. As C.S. Lewis said "Those who can't understand grown up books shouldn't be reading them".
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Craigushka
4:25AM 4:25AM Apr 5th 2009
Another nasty no good bunch of rotten to the core politicians in that immoral state of Iowa. These people reject the word of GOD, an dcall him and his word a lie, to appease a satanic bunch of immoral sodomites, and deviates.
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Craigushka
4:38AM 4:38AM Apr 5th 2009
If you are a sodomite, liberal, socialist, maxist, communist, Hollywood, NWO gang, crooked politician, Nazi type cop, then you are Un-American. America was formed a Christian Nation, but not the mainstream type Christian nation who is deceived, and deceiving, and tolerant of evil. The forefathers were the real Christians who formed America the real Christian nation, not as it is today. Evil has temporarly taken over until the great God and savior Jesus Christ returns to claim what is rightfully his. Then his angels will gather up the afore mentioned groups etc, and those tares will be destroyed forever, and his glorious Kingdom will be established forever.
That shell fish and shrimp eating is not an abomination as homosexuality is, so stop using it as an excuse to carry on your immoral lives.
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Feed the Republicans to the Lions
6:38AM 6:38AM Apr 7th 2009
Craigushka... If you are going to dictate the Bible as law then you MUST dictate the ENTIRE Bible as law. You cannot cherry pick - and there are NO degrees of sin (even the Bible says that). People like you are why people like me stay away from churches and YOUR version of "God." Phony "christians" will pave the road to hell.
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WMMorgan
4:46AM 4:46AM Apr 5th 2009
Despair not, patriots: Read Section 3, Article X of the Iowa constitution. Iowans can convene electors to reverse this insane usurpation as soon as this year--oe even NEXT MONTH. For some weird reason, all the news organizations are saying Iowans must wait helpless until 2012. It ain't so, unless I'm reading that section wrong.
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Kathleen Harris
12:15AM 12:15AM Apr 7th 2009
In order for the gay marriage rights, to be overturned, it must be presented to congress and the senate. In Iowa we now have a Democratic House and senate, that bill will not see the light of day. My partner and I will be at the courthouse first thing April 24th. Congradulations to all other Iowans who will stand beside us.
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Feed the Republicans to the Lions
6:42AM 6:42AM Apr 7th 2009
Congrats Kathleen! May God bless your marriage with your spouse. =)
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mmitcheroo
8:57AM 8:57AM Apr 7th 2009
Like I said, read Section 3. If the year ends in zero, the Assembly is powerless to stop any amendment passed by convention.
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mmitcheroo
4:49AM 4:49AM Apr 5th 2009
Every news organization--even FOX News--is reporting that Iowans cannot overturn their high court's outrageous usurpation. But Section 3, Article X of the Iowa Constitution states clearly that every tenth year, from 1970 onward (and at the statuatory behest of the State Assembly ANYTIME), Iowan electors may convene to amend their state's constitution. Why is everyone ignoring Section 3, Article X?
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HBEAGLE
8:41AM 8:41AM Apr 5th 2009
No, the people of Iowa didn't allow gay marriage. A couple of judges did just like is happening other places.
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Sue
2:44PM 2:44PM Apr 5th 2009
Sioxcity....you have it wrong. The state constitution, much like the ones in Conn and Mass all do not expressly say gay marriage is legal, when the gay lobby ties gay marriage to civil rights (which is a legal fiction, much like privacy) is where the liberal judges, paid off in some way by the gay lobby, twisted their judicial ethics to the point of being a vapor in order to give that ruling. Basically its cowardice of the worst sort. The kind of cowardice that lingers for generations. The kind of cowardice that promotes selling out intead of being an adult and accepting things. I know conservatives said it before and look at the results. When civil unions were promoted, gays said,,thats all we want... yea right. Which is why gays are so vitriolic when conservatives get laws passed they dont like. Like little pathetic 8 year olds, when they dont get their way...they cry and whine. Facts are things gays dont like either. Gays are and always has been a VERY SMALL minority. The pathetic creatures that want to get sex change operations are a statistical zero. The amount of "gay bashing" that actually happens (not what constitutes it, but REAL ones) is so miniscule. But like all spoiled, bratty eight year olds, they cry the loudest.
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Feed the Republicans to the Lions
6:42AM 6:42AM Apr 7th 2009
Sue... who is crying and whining? ROFL You are jackass, Sue. God help the man that is stuck with you! Seriously. Wow. Your personality REALLY comes out in your post. It would make any man wish he COULD "turn gay" if all women were like you. YOU BETCHA!
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MECHICAGO
3:28PM 3:28PM Apr 5th 2009
Gay folks live as married without equality and protections that straight folks have. The majority of us want a lifetime partner to love and share our lives with. Our marriage will not harm or make your marriage any less. EQUALITY FOR ALL NOT JUST STRAIGHT PEOPLE.
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Al Wunsch
6:12PM 6:12PM Apr 5th 2009
With 62% of Iowans opting for marriage between a man and a woman and the court overturning the 1998 law, it would seem to me that it's not Iowa that is speaking here but an activist court. That's par for the course. Why the court seems to think it has the right to redefine marriage only they can answer. So the people will have to go for an amendment and many people, especially homosexuals, will have to deal with this miscarriage of justice as the process churns.
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Alyssa
1:00PM 1:00PM Apr 15th 2009
"Why the court seems to think it has the right to redefine marriage only they can answer. " **** The court is not taking any stance on marriage, only the constitutionality of the statute.
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Al Wunsch
7:41PM 7:41PM Apr 15th 2009
RE: Alyssa
1:00PM 1:00PM Apr 15th 2009
I agree that the court has the right to determine constitutionality - that is their function. That only equates to gay marriage if the law is so written, otherwise it should go back to the legislature to be rewritten as they want pending another review. If the legislature lets it stand, then the people's only avenue is to amend the constitution to preserve marriage as it has been defined for thousands of years. Gay marriage, besides being an oxymoron, is not a human right and the people should not be duped into thinking it is.
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