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culture

Iowa Clears Way for Gay Marriage (Really? Iowa?)

Kaitlynn Riely

Posted: Apr 3rd 2009 10:30PM

Filed under: Culture, Breaking News, Local, Notre Dame

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?

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