By Susan Brinkmann, OCDS
Staff Writer
The Supreme Court of the state of Iowa has unanimously decided that homosexuals should have the right to marry and will allow same-sex marriages to take place beginning April 24.
“The Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution,” said the justices in a summary of their decisionwhich was handed down today.
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.
According to a report in the Des Moines Register, 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 who filed the original suit, 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 he hopes the decision will set the stage for other states.
“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.’”
Gov. Chet Culver, a Democrat, e-mailed his reaction to reporters: “The decision released this morning by Supreme Court addresses a complicated and emotional issue, one on which Iowans have strong views and opinions on both sides. The next responsible step is to thoroughly review this decision, which I am doing with my legal counsel and the attorney general, before reacting to what it means for Iowa.”
“Iowa loses,” said Republican Sen. David Johnson of Ocheyedan. “There have been attempts in the past few years to allow Iowans to weigh in on this issue through our constitutional amendment process and it’s been blocked by majority party leadership. That’s why Iowa loses.”
Iowa Senate Republican Leader Paul McKinley (R-Chariton) issued a statement calling the decision disappointing on many levels.
“I believe marriage should only be between one man and one woman and I am confident the majority of Iowans want traditional marriage to be legally recognized in this state. Though the court has made their decision, I believe every Iowan should have a voice on this matter and that is why the Iowa Legislature should immediately act to pass a Constitutional Amendment that protects traditional marriage, keeps it as a sacred bond only between one man and one woman and gives every Iowan a chance to have their say through a vote of the people.”
Lobbying began immediately for lawmakers to launch the long process of a constitutional amendment to define marriage as only between a man and a woman. Such an amendment requires the votes of a simple majority in both the Iowa House and Iowa Senate in two consecutive sessions, followed by a passing vote of the people of Iowa. At best, a ban could not be put into place until at least 2012 unless lawmakers decide to take up the issue within the next few weeks.
“If you’ll remember when we proposed the Iowa marriage amendment, the Democrats’ excuse for not taking it up was that it was in the hands of the Iowa Supreme Court,” Sen. McKinley said. “It was implied that should they find against traditional marriage, that the Legislature would handle that. I would certainly hope they’ll keep their promise.”
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