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August 31, 2007

"[T]he exclusion of same-sex couples from marriage is... arbitrary."

An Iowa trial judge has issued an order in Varnum v. Brien finding that the state's prohibition on recognition of same-sex marriages is "arbitrary" (at 61).  "Because [the statute] violates Plaintiffs' due process and equal protection rights for the aforementioned reasons including, but not limited to, the absence of a rational relationship to the achievement of any legitimate governmental interest, the Court concludes it is unconstitutional and invalid.  Couples, such as Plaintiffs, who are otherwise qualified to marry one another may not be denied licenses to marry or certificates of marriage or in any other way prevented from entering into civil marriage pursuant to Iowa Code Chapter 595 by reason of the fact that both persons comprising such a couple are of the same sex."  Id. 

We will discuss this opinion in greater detail in future posts, but we wanted to make the opinion itself available as soon as possible.  You can download a copy of the opinion from Lambda Legal's web site by clicking here.  Scroll to the bottom of the page for a PDF copy of the opinion (be forewarned -- it's a 27 mb file). 

-WBT

August 31, 2007 | Permalink

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