Friday, April 3, 2009
Iowa Supreme Court Strikes Down Opposite-Sex Only Marriage Law
The New York Times: Iowa Court Says Gay Marriage Ban Is Unconstitutional, by Monica Davey and Liz Robbins:
The decision was the culmination of a four-year legal battle that began in the lower courts. The Supreme Court said same-sex marriages could begin in Iowa in as soon as 21 days...
“The Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution,” the justices said in a summary of their decision...
Advocates of same-sex marriage said they did not believe opponents had any immediate way to overturn the decision. 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.
Iowa has no residency requirement for getting a marriage license, which some suggest may mean a flurry of people from other states.
The opinion is available here.
https://lawprofessors.typepad.com/reproductive_rights/2009/04/iowa-approves-gay-marriage-.html