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:

Iowa Iowa became the first state in the Midwest to approve same-sex marriage on Friday, after the Iowa Supreme Court unanimously decided that a 1998 law limiting marriage to a man and a woman was unconstitutional.

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

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