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Major Ruling: Gay Marriage Ban Is Unconstitutional

April 3, 2009


The world of the bigots got smaller today.  Not  a good day to be a Mormon at the church’s headquarters?

There was great news today when the Iowa Supreme Court unanimously ruled that gay marriage is unconstitutional.  This is a major ruling that is well written, reasoned, and argued meeting all of the legal tests.  As of this writing I am about half way through the 69 pages of the ruling, but desire to get this post up.  More on this matter later here.

Read the powerful decision here.

Even the religious angle is addressed at the end of the ruling.  In smart tight writing  it refutes the absurd nature of the whole idea of the religious right.  I find it very appropriate that the Supreme Court noted that the equal protection argument was the only one that it needed to consider when making its finding.  That argument  in and of itself was so strong as to make for a unanimous ruling. 

I also had to snicker at the county’s argument that to deny gay marriage would save money.  To that the court stated that perhaps then the state would then need to look at a larger group of people getting married, such as second time marriages, and the cost they force onto the state.   There is much to love in this ruling, and the smart way it was constructed.  After reading this decision I still have to ask exactly what threat the conservatives feel will take place with gay marriage.  None exists.    The only reason that anyone ever raises objections to gay marriage is based solely on prejudice and hate.

 But make no mistake about it.  The bigotry that the opponents stand on to deny the rights of all loving couples to marry is being chipped away and undermined with law and logic.  Slowly a new day is dawning in this country.  Someday the sun will even shine in Coloma, Wisconsin.

“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.

And later in the ruling, they said: “Equal protection under the Iowa Constitution is essentially a direction that all persons similarly situated should be treated alike. Since territorial times, Iowa has given meaning to this constitutional provision, striking blows to slavery and segregation, and recognizing women’s rights. The court found the issue of same-sex marriage comes to it with the same importance as the landmark cases of the past.”

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