
The Iowa Supreme Court this morning unanimously upheld gays’ right to marry.
“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.
The court rules that gay marriage would be legal in three weeks, starting April 24.
Amending the Iowa Constitution “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.” The Senate majority leader, a Democrat, said before the ruling that it was “exceedingly unlikely” that the Iowa Senate would take this up this session, so it appears that marriage equality will be the law in Iowa until at least November of 2012.
You can find a pdf file of a summary provided by the Iowa Supreme Court, or read a pdf of the full opinion. For something shorter, the blogger at WordInEdgewise has written an excellent summary of the decision.
Here’s a few bits from the Iowa Supreme Court’s summary:
Promotion of Optimal Environment to Raise Children. […] Although the court found support for the proposition that the interests of children are served equally by same-sex parents and opposite sex parents, it acknowledged the existence of reasoned opinions that dual gender parenting is the optimal environment for children. Nonetheless, the court concluded the classification employed to further that goal—sexual orientation— did not pass intermediate scrutiny because it is significantly under-inclusive and over-inclusive.
The statute, the court found, is under-inclusive because it does not exclude from marriage other groups of parents—such as child abusers, sexual predators, parents neglecting to provide child support, and violent felons—that are undeniably less than optimal parents. If the marriage statute was truly focused on optimal parenting, many classifications of people would be excluded, not merely gay and lesbian people. The statute is also under-inclusive because it does not prohibit same-sex couples from raising children in Iowa. The statute is over-inclusive because not all same-sex couples choose to raise children. The court further noted that the County failed to show how the best interests of children of gay and lesbian parents, who are denied an environment supported by the benefits of marriage under the statute, are served by the ban, or how the ban benefits the interests of children of heterosexual parents. Thus, the court concluded a classification that limits civil marriage to opposite-sex couples is simply not substantially related to the objective of promoting the optimal environment to raise children.
Promotion of Procreation. Next, the court addressed the County’s argument that endorsement of traditional civil marriage will result in more procreation. The court concluded the County’s argument is flawed because it fails to address the required analysis of the objective: whether exclusion of gay and lesbian individuals from the institution of civil marriage will result in more procreation.The court found no argument to support the conclusion that a goal of additional procreation would be substantially furthered by the exclusion of gays and lesbians from civil marriage.
Promoting Stability in Opposite-Sex Relationships. The County also asserted that the statute promoted stability in opposite-sex relationships. The court acknowledged that, while the institution of civil marriage likely encourages stability in opposite-sex relationships, there was no evidence to support that excluding gay and lesbian people from civil marriage makes opposite-sex marriage more stable.
I’m particularly glad that the Court’s decision brought up the best interests of children being raised by same-sex parents, a group that has been too frequently ignored in debates regarding marriage equality.
I don’t have enough understanding of Iowa politics to guess whether or not anti-equality folks will be able to amend the Iowa constitution to remove equal protection guarantees from same-sex couples for marriage laws. But in the meantime, this is extremely good news.
UPDATE 2: PG in comments writes:
I think we’ll be able to gauge the potential for backlash by whether the judges up for retention elections in 2010 (Justices Marsha K. Ternus, Michael J. Streit and David L. Baker) win those elections. Judicial retention elections tend to be pretty pro forma; when a justice loses, it’s indicative of public angst about his/her actions. If the anti-SSM folks can rally people to show up for a mid-term election and vote against the retention of these judges, that’s a bad omen for 2012.
UPDATE: Pam’s post at Pandagon includes some nice quotes of various right-wingers losing their shit.
Curtsy: Box Turtle Bulletin. Image from Dunechaser.
@CharlesS: Vance thinks he's king, but doesn't realize that he isn't even venomous?