IOWA SUPREME COURT RULES GAY COUPLES CAN WED: Washington Blade

reports:

In an historic ruling, justices in the Iowa Supreme Court on Friday unanimously granted marriage rights to gay couples living in the state.

The decision is the fourth time that a state Supreme Court has determination that a state constitution should marriage rights to gay couples living in the state. Same-sex marriage was previously available in Massachusetts and Connecticut, and briefly in California.

In the opinion, justices determined the statutory ban on same-sex marriage is unconstitutional because Polk County “has been unable to identify a constitutionally adequate justification for excluding plaintiffs from the institution of civil marriage.”

“Consequently, the language ... limiting civil marriage to a man and a woman must be stricken from the statute, and the remaining statutory language must be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage,” the opinion states.

Justices also ruled that a separate institution, such as civil unions, that would offer relationship recognition but not marriage to same-sex couples would be “equally suspect and difficult to square with the fundamental principles of equal protection embodied in our constitution.”

“We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective,” the opinion says. “The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.” ...

The timing was awkward for state lawmakers who are on track to end the legislative session in coming weeks.

Senate Majority Leader Mike Gronstal, D-Council Bluffs, told reporters that it’s “exceedingly unlikely” the Legislature would deal with the gay marriage issue this year, regardless of the court’s ruling.

more (click here to read the decision in PDF)

Labels: gay marriage, Iowa

posted by Eve at 10:51 AM VOTE

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