...But none of those complaints identify the real problem with the ruling: Rather than simply requiring the state to justify its ban as a necessary and proper exercise of its police powers, the Iowa court first spent the better part of its opinion explaining why laws targeting gays deserve heightened judicial scrutiny. It's not until page 51 that the court began to examine and then reject each of the state's five flimsy justifications. In other words, the court placed the burden on individual citizens to demonstrate that their rights were worth protecting, rather than on the state to account for its discriminatory exercise of power.

Labels: gay marriage, Iowa

VOTE

<< Home