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 Iowa Gay Marriage Ban Overturned
by 365Gay.com Newscenter Staff
Posted: August 30, 2007 - 5:00 pm ET
(Des Moines, Iowa) A Des Moines judge late
Thursday afternoon stuck down the state's law that prevents same-sex couples
from marrying.
Judge Robert B. Hanson ruled
that the state's so-called Defense of Marriage Act violates the Iowa state
constitution.
In his decision, Hanson said, "Couples,
such as Plaintiffs, who are otherwise qualified to marry one another may not be
denied licenses to marry or certificates of marriage or in any other way
prevented from entering into a civil marriage pursuant to Iowa Code Chapter 595
by reason of the fact that both persons compromising such a couple are of the
same sex."
The case began in December 2005 when six same-sex
couples were denied marriage licenses.
The couples are represented by Lambda Legal and
former Iowa Solicitor General Dennis Johnson who is now in private practice.
"I have faith that once my fellow Iowans see
the inherent injustice in leaving these families without the protections of
marriage, they will support allowing these couples to marry," said Johnson
outside the court when arguments were made in the case in May.
Johnson and Lambda argued that under the equal
protection and due process guarantees in the Iowa State Constitution it is
unlawful to bar same-sex couples from marrying.
Papers filed with the court included affidavits
from the same-sex couples in the lawsuit explaining first-hand to the court why
they want to marry and the harms they suffer from being denied this right.
Also included were friend of the court briefs by
faith leaders and religious groups from across the state which support of the
right for same-sex couples to marry.
In one amicus brief Dr. Michael Lamb, a
world-renowned child developmental psychologist said that "children raised
by gay and lesbian parents are as likely to be well-adjusted as children raised
by heterosexual parents."
The Iowa Civil Liberties Union also filed a
friend-of-the-court brief in support of the couples on behalf of Iowa law
professors and historians.
It is expected the case will be appealed and
eventually go to the Iowa Supreme Court.
©365Gay.com 2007
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