Subscribe to Breaking News
Loading ...Iowa Supreme Court to hear gay marriage arguments
10.06.2008 12:22pm EDT
(Des Moines, Iowa) The Iowa Supreme Court has announced it will hear arguments Dec. 9 in a case challenging the state’s ban on same-sex marriage.
The court said that both sides will be given 30 minutes to make their arguments.Last year, Polk County Judge Robert Hanson struck down a state law limiting marriage to opposite-sex couples. He ruled that a state law allowing marriage only between a man and woman violated the constitutional rights of due process and equal protection.
Less than two hours after the the ruling, two Des Moines men applied for a marriage license, found a judge to waive the waiting period, and were married.
Hanson then stayed his ruling until the state could appeal it to the Iowa Supreme Court. The marriage of Sean Fritz and Tim McQuillan remains the only legal same-sex marriage in the state.
In a separate case, the Iowa Supreme Court ruled in January that co-adoptions by same-sex parents were legal.
The case involved a lesbian couple who had split up. While they were together, one partner had adopted as a co-parent the children of her partner. When the relationship ended, the birth mother asked a court if the other woman had visitation rights and could be compelled to pay child support.
A lower court ruled that co-adoptions by same-sex couples were illegal and threw out the case. The Supreme Court disagreed and ordered the lower court to revisit the case.
The issue of gay marriage has prompted Republicans and socially conservative groups to press for an amendment to the state constitution to limit marriage to opposite-sex couples.
Democrats who control the legislature have thwarted GOP demands they take up the proposed amendment. House Speaker Pat Murphy (D) has said he is in no rush to bring in legislation.
To amend the Iowa Constitution, simple majorities are needed in both the House and Senate in two consecutive general assemblies and then it must be approved by a simple majority of voters in the following general election.
Polls show that most Iowans would support civil unions, but not marriage, for same-sex couples.
“a state law allowing marriage only between a man and woman violated the constitutional rights of due process and equal protection.”
This ain’t rocket surgery, folks. Either ALL Americans are created equal (and are worthy of equal treatment before the law) or they aren’t. Which shall it be?
“The marriage of Sean Fritz and Tim McQuillan remains the only legal same-sex marriage in the state.”
What about those people legally married in Canaa, Calfornia, Belgium, the Netherlands,Spain, etc.? They, too, are “legally married” – the State f Iowa simply won’t recognize that fact – YET!
It’s time to take an injustice to court, folks.
Of course right-wingers don’t think Due Process and Equality are for all men and women. They are the new party of Slave Owners who want their plantations back, and reparations for lost money due to the loss of slavery.
If they can break the federal standard for Due Process and Equality, then Dixie will rise again!
Understand that states rights is a big deal to them specifically because of the right to own people.
That is why WE as a community need to push on to repealing DADT and DOMA and various hate-crime law updates thereby enforcing our constitutionally-guarentee to due process and equal access ASAP.
No tourism for states that pass antigay laws and constitutional amendments!
The state legislature is acting like a bunch of Amish. Get into the year 2008. If marriage is so sacred between a man an a woman then why is divorce so high in this country? Everyone should be equal!