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Same-sex marriage in Iowa (SSM)Support for the Iowa Supreme
Court
ruling legalizing same-sex marriage.
Sponsored link.


The ruling:The justices of the Iowa Supreme Court ruled
unanimously on 2009-APR-04 that:
"... the language in Iowa Code section 595.2 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. 1, Page 69

Reactions to the court ruling from those in support of marriage equality:
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A group of same-sex couples met in a hotel in Des Moines. Kate Varnum, 34,
reached over to Trish Varnum and said: "I'd like to introduce you to my
fiancée. Today I am proud to be a lifelong Iowan. ... We are blessed to live
in Iowa." 2
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Ed Fallon, a former state lawmaker, said:
"Iowa has always been on the cutting edge of civil rights, whether it's
regarding desegregation of schools or the rights of African-Americans to be
full citizens. "This is huge. And I think it's a testament to the fairness and
sense of decency that Iowans have." 12
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Laura Fefchak, an Iowa lesbian, said: "Iowa is about justice, and that's
what happened here today." 3
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Suzanne B. Goldberg, clinical professor and director of
the Columbia Law School Sexuality & Gender Law Clinic, said:
"This is a tremendous victory for gay and lesbian couples and for all who care
about equality. The court recognized that the state's equality guarantee
cannot tolerate having rules that single out gay couples and exclude them from
marriage." 4
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Carolyn Jenison, executive director of One Iowa,
the state's largest LGBT advocacy organization, said:
"Today's victory assures that all Iowans have access to marriage and the
security, dignity and protections it provides. We extend our best wishes to
the couples who choose to recognize their commitment to each other through
marriage." 4
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Sen. Matt McCoy, D-Des Moines, an openly gay state legislator, called
Friday a "red-letter day" because the state's highest court has upheld equal
protection in Iowa.
"Thousands of Iowans who have worked hard, raised families, and paid taxes
will now be afforded the opportunity to marry. Today Iowa is
sending a message to young people, both gay and straight. If you are looking
for a great place to live, a place where people treat their neighbors with
respect, come to Iowa to work, to invest and to raise a family." 4
Actually, he is clearly wrong. Polls show that the majority of adults in Iowa oppose marriage equality.
It is the Supreme Court of Iowa who promotes treating neighbors's
relationships with respect and equality.
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Rea Carey, Executive Director of the National Gay and Lesbian Task
Force wrote:
"This ruling marks another watershed moment in the struggle for full equality.
No longer will same-sex couples have their relationships treated as less than
equal by the state. The court rightly affirmed that no loving committed couple
should be denied marriage and the critical protections only marriage can
provide. This ruling also affirms our common humanity by providing same-sex
couples with the opportunity to participate in the shared hopes and dreams of
making a public commitment to the person they love. We are thrilled that
equality has come to Iowa!"
"We extend our heartfelt thanks to the plaintiffs and groups that made today's
victory possible, especially to Lambda Legal for serving as lead legal
counsel, and One Iowa for its statewide public education and advocacy
to promote the freedom to marry. We know that many fair-minded Iowans -- and
fair-minded people across the country -- will be celebrating with us in
response to today's decision." 5
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Americans United for the Separation of Church and State issued a press
release:
"Today's Iowa Supreme Court decision striking down a state law banning same-sex
marriage is a welcome reaffirmation of religious liberty, says Americans
United for Separation of Church and State."
"In its unanimous ruling, the
Iowa high court makes it clear that religious denominations have a
constitutional right to set their own rules about marriage but that civil law
should reflect equal protection for all citizens and not be anchored in
religious dogma."
" 'The court has reaffirmed religious liberty,' said the Rev. Barry W. Lynn,
executive director of Americans United. 'The justices reminded us that
religious groups are free to marry whomever they choose, but civil law cannot
be based on any group's theology." 6
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Laura Fefchak, was hosting a "verdict party" in the Des Moines suburb of
Urbandale with Nancy Robinson.
They have been in a committed relationship for 13 years. Laura said: "Iowa is
about justice, and that's what happened here today,. Robinson added: "To tell
the truth, I didn't think I'd see this day." 7
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Richard Socarides, an attorney and former senior adviser on gay rights to
President Clinton, said: "It's a big win because, coming from Iowa, it
represents the mainstreaming of gay marriage. And it shows that despite
attempts stop gay marriage through right wing ballot initiatives, like in
California, the courts will continue to support the case for equal rights for
gays." 8
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Derek C. Araujo, Vice President and General Counsel of the Center for
Inquiry of the Council for Secular Humanism
commented in their online news:
"The opinion in Varnum v. Brien is an important victory
for all who value equality under the law, as well as for those who oppose
efforts to enshrine religious prejudice into law."
Last year the Center for Inquiry's legal department filed a joint amicus brief in Iowa
Supreme Court defending the lower court's exclusion of junk-science, in the
form of purported 'expert' opinions by conservative religionists and other
pseudo-scientists. These so-called 'experts' claimed to have scientific,
technical, or specialized knowledge about alleged dangers of same-sex
marriage. In reality, the 'experts' included religious studies scholars, a
historian with ties to a conservative religious advocacy group, and a
self-described expert in 'technoscience' who admitted to relying in her 'moral
intuitions' and 'examined emotions' to reach her conclusions. The district
court found that the state's proffered 'experts' lacked the appropriate
experience or training in the relevant fields of social science, child
development, psychology, or psychiatry to support their opinions. CFI and
other friends-of-the-court argued that the district court properly excluded
the junk science, which amounted to mere personal opinion disguised as
scientific evidence. The state opposed CFI's arguments, with assistance from
attorneys at the Alliance Defense Fund, an anti-gay Religious Right
organization based in Scottsdale, Arizona.
Astonishingly, the Iowa Supreme Court found that the district court should
have admitted the disputed testimony as relevant opinion on 'legislative' and
'constitutional' facts, to which the formal rules of evidence do not apply.
Happily, however, the junk science appears to have had little influence on the
Iowa Supreme Court's ultimate decision. Considering all evidence before it,
the Court unanimously rejected the purported experts' opinions:
'Much of the testimony presented by the County was in the form of
opinions by various individuals that same-sex marriage would harm the
institution of marriage and also harm children raised in same-sex marriages. .
. . Almost every professional group that has studied the issue indicates
children are not harmed when raised by same-sex couples, but to the contrary,
benefit from them. In Iowa, agencies that license foster parents have found
same-sex couples to be good and acceptable parents.'
The Court declared that in light of the total evidence, the district
court's exclusion of the purported expert testimony 'is of no consequence'
under the Court's standard of review. 9
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Rev. William Sinkford, President of the
Unitarian Universalist Association (UUA), issued a statement on 2009-APR-03:
"I rejoice at the Supreme Court?s unanimous decision to affirm the rights
of same-sex couples to marry. This ruling, based on the equal protection
guarantee in the Iowa constitution, recognizes the necessity for equal
treatment under the law of all citizens. This decision will strengthen
committed same-sex couples and their families in Iowa, and bring us one
step closer to full legal equality for all Americans. A few days ago
Sweden became the fifth European country to recognize the rights of
same-sex couples to marry, and Americans can take pride that we continue
our climb toward the same goal."
"I want to thank the courageous Iowa
justices and to applaud the many Unitarian Universalists who have worked
tirelessly for marriage equality. The plaintiffs Sean Fritz and Tim
McQuillan were
married in the First Unitarian Church of Des Moines by Rev. Mark
Stringer. I am proud that a Unitarian Universalist congregation honored
the commitment of these two exceptional young men and supported them in
their marriage and in their struggle for legal recognition."
"Today we celebrate, but we know that the struggle for marriage equality
is far from over. Until all of our nation?s marriage statutes are free of
discrimination, the Unitarian Universalist Association will stand on the
side of love and advocate for full legal rights for committed same-sex
couples." 10
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Harold Delaria of Des Moines, who has two gay sons, attended a rally in
downtown Des Moines with Des Moines Mayor Frank Cownie, and about 300 other
celebrants. Delaria said: "We finally have equality in Iowa. It's kind
of the last wall of legalized discrimination and it's coming tumbling down.
" 11
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The Rev. Diane McLanahan of Trinity United Methodist Church in Des Moines
noted that many people of faith won't agree with the ruling. She said that
the court has reached a decision that "... pretty much insists that this will
not be a debate about religious rights but a matter of equality and
fairness." 11
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"Michael" posted a comment on a Sioux City
Journal article stating:
"I am very proud of Iowa and the fact that we can enable ALL people
the same rights under the law. I still cannot see how this affects 'straight',
'normal' marriage. Nothing was taken from them and nothing additional was
afforded to gay couples. The only real change is that now all loving couples
have the same rights and responsibilities (yes, responsibilities) that before
were reserved for "straight" couples. Congratulations Iowa on becoming a
leader in human rights and equality."4
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Dana Gray posted a comment as well:
"For the first time in a long time I am not ashamed of being in Iowa. You know
the funny thing is -- Christians must have very weak families if same-sex
marriage could destroy them. Personally, my family is intact and doing
wonderful and celebrating this wonderful moment for all our same-sex friends!
YAY! As far as Iowa becoming a Mecca of marriage -- well, um the state could
certainly use the boost in tourism dollars!"4
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References used: The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
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Full opinion, Case # 07-1499: Katherine Varnum et al. & Timothy Brien, at:
http://www.desmoinesregister.com/ This is a PDF file.
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"Iowa Court Says Gay Marriage Ban Is Unconstitutional," New York Times,
2009-APR-03, at:
http://www.nytimes.com/
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Kevin Canessa Jr., "Lesbian & Gay Marriage Legal in Iowa--47 More to
Go," DiversityInc, 2009-APR-03, at:
http://www.diversityinc.com/
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Rod Boshart, "Court allows gay marriage in Iowa," Sioux City Journal,
2009-APR-04, at:
http://www.siouxcityjournal.com/
- "National Gay and Lesbian Task Force hails historic Iowa Supreme Court
ruling granting the freedom to marry to same-sex couples," National Gay and
Lesbian Task Force mailing, 2009-APR-04
- "Iowa Supreme Court Ruling On Marriage Upholds Religious Liberty, Says
Americans United," AU Press Release, 2009-APR-03.
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"Iowa Supreme Court: Same-Sex Marriage Ban Is Unconstitutional," Fox
News, 2009-APR-03, at:
http://www.foxnews.com/
- In the Family Research Council press release, the Council enclosed the word marriage in
"quotation marks." This is common among religious and social conservatives who
refuse to recognize SSM as a valid form of marriage. We deleted the quotation
marks because we felt they are disrespectful to loving committed same-sex
couples.
- Derek C. Araujo, "Iowa Supreme Court Overturns Gay Marriage Ban; Junk
Science Opposed by CFI Proves Uncompelling," Center for Inquiry online news,
2009-APR-03.
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"UUA President Celebrates Iowa Marriage Ruling," Unitarian Universalist
Association of Congregations, 2009-APR-03, at:
http://www.uua.org/
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Amy Lorentzen, "Iowa Court Ruling Legalizes Gay Marriage," Associated
Press, 2009-APR-05, at:
http://news.aol.com/
-
"Iowa High Court Strikes Down Gay Marriage Ban," National Public Radio,
2009-APR-03, at:
http://www.npr.org/


Copyright © 2008 by Ontario Consultants on Religious Tolerance
Originally written: 2008-APR-03
Latest update: 2009-MAY-07
Author: B.A. Robinson

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