Iowa’s surprising decision

April 3, 2009
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I’ll admit it, I’m surprised the Iowa Supreme Court unanimously ruled civil marriage isn’t only for a man and woman. Iowa is in the Midwest and many people in this part of the country have deep-seated, often religious influences on their reasons for opposing gay marriage.

I’d expect an East Coast or West Coast state with big cities and more diverse populations to approve gay marriage, but somewhere in the Midwest? I never thought I’d see that anytime soon.

I skimmed the opinion authored by Justice Mark S. Cady this morning shortly after it was handed down and it’s well-written and pretty interesting. That state’s high court found the gay marriage ban violated the equal protection clause of the Iowa Constitution.

Justice Cady wrote, “Our responsibility, however, is to protect constitutional rights of individuals from legislative enactments that have denied those rights, even when the rights have not yet been broadly accepted, were at one time unimagined, or challenge a deeply ingrained practice or law viewed to be impervious to the passage of time.”

One argument of the county against gay marriage was studies have shown two-parent households with a mother and a father is the most optimal situation to raise children in and a gay household would be detrimental to the well-being of children. On that Justice Cady wrote, "If the marriage statute was truly focused on optimal parenting, many classifications of people would be excluded, not merely gay and lesbian people.”

The ruling got me thinking about how our Supreme Court might decide the issue here. I know the circumstances of a lawsuit wouldn’t be the same and our state constitutions differ, but if given the facts of the Iowa suit here, would our high court reach the same conclusion? Does this ruling also open the door to more Midwestern states allowing same-sex civil marriages or civil unions?
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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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