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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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