Iowa Court Overturns Ban on Same-Sex Marriage

Posted by Pam Spaulding at 5:35 AM on August 31, 2007.

This post, written by Pam Spaulding, originally appeared Pam's House Blend

Ah, look at this in the Midwest. I'm sure there will be a fundie eruption shortly.

A 63 page decision issued today by the Iowa District Court for Polk County said that same-sex couples must be allowed to marry based on the Iowa Constitution's guarantee of equal treatment under the law. The case was filed by Lambda Legal on behalf of six same-sex couples and their families in Iowa.

"This decision brings to life the Iowa Constitution's promise of equality for same-sex couples and their families in Iowa," said Camilla Taylor, Senior Staff Attorney in Lambda Legal's Midwest Regional Office in Chicago.

"This is a significant step forward in recognizing the constitutional rights of all Iowans, and it's an amazing day for same-sex couples and their families all across Iowa," said Dennis Johnson of Dorsey and Whitney, co-counsel for the Plaintiffs with Lambda Legal.

In his decision, Judge Robert B. 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."

Dr. James C. Dobson, founder and chairman of Focus on the Family Action, called it another example of a judge legislating from the bench.

"Once again, we see an activist judge handing liberal activists what they have not been able to achieve legislatively or at the ballot box: government sanctioning of same-sex marriage," he said. "This purely political ruling proves yet again that nothing short of a federal marriage-protection amendment is sufficient to preserve one-man, one-woman marriage in our nation.

"By striking down Iowa's DOMA, Judge Robert Hanson has shown he believes the desires of adults should trump what's best for children. His ruling represents social engineering at its worst."

Tagged as: gay rights, gay marriage, dobson, iowa, homophobia

Pam Spaulding blogs at Pam's House Blend.