Sunday, March 30, 2008

Groundswell of Support for Marriage from Iowa Leaders

A wide array of organizations and individuals have filed over a dozen friend-of-the-court briefs

at the Iowa Supreme Court on behalf of the six same-sex couples and their families in Lambda Legal's historic marriage case.

Former Lieutenant Governors Joy Corning and Sally Pederson were among the signers. They wrote: "We have a deep respect for the role of the Iowa Supreme Court and the judicial process. We signed our names to a brief submitted to the Court because we believe that the Court is the proper place to decide this matter."

We filed our case with the Polk County Court in December 2005, arguing that denying marriage to same-sex couples violates the equal protection and due process guarantees in the Iowa State Constitution.

In August 2007 the trial court ruled that denying marriage to same-sex couples was unconstitutional. The final decision in this case will be made by the Iowa Supreme Court.

Other Signatory Highlights:

  • Rev. Paul Shultz, Director of the Wesley Foundation at the University of Iowa: "Couples who seek to care for one another and their families within the bonds of marriage should be embraced and celebrated." Read more from the brief.
  • Marti Anderson, President of the National Association of Social Workers, Iowa Chapter: "We support the right of same-sex couples to enter into civil marriage and receive all accompanying rights, protections, and privileges…and the rights of the children of same-sex couples to a secure and stable home established through civil marriage. The Iowa district court decision supports the rights of children of same-sex couples." Read more from the brief.
  • Randall Wilson, Legal Director at the ACLU of Iowa Foundation: "Iowa's legal tradition includes many instances of insightful and courageous court decisions supporting the right of equality. In our brief, we argue that this must not change."
  • Dr. Kevin Mumford, History Professor at the University of Iowa: "Providing loving couples with access to marriage will be another proud moment in Iowa history." Read more from the brief.

The Iowa Family Policy Center is at it again...

Friday, March 28, 2008

Iowa Leaders and Lambda Legal File Briefs in Case Seeking Marriage Equality

Over 200 Iowa faith leaders and two former Lieutenant Governors sign on to briefs filed today.

(Des Moines, March 28, 2008) — At least 17 briefs will be filed by a wide array of both Iowa-based and national organizations and individuals at the Iowa Supreme Court this week on behalf of the six same-sex couples and their families seeking marriage in Iowa.

One of the briefs, signed by former Lieutenant Governors Joy Corning and Sally Pederson states that the Iowa Supreme Court is the proper body to address this issue.

In a joint statement Corning and Pederson said, "We are proud of Iowa's long history in ensuring fairness and equality for all Iowans. As former elected officials, we have a deep respect for the role of the Iowa Supreme Court and the judicial process. We signed our names to a brief submitted to the Court because we believe that the Court is the proper place to decide this matter. We have a keen understanding of the different roles the courts and legislature play in leading our state and treating all Iowans with fairness."

Rev. Paul Schultz, Director of the Wesley Foundation at the University of Iowa, signatory on the faith leader amicus brief: "As a minister I value marriage and family and believe that loving couples should have an equal chance to experience the joy, comfort and responsibility that marriage provides. Couples who seek to care for one another and their families within the bonds of marriage should be embraced and celebrated."

Marti Anderson, MSW, LISW, President of the National Association of Social Workers, Iowa Chapter said, "The National Association of Social Workers, Iowa Chapter, believes this case is critical to the well-being of Iowa's children and families. We support the right of same-sex couples to enter into civil marriage and receive all accompanying rights, protections, and privileges. We support the rights of the children of same-sex couples to a secure and stable home established through civil marriage. The Iowa district court decision supports the rights of children of same-sex couples."

"We feel very honored to have the support of so many influential Iowa leaders," said Camilla Taylor, Senior Staff Attorney in Lambda Legal's Midwest Regional Office in Chicago. "Faith leaders, pediatricians, scientists, elected officials, child welfare advocates and civil rights groups are just a few among the signatories."

"We have always been ahead of our neighbors in fighting for civil rights, and now is the time for our state to take the next step in ending inequality," said Dennis Johnson, former Iowa Solicitor General now of Dorsey and Whitney.

In December 2005, Lambda Legal filed a lawsuit with the Polk County Court on behalf of six same-sex couples who were denied marriage licenses in Iowa, arguing that denying marriage to same-sex couples violates the equal protection and due process guarantees in the Iowa State Constitution. In August of 2007 the trial court ruled that denying marriage to same-sex couples was unconstitutional. The final decision in this case will be made by the Iowa Supreme Court.


Statements from some of the friend-of-the-court brief signatories:

Randall Wilson, Legal Director at the ACLU of Iowa Foundation: "For all of the groups we represent in our brief, the important question remains, when it is their day in court, will constitutional review be meaningful, or will Iowa courts simply provide lip service to principle and accept even the weakest of excuses for discrimination that our governments might concoct. Iowa's legal tradition includes many instances of insightful and courageous court decisions supporting the right of equality. In our brief, we argue that this must not change."

Dr. Dianne McBrien, Clinical Associate Professor of Pediatrics at the University of Iowa Roy J. and Lucille A. Carver College of Medicine in Iowa City: "Many pediatricians and other child advocates feel that children born to or adopted by same-sex couples deserve the same legal, financial, and emotional security that the children of married heterosexual couples have. A substantial body of evidence has demonstrated that the children raised by gay parents are as emotionally healthy as those raised by heterosexual couples. A ban on gay marriage would disenfranchise the growing number of Iowa children being raised by same-sex couples."

Dr. Kevin Mumford, History Professor at the University of Iowa, signatory on the Iowa history brief:

"At a time when Iowa and the nation have rejected the old-fashioned racism that stigmatized 'miscegenation' and endangered black/white marriages and families, the citizens of our state must again stand for equal protection under the law. Back in 1976 Iowa lawmakers pioneered the repeal of anti-gay sex statutes, and later the University of Iowa pioneered same-sex partner accommodations. Providing loving couples with access to marriage will be another proud moment in Iowa history."

Angela Onwuachi-Willig , Professor of Law at the University of Iowa, signatory on the Iowa history brief:

"We look back with pride that Iowa eliminated its ban on interracial marriage 116 years before the landmark US. Supreme Court decision in Loving v. Virginia which struck down such laws around the country and declared that marriage is a fundamental right. Iowa has long been a leader in protecting rights and extending equality--116 years from now I hope Iowans will be able to look back proudly at its place in history allowing same-sex couples to marry."

Camilla Taylor, Senior Staff Attorney and Kenneth Upton, Senior Staff Attorney are handling the case for Lambda Legal. They are joined by former Iowa Solicitor General Dennis Johnson of Dorsey and Whitney in Des Moines.

The case is Varnum v. Brien.

Tuesday, March 4, 2008

Rants fails in his push to debate gay marraige

JASON CLAYWORTH • REGISTER STAFF WRITER • March 4, 2008

A lawmaker’s attempt to push legislation aimed at amending the Iowa Constitution to ban gay marriage failed this morning.

House Minority Leader Christopher Rants, a Sioux City Republican, sought a procedural vote to allow the proposal to skip past the typical legislative process.

If he had been successful, House Joint Resolution 8 would have become eligible for debate by the full House. It also would have survived past a committee deadline this week. Most legislation must pass a House or Senate committee by the end of this week in order to remain eligible for further debate this year.

“I’m disappointed by the outcome,” Rants said shortly after the 46 to 49 vote split along party lines.

Democratic majority leaders have resisted debate on the resolution. The issue is currently before the Iowa Supreme Court and debating the issue before the court rules would subvert the judicial process, they have said.

The issue came about after a ruling last year by Polk County District Court Judge Robert Hanson that said Iowa's 1998 marriage law was unconstitutional in defining marriage as only between a man and a woman.

“It was primarily done to generate press, which I think it certainly served that purpose,” said House Majority Leader Kevin McCarthy, a Des Moines Democrat.

One Republican and four Democrats were absent or not voting on the issue. The Republican was Ralph Watts of Adel. The Democrats were: Marcella Frevert of Emmetsburg, Geri Huser of Altoona, Janet Petersen of Des Moines, and Nathan Reichert of Muscatine.

Watts and Huser have previously indicated that they would vote this year in support of the resolution if it were brought up for debate while the other Representatives who did not vote on the issue today have indicated they would not support the legislation.

Today’s vote, however, was not on the resolution itself but on its path through the Legislature. Lawmakers were voting on whether the proposal could skip typical procedure and become eligible for debate.

Sunday, March 2, 2008

Respect the Court


Contact your legislators and ask them to respect the role of the Iowa Supreme Court!

Email your legislators NOW and then join us for Civics Day at the Capitol on March 12. Your help is critical to stop the divisive tactics of extremists to write discrimination into our constitution.

Iowans have a deep respect for our constitution and our Supreme Court. Unfortunately, a number of individuals and organizations in Iowa are attempting to circumvent and undermine the judicial process. They have even resorted to hate-filled rhetoric, comparing gay and lesbian couples to Hitler, the Gulags, and rapists!

Help us stop their extremist tactics!

  • Email your legislators NOW! Ask them to respect the role of the Iowa Supreme Court - and not write discrimination in our constitution.
  • Join us for Civics Day at the Capitol! Join your friends and allies to voice your respect.
  • Civics Day at the Capitol
    March 12, 2008 - 9:30 AM
    Registration/Training: Iowa State Historical Building
    Hosted by: ACLU of Iowa, Interfaith Alliance of Iowa Action Fund, Iowa Planned Parenthood Affiliate League, LGBT Community Center of Central Iowa, and One Iowa

    Click here to Register!


Send a letter to the following decision maker(s):
Your Representative (if you live in Iowa)
Your State Senator (if you live in Iowa)

Below is the sample letter:

Subject: Respect the Court!

Dear [decision maker name automatically inserted here],

Despite the divisive tactics of extremists to write discrimination into our constitution and circumvent the judicial process, I strongly encourage you to respect the role of the court and OPPOSE HJR 8 and SJR 2001!

Like many other Iowa voters, I have a deep respect for the Iowa Constitution, our Supreme Court, and the judicial process. The independence of the judiciary is a critical piece of our great democracy.

This is a matter before the court and I believe the judicial process should be respected throughout. In the meantime, the people of Iowa elected the legislature to take care of the many important issues currently facing Iowa families such as health care, jobs, and education.

Sincerely,

[Enter Name Here]