Cake

Iowa's opportunity to provide equality

By: Daily Iowan Editorial Board

Posted: 6/17/08

For Californians, this day is one surrounded either by fame, or by infamy: On May 15, the California Supreme Court overturned the state's ban on gay marriage; the decision will take effect today. California will then join Massachusetts as the only states offering marriage licenses to same-sex couples - a service once (briefly) provided in Iowa as well. Unfortunately, just as in past struggles for equality and civil rights, closed-minded people continue to make the movement as difficult as it is divisive. But, despite the present discord, history will recognize and commend the leaders of this effort. To that end, the Iowa courts would do well to remove their former ruling from its present stay in limbo. Until that time, it seems "the pursuit of happiness" will remain largely unavailable to many of those who are legally entitled to it.

Depending on whom you ask, Iowa's legalization of gay marriage might be described in any number of ways, but "lengthy" would certainly not be one of them. The day after District Court Judge Robert Hanson deemed Iowa's gay-marriage ban unconstitutional, he promptly issued a stay of his ruling; only one gay couple was actually able to receive a marriage license. Eventually, an appeal will likely bring the issue before the Iowa Supreme Court. Should the court decide to review the case, it can either affirm Hanson's initial ruling or issue a reversal. In the meantime, both sides are doing all they can to rally support.

Of course, the difficulty inherent in the fight for gay rights remains ever persistent, as evidenced by a recent proposal to amend California's Constitution. Aptly referred to as the Limit on Marriage Amendment, the proposal would once again reserve the right to marry for straight couples only. Given marriage's intimate ties to traditional religious and family values, this sort of obstinacy is unlikely to be extinguished by anything other than time. After all, changed minds are rare when both sides of an issue feel a moral obligation to stand their ground. Rather, it seems that regardless of what decision is made, any sort of universal agreement is a long way off.

Ultimately, progress must likely stem from the same source that facilitated change in previous struggles for civil rights. Throughout recent history, America's youth has always been adamant in its various calls for change - each generation helping to chip away at traditional biases that are falsely held in the name of morality. The current movement seems no different; it is most forcibly marked by a dynamic base of young supporters. Indeed, it seems that the greatest social movements can only come from those who have yet to adopt the status quo.

If it is in the interest of the Iowa courts to ensure equal rights among citizens, Hanson's original decision must be upheld. California and Massachusetts have already begun setting the stage for the effort to ensure gay rights. As such, Iowa has the chance to help lead the way in eliminating our time's greatest threat to universal equality. Of course, such a decision is not likely to gain unanimous popularity in the near future, but this sort of social change rarely does. And, considering the undeniable improvements made by America's previous movements for civil rights, it seems that temporary social discord is a price well worth paying.

One Iowa / Lambda Legal Statement:

As you may have heard, the California Supreme Court recently ruled that it is unconstitutional to bar gay and lesbian couples from marriage, and California soon will join the list of places where same-sex couples may marry. If you are considering travel to California or elsewhere to marry, the documents below contain information about how to obtain a license in California, and about legal implications for out-of-state couples who travel to California to marry. We encourage you to call Lambda Legal's help desk if you have specific questions about the legal ramifications for you individually, including how marriage to a same-sex spouse is likely to affect your legal obligations and eligibility for particular benefits and protections under Iowa law. For more information regarding whether to travel to California or another state or country to marry, see Lambda Legal's FAQs:

"Traveling to Another State or Country to Marry"

"Marriage for Same Sex Couples in California"

If you do choose to get married in California or elsewhere, we encourage you to call Lambda Legal before filing a lawsuit to seek respect for your marriage once you return home to Iowa. Lambda Legal may be able to assist you in getting your marriage recognized in some circumstances. Additionally, in a joint advisory, four legal groups and five other leading LGBT groups explain that while couples who go to another state or country to marry should ask friends, neighbors and institutions to honor their marriages, filing a lawsuit may not be a good idea. Ill-timed lawsuits are likely to set the fight for marriage back.

For more resources, visit Lambda Legal's Relationship Resources page.

Meanwhile, here in Iowa, Lambda Legal won a trial court victory last August on behalf of six same-sex couples seeking the right to marry, and three of their children. We currently are defending that victory before the Iowa Supreme Court, where we are waiting for oral argument to be scheduled. The Iowa Supreme Court could reach a decision in 2009. While there are never any guarantees in court cases, we are hopeful that the Iowa Supreme Court will affirm the trial court's powerful decision so that Iowa same-sex couples may plan their weddings soon in their own communities, joined by family and friends celebrating their commitment.

Read more about Lambda Legal's groundbreaking marriage lawsuit in Iowa and see a description of the briefs filed by Iowa and national leaders (including elected officials, child advocates, faith leaders, physicians and others) in support of same-sex couples seeking to marry.

Legal Unions Must Be Recognized in Iowa

As appeared in the Opinions Section of the Des Moines Register | June 5, 2008

Even if a majority of Iowa citizens do not wish to recognize gay marriage, that opinion will not matter in the long term. Article IV of the U.S. Constitution states that, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

This aspect of the Constitution was the justification for the infamous Dred Scott decision, which declared that a slave remained a slave even after crossing into a free state. Under our current Constitution, a gay couple who has been married in another state can move to Iowa, demand and receive all the same rights and services due a traditional married couple.

To my knowledge, this has not yet become an issue, but the legal precedent is clear. When this issue comes to our state, the preferences and opinions of Iowa citizens will not matter under current federal law.

- Corey J. Smith, Iowa City