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Iowa court says gay marriage ban unconstitutional
Associated Press ^ | April 3, 2009

Posted on 04/03/2009 7:10:08 AM PDT by Zakeet

The Iowa Supreme Court says the state's same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making it the third state where gay marriage is legal.

In a unanimous ruling issued Friday, the court upheld a 2007 Polk County District Court judge's ruling that the law was unconstitutional.

The case stems from a 2005 lawsuit filed by Lambda Legal, a New York-based gay rights organization. The group filed a lawsuit on behalf of six gay and lesbian Iowa couples who were denied marriage licenses.

The suit named then-Polk County recorder and registrar Timothy Brien.

The Polk County attorney's office claimed that Hanson's ruling violated the separation of powers and the issue should be left to the Legislature.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; News/Current Events; US: Iowa
KEYWORDS: gay; gaymarriage; gaystapo; homobama; homosexualagenda; iowa; ruling
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Rep. Steve Howard, D-Rutland, who is gay, right, hugs Rep. Rep. Lucy Leriche, D-Hardwick, following preliminary approval of a gay marriage bill in Montpelier, Vt., Thursday, April 2, 2009.

1 posted on 04/03/2009 7:10:11 AM PDT by Zakeet
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To: Zakeet

We live in a Judicial Tyranny.


2 posted on 04/03/2009 7:11:08 AM PDT by Kozak (USA 7/4/1776 to 1/20/2009 Requiescat In Pace)
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To: Zakeet
This is for all of those that said the Family Protection Act was not necessary. How's it feel to have three judges spit in the eyes of the overwhelming majority.
3 posted on 04/03/2009 7:12:47 AM PDT by Pietro
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To: Zakeet

Iowa

Iowa?

IOWA?

This is fully expected in the nutbar places like New England and California. But Iowa? This is about as disturbing a news article as I could have ever imagined.


4 posted on 04/03/2009 7:13:29 AM PDT by mquinn (Obama's supporters: a deliberate drowning of consciousness by means of rhythmic noise)
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To: Zakeet

Prop 8...make it a constitutional change and the black robes can’t be run by the lavender mafia. California doesn’t do a lot right, but we got it correct here. (this time)


5 posted on 04/03/2009 7:13:31 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: Zakeet

so is this saying that homo’s can get married and does this not have a way for an appeal ?

could the people of that state do a constitutional amendment like we did here in FL and would that reverse this judges ruling which is pathetic


6 posted on 04/03/2009 7:16:41 AM PDT by manc (Marriage is between a man and a woman no sick MA,CT sham marriage end racism end affirmative action)
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To: Zakeet

Is everyone alarmed yet? They should be.


7 posted on 04/03/2009 7:17:17 AM PDT by 668 - Neighbor of the Beast (American Revolution II -- overdue.)
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To: Zakeet

Was this based on the state or federal constitution?


8 posted on 04/03/2009 7:17:20 AM PDT by Sloth (The tree of liberty desperately needs watering.)
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To: Zakeet

Ergo polygamy and everything else must now be allowed, too.


9 posted on 04/03/2009 7:18:44 AM PDT by DTogo (Time to bring back the Sons of Liberty.)
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To: manc
could the people of that state do a constitutional amendment like we did here in FL and would that reverse this judges ruling which is pathetic

There was one. The black robe mafia just ruled it unconstitutional and threw it out.

10 posted on 04/03/2009 7:18:51 AM PDT by cspackler (There are 10 kinds of people in this world, those who understand binary and those who don't.)
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To: Drango

.....but I think they ruled that is was a violation of the UNITED STATES Constitutional rights.......so a local Constitutional change is irrelevant.


11 posted on 04/03/2009 7:19:59 AM PDT by ElectricStrawberry (27th Infantry Regiment....cut in half during the Clinton years...)
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To: Drango

Prop 8 will be overturned by the end of the year. It will be overturned by boomer judges and politicians like Jerry Brown who just do what they want.

People don’t change unless they have to.


12 posted on 04/03/2009 7:19:59 AM PDT by ecomcon
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To: mquinn

That is what happens when Iowa has governors like Vilsack and Culver appointing the Supreme Court. Iowa was the second state to have gay marriage, after Massachusetts. Both were imposed by the courts.


13 posted on 04/03/2009 7:20:58 AM PDT by iowamark (certified by Michael Steele as "ugly and incendiary")
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To: mquinn
Hey wasn't Iowa ....BO’s claim to fame !!

Can we scratch Iowa off the map ??

14 posted on 04/03/2009 7:21:00 AM PDT by W-Girl
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To: Sloth

State Constitution. Haven’t read the whole opinion yet, but in discussing the separation of powers they do say that “the power of the constitution flows from the people, and the people of Iowa retain the ultimate power to shape it over time.”

To me that means they are saying that if the people amend the state Constitution banning gay marriage, they will be bound by that amendment.


15 posted on 04/03/2009 7:22:01 AM PDT by crushkerry
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To: cspackler
There was one. The black robe mafia just ruled it unconstitutional and threw it out.

Sorry, I misread your post. Before I am corrected, there was no admendment, just a law that was passed.

16 posted on 04/03/2009 7:22:19 AM PDT by cspackler (There are 10 kinds of people in this world, those who understand binary and those who don't.)
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To: ElectricStrawberry

No way in hell a State Supreme Court ruled the US Constitution allows gay marriage.


17 posted on 04/03/2009 7:22:41 AM PDT by thefrankbaum (Ad maiorem Dei gloriam)
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To: mquinn

Courts in middle-of-the-road states can be taken over, too.

Just means a constitutional amendment for the state.


18 posted on 04/03/2009 7:27:00 AM PDT by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: ElectricStrawberry

State supreme courts rule on state constitutions, at least in most cases. Federal courts deal with the U.S. Constitution.


19 posted on 04/03/2009 7:28:24 AM PDT by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: Zakeet

I have no problems with gays getting married. They just have to marry someone of the opposite sex, just like normal people. No special privileges for them!


20 posted on 04/03/2009 7:28:45 AM PDT by gop4lyf (Obama wants to raise taxes and kill babies. Palin wants to raise babies and kill taxes.)
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To: Zakeet

More judges added to the ‘people to horsewhip’ list.


21 posted on 04/03/2009 7:33:41 AM PDT by Creek Injun
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To: Kozak

It’s soon coming time.

Imagine a subset of the current landmass of the USSA establishing a Constitutional government where:

Only the Constitution and the Bill of Rights are ratified.
Anyone currently serving in a federal gov’t position is banned for life from the gov’t.
All federal laws are repealed, ready for Congress #1 of the New USA republic.


22 posted on 04/03/2009 7:33:42 AM PDT by MrB (Go Galt now, Bowman later)
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To: gop4lyf

“I have no problems with gays getting married. They just have to marry someone of the opposite sex, just like normal people. No special privileges for them!”

True. They can even have a 100% gay marriage...a queer can marry a carpet muncher!


23 posted on 04/03/2009 7:34:43 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: rwfromkansas
In Iowa, an amendment to the state Constitution has to be proposed by 2 successive legislatures before it goes to a referendum. This means that a referendum cannot happen until 2011 at the earliest. To make matters worse, the Dems control the state legislature and will likely block any vote on a constitutional amendment.
24 posted on 04/03/2009 7:37:58 AM PDT by iowamark (certified by Michael Steele as "ugly and incendiary")
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To: rwfromkansas

Quite right...courts in smaller, less populous states can be taken over actually more easily than in bigger states....witness the town in I think it was Oregon where a bunch of Moonies moved to, enmasse, and then had the votes to elect their own people to the town’s elected offices and so took over the town govt.

And yes, the regular manner in which one or two non-elected “judges” (”czars”?) trump the will of the people (shown via voting results) as well as ursurp legislative powers that do not belong to the judiciary show the USA is much more the fascist dictatorship than the kind of govt of the people it was founded to be.

We could call the future of the USA the “4th Reich” or some such...USSA?

Especially with the legislatures failing to defend their turf.


25 posted on 04/03/2009 7:39:08 AM PDT by OldArmy52 (Mainstream Media cheered: Ascension of Castro, Chavez and now Obama.)
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To: Zakeet

Well past time to move the presidential primaries out of Iowa.


26 posted on 04/03/2009 7:39:10 AM PDT by Last Dakotan
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To: Beagle8U
They can even have a 100% gay marriage...a queer can marry a carpet muncher!

And in fact, I knew a couple like that back in the 70's - they got married for the benefits, and to be beards for each other in the military.

27 posted on 04/03/2009 7:40:37 AM PDT by nina0113 (Hugh Akston is my hero.)
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To: rwfromkansas
State supreme courts rule on state constitutions, at least in most cases. Federal courts deal with the U.S. Constitution.

State Courts frequently rule on rights under the U.S. Constitution and Federal Courts have ruled that not only do states have the right to do so but such cases cannot be removed to federal court just because the Constitutional right being ruled on is a right under the U.S. Constitution. These decisions can be appealed to SCOTUS.

28 posted on 04/03/2009 7:40:46 AM PDT by Prokopton
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To: Zakeet

Amend their Constitution to outlaw it. Same as all the other states are doing.


29 posted on 04/03/2009 7:48:53 AM PDT by Non-Sequitur
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To: 668 - Neighbor of the Beast; Kozak

There is no justice in the land.


30 posted on 04/03/2009 7:50:50 AM PDT by anniegetyourgun
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To: Zakeet

HELLO Constitutional Amendment!


31 posted on 04/03/2009 7:51:31 AM PDT by 2harddrive (...House a TOTAL Loss.....)
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To: Kozak

How long will Americans who love God and one of His best creations, the original US Constitution and its Bill of Rights, remain passive to the corruption of America? How long will we citizens stand by while the left socializes the economy and society? How long will we tolerate their massive spending and debt which makes us and our unborn children paupers?

Where is the outrage and push back? There were dozens of court challenges and debates back in the 1930’s when Roosevelt expanded executive power, none now? Is it because we know the courts are corrupt? If so, what other means will we use to regain our shining city on a hill?


32 posted on 04/03/2009 7:57:57 AM PDT by RicocheT
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To: Zakeet

This is scary. Unlike Massachusetts, Iowa is an agricultural breadbasket. Watch crop yields plumett now. God takes His revenge in many ways. Just ask those people burned out of their homes (or had their crops dry up from drought) in California. Russia’s crop yields plummeted too, once she became an atheistic nation in 1922.


33 posted on 04/03/2009 7:58:45 AM PDT by seatrout (I wouldn't know most "American Idol" winners if I tripped over them!)
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To: Prokopton
I don't understand what is happening. I guess I would be considered old, at 60 I guess I am old fashioned.

Why is it that if the majority of people are against queer marriage (I refuse to call it gay) how is it that we put up with it.

Where are our conservative elected leaders. Why is it that none of them are putting their jobs on the line in defense of OUR standards.

The silent majority if one exists needs to make some noise.

I am beginning to believe that there is no silent majority. The queers and the unemployed are running the country. I am a slave, 2/3rds of my taxes go into the pocket of someone else.

It is time for a lot more than a tea party, it is time for a revolt. If judges realize that they have to answer to the majority and the majority is not queer perhaps they will change their opinions/rulings. Because the press makes the most noise and because the majority is silent they think they are doing what we all want. They believe that those against queer marriage are a misguided few.

We've got to start making some noise. I'm not saying that it is time to get out the guns, but it would be nice if someone could lead us in the right direction to be heard.

34 posted on 04/03/2009 7:59:55 AM PDT by JAKraig (Surely my religion is at least as good as yours)
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To: Zakeet

The Iowa governor and legislature should tell the Iowa Supreme Court, in effect, “go to hell, we’re not doing a damn thing to make same-sex marriage legal”, just like old Andy Jackson did with the SCOTUS regarding the Cherokee. The Iowa Supreme Court has no “divisions”, so it cannot enforce its decrees if no one goes along.


35 posted on 04/03/2009 8:00:54 AM PDT by seatrout (I wouldn't know most "American Idol" winners if I tripped over them!)
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To: W-Girl

It was Huckabee’s claim to fame.


36 posted on 04/03/2009 8:02:33 AM PDT by drubyfive
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To: seatrout

Do you have a graph or a chart of that?


37 posted on 04/03/2009 8:03:27 AM PDT by 1010RD (First Do No Harm)
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To: ElectricStrawberry

I just say on another thread it was the Iowa Constitution.


38 posted on 04/03/2009 8:04:56 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: 1010RD

If only we could shop a lawsuit saying that heavy government taxes and out of control spending are un-constitutional we might have a chance of fixing our country.

As if any of those judges would rule in favor of smart fiscal policy.


39 posted on 04/03/2009 8:05:25 AM PDT by GraceG
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To: thefrankbaum

they said the constitution allows sodomy and despite the dicta, that case is being used to allow homosexual based marriage.

IOW marrigage based on popping an orgasm rather than benefit to society.


40 posted on 04/03/2009 8:06:25 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: RicocheT

We are fools if we think that God’s judgment will not come to this land. Fools.

I wonder how many so-called “Christians” in Iowa vote for Dems? Many I would guess. Well this is what you get. Elected Democrats appointing liberal judges. We reap what we sow.


41 posted on 04/03/2009 8:07:36 AM PDT by bella1 (Remember; it took four years of Carter to give us eight years of Reagan.)
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To: Zakeet

This is how we end up with RINOs for presidential candidates. Let’s let a conservative state guide our primaries!


42 posted on 04/03/2009 8:07:40 AM PDT by Aggie Mama
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To: DTogo

If marriage is not exactly the institution designed by G-d for one man and one woman to be joined for the purposes of raising childeren.....

.....Then marriage is absolutely anything you want it to be.

Oedipus can now marry his mommy.


43 posted on 04/03/2009 8:08:09 AM PDT by Uncle Miltie (A trillion here, a trillion there, and pretty soon you are talking about Zimbabwe money.)
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To: ElectricStrawberry

if that is the case this is being set up for a full faith and credit fight.

Folks this course of arguments is comming from the ABA. Not a conspiracy but the left leaning lawyers that convene there just exchange information and ideas.

IOW conventions for left wing principles are allowed for networking but CAPITALIS FOR PRIFIT conventions are not allowed networking opportutnity.


44 posted on 04/03/2009 8:08:37 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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.

America is such a gay country now.

.

45 posted on 04/03/2009 8:08:49 AM PDT by polymuser ("We have a right to debate and disagree with any administration!" (HRC))
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To: Uncle Miltie

The Aristocrats!


46 posted on 04/03/2009 8:09:25 AM PDT by bvw
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To: 1010RD
Regarding the Soviet Unions agricultural failures after it became an atheistic state, I don't think I need to post a chart. That's common knowledge. Before 1922 the (then) Russian Empire was exporting food. After 1922, when the atheists took over and attacked religion, ag yields plunged. I remember back in the 1970s the US selling the USSR huge amounts of grain.
47 posted on 04/03/2009 8:09:53 AM PDT by seatrout (I wouldn't know most "American Idol" winners if I tripped over them!)
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To: JAKraig

— I’m not saying that it is time to get out the guns,—

If now is not the time, that time will soon be at hand.


48 posted on 04/03/2009 8:10:55 AM PDT by seatrout (I wouldn't know most "American Idol" winners if I tripped over them!)
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To: Prokopton

At least in this case, it was based upon the state constitution.

Typically, state supreme courts have deferred to federal courts for the federal Constitution......doesn’t mean that always happens though.


49 posted on 04/03/2009 8:11:11 AM PDT by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: mquinn
IOWA? IOWA? Nothing comes from Iowa except steers and queers.


50 posted on 04/03/2009 8:12:43 AM PDT by USS Alaska (Nuke the terrorist savages - In Honor of Standing Wolf)
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