Skip to comments.Iowa court says gay marriage ban unconstitutional
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 ...
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.
We live in a Judicial Tyranny.
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.
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)
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
Is everyone alarmed yet? They should be.
Was this based on the state or federal constitution?
Ergo polygamy and everything else must now be allowed, too.
There was one. The black robe mafia just ruled it unconstitutional and threw it out.
.....but I think they ruled that is was a violation of the UNITED STATES Constitutional rights.......so a local Constitutional change is irrelevant.
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.
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.
Can we scratch Iowa off the map ??
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.
Sorry, I misread your post. Before I am corrected, there was no admendment, just a law that was passed.
No way in hell a State Supreme Court ruled the US Constitution allows gay marriage.
Courts in middle-of-the-road states can be taken over, too.
Just means a constitutional amendment for the state.
State supreme courts rule on state constitutions, at least in most cases. Federal courts deal with the U.S. Constitution.
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!
More judges added to the ‘people to horsewhip’ list.
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.
“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!
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.
Well past time to move the presidential primaries out of Iowa.
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.
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.
Amend their Constitution to outlaw it. Same as all the other states are doing.
There is no justice in the land.
HELLO Constitutional Amendment!
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?
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.
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.
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.
It was Huckabee’s claim to fame.
Do you have a graph or a chart of that?
I just say on another thread it was the Iowa Constitution.
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.
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.
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.
This is how we end up with RINOs for presidential candidates. Let’s let a conservative state guide our primaries!
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.
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.
America is such a gay country now.
— 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.
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.