Gay Marriage Iowa

Iowa's Marriage law

On April 3, 2009, Iowa became the first Midwestern state to allow same-sex marriage. After four years of court battles, the Iowa Supreme Court ruled that the state’s 1998 Defense of Marriage Act, a law that defined marriage as a union between one man and one woman, was unconstitutional and all people, regardless of their sexual orientation, are entitled to marry. 

The Iowa case began in 2005 when the Polk County Recorder, Timothy O’Brien, refused to issue marriage licenses to six same-sex couples. O’Brien was following the law as it stood in 2005. Lambda Legal, a national organization committed to gaining equal rights for gays, lesbians, bisexuals and transgender people, sued O’Brien and Polk County claiming the six couples’ constitutional rights to equal treatment and protection under the law had been violated. 

Filed in Polk County District Court, Varnum vs. O’Brien, was named for plaintiff Katherine Varnum who was seeking to license to marry her longtime partner, Patricia Hyde. On August 30, 2007, Judge Robert Hanson ruled in favor of the plaintiffs. Hanson found that the 1998 law prohibiting same sex marriage violated the couples’ constitutional rights to due process and equal protection. However, Hanson understood his decision would be appealed, and the following day he ordered a stay on issuing any new marriage licenses to same sex couples while the Iowa Supreme Court heard the case. 

The Supreme Court’s decision, written by Justice Mark Cady, addressed the defendants’ arguments that the children of same-sex couples faced potential harm. Cady cited the American Psychological Association’s opinion that sexual orientation has no effect on an individual’s ability to parent a child. However, much of the decision focuses on Iowa’s Constitution and its guarantee to protect the civil rights of all individuals, including lesbians, gays, bisexuals and transgender individuals. 

Opponents to same-sex marriage have refused to accept Iowa’s Supreme Court decision. The Family Leader, an alliance of religious and conservative organizations throughout the state, is collecting signatures on a petition to the state Legislature. The petition asks lawmakers to allow the public to vote in 2012 on a Marriage Amendment to the state constitution that would restore the one-man, one-woman definition of marriage. 

Headed up by conservative activists Bob Vander Plaats, The Family Leader waged a successful campaign to oust three of the justices who voted in favor of same-sax marriage, from the Iowa Supreme Court. Although Iowa justices are appointed, every eight years, voters have the opportunity to decide if the judges should remain on the bench. On Nov. 2, 2010, Iowa voters removed Chief Justice Marsha Ternus and Justices Michael Streit and David Baker from the Iowa Supreme Court.

10 Responses to “Gay Marriage Iowa”

  1. ModerateAmbiDexterous says:

    Who wants to live in North Carolina anyway?

  2. nitra says:

    i wanna exchange rings & vows w/my partner (jazz) in a formal ceremony. can we still obtain a marriage license w/out exc:hanging vows or rings? also, can we do our last names like thisonce we’re married: Beared – Kincy (for her) and Kincy – Beared (for me)?

  3. Megan says:

    Will other states recognize the same sex marriage for instance we reside in oklahoma which doesn't allow this but if we marry in Iowa will Oklahoma recognize it?

  4. wambli ska says:

    How long  will it take to process the marriage licence?

  5. CLEO says:

    Hello,
    @Poetic…is your dad located in Iowa?

  6. Justin Snyder says:

    If you read Leviticus in the Old Testament, Chapter 20 verse 13, you will see that homosexuality is an abomination. The Bible is the word of God. The founding fathers of the United States Constitution, believed in God. The pledge of allegiance states:
    "…and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

    It is clear this nation was formed under a belief in obedience to our creator, our God! God has told us that homosexuality is an abomination. It is unnatural and not a design of God. There is not one person on earth who was born from Homosexuality or Homosexual parents. Not one! If homosexuality flourished, children would no longer be born on earth and earth will stop being populated. Earth would fall. Homosexuality is wickedness and again, is stated in the Bible as an abomination. Enforcing non-discrimination of homosexuality in effect allows it to occur. Law enforcement then will begin to arrest individuals for violation of this "so-called discrimination of homosexuals" and good honest heterosexual people will begin to lose their freedom. Families will be broken up and children will not be born to homosexuals. Life on Earth would turn to chaos and confusion.

    Please outlaw homosexuality and conform to the laws of God. It is God who created all of us and it is HIS will that will bring peace and prosperity. Wickedness never was happiness and never will be. We must learn to obey our creator as the founding fathers desired.

    • Isaiah says:

      okay try saying something else if you dont like gays getting married then get off the website

    • tyla' jay says:

      Leviticus also says that eating shellfish is an abomination, but plenty of Christians partake in that, don't they?

  7. sarah brannan says:

    how do i go about getting married to my partner if we live out of state?

    • poetic says:

      you have to go the the state such as iowa and pay for a marriage license… n get married in that state…my dad is a license minister who perform marriage ceremonies

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