Wednesday, December 10, 2008

Iowa Supreme Court Hears Marriage Equality Case

Actually this was announced before Connecticut State Supreme Court announced its ruling ending discrimination in marriage laws on Friday October 10th, but didn't get very much attention. The Iowa State Supreme Court will hear oral arguments in a case challenging that state's marriage laws on December 9, 2008.
The court said that both sides will be given 30 minutes to make their arguments.

Last year, Polk County Judge Robert Hanson struck down a state law limiting marriage to opposite-sex couples. He ruled that a state law allowing marriage only between a man and woman violated the constitutional rights of due process and equal protection.

Less than two hours after the the ruling, two Des Moines men applied for a marriage license, found a judge to waive the waiting period, and were married.

Hanson then stayed his ruling until the state could appeal it to the Iowa Supreme Court. The marriage of Sean Fritz and Tim McQuillan remains the only legal same-sex marriage in the state.

In a separate case, the Iowa Supreme Court ruled in January that co-adoptions by same-sex parents were legal.

[...]

To amend the Iowa Constitution, simple majorities are needed in both the House and Senate in two consecutive general assemblies and then it must be approved by a simple majority of voters in the following general election.

Polls show that most Iowans would support civil unions, but not marriage, for same-sex couples.
I believe there are currently no other pending marriage equality cases pending before State Supreme Courts.

The oral arguments happened yesterday in the case of Varnum v. Brien, with Lambda Legal arguing for the plaintiffs.

You can click here to listen or watch the entirety of the oral arguments. A ruling is not expected until summer 2009.

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