Thursday, April 02, 2009

Iowa Supreme Court Marriage Ruling on Friday

Exciting news! The Iowa Supreme Court has announced that it will issue its decision in Varnum v. Brien on Friday April 3 at 8:30am CDT. Last December, the court heard oral arguments in the case challenging the constitutionality of the midwest state's law limiting civil marriage to one man and one woman.
The case, Varnum vs. Brien, involves six same-sex Iowa couples who sued Polk County Recorder Timothy Brien in 2005, after his office denied them marriage licenses. Polk County District Judge Robert Hanson sided with the couples in a ruling last year, but he suspended his decision until the high court speaks.

The case would have consequences outside the state's borders. Iowa would become the first Midwestern state to allow same-sex marriage and the fourth in the nation if the court sides with the gay couples. Legal experts say such a decision would echo across the country and strengthen the gay rights movement.

Advocates say allowing same-sex unions is a matter of civil rights that would better allow gays and lesbians and their families protections for such matters as retirement, taxes and in medical decisions.

The United States General Accounting office in has listed more than 1,100 benefits the government provides to legally married couples. People in committed relationships but unable to marry are denied most of those benefits.
Lambda Legal is co-counsel in the case and generally I have heard that legal experts are somewhat confident of a positive ruling. Then again, in 2006 we were confident of positive rulings in Washington and New York and lost both of those cases by one vote.

Iowa is the last state in which marriage rights are expected to be won by a court challenge, the current procedure (in states like Vermont, Maine and New Hampshire) is legislative.

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