The legal challenge to Iowa’s same-sex marriage ban will finally come to a close tomorrow, when the Iowa Supreme Court issues its ruling in the case of Varnum vs. Brien.
The Court is expected to post its decision on the Judicial Branch Web site by 8:30 a.m. Friday.
The case involves six same-sex Iowa couples who sued Polk County Recorder Timothy Brien in 2005 after his office denied them marriage licenses. The lawsuit argued that it would be unlawful to ban same-sex couples from marriage based on the equal protection and due process guarantees of the Iowa Constitution. The state’s Defense of Marriage Act, passed in 1998 by a 40-9 margin in the Senate and an 89-10 margin in the House, defines marriage as being solely between a man and a woman.
Iowa District Court Judge Robert Hanson sided with the plaintiffs, but later put a hold on his decision awaiting a verdict from the Supreme Court.
Honestly don’t know what is going to happen here. I sincerely hope that Iowa is not the first state in the Midwest to allow same sex marriage. I hope they overturn Judge Hanson’s decision because it is flawed. It is frustrating that what would probably never pass at the ballot box has the potential to become law by judicial fiat.
I think it is time for Iowa to have a marriage amendment. Governor Chet Culver has said that he would call for a special session to deal with a Supreme Court verdict that would allow same-sex marriage. He may have to put his money where his mouth is and extend this year’s General Assembly to do just that.
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