Wall Street Journal
DES MOINES, Iowa -- The Iowa Supreme Court issued a unanimous ruling Friday finding that the state's same-sex-marriage ban violates the constitutional rights of gay and lesbian couples, making Iowa the third state where marriage is legal.
In its decision, the court upheld a 2007 district court judge's ruling that the law violates the state constitution. It strikes the language from Iowa code limiting marriage to only between a man a woman.
"The court reaffirmed that a statute inconsistent with the Iowa constitution must be declared void even though it may be supported by strong and deep-seated traditional beliefs and popular opinion," said a summary of the ruling issued by the court.
The ruling set off celebration among the state's gay-marriage proponents.
"Iowa is about justice, and that's what happened here today," said Laura Fefchak, who was hosting a verdict party in the Des Moines suburb of Urbandale with her partner of 13 years, Nancy Robinson.
Ms. Robinson added: "To tell the truth, I didn't think I'd see this day."
Bryan English, spokesman for the Iowa Family Policy Center, a conservative group that opposes same-sex marriage, said many Iowans are disappointed with the ruling and don't want the courts to decide the issue.
"I would say the mood is one of mourning right now in a lot of ways, and yet the first thing we did after internalizing the decision was to walk across the street and begin the process of lobbying our legislators to let the people of Iowa vote," Mr. English said. "This is an issue that will define (lawmakers') leadership. This is not a side issue."
Some Iowa politicians began weighing in on the ruling.
Gov. Chet Culver, a Democrat, said the decision addresses a complicated and emotional issue. "The next responsible step is to thoroughly review this decision, which I am doing with my legal counsel and the attorney general, before reacting to what it means for Iowa," Mr. Culver said in a statement
U.S. Rep. Leonard Boswell, a Democrat whose district includes Polk County, said he respects the Iowa Supreme Court's decision.
"I remain consistent in my belief that this is a decision best suited for the states," Mr. Boswell said. "I respect the decision of the court."
Court rules dictate that the decision will take about 21 days to be considered final, and a request for a rehearing could be filed within that period. That means it will be at least several weeks before gay and lesbian couples can seek marriage licenses.
But Polk County Attorney John Sarcone said the county attorney's office won't ask for a rehearing, meaning the court's decision should take effect after that three-week period.
"Our Supreme Court has decided it, and they make the decision as to what the law is and we follow Supreme Court decisions," Mr. Sarcone said. "This is not a personal thing. We have an obligation to the law to defend the recorder, and that's what we do."
The case has been working its way through Iowa's court system since 2005 when Lambda Legal, a New York-based gay rights organization, filed a lawsuit on behalf of six gay and lesbian Iowa couples who were denied marriage licenses. Some of their children are also listed as plaintiffs.
The suit named then-Polk County recorder and registrar Timothy Brien.
The state Supreme Court's ruling upheld an August 2007 decision by Polk County District Court Judge Robert Hanson, who found that a state law allowing marriage only between a man and a woman violates the constitutional rights of equal protection.
The Polk County attorney's office, arguing on behalf of Mr. Brien, claimed that Judge Hanson's ruling violates the separation of powers and said the issue should be left to the Legislature.
Lambda Legal scheduled a news conference for Friday to comment on the ruling. A request for comment from the Polk County attorney's office wasn't immediately returned.
Massachusetts and Connecticut permit same-sex marriage. California, which briefly allowed gay marriage before a voter initiative in November repealed it, allows domestic partnerships.
New Jersey and New Hampshire also offer civil unions, which provide many of the same rights that come with marriage. New York recognizes same-sex marriages performed elsewhere, and legislators there and in New Jersey are weighing whether to offer marriage. A bill that would legalize same-sex marriage in Vermont has cleared the Legislature but may be vetoed by the governor.
The ruling in Iowa's same-sex-marriage case came more quickly than many observers had anticipated, with some speculating after oral arguments that it could take a year or more for a decision.
Unlike Cali, putting in a constitutional ammendment to override this requires a majority vote in both state houses, two terms of the legislature in a row. Both houses are currently controlled by Democrats and the earliest this could be overturned is 2013.
It's not that I'm unforgiving, it's that most of the people who wrong me are unrepentant assholes.
