Iowa Supreme Court Overturns Ban on Same-Sex Marriage

A recent article in Desmoinesregister.com covered the historic Iowa Supreme Court ruling that marriage no longer is limited to one man, one woman. The unanimous 69-page decision maintains a church’s right to decide who can be married under its roof, but it runs counter to the expressed opinion of a majority of Iowans who believe marriage is defined as the union of one man and one woman.

Iowa is one of three states in the nation where gays and lesbians can legally marry as of April 24th, 2009. The state joins Massachusetts and Connecticut as the only states where same sex marriages are legal.

Friday’s decision stemmed from a 2005 lawsuit filed by six gay and lesbian couples who were denied marriage licenses by the Polk County recorder’s office. The seven justices affirmed Polk County Judge Robert Hanson’s ruling that Iowa’s ban on same-sex marriages treated gay and lesbian couples unequally under the law.

“We are firmly convinced that the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective,” the court said in its opinion. “The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.”

This decision comes months after California’s passing of proposition 8, which officially defined marriage as a union between a man and a woman and prevented the recognition of same-sex unions by the state. It is important to note, however that California Family Code section 297.5, states that: “Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.” This means that, if same-sex couples in California have not yet become domestic partners, they should do so to ensure they benefit from all of the legal rights and obligations of marriages.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8.