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Iowa Court Rules Same Sex Couples Cannot Be Denied Marriage Equality

Anéis | Rings

Caught this rockin’ news just before heading to bed and had to share!

(ETA – The most thorough article I’ve found yet can be found at the DesMoines Register.  The Register is also hosting a .pdf of Judge R0bert Hanson’s decision in its entirety, here.)

(CNN) — An Iowa district court ruled Thursday that same-sex couples can marry based on the state constitution’s guarantee of equal treatment, court documents show.

The ruling was in response to a December 2005 lawsuit brought by six same-sex couples seeking to wed. They were denied marriage licenses and claimed such treatment violates equal-protection and due-process clauses in the Iowa constitution.

The court also struck down a state law declaring valid marriages are only between a man and woman.

The Iowa District Court for Polk County advances the case to the Iowa Supreme Court which will make a final decision on same-sex marriage, according to Lambda Legal, a gay and lesbian legal organization representing the couples.

The 63-page ruling, written by Judge Robert Hanson states: “Couples, such as plaintiffs, who are otherwise qualified to marry one another may not be denied licenses to marry or certificates of marriage or in any other way prevented from entering into a civil marriage pursuant to Iowa Code Chapter 595 by reason of the fact that both persons compromising such a couple are of the same sex.”

The law describing marriage as between a man and a woman, “constitutes the most intrusive means by the state to regulate marriage. This statute is an absolute prohibition on the ability of gay and lesbian individuals to marry a person of their choosing,” Hanson wrote.

Whooooooo Hooooo!

ETA – The Lycos article can be found here. I’m sure I’ll have more to say tomorrow.

ETA – The BBC article can be found here.

From whence came the art:

That photo is titled Anéis | Rings, by Jeff Belmonte.

Filed under: Equality, Politics, Romance, Sex

3 Responses

  1. Iowa Court Rules Same Sex Couples Cannot Be Denied Marriage Equality

    Caught this rockin' news just before heading to bed and had to share! (CNN) — An Iowa district court ruled Thursday that same-sex couples can marry based on the state constitution's guarantee of equal treatment, court documents show. The ruli

  2. i suppose i should be guarded, since it’s still got to go through the iowa supreme court, but that’s awesome!

    iowa is not the place i expected to be hearing good news from.

  3. JanieBelle says:

    No kidding! Iowa?

    I just now finished reading the decision (it was a summary judgement) the first time through.

    It’s clear and readable, and holy cats did he destroy every single point the Defense brought to the table.

    He cites Loving, Lawrence, and bunches of specific Iowa law and case law, and even quotes Scalia in several places.

    That’s gotta sting.

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