April 3, 2009

Marriage statute in Iowa jettisoned by court

Justin over at Donklephant has a take on the shocking unanimous decision of the Iowa Supreme Court.

An excerpt of the opinion, emphasis mine:

We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective. The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification. There is no material fact, genuinely in dispute, that can affect this determination.

We have a constitutional duty to ensure equal protection of the law. Faithfulness to that duty requires us to hold Iowa’s marriage statute, Iowa Code section 595.2, violates the Iowa Constitution. To decide otherwise would be an abdication of our constitutional duty. If gay and lesbian people must submit to different treatment without an exceedingly persuasive justification, they are deprived of the benefits of the principle of equal protection upon which the rule of law is founded.

1 comment:

graggg said...

Iowa Supreme Court said gay-YES!
See the actual video.
video