Des Moines, April 3, 2009— In a unanimous decision, the Iowa Supreme Court today held that the Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution.Iowa is ending its discrimination against gay and lesbian couples. Wow.
After the debacle in Arkansas and the vote in California, it's not a surprise that this progressive move came from the Iowa Supreme Court. The traditional role of courts is to protect the minority from the tyranny of the majority. Actually, it's more complicated than that, because actually the court enforces the will of the majority as set out in the constitution. It's the role of the court to remind the majority what they already agreed was the law. It's as if the people gather together in a time of calm reflection and agree "We want to be treated equally" and then the court must calmly ride that principle through the storms of the moment.
This decision brings up an interesting Federalism issue. Traditional conservatives tend to rely heavily on "state's rights" arguments and argue against Federal preemption, they argue "let the states decide!" However, in this area (and abortion) these same people find themselves pushing for Federal intervention on the issue. The "Defense of Marriage" act was passed with huge conservative support and it forbids the Federal government from recognizing a same-sex marriage even if a State endorsed the marriage. The debate around this Federal intrusion on state sovereignty is described well HERE.
From what I've read, the Iowa constitution cannot be changed until 2012, but I am sure the campaigns began yesterday afternoon. I am certain many ugly things will be said. I am sure that God will be misquoted and his name misused in this public discussion. I must brace myself. I can hope, however, that perhaps a few years of gay-lesbian marriages will be enough to convince thinking Iowans that the world didn't come to an end - maybe even enough time to convince some that their state is better off treating each other with fairness and equality.
