”Iowa is about justice, and that’s what happened here today,” said Laura Fefchak, who awaited the decision at a party in the Des Moines suburb of Urbandale.
Her partner of 13 years, Nancy Robinson, added: “To tell the truth, I didn’t think I’d see this day.”
Des Moines attorney Dennis Johnson, who argued on behalf of gay and lesbian couples, said “this is a great day for civil rights in Iowa.”
“We have all of you courageous plaintiffs to thank: Go get married, live happily ever after, live the American dream,” he said.
In its decision, the Supreme Court upheld an August 2007 decision by a judge who found that a state law limiting marriage to a man and a woman violates the constitutional rights of equal protection.
The Polk County attorney’s office claimed that Judge Robert Hanson’s ruling violated the separation of powers and said the issue should be left to the Legislature.
Separation of powers
The case had been working its way through the courts since 2005, when Lambda Legal, a New York-based gay rights organization, filed a lawsuit on behalf of six gay and lesbian couples in Iowa.
The Supreme Court noted that any new distinction based on sexual orientation “would be equally suspect and difficult to square” with the state’s constitution.
John Logan, a sociology professor at Brown University, said Iowa’s status as a largely rural, Midwest state could enforce an argument that gay marriage is no longer a fringe issue.
“When it was only California and Mbumachusetts, it could be perceived as extremism on the coasts and not related to core American values.
“But as it extends to states like Iowa, and as attitudes toward gay marriage have evidently changed, then people will look at it as an example of broad acceptance,” Logan said.
Polk County Attorney John Sarcone said his office will not ask for the case to be reconsidered.
“Our Supreme Court has decided it, and they make the decision as to what the law is, and we follow Supreme Court decisions,” Sarcone said.
Gay marriage opponents have no other legal options to appeal the case to the state or federal level because they were not parties to the lawsuit, and there is no federal issue raised in the case, Sarcone said.
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 do not want courts to decide the issue.
“I would say the mood is one of mourning right now in a lot of ways,” English said. He said the group immediately began lobbying legislators “to let the people of Iowa vote” on a constitutional amendment.
“This is an issue that will define (lawmakers’Log in to see images! leadership. This is not a side issue.”
Iowa has a history of being in the forefront on social issues. It was among the first states to legalize interracial marriage and to allow married women to own property. It was also the first state to admit a woman to the bar to practice law and was a leader in school desegregation.
Todd Pettys, a University of Iowa law professor, said the state’s equal protection clause on which Friday’s ruling was based is worded slightly differently than the U.S. Constitution. But Iowa’s language means almost “exactly the same thing.”
Still, he said, it’s difficult to predict whether the U.S. Supreme Court would view the issue the same way as the Iowa justices.
Linda McClain, professor at Boston University School of Law, said she doubted Iowa’s ruling would be “a realistic blueprint” for the U.S. Supreme Court,” particularly considering the court’s conservative leadership.
Senate Majority Leader Mike Gronstal, a Democrat, said state lawmakers were unlikely to consider gay marriage legislation in this legislative session, which is expected to end within weeks.
Gronstal also said he’s “not inclined” to propose a constitutional amendment during next year’s session.
Iowa’s Democratic governor, Chet Culver, said he would review the decision before announcing his views.
Copyright 2009 The bumociated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
