Iowa legalizes same-sex marriage

In a unanimous decision, the Iowa Supreme Court voted April 3 to legalize same-sex marriage. On the same day, thousands of LGBT people and their supporters held victory rallies all over the state.


 







Iowa LGBT Victory 1
Demonstrators gathered all over Iowa on
April 3 to celebrate the legalization
of same-sex marriage in the state


 

The legal opinion of the justices was that same-sex marriage could not be denied to Iowa couples based on the equal protection clause in the state constitution. The ruling struck down a reactionary state law passed in 1998 that defined marriage as a union between one man and one woman.

The first same-sex marriages in Iowa are set to take place as early as April 27.

Iowa is one in a series of states where the battle for full equality for LGBT people is being waged on the streets and in the courts.

The Iowa Supreme Court opinion mirrors a similar decision in June 2008 by the California Supreme Court. That court also affirmed that same-sex marriage could not be denied because of that state’s equal protection laws.

Currently, marriage equality is recognized in four states: Massachusetts, Connecticut, Vermont and Iowa. In California, 18,000 same-sex marriages are in legal limbo after the state supreme court heard oral arguments on the legality of Proposition 8.

In reaction to marriage equality victories in California, right-wing forces placed Proposition 8 onto the November ballot seeking to constitutionally define marriage as a union between one man and one woman only. Due largely to a bigoted campaign of misinformation, Proposition 8 narrowly passed. A decision on Proposition 8 in California is expected by June 5.

Legislative leaders in Iowa claim they will not introduce a bill that would seek to overturn the supreme court decision this year. Even if a state initiative is brought before and approved by the legislature next year, according to the law it would not come to a ballot vote until at least 2012.

The victory in Iowa will need to be defended by progressive people in Iowa and every other state. Already, Steve King, a bigoted member of Congress from Iowa, is lobbying the legislature to pass a discriminatory law that would refuse marriage certificates to couples who do not reside in Iowa.

The Iowa ruling is an important step forward for LGBT people and all workers. It comes as the result of decades of struggle. But the fight is far from over.

A broad and militant struggle in the streets, workplaces and the courts that has demanded nothing less than full equality has forced a few states to grant much-needed equal rights to LGBT people. The path to full equality and liberation will require the continuation and growth of an independent movement of LGBT people and their allies.

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