Same-sex marriage in Iowa
|Legal recognition of
In 2005, six same-sex couples who were denied marriage licenses in Iowa filed a lawsuit in Polk County. In 2007, the Polk County District Court ruled in favor of the couples in Varnum v. Brien. On April 3, 2009, a unanimous Iowa Supreme Court upheld the lower court's ruling, making Iowa the fourth U.S. state to legalize same-sex marriage, after Massachusetts, California, and Connecticut.
In 1998, following court decisions on same-sex unions in other states that suggested that denying the right to marry to same-sex couples was incompatible with the equal protection clause of a state constitution like Iowa's, Iowa legislators who hoped to avoid a similar court challenge tried without success to pass a statute to prohibit marriage on the part of gay and lesbian couples.
Varnum v. Brien
|“||That's a win. It's not a final win, because the case is being appealed. But just a few years ago if people were asked if we could get a judge in Iowa to strike down the exclusion from marriage, right there in the heartland, I think most people would have said we couldn’t.||”|
Six same-sex couples represented by Lambda Legal sought the right to marry their same-sex partners in Iowa. They brought suit in 2005 arguing that denying them marriage licenses violated the liberty and equal protection clauses in the state constitution. Judge Robert Hanson of Polk County District Court ruled in favor of the plaintiffs on August 30, 2007. The next morning, Hanson stayed his decision pending an appeal to the Iowa Supreme Court.
Within two hours after the District Court published its ruling, two men from Des Moines submitted an application for marriage to the county recorder and their application was accepted. The next morning, several other couples applied for marriage licenses before Hanson issued his stay. Iowa marriage law requires a three-day waiting period between the initial application for a marriage license and the time the marriage becomes official, unless this waiting period is waived by a judge. Sean Fritz and Tim McQuillan, residents of Ames and students at Iowa State University, were the only couple to receive such a waiver before Hanson issued his stay. After receiving the waiver and applying for a marriage license on the morning of August 31, the couple was married in a short ceremony that morning by a Unitarian Universalist minister on the minister's front lawn in Des Moines.
Two other Ames residents who applied for a marriage license before the stay, Terry Lowman and Mark Kassis, were married on September 2 in a ceremony at the Unitarian Universalist Fellowship of Ames. Lowman and Kassis' three-day waiting period was waived by a judge, however Hanson's stay occurred before the couple was able to record the marriage license. However, it is legal opinion that the marriage is legal within Iowa.
Upon appeal, a unanimous Iowa Supreme Court affirmed Hanson's ruling in Varnum v. Brien on April 3, 2009. Using the standard known as intermediate scrutiny to evaluate the government's justifications for denying marriage licenses to same-sex couples, the court determined that denying a marriage licenses on the basis of sexual orientation violated the equal protection clause of the Iowa Constitution. Licenses were originally to be available 21 days after the ruling on April 24, but the availability of licenses was postponed until April 27 due to a Furlough day.
Despite the ruling in Varnum, the Iowa Department of Public Health has refused to recognize same-sex marriages when completing birth and death certificates. On December 12, 2012, ruling in Buntemeyer v. Iowa DPH, a state court ordered the department to list the names of two women, a married lesbian couple, on the death certificate of their stillborn son. The Iowa Supreme Court heard arguments that same day in the department's appeal of a decision in Gartner v. Newton that ordered it to enter the names of two women as parents on a birth certificate. On May 3, 2013, the court unanimously affirmed the lower court's ruling in Gartner and said that "By naming the nonbirthing spouse on the birth certificate of a married lesbian couple's child, the child is ensured support from that parent and the parent establishes fundamental legal rights at the moment of birth".
A state constitutional amendment to ban same-sex marriage has been proposed several times in the state legislature in the wake of the judicial rulings. To amend the constitution, two consecutive sessions of the legislature will need to approve the amendment, after which it would be placed on the ballot for final approval by the Iowa electorate.
An amendment was first proposed in 2008 but did not pass. The Legislature did not vote on a constitutional amendment in 2009, and Senate Majority Leader Michael Gronstal said he would not allow one to be brought to the floor in 2010. In a joint press release with House Speaker Pat Murphy on April 3, 2009, Gronstal welcomed the court's decision, saying "When all is said and done, we believe the only lasting question about today’s events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Iowa has always been a leader in the area of civil rights."
In the next session, debate on proposed constitutional amendment to ban same-sex marriage in Iowa attracted national news coverage after Zach Wahls, a college student and son of a lesbian couple, addressed the Iowa House Judiciary Committee in a public hearing on January 31, 2011. A video of his testimony posted on YouTube went viral. On February 1, 2011, with Republicans in a majority in the Iowa House, the House passed House Joint Resolution 6 by a vote of 62-37. Democratic leaders promised to block debate in the Senate.
Same-sex marriage could also be banned by constitutional convention, which Iowa voters can initiate once a decade. On November 2, 2010, voters defeated a proposed constitutional convention by a 2-1 margin.
A UCLA study has analyzed the impact of allowing same-sex couples to marry on Iowa’s state budget. The study concluded that allowing same-sex couples to marry will result in a net gain of approximately $5.3 million each year for the State. This net impact will be the result of savings in expenditures on state means-tested public benefit programs and an increase in state income and sales tax revenue.
According to the Associated Press, out-of-state marriages of same-sex couples are recognized in Iowa. It is not clear whether or not out-of-state civil unions and registered domestic partnerships are recognized in Iowa.
Between April 2009 and March 2010, 2,020 same-sex couples were married in Iowa, accounting for 10.1% of total marriages conducted in the state during that period. Only 815 couples were from Iowa, with the rest being from out of state, predominantly from neighboring Illinois, Missouri and Nebraska.
A 2010 survey found that support for same-sex marriage in Iowa was 44%, the only state with same-sex marriage in which support was below 50%. Support in Iowa has increased from below 30% in 1994-96, and from below 40% in 1997-98. A January 2010 survey found that greater than 60% of Iowans agreed that same-sex marriage "does not deserve the Legislature's limited time" in the 2010 session, a truncated session in which legislation was introduced to overturn the same-sex marriage decision. This followed a previous September 2009 poll which found 41% support for and 40% opposition to a constitutional amendment to ban same-sex marriage, and that 92% of respondents said "marriage rights for gay and lesbian couples had led to 'no real change' in their own lives."
An August 2011 Public Policy Polling survey found that 46% of Iowa voters thought that same-sex marriage should be legal, while 45% thought it should be illegal and 9% were not sure. A separate question on the same survey found that 70% of Iowa voters supported the legal recognition of same-sex couples, with 40% supporting same-sex marriage, 30% supporting civil unions but not marriage, 29% favoring no legal recognition and 2% not sure.
A February 2012 Des Moines Register poll shows a majority of Iowans oppose passage of a state constitutional amendment banning same-sex marriage, by a 56-38 margin.
Judicial retention Elections
On November 2, 2010, Iowa Supreme Court justices David Baker, Michael Streit, and Marsha Ternus, who participated in the unanimous 2009 ruling that Iowa could not deny marriage licenses based on sexual orientation, were removed from office after judicial retention elections. Their removal followed campaigning by groups opposed to same-sex marriage including the National Organization for Marriage. The three judges did no campaigning on their own behalf, but were supported by numerous third parties.
On November 6, 2012, Justice David Wiggins won retention in the election.
- Jene Newsome
- LGBT rights in Iowa
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage status in the United States by state
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