Be heard on the issues that matter most to you!
Caught this rockin' news just before heading to bed and had to share! (CNN) -- An Iowa district court ruled Thursday that same-sex couples can marry based on the state constitution's guarantee of equal treatment, court documents show.
The ruling was in response to a December 2005 lawsuit brought by six same-sex couples seeking to wed. They were denied marriage licenses and claimed such treatment violates equal-protection and due-process clauses in the Iowa constitution.
The court also struck down a state law declaring valid marriages are only between a man and woman.
The Iowa District Court for Polk County advances the case to the Iowa Supreme Court which will make a final decision on same-sex marriage, according to Lambda Legal, a gay and lesbian legal organization representing the couples.
The 63-page ruling, written by Judge Robert Hanson states: "Couples, such as plaintiffs, who are otherwise qualified to marry one another may not be denied licenses to marry or certificates of marriage or in any other way prevented from entering into a civil marriage pursuant to Iowa Code Chapter 595 by reason of the fact that both persons compromising such a couple are of the same sex."
The law describing marriage as between a man and a woman, "constitutes the most intrusive means by the state to regulate marriage. This statute is an absolute prohibition on the ability of gay and lesbian individuals to marry a person of their choosing," Hanson wrote.Whooooooo Hooooo!
From whence came the art:
That photo is titled Anéis | Rings, by Jeff Belmonte.
Kisses,
JanieBelle
It may just live up to its name yet. Good news indeed!
...because public space really matters!
Elizabeth
The DesMoines Register has a piece up , with a bit more meat to it than the CNN article.
Kisses,
JanieBelle
Kisses,
JanieBelle
I'm reading the decision and WOW. The Defense called in some Religious Studies type folks to testify, and the Judge was having none of it:
"...the Court does not believe that the expected testimony of these individuals is scientific, technical, or other specialized knowledge..."
"...these individuals are not qualified to testify as experts regarding the issues in this matter...they do not appear to possess expertise in relevant fields..."
"Ms. Somerville specifically eschews empirical research and methods of logical reasoning in favor of “moral intuition.” She has no training in empirical research and admits having no knowledge of existing social science research relevant to this case. She concedes that her views do no reflect the mainstream views of other ethicists..."
"The views espoused by these individuals appear to be largely personal and not based on observation supported by scientific methodology or based on empirical research in any sense."
That full section is posted on my blog.
The long and short of that seems to be "The religious opinions of a few people (edited unnecessary term of disparagement) does not qualify them as experts qualified to testify about marriage, sociology, .. or basically anything related to this case or the law."
Hurrah for Judge Hanson!
Kisses,
JanieBelle
(The judge, not the band.)
Indeed! Way to support the rule of science :) (Wait, I mean the rule of law, supported by science.)
Now, of course we expect that this is going to be appealed to the Iowa Supreme Court, so it'll be interesting to see what they do. And any bets on whether this creates a new surge of energy fr state constitutional amendments?
(Wow, where did that pessimism come from?? I think I need to get out for a walk. I'll be back in a little bit.)
...because public space really matters!
Elizabeth
Holy crow.
It's actually very readable and understandable, and he cites Lawrence and Loving among a pile of other cases and laws.
The best part is that he quotes Scalia a couple times.
Ouch.
Kisses,
JanieBelle
And the NYT has a decent story here .
...because public space really matters!
Elizabeth
I had no idea there was even such a big case pending there. Who'da thunk it?
I'm up before God this morning, trying to find out what I can about the history of the case, and the reaction to the decision. I'm going to look for the decision in its entirety, too.
It's coffee break time, though. I don't do mornings well without gallons of coffee.
Kisses
Kisses,
JanieBelle
For anyone interested,
Lambda Legal has all the relevant court documents here.
Kisses,
JanieBelle
...because public space really matters!
Elizabeth
I forgot we had one of those....
D'oh.
Kisses,
JanieBelle
