Constitutional Law
Iowa High Court Mulls Constitutional Right to Gay Marriage
Posted Dec 10, 2008 11:16 AM CST
By Debra Cassens Weiss
The Iowa Supreme Court heard oral arguments on Tuesday on whether a state law barring gay marriages violates the state constitution.
Dennis Johnson, the lawyer for gay couples challenging the ban, said the law violates the right to equal treatment and due process guaranteed by the Iowa Constitution, the New York Times reports. If the court agrees with Johnson, the state would become the first in the Midwest to allow same-sex marriage, according to the story.
Justices asked whether allowing gays to marry would change the institution of marriage, or whether it would allow polygamy. Johnson said neither would happen, the Times story says.
“We’re not suggesting a new institution,” Johnson said. “We’re suggesting that everyone be able to participate equally.”
Arguing for Polk County, where a judge struck down the law, lawyer Roger Kuhle said the law has a historical justification. “The essential factor of marriage, which is procreation, which is raising children, which is replenishing society, has never changed,” he said.
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Comments
Mohammed
Dec 10, 2008 12:13 PM CST
If two consenting adults have the right to marry then so do 3 or 4 consenting adults.
If you allow homosexuality, you cant deny a muslim the right to have 4 wifes in accordance with sharia since all would be consenting adults.
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MikeNYC
Dec 10, 2008 12:45 PM CST
If the essential factor of marriage is procreation as Roger kuhle claims, how can marriage which don’t produce children be valid? How can we allow those who have no intention of having children marry? Using “historical” justification was tried to prevent mixed race marriage and integration and it didn’t hold water then.
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MikeNYC
Dec 10, 2008 12:47 PM CST
Mohammed, I have no doubt that as the Muslim culture becomes more known in western civilization that the issue of polygamy will return. Personally, I have no problem with polygamous marriage as long as everyone is a consenting adult. I can’t imagine why anyone would care.
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Neil
Dec 11, 2008 9:10 AM CST
Et tu, Iowa?
If you want to change the definition of marriage, do it by a vote of the duly elected state legislature representing the will of the people, not by having judges legislate from the bench.
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Blake AZ
Dec 11, 2008 9:51 AM CST
If two people who love each other with all their hearts are not allowed to marry, that is a travesty of justice. Polygamy was outlawed with the Mormons. How is being Muslim a given right to have several wives? Keep Religion out of Government, maybe the world would be better!
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mohammed
Dec 11, 2008 10:04 AM CST
Allah says every man is entitled to have up to 4 wifes. If all the parties are consenting who are you to judge what allah says? Are you a bigot?
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SME
Dec 11, 2008 1:44 PM CST
I’d like to add that state-endorsed marriage has also been justified as a means to promote a stable society through creation of a loving family (whether children are involved in that family or not). I see no difference (and scientific studies support this) in outcome of societal benefits when the sex of the two in a marriage is taken into account.
In a lot of areas of our country, having gay neighbors increases desirability and, in time, property value in that area. Although one need not be married to buy a house, still the societal implications exists.
I’m pretty sure, I’m finished with my liberal banter for the day. Back to work…
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Blake AZ
Dec 12, 2008 11:29 AM CST
Mohammed… Please be real. You are now throwing your religious beliefs into Government. Keep ALL religion out of Governments, we all would be better. So, if Allah told you to jump off a bridge, would you do it?
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