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Iowa court says gay marriage ban unconstitutional
Associated Press ^ | April 3, 2009

Posted on 04/03/2009 7:10:08 AM PDT by Zakeet

The Iowa Supreme Court says the state's same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making it the third state where gay marriage is legal.

In a unanimous ruling issued Friday, the court upheld a 2007 Polk County District Court judge's ruling that the law was unconstitutional.

The case stems from a 2005 lawsuit filed by Lambda Legal, a New York-based gay rights organization. The group filed a lawsuit on behalf of six gay and lesbian Iowa couples who were denied marriage licenses.

The suit named then-Polk County recorder and registrar Timothy Brien.

The Polk County attorney's office claimed that Hanson's ruling violated the separation of powers and the issue should be left to the Legislature.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; News/Current Events; US: Iowa
KEYWORDS: gay; gaymarriage; gaystapo; homobama; homosexualagenda; iowa; ruling
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To: Sloth

“Was this based on the state or federal constitution?”

In theory this can’t be based on the Federal Constitution since marriage is strictly a state issue. Marriage is not mentioned in the Constitution. On the other hand, far be it from leftwing judges to find rights in the Constitution that don’t exist.

Ironically, the right to license is the right to deny. If a license can be had by anyone who wants it, then there is no purpose to a license. I bet you can’t get a plumbers license in Iowa unless you are a plumber. Isn’t that discrimination against non-plumbers who want to lay pipe?


61 posted on 04/03/2009 9:22:10 AM PDT by yazoo
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To: yazoo
On the other hand, far be it from leftwing judges to find rights in the Constitution that don’t exist.

A number of SCOTUS rulings have recognized marriage as a "fundamental right"

Loving v. Virginia (unanimous)
Zablocki v. Redhail (8-1)
Turner v. Safley (the concur/dissent was split by different sections of the ruling)

62 posted on 04/03/2009 9:33:16 AM PDT by MissMillie
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To: cspackler
>The black robe mafia just ruled it unconstitutional and

That does not make sense.

An amendment to a Constitution CANNOT be Constitutional until it is ratified, in this case, by the voters..

If we amend the US Constitution to allow slavery, it cannot be ruled “unconstitutional.”

Amendments change things - now it may have ruled that the method of garnering those votes or the method of placing the issue before the voters was unconstitutional, but not the ratified will of the voters.

63 posted on 04/03/2009 9:48:01 AM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: 1010RD

Of course he isn’t, why have facts and figures when you can just make crap up!


64 posted on 04/03/2009 9:49:27 AM PDT by paranoidpj
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To: Zakeet

When I lived close to the Iowa boarder in Illinois, we had an acronym for people from Iowa, Idiots Out Wondering Around.


65 posted on 04/03/2009 10:04:46 AM PDT by RatsDawg
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To: Zakeet
The Iowa Supreme Court says the state's same-sex marriage ban violates the constitutional rights of gay and lesbian couples

Gay and Lesbian is a state of mind, not a gender.

Bisexual people are discriminated against too because they can't have a spouse of "each" gender.

66 posted on 04/03/2009 10:04:59 AM PDT by a fool in paradise ( “Saving the New York Times now ranks with saving Darfur as a high-minded cause.”NYTimes Bill Kell)
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To: bill1952

Our Supreme Courts are not elected. You’ve got trouble in Rivr City with a capital T and that rhymes with G and that stands for gay marriage.


67 posted on 04/03/2009 10:22:25 AM PDT by gallaxyglue (Have we lost our civilization as we know it?)
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To: iowamark

>>To make matters worse, the Dems control the state
>>legislature and will likely block any vote on a
>>constitutional amendment.

Hmmm....if they voted the DemocRats in, then maybe Iowa deserves this.


68 posted on 04/03/2009 10:44:39 AM PDT by excalibur1701
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To: excalibur1701
Hmmm....if they voted the DemocRats in, then maybe Iowa deserves this.

I keep saying it - we get what we vote for.

69 posted on 04/03/2009 11:09:00 AM PDT by xjcsa (Currently shouting "I told you so" about Michael Steele on my profile page.)
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To: Zakeet

This is actually going to be easy to reverse. Just like in California, it will be easy to get a huge majority of voters to agree to change the State Constitution to ban homosexual ‘marriage’. This won’t even last a month.


70 posted on 04/03/2009 11:10:07 AM PDT by DesertRenegade
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...

Press release: Iowa Supreme Court Rules in Marriage Case
Iowa Supreme Court | 04/03/2009 | Iowa Supreme Court
Posted on 04/03/2009 8:01:29 AM PDT by iowamark
http://www.freerepublic.com/focus/news/2221548/posts


71 posted on 04/03/2009 12:12:41 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: iowamark
That is what happens when Iowa has governors like Vilsack and Culver appointing the Supreme Court. Iowa was the second state to have gay marriage, after Massachusetts. Both were imposed by the courts.

Third. Don't forget Connecticut.

72 posted on 04/03/2009 12:29:09 PM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: manc
could the people of that state do a constitutional amendment like we did here in FL and would that reverse this judges ruling which is pathetic

Don't count on it - the state is run by liberal dems, and getting more liberal. They won't buck their party's platform. I'm not sure what Iowa's law is regarding citizen initiatives.

73 posted on 04/03/2009 1:10:30 PM PDT by fwdude ("...a 'centrist' ... has few principles - and those are negotiable." - Don Feder)
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To: 185JHP; AFA-Michigan; Abathar; Agitate; AliVeritas; Antoninus; Aquinasfan; BabaOreally; ...
Several threads have been posted about the Iowa court decision. Check the "homosexualagenda" keyword for relevant articles.

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Be sure to click the FreeRepublic homosexual agenda keyword search link for a list of all related articles. We don't ping you to all related articles so be sure to click the previous link to see the latest articles.

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74 posted on 04/03/2009 1:10:32 PM PDT by DirtyHarryY2K (The Tree of Liberty is long overdue for its natural manure)
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To: seatrout

Kind of a perfect storm here in Iowa.

Population getting older. Votes medicare plain and simple.
Population contains farmers. Votes for subsidization.
Larger cities in East are full of minorities and union members.

I don’t think the old folk like the marriage issue. But they made their bed.

Time to amend Iowa’s constitution.


75 posted on 04/03/2009 1:23:10 PM PDT by TomHarkinIsNotFromIowa (Just so you know, we're ashamed the President of the United States is from Kenya.)
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To: mquinn

Not to worry. Steve King said that there are no gay marriages in Iowa, and he’s one of their representatives.”Unicorns, leprechauns, gay marriages in Iowa — these are all things you will never find because they just don’t exist.”

So don’t expect gay people to be beating down the doors at City Hall anytime soon.


76 posted on 04/03/2009 1:37:24 PM PDT by worst-case scenario (Striving to reach the light)
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To: Kozak

People have vote liberal for so long that there are consequences. Even when they voted for Reagan, they mostly stuck with liberals in Congress, even “Republican” ones like Robert Stafford and Arlen Specter.


77 posted on 04/03/2009 1:37:31 PM PDT by Theodore R. (GWB is gone: Now the American sheeple can sleep at night!)
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To: Kozak

People have vote liberal for so long that there are consequences. Even when they voted for Reagan, they mostly stuck with liberals in Congress, even “Republican” ones like Robert Stafford and Arlen Specter.


78 posted on 04/03/2009 1:37:32 PM PDT by Theodore R. (GWB is gone: Now the American sheeple can sleep at night!)
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Comment #79 Removed by Moderator

To: USS Alaska

They have one good politician from IA — Steve King; the rest are practically useless.


80 posted on 04/03/2009 1:38:13 PM PDT by Theodore R. (GWB is gone: Now the American sheeple can sleep at night!)
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