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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: Zakeet

More judges added to the ‘people to horsewhip’ list.


21 posted on 04/03/2009 7:33:41 AM PDT by Creek Injun
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To: Kozak

It’s soon coming time.

Imagine a subset of the current landmass of the USSA establishing a Constitutional government where:

Only the Constitution and the Bill of Rights are ratified.
Anyone currently serving in a federal gov’t position is banned for life from the gov’t.
All federal laws are repealed, ready for Congress #1 of the New USA republic.


22 posted on 04/03/2009 7:33:42 AM PDT by MrB (Go Galt now, Bowman later)
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To: gop4lyf

“I have no problems with gays getting married. They just have to marry someone of the opposite sex, just like normal people. No special privileges for them!”

True. They can even have a 100% gay marriage...a queer can marry a carpet muncher!


23 posted on 04/03/2009 7:34:43 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: rwfromkansas
In Iowa, an amendment to the state Constitution has to be proposed by 2 successive legislatures before it goes to a referendum. This means that a referendum cannot happen until 2011 at the earliest. To make matters worse, the Dems control the state legislature and will likely block any vote on a constitutional amendment.
24 posted on 04/03/2009 7:37:58 AM PDT by iowamark (certified by Michael Steele as "ugly and incendiary")
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To: rwfromkansas

Quite right...courts in smaller, less populous states can be taken over actually more easily than in bigger states....witness the town in I think it was Oregon where a bunch of Moonies moved to, enmasse, and then had the votes to elect their own people to the town’s elected offices and so took over the town govt.

And yes, the regular manner in which one or two non-elected “judges” (”czars”?) trump the will of the people (shown via voting results) as well as ursurp legislative powers that do not belong to the judiciary show the USA is much more the fascist dictatorship than the kind of govt of the people it was founded to be.

We could call the future of the USA the “4th Reich” or some such...USSA?

Especially with the legislatures failing to defend their turf.


25 posted on 04/03/2009 7:39:08 AM PDT by OldArmy52 (Mainstream Media cheered: Ascension of Castro, Chavez and now Obama.)
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To: Zakeet

Well past time to move the presidential primaries out of Iowa.


26 posted on 04/03/2009 7:39:10 AM PDT by Last Dakotan
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To: Beagle8U
They can even have a 100% gay marriage...a queer can marry a carpet muncher!

And in fact, I knew a couple like that back in the 70's - they got married for the benefits, and to be beards for each other in the military.

27 posted on 04/03/2009 7:40:37 AM PDT by nina0113 (Hugh Akston is my hero.)
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To: rwfromkansas
State supreme courts rule on state constitutions, at least in most cases. Federal courts deal with the U.S. Constitution.

State Courts frequently rule on rights under the U.S. Constitution and Federal Courts have ruled that not only do states have the right to do so but such cases cannot be removed to federal court just because the Constitutional right being ruled on is a right under the U.S. Constitution. These decisions can be appealed to SCOTUS.

28 posted on 04/03/2009 7:40:46 AM PDT by Prokopton
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To: Zakeet

Amend their Constitution to outlaw it. Same as all the other states are doing.


29 posted on 04/03/2009 7:48:53 AM PDT by Non-Sequitur
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To: 668 - Neighbor of the Beast; Kozak

There is no justice in the land.


30 posted on 04/03/2009 7:50:50 AM PDT by anniegetyourgun
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To: Zakeet

HELLO Constitutional Amendment!


31 posted on 04/03/2009 7:51:31 AM PDT by 2harddrive (...House a TOTAL Loss.....)
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To: Kozak

How long will Americans who love God and one of His best creations, the original US Constitution and its Bill of Rights, remain passive to the corruption of America? How long will we citizens stand by while the left socializes the economy and society? How long will we tolerate their massive spending and debt which makes us and our unborn children paupers?

Where is the outrage and push back? There were dozens of court challenges and debates back in the 1930’s when Roosevelt expanded executive power, none now? Is it because we know the courts are corrupt? If so, what other means will we use to regain our shining city on a hill?


32 posted on 04/03/2009 7:57:57 AM PDT by RicocheT
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To: Zakeet

This is scary. Unlike Massachusetts, Iowa is an agricultural breadbasket. Watch crop yields plumett now. God takes His revenge in many ways. Just ask those people burned out of their homes (or had their crops dry up from drought) in California. Russia’s crop yields plummeted too, once she became an atheistic nation in 1922.


33 posted on 04/03/2009 7:58:45 AM PDT by seatrout (I wouldn't know most "American Idol" winners if I tripped over them!)
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To: Prokopton
I don't understand what is happening. I guess I would be considered old, at 60 I guess I am old fashioned.

Why is it that if the majority of people are against queer marriage (I refuse to call it gay) how is it that we put up with it.

Where are our conservative elected leaders. Why is it that none of them are putting their jobs on the line in defense of OUR standards.

The silent majority if one exists needs to make some noise.

I am beginning to believe that there is no silent majority. The queers and the unemployed are running the country. I am a slave, 2/3rds of my taxes go into the pocket of someone else.

It is time for a lot more than a tea party, it is time for a revolt. If judges realize that they have to answer to the majority and the majority is not queer perhaps they will change their opinions/rulings. Because the press makes the most noise and because the majority is silent they think they are doing what we all want. They believe that those against queer marriage are a misguided few.

We've got to start making some noise. I'm not saying that it is time to get out the guns, but it would be nice if someone could lead us in the right direction to be heard.

34 posted on 04/03/2009 7:59:55 AM PDT by JAKraig (Surely my religion is at least as good as yours)
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To: Zakeet

The Iowa governor and legislature should tell the Iowa Supreme Court, in effect, “go to hell, we’re not doing a damn thing to make same-sex marriage legal”, just like old Andy Jackson did with the SCOTUS regarding the Cherokee. The Iowa Supreme Court has no “divisions”, so it cannot enforce its decrees if no one goes along.


35 posted on 04/03/2009 8:00:54 AM PDT by seatrout (I wouldn't know most "American Idol" winners if I tripped over them!)
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To: W-Girl

It was Huckabee’s claim to fame.


36 posted on 04/03/2009 8:02:33 AM PDT by drubyfive
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To: seatrout

Do you have a graph or a chart of that?


37 posted on 04/03/2009 8:03:27 AM PDT by 1010RD (First Do No Harm)
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To: ElectricStrawberry

I just say on another thread it was the Iowa Constitution.


38 posted on 04/03/2009 8:04:56 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: 1010RD

If only we could shop a lawsuit saying that heavy government taxes and out of control spending are un-constitutional we might have a chance of fixing our country.

As if any of those judges would rule in favor of smart fiscal policy.


39 posted on 04/03/2009 8:05:25 AM PDT by GraceG
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To: thefrankbaum

they said the constitution allows sodomy and despite the dicta, that case is being used to allow homosexual based marriage.

IOW marrigage based on popping an orgasm rather than benefit to society.


40 posted on 04/03/2009 8:06:25 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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