Iowa Legalizes Same-Sex Marriage

[KSig RC]

Originally Posted by MysticCat

I'd agree with what you said about the role of the courts and the legislature. But I'm having a little trouble with the above.

The Iowa case didn't arise under Iowa civil rights law, nor is it basic that homosexuality is a "covered class." (Do you mean "suspect class" or do you mean "covered/protected" under Iowa civil rights laws?) Courts have gone both ways on whether it is a suspect or semi-suspect class, and the many pages devoted to showing how the Iowa Supreme Court arrived at the conclusion that the plaintiffs were entitled to "heightened scrutiny" (without deciding whether they belong to a suspect class as such) suggest that it isn't clear. (In other words, why would it take so many pages to explain a conclusion that is "basic"?)

The court's decision is that the same-sex marriage ban violates the equal protection clause of the Iowa Constitution, not the Iowa civil rights law, and it doesn't rely on the plaintiffs' status as members of a "protected" class. Suspect or semi-suspect, yes, but "protected" under civil rights laws doesn't translate neatly to an equal protection analysis. At most, it may be a factor to take into account in determining what level of scrutiny applies.

Yeah, I was using shorthand, which is poor form when describing a legal ruling - running into terms of art is poor, and wasn't my intention. Homosexuals do have a good number of rights under IA civil rights laws, but that clearly wasn't the basis for this decision. It's also obviously unique to Iowa.

However, I'm not sure that the large amount of text isn't simply CYA for a hot-button issue, but I'll admit to having only scanned it and will reserve the right to change my mind based on close reading.

Originally Posted by MysticCat

While the Iowa Supreme Court's opinion appears to be well-reasoned and was unanimous, it is not difficult for me to imagine that the supreme courts of other states might, in well-reasoned and unanimous decisions, reach exactly the opposite conclusion in interpreting their own equal protection clauses.

And I have absolutely no problem with that - in fact, I both agree totally and have no problem with states amending their Constitutions and EPCs to avoid this very reading. I'm just saying that in this case, with the specific EPC in question, it seems like a very straight-forward interpretation, even without much in the way of historical precedent.