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Author Topic:   Iowa Supreme Court strikes ban on same sex marriage
kuresu
Member (Idle past 2544 days)
Posts: 2544
From: boulder, colorado
Joined: 03-24-2006


Message 3 of 38 (504849)
04-03-2009 4:18 PM
Reply to: Message 1 by subbie
04-03-2009 3:05 PM


Yeah, and this is Iowa. I may be wrong, but I never exactly thought of Iowa as, you know, revolutionary or counter-culture or groundbreaking or something like that. Certainly not the place, at any rate, to declare homosexual marriage bans unconstitutional.
Definitely good news.

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kuresu
Member (Idle past 2544 days)
Posts: 2544
From: boulder, colorado
Joined: 03-24-2006


Message 11 of 38 (504870)
04-03-2009 6:58 PM
Reply to: Message 8 by Perdition
04-03-2009 5:50 PM


This ruling makes in unconstitutional on due process and equal protection.
The california ruling said that the statutes were unconstitutional because homosexual marriage was a fundamental right.
I would think the two courts are making two different arguments. Of course, I would have thought the bit about being a fundamental right would have been strong enough, but it seems it wasn't (although this probably plays a role in the current appeal against prop 8? that voters can't so easily re-write rights, that the process is more complex and difficult to achieve?).
Reading the Iowa constitutional amendment process, it looks to be more difficult to actually amend than in California.
Any amendment or amendments to this constitution may be proposed in either house of the general assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice; and if, in the general assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to, by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner, and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly, voting thereon, such amendment or amendments shall become a part of the constitution of this state.
If I understand right, it has to be proposed and accepted in one legislative term, accepted again in the following term, and then is put to a vote before the people.
Doesn't mean it won't happen, but I don't see how this process can take any less than two years (they won't have a general assembly election until '10). And just where will we be in two years? Perhaps people will have seen that homosexual marriage doesn't actually destroy marriage, that it's not the end of the world, that it's actually not bad and is acceptable.
This is in contrast to California, where apparently all you need is enough people to sign your petition to put an amendment up for a vote in the upcoming election.

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kuresu
Member (Idle past 2544 days)
Posts: 2544
From: boulder, colorado
Joined: 03-24-2006


Message 16 of 38 (504889)
04-04-2009 7:06 AM
Reply to: Message 15 by Rahvin
04-03-2009 9:38 PM


Again, it will be 2 years at absolute minimum before Iowa can pass a constitutional amendment a la Prop (h)8.
I thought so too. But I'm now reading that such an amendment won't be available for a vote until 2012. Or four years down the road (well, technically 3.5 years, but hey).
Either way, good news indeed.

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kuresu
Member (Idle past 2544 days)
Posts: 2544
From: boulder, colorado
Joined: 03-24-2006


Message 18 of 38 (504904)
04-04-2009 1:08 PM


Sweden just beats out Iowa...or does it?
Perhaps not the right thread, but:
Sweden apparently legalized same-sex marriage on april fool's day. The law goes into effect on the first of may. While it doesn't grant homosexuals the right to marry per se, it strikes the use of gender in the marriage laws with the effect of opening the door to same-sex couples to get married. I'm not sure if I've actually seen the bill, but everything I've read in swedish so far suggests this to be the case. At any rate, come may, same sex marriage is legal in sweden.
Same-sex marriage in Sweden - Wikipedia.
Since the timing is so close to the Iowa decision, I thought it vaguely appropriate to put it here.
Embarrassing that I'm just now finding out about it. I mean, I live in Sweden right now!

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kuresu
Member (Idle past 2544 days)
Posts: 2544
From: boulder, colorado
Joined: 03-24-2006


Message 20 of 38 (504907)
04-04-2009 4:26 PM
Reply to: Message 19 by onifre
04-04-2009 2:50 PM


Re: Sweden just beats out Iowa...or does it?
you're good, man.
I've actually been here since august supposedly studying. I say supposedly because the uni system is so far easier than CU, which is crazy.

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kuresu
Member (Idle past 2544 days)
Posts: 2544
From: boulder, colorado
Joined: 03-24-2006


Message 33 of 38 (505092)
04-07-2009 11:35 AM


Vermont falls
In a first in the nation case, Vermont has legalized same-sex marriage through the legislative process (the others, as we all know, are thanks to court action).
Their house and senate overrode the veto.
http://news.yahoo.com/s/ap/gay_marriage_vermont
So now you can get married if you are homosexual in Vermont, Massachusetts, Connecticut, and Iowa.

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