Red State Now "Gender Blind" - Same-Sex Marriage Now Legal in Iowa
In the continuing debate over the rights of same-sex couples in the fight over the right to marry, the gay and lesbian residents of the State of Iowa scored a major victory! For the Iowa District Court for Polk County, IA, 5th Judicial District, Judge Robert B. Hanson ruled on Thursday 30 August 2007 that Iowa Code § 595.2(1) is unconstitutional and ordered that it be stricken from the law. This section specifically states that marriage is valid only between a man and a woman. The Court also ordered that the remaining sections of Iowa Code 595 must be reviewed and amended to be gender-neutral. A copy of the summary judgment and court order can be viewed at http://data.lambdalegal.org/pdf/legal/varnum/varnum-d-08302007-ia-district.pdf.
There are only four gender-specific references in Iowa Code 595, one of which applies only to pregnant females in cases of marriages of underage persons (minors.)
Additionally, by Judge Hanson’s order of striking the section of Iowa Code 595 that specifically states that marriage is between two persons of the opposite sex, it affects Iowa Code § 595.20 (Foreign Marriages – Validity). § 595.20 specifically states that “A marriage which is solemnized in any other state, territory, country, or any foreign jurisdiction which is valid in that state, territory, country, or other foreign jurisdiction, is valid in this state if the parties meet the requirements for validity pursuant to section 595.2, subsection 1, and if the marriage would not otherwise be declared void.” The specific exception in subsection 1 that is referenced in Iowa Code § 595.20 is now invalid, and thus, any same-sex marriage or civil union legally officiated in another state or country must be recognized in the State of Iowa. Effectively reinstating "legally married" status to gay and lesbian Iowans that were married in Massachusetts, Vermont, and Canada.
The following is a copy of Iowa Code 595 (as amended) as posted on the Internet site of the Iowa State Legislature. The changes required by the judge’s order have not been incorporated into the posted text as of 30 August 2007. (http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=IowaCode&input=595).
There are only four gender-specific references in Iowa Code 595, one of which applies only to pregnant females in cases of marriages of underage persons (minors.)
Additionally, by Judge Hanson’s order of striking the section of Iowa Code 595 that specifically states that marriage is between two persons of the opposite sex, it affects Iowa Code § 595.20 (Foreign Marriages – Validity). § 595.20 specifically states that “A marriage which is solemnized in any other state, territory, country, or any foreign jurisdiction which is valid in that state, territory, country, or other foreign jurisdiction, is valid in this state if the parties meet the requirements for validity pursuant to section 595.2, subsection 1, and if the marriage would not otherwise be declared void.” The specific exception in subsection 1 that is referenced in Iowa Code § 595.20 is now invalid, and thus, any same-sex marriage or civil union legally officiated in another state or country must be recognized in the State of Iowa. Effectively reinstating "legally married" status to gay and lesbian Iowans that were married in Massachusetts, Vermont, and Canada.
The following is a copy of Iowa Code 595 (as amended) as posted on the Internet site of the Iowa State Legislature. The changes required by the judge’s order have not been incorporated into the posted text as of 30 August 2007. (http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=IowaCode&input=595).
posted by NoPT4Lent at 12:31 AM
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