Fri 31 Aug 2007
To be honest, I didn’t even know my former state had a gay marriage ban. Well, for now at least, it’s gone bye-bye:
A Polk County judge has struck down Iowa’s law banning gay marriage. That means gay couples from anywhere in Iowa can now apply for a marriage license in the county.
Judge Robert Hanson ruled today that Iowa’s prohibition on same-sex marriage is unconstitutional.
And the word spread quickly. Less than two hours after the ruling was publicized, two Des Moines men applied at the county recorder’s office for a marriage license. Many more are expected when the office opens tomorrow morning. […]
Today’s ruling stemmed from a lawsuit filed in 2005, claiming six gay couples were unfairly denied marriage licenses. Des Moines lawyer Dennis Johnson, who represented the couples, says Hanson’s ruling is a moral victory for equal rights.
But the issue is far from settled.
Governor Culver says he opposes the ruling, and House Minority Leader Christopher Rants says he guarantees there will be a vote next session to ban gay marriage.
Cue the rants about “judicial activism*” from the usual characters in 3…2…1…
As is typical with this kind of issue, the field of debate is nowhere near the root. Some say the courts should decide, others say it’s a legislative or popular vote thing — “the will of the people” and all that. What needs to be asked is why government on ANY level is sanctioning or rejecting relationships, whether straight, gay, whatever, not whether tyranny of the majority is better than tyranny of the few.
Edit: gee, that was quick. The decision is already stayed.
(* - To be honest with you, I’ve come to see the concept as 95% nonsense. Most people don’t bother to think about why any decision is made, so it amounts to “it’s activism if I disagree with it”. Rare is the person who can acknowledge activist intent in a ruling they find to be morally just — I see it clearly in this despite my approval of the principle expressed, I just don’t care because I find it absurd the question has to be asked in the first place.)