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Iowa Gay Marriage Ban Ruled Unconstitutional

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posted on Apr, 3 2009 @ 09:41 AM
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Iowa Gay Marriage Ban Ruled Unconstitutional


www.msnbc.msn.com

DES MOINES, Iowa - 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.

In 2005, Lambda Legal, a New York-based gay rights organization, sued on behalf of six gay and lesbian Iowa couples in Polk County who were denied marriage licenses. Some of their children are also listed as plaintiffs.

The case was appealed to the state Supreme Court in 2007, after Polk County District Court Judge Robert Hanson agreed with the plaintiffs and ruled that the ban was unconstitutional.

Hanson's ruling prompted nearly two dozen people to apply for marriage licenses in the county, Iowa's most populous and home to Des Moines. Only one couple, Sean and Tim McQuillan of Ames, managed to get married before Hanson stayed his decision the next day. Their marriage stands, but its validity could depend on whether the state's high court sides with the Polk County judge.

During oral arguments before the Supreme Court in December, Des Moines lawyer Dennis Johnson argued the ban violated his clients' due process and equal protection rights.

"We are suggesting that everybody be able to participate equally in an institution that has existed since the beginning of this state," Johnson said during arguments.

(visit the link for the full news article)




posted on Apr, 3 2009 @ 09:41 AM
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Good news for Iowa.

This is going to happen throughout the country, as well it should. I know some are terribly against it, but it is happening.

It will happen, but it will happen slowly.....more slowly than most people would like.

But, it will be a good day when men and women cannot be discriminated against only because of who they love.

www.msnbc.msn.com
(visit the link for the full news article)



posted on Apr, 3 2009 @ 09:43 AM
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yep hopefully one day we will be just one gender, and that will be that.

no one liner



posted on Apr, 3 2009 @ 11:03 AM
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Humanity prevails,it's sad that im shocked at such a thing.I wonder what 101 excuses the bigots will come up with now because of this ruling..i can only imagine.



posted on Apr, 3 2009 @ 03:56 PM
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Vermont is working on allowing Gay Marriage, too.


The Vermont House of Representatives has followed the state senate in voting to legalize gay marriage, reports the Wall Street Journal. The bill will now head to Gov. James Douglas, who has promised to veto it. The 95-52 House vote falls short of the two-thirds majority needed to override a veto, although some Democrats who voted against the bill have signaled they may change their position.


Hurrah! But shame on the governor. Hopefully those who voted against will change their position so his veto will be IGNORED.



posted on Apr, 3 2009 @ 04:10 PM
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Good luck Iowa and Vermont! Show the rest of the country that we are capable of being decent to one another and that our archaic Puritan ways are FINALLY breaking way to the light of a new century.

I fear that because of Colorado's evangelical population, we will be last in line, or close to it.



posted on Apr, 3 2009 @ 04:49 PM
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Originally posted by skeptic1

Iowa Gay Marriage Ban Ruled Unconstitutional


www.msnbc.msn.com

DES MOINES, Iowa - 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.

In 2005, Lambda Legal, a New York-based gay rights organization, sued on behalf of six gay and lesbian Iowa couples in Polk County who were denied marriage licenses. Some of their children are also listed as plaintiffs.

The case was appealed to the state Supreme Court in 2007, after Polk County District Court Judge Robert Hanson agreed with the plaintiffs and ruled that the ban was unconstitutional.

Hanson's ruling prompted nearly two dozen people to apply for marriage licenses in the county, Iowa's most populous and home to Des Moines. Only one couple, Sean and Tim McQuillan of Ames, managed to get married before Hanson stayed his decision the next day. Their marriage stands, but its validity could depend on whether the state's high court sides with the Polk County judge.

During oral arguments before the Supreme Court in December, Des Moines lawyer Dennis Johnson argued the ban violated his clients' due process and equal protection rights.

"We are suggesting that everybody be able to participate equally in an institution that has existed since the beginning of this state," Johnson said during arguments.

(visit the link for the full news article)



I love this part.

the ban violated his clients' due process and equal protection rights.


This judge has his head in his colon if that is the legal foundation saying marriage is a constitutional right under equal protection when

1) Their is nothing in the constitution that say's marriage is a right for everyone because it falls under the protection of "equal access" NOT everyone can get married but in THIS case, no one was saying they couldn't get married. That's right, this is not about equal rights because we have to follow the same rules EVERYONE ELSE has to. But Gays are "Special" with "special" "love requirements" as if that is any of our business or even what marriage is about.

They could get married just like everyone else has to get married.

Now we have "special rights" for gays and I guess anyone else too now that they set the legal precedent for being an "equal rights" thing.

Now I can't be discriminated against for "who I love," as if love was only about sex" NOW, I can marry my sister!

Or,, since this is about same sex same gender and who or how we love, maybe we can marry ourselves if we are A-sexual! Now since this is about the Government getting to know who we marry as a "Class distinction" such as gender and race, I can expect to see eye color, height, weight, and "sexuial orientation on my drivers license.

Now that they have a "Class Distinction" such as race and gender, they can actually qualify themselves as a minority class and we can expect to have the tenets of alternative gay sex taught in public schools whether parents like it or not without so much as a warning for when that class is being taught. ALL because gays want to teach "tolerance".

In my state, they made it unconstitutional to even bring up gays getting married. I guess that makes my State a bunch of right wing fundamentalists neanderthals who live in the back woods.

Yeah and we don't tolerate that here

We also don't mind our

intolerance


[edit on 3-4-2009 by Aermacchi]



posted on Apr, 5 2009 @ 09:56 PM
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reply to post by Aermacchi
 


Don't you have any compassion for anyone other than yourself? You use arguments like "Now I can't be discriminated against for "who I love," as if love was only about sex" NOW, I can marry my sister!". You can't marry your sister because of the danger of inbreeding which leads to an ethical crossroad due to the high risk of danger to the fetus. Here is the catch: if your sister gets hurt in some horrible accident, you have the right as a family member to visit them in the hospital and to ultimately help the hospital make decisions about her continued care if she is unable to do so. Right now, gay couples can not do that, nor are they privy to the same inalienable rights that you have because your sister is considered family.

Homosexuals are human beings, and American homosexuals pay taxes and deserve the SAME rights as you or I do.



posted on Apr, 5 2009 @ 10:03 PM
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reply to post by Aermacchi
 


And the 1st biggot of the night is........(Drum Roll)

On a serious note, this is great news for Iowa, finally some real justice for HUMANS, not homosexuals.

Such a big fuss over two people getting the same rights as two other people with the same problem, we want to be as miserable as the rest of you heterosexuals and have the same rights while were doing it.

And no the constitution does not say that everybody can get married, however it does say that we are all created equal with the same rights as anybody else regardless of ANYTHING other than being an actual citizen.

You're whole post is pointless on that note, since you have spoken for your entire state, I am going to assume you come from one of these Bible Belt states or something of that nature.

Well I am not here to point fingers, just to point out the flaws of our bretheran.

Keep up the good work biggots you've almost won.

~Keeper



posted on Apr, 5 2009 @ 11:03 PM
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Originally posted by TruthWithin
You can't marry your sister because of the danger of inbreeding which leads to an ethical crossroad due to the high risk of danger to the fetus.


Naaah NOT if I a "progressive" Ill just have siss get an abortion



Here is the catch: if your sister gets hurt in some horrible accident, you have the right as a family member to visit them in the hospital and to ultimately help the hospital make decisions about her continued care if she is unable to do so


Here is the catch, what if I just want to marry my sister like anyone else gets yo marry anyone THEY want to love? If you are going to make this about equal rights for all then that includes immediate family.

Here is another catch,



. Right now, gay couples can not do that, nor are they privy to the same inalienable rights that you have because your sister is considered family

Oh if all I wanted is a lousy civil union yeah I have that but that isn't what gays are saying here, they say its about equal rights. You know that so called inalienable right that says right there in the Constitution that a person has the RIGHT to marry anyone they choose. Who are you to tell me I can't, it isn't harming YOU or anyone else.




Homosexuals are human beings, and American homosexuals pay taxes and deserve the SAME rights as you or I do.


Hey pal NO ONE said gays can't get married JUST LIKE WE HAVE TO.

So if you are going to argue this as an equal rights issue when they had just as much right to marry someone just like the rest of us have to, it isn't a equal rights issue. Gays want special rights pure and simple



posted on Apr, 5 2009 @ 11:21 PM
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Originally posted by Aermacchi


Hey pal NO ONE said gays can't get married JUST LIKE WE HAVE TO.

So if you are going to argue this as an equal rights issue when they had just as much right to marry someone just like the rest of us have to, it isn't a equal rights issue. Gays want special rights pure and simple


HELLO! This is reality. They do not want special rights. They want to share the exact same rights that you have! To think that giving them the same rights as you, is 'special treatment" Is jsut ludacris and quite frankly,insane.

I only want to marry a woman, and there is nobody trying to stop me from doing that. Gay people who are in love with some one of the same sex HAVE PEOPLE TRYING TO STOP THEM FROM MARRYING WHO THEY WANT.

Gay people are not attracted to people of the opposite sex, they would not want to marry some one of the opposite sex, so the ability to marry some one of the opposite sex is completley irrelevent here. The issue is that people are trying to stop them from marrying who they want. They are trying to control who they can and can not love.

I would bet that you as a straight person, would fight like hell, if people tried to make it so you could only marry who they deem to be acceptable.

That is what this is about. People are trying to control who they can and can not marry.

The problem is that they can not control who you marry and they can not control who gay people marry. It IS unconstitutional.

regardless of your personal belief on the issue.

The phrase IS "all men are created equal" It is not, SOME men are created equal, or all but gay people are created equal, it is simply. ALL MEN ARE CREATED EQUAL.

In other words, if you can marry who you want, then so can they. That is not a "special right" That is EQUAL TREATMENT.

Either everyone can marry who they want or NO ONE (not even yourself) can.

As for you apparently wanting to marry your sister(you have mentioned that alot), if you really want to, there is nothing stopping you from going out there and protesting, and fighting the law and demand that you be married to your sister. Good luck to you on your quest to marry her.


GST


[edit on 5-4-2009 by gimme_some_truth]



posted on Apr, 5 2009 @ 11:41 PM
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reply to post by gimme_some_truth
 


Well played sir!

I will never understand why people fight so fervently to impede on others' freedoms. Some people don't agree with something so they think it should be illegal. When will they learn that, if it doesn't directly affect your life or liberty, then it's none of your business!




reply to post by Aermacchi
 


I have a really difficult time following your logic. It's half thought out and incredibly close minded. Homosexuals deserve the benefits that come with being legally identified as being married. This decision will not change your life or freedoms in anyway...

We're encouraged to 'deny ignorance' on this site... so what are you doing here?

[edit on 4.5.2009 by Avarus]



posted on Apr, 5 2009 @ 11:47 PM
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Aermacchi is very incoherent. I can barely understand what they are typing.
It's such an annoyance to try to decipher such gibberish.

Anyways, I'm glad for everyone that this decision was made. The freer any oppressed group becomes, the freer everyone becomes. Sadly, it's three steps back and one step forward because the bigots gladly give their own freedom away to spite the others.


But go Iowa! I'm so rooting for California to get its act together. That'll put the total at what? 3 out of 50?



posted on Apr, 6 2009 @ 01:42 AM
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Originally posted by gimme_some_truth

HELLO! This is reality. They do not want special rights. They want to share the exact same rights that you have! To think that giving them the same rights as you, is 'special treatment" Is jsut ludacris and quite frankly,insane.


That is my point sherlock, Is that if I wanted to get married, I would have to follow the same rules EVERYONE ELSE DOES!

So it isn't about equal rights, it is about EXTENDING rights of equal access and NOT about equal treatment under the law. This Judge had his head in his colon




I only want to marry a woman, and there is nobody trying to stop me from doing that. Gay people who are in love with some one of the same sex HAVE PEOPLE TRYING TO STOP THEM FROM MARRYING WHO THEY WANT


No because marriage means what again? The civil union between one man and one woman just like it says in the Constitution.




Gay people are not attracted to people of the opposite sex,


Ya don't say! Gee Golly! Does that mean people have equal access to the opposite sex public bathroom? How about people wanting to marry 7 woman? because that is the only way they can express their kind of "special" love. How about people attracted to machines or blow up dolls. I mean if you are going to justify this using a sexual abberation and have the laws re-defined using historically traditional marriage unions to legitimize the sexual practices of gays to a class distinction, then that argument should be case law for people wanting to marry themselves because they are A-sexual.




hey would not want to marry some one of the opposite sex, so the ability to marry some one of the opposite sex is completley irrelevent here. The issue is that people are trying to stop them from marrying who they want. They are trying to control who they can and can not love.


Oh really? Gee that's never stopped gays from finding love at state parks, public restrooms, bath houses, in fact the love is spread by so many so often that we had an epidemic among these so called oppressed lovers called HIV/AIDS and now a new strain of MRSA they seem to spread as efficiently as most other STD they want tax breaks for on all those children they will never raise. No, again, you are flat out wrong. NO ONE has told them who they can and cannot love or have sex with.




I would bet that you as a straight person, would fight like hell, if people tried to make it so you could only marry who they deem to be acceptable.


THEY DO! I can't marry anyone I feel like just like everyone else! I have to follow the same rules everyone else has except gays, they get to special treatment because they are special cases needing special tax breaks and special marriage unions because as you know GAYS are known to be so monogamous having life long committments where invariably they are always having problems at Hospitals because they always seem to use the same lousy attorney who can't seem to make a legally binding power of attorney. Never mind that they always seem to be needing this legal civil union contract when they are visiting another state and never mind the state always seems to be the ones their love contract is not recognized as enforceable.




That is what this is about. People are trying to control who they can and can not marry.


What you got a problem with objecting to adults marrying children? Polygamy?




The problem is that they can not control who you marry and they can not control who gay people marry. It IS unconstitutional.


Oh really? Well you go try marrying your Dog and see how far that argument gets you,. regardless of your personal belief on the issue.




The phrase IS "all men are created equal" It is not, SOME men are created equal, or all but gay people are created equal, it is simply. ALL MEN ARE CREATED EQUAL.


Tell that to some gays guys when woman are not good enough for them. The fact is YOU don't know what you are talking about regarding the Constitution because if you did, you would see ALL men ARE NOT created equal unless you are referring to the phrase in its full context where it states all men are equal UNDER THE LAW. But Gays think they are a special class distinction.

What class distinction?

Not Gender, they have females and males that are gay.

Not color, they have blacks, whites, all kinds of races that are gay so what is it that they want to use as the reason we should change current laws and defintions to suit them?

Why SEX of course! They want to be defined as the kind of sexual practice they have and ya know what?

It ain't special.

We are not who or what we have sex with NOR shouold we ever be defined that way, Thanks to gays we now have a NEW class of people known by there same sex lover. It isn't something anyone of us would even know or care to ask but like I said, Gays are special and they want to shove ther sexual lifestyles down everyones throat.

Hey How would you like to make a wager with me that public schools in Iowa start teaching kids in fact even encouraging them to consider gay sex? Ill give it six months and all the parents who are married with children who really NEED thos tax breaks will be regreting this change in the laws ever took place just like they do in Boston




In other words, if you can marry who you want, then so can they. That is not a "special right" That is EQUAL TREATMENT.


Oh hell dude I could marry a roomate gay or not just to get the tax breaks now.


Either everyone can marry who they want or NO ONE (not even yourself) can.




As for you apparently wanting to marry your sister(you have mentioned that alot), if you really want to, there is nothing stopping you from going out there and protesting, and fighting the law and demand that you be married to your sister. Good luck to you on your quest to marry her.



I don't have to, gays have already done that for everyone and the state of Iowa is in for some rude awakenings Just like the State of Mass has experienced

[edit on 6-4-2009 by Aermacchi]



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