Saturday, April 4, 2009

Don't be too surprised about Iowa

As many of you already know, the Iowa Supreme Court just decided that the state had to permit same-sex marriages because under the Iowa (not federal) constitution, the failure to extend those rights to same-sex couples did not serve an important government interest (sometimes referred to as "intermediate scrutiny" of government action and unreasonably deprived these couples of equal protection guaranteed by that state's constitution.

Three things to remember:

1) States can always grant better civil rights than the federal government (one of the better examples is that New York State's highest court was nearly three years ahead of the U.S. Supreme Court in that a woman, with her doctor, had a right to choose whether to terminate a pregnancy.)

2) It doesn't always hurt to ask for your rights in court. The strategic question is when. Plaintiffs in Iowa must have done some pretty amazing research and came up with a winning legal strategy and some confidence that the Iowa court would be receptive.

3) Court appointments matter, whether they involve the local Justice of the Peace or the Chief Justice of the U.S. Supreme Court. These people are human beings after all and it is vitally important to add your voice to those in the position to select (or in some cases elect) judges.

Prediction: Iowa will still grow a lot of corn and retain its important role in Presidential primaries; upholding this right won't harm anyone in Iowa or anywhere else. Don't pray for a different result. For those who will undoubtedly oppose this, go to your local church and pray for yourselves. Try to focus on the Love Thy Neighbor piece. That is what this is all about.

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