Thursday, June 18, 2009

Iowa Supreme Court Decision Overturns Ban on Same Sex Marriage

by Helen Alvaré, J.D., Senior Fellow in Law

It must be said first that the Iowa Supreme Court decision (Varnum v. O’Brien, No. 07-1499, April 3, 2009) which invented a state constitutional right to same sex “marriage” is very hard to read. By this I don’t mean to say that it is intellectually complex for any reader possessing legal training. I mean that it is hard on a rational reader’s desire for logic and hard on a fair reader’s sense of justice. It is hard for those who know something about U.S. constitutional law or family law because seven out of seven of Iowa’s Supreme Court justices summarily jettisoned or ignored much of the accumulated wisdom in both of those fields.

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