Wednesday, November 30, 2022

Common sense and same-sex marriage

One of the interesting things about same-sex marriage in Iowa is that the world didn't end as some predicted after Sean Fritz and Timothy McQuillan were wed Aug. 31, 2007, on the front lawn of the Rev. Mark Stringer, minister of Des Moines' First Unitarian Church, who performed the ceremony. Theirs was the first same-sex marriage to be recognized legally in Iowa.

The marriage was possible because on Aug. 30, 2007, Polk County District Court Judge Robert Hanson had ruled in Varnum v. Brien that denying marriage licenses to same-sex couples violated the liberty and equal protection clauses of Iowa's constitution.

Judge Hanson issued a stay on his ruling later that morning, however, and it was not until April 3, 2009, that the Iowa Supreme Court unanimously affirmed Hanson's 2007 district court ruling and marriage has been available to same-sex couples here since April 27 of that year.

There have been bumps along the road. The Iowa Department of Public Health refused initially to list both same-sex parents on the birth and death records of their children. Courts put an end to that with rulings during 2012 and 2013.

And during November of 2012, three of the Iowa Supreme Court justices who had been party to the 2009 ruling in Varnum v. Brien were removed from office during that year's regular judicial retention vote as the result of a successful campaign against them by Christianist extremists.

But then on Tuesday, Iowa's junior senator, Joni Earnst (left), joined 11 of her U.S. Senate Republican colleagues to vote in favor of the Respect for Marriage Act --- as did every Democrat senator present in the chamber. The bill now goes back to the U.S. House, where it already has been approved but must be reconsidered because of amendments, and then to President Biden's desk for signature. 

The bill repeals the 1996 Defense of Marriage Act and enshrines marriage equality in federal law. Amendments involve ensuring the rights of Christian opponents of same-sex marriage to further isolate themselves.

It's been an interesting ride, and good to see a hint of political realism --- although most likely not liberality --- from Sen. Earnst.

But the big winners are same-sex couples whose marriages now have an extra level of protection, so congratulations to them and thanks to all who made it possible.

1 comment:

Unknown said...

Makes me feel good to finally see some common sense, thanks for all the interesting background on the back and forth.