Same-sex marriage in Iowa: Difference between revisions
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[[Same-sex marriage]] has been legally recognized in [[Iowa]] since a decision of the [[Iowa Supreme Court]] on April 3, 2009. [[Marriage license]]s became available to same-sex couples on April 27. |
[[Same-sex marriage]] has been legally recognized in [[Iowa]] since a decision of the [[Iowa Supreme Court]] on April 3, 2009. [[Marriage license]]s became available to same-sex couples on April 27.<ref>{{cite news|last=Corely|first=Matt|title=BREAKING: Iowa Supreme Court Unanimously Upholds Same-Sex Marriage|url=http://thinkprogress.org/politics/2009/04/03/37293/iowa-same-sex-marriage/ |access-date=March 4, 2014|newspaper=ThinkProgress|date=April 3, 2009}}</ref> This ruling was the result of a lawsuit filed in 2005 by six same-sex couples who had been denied marriage licenses in [[Polk County, Iowa|Polk County]]. In 2007, the Polk County District Court ruled in favor of the couples in ''[[Varnum v. Brien]]''. Two couples were married on September 2, 2007, before the ruling was [[Stay of execution|stayed]] and appealed.<ref name="nyt">{{cite news |agency=Associated Press |url=https://www.nytimes.com/2007/08/31/us/31iowa.html |title=Judge Overturns Iowa Ban on Same-Sex Marriages |work=[[The New York Times]] |date=August 31, 2007 |access-date=August 31, 2007}}</ref> On April 3, 2009, the Iowa Supreme Court unanimously upheld the lower court's ruling, making Iowa the third [[U.S. state]] to legalize same-sex marriage.{{efn|After [[Same-sex marriage in Massachusetts|Massachusetts]] and [[Same-sex marriage in Connecticut|Connecticut]], but excluding [[Same-sex marriage in California|California]] which had constitutionally banned same-sex marriage in November 2008, but still recognized marriages performed between June and November 2008.}} |
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Polling |
Polling suggests that a majority of Iowans support the legal recognition of same-sex marriage, with a 2023 [[Public Religion Research Institute]] poll showing that 75% of respondents supported same-sex marriage.<ref>{{Cite web |last=Staff |title=American Values Atlas |url=https://ava.prri.org/#lgbt/2021/States/lgbt_ssm/m/US-IA |access-date=2023-03-01 |website=[[Public Religion Research Institute]] |language=en-US}}</ref> |
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==Background== |
==Background== |
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==''Varnum v. Brien''== |
==''Varnum v. Brien''== |
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{{Main|Varnum v. Brien}} |
{{Main|Varnum v. Brien}} |
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===Proceedings and ruling=== |
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Six same-sex couples in [[Polk County, Iowa|Polk County]] represented by [[Lambda Legal]] sought the right to marry their same-sex partners in Iowa. They brought suit in 2005 arguing that denying them [[marriage license]]s violated the liberty and equal protection clauses of the [[Constitution of Iowa|State Constitution]]. Judge Robert Hanson of Polk County District Court ruled in favor of the plaintiffs on August 30, 2007. The next morning, Hanson [[Stay of execution|stayed]] his decision pending an appeal to the Iowa Supreme Court.<ref>{{cite news |agency=Associated Press |title=Iowa Gay Marriages Abruptly Halted |url=http://www.365gay.com/Newscon07/08/083107imar.htm |work=[[365Gay.com]] |date=August 31, 2007 |access-date=August 31, 2007 |archive-url=https://web.archive.org/web/20070911111321/http://365gay.com/Newscon07/08/083107imar.htm |archive-date=September 11, 2007 |url-status=dead |df=mdy-all }}</ref><ref>{{cite news| first=Kay| last=Henderson| url=https://www.reuters.com/article/topNews/idUSN3124032520070831| title=Ruling briefly allows gay marriage in Iowa| work=[[Reuters]]| date=August 31, 2007| access-date=August 31, 2007}}</ref> Within two hours after the district court published its ruling, two men from [[Des Moines, Iowa|Des Moines]] submitted an application for [[marriage]] to the county recorder and their application was accepted. The next morning, several other couples applied for marriage licenses before Hanson issued his stay. Iowa marriage law requires a three-day waiting period between the initial application for a marriage license and the time the marriage becomes official, unless this waiting period is waived by a [[judge]].<ref name="register_q_and_a">{{cite news |title=Judge Overturns Iowa Ban on Same-Sex Marriages |url=https://www.nytimes.com/2007/08/31/us/31iowa.html|website=[[The New York Times]] |date=August 31, 2007|location=Des Moines, Iowa|archive-url=https://web.archive.org/web/20171007184854/https://www.nytimes.com/2007/08/31/us/31iowa.html|archivedate=October 7, 2017}}</ref> Sean Fritz and Tim McQuillan, residents of [[Ames, Iowa|Ames]] and students at [[Iowa State University]], were the only couple to receive such a waiver before Hanson issued his stay. After receiving the waiver and applying for a marriage license on the morning of August 31, the couple was married in a short ceremony that morning by a [[Unitarian Universalism|Unitarian Universalist]] minister on the minister's front lawn in Des Moines.<ref>{{cite news |first=Kyle |last=Miller |title=A window of opportunity |url=http://www.iowastatedaily.com/news/article_35fcb33a-fcf6-5492-a0bd-bada2270e343.html |date=September 4, 2007 |access-date=April 5, 2013 |work=[[Iowa State Daily]]}}</ref> |
Six same-sex couples in [[Polk County, Iowa|Polk County]] represented by [[Lambda Legal]] sought the right to marry their same-sex partners in Iowa. They brought suit in 2005 arguing that denying them [[marriage license]]s violated the liberty and equal protection clauses of the [[Constitution of Iowa|State Constitution]]. Judge Robert Hanson of Polk County District Court ruled in favor of the plaintiffs on August 30, 2007. The next morning, Hanson [[Stay of execution|stayed]] his decision pending an appeal to the Iowa Supreme Court.<ref>{{cite news |agency=Associated Press |title=Iowa Gay Marriages Abruptly Halted |url=http://www.365gay.com/Newscon07/08/083107imar.htm |work=[[365Gay.com]] |date=August 31, 2007 |access-date=August 31, 2007 |archive-url=https://web.archive.org/web/20070911111321/http://365gay.com/Newscon07/08/083107imar.htm |archive-date=September 11, 2007 |url-status=dead |df=mdy-all }}</ref><ref>{{cite news| first=Kay| last=Henderson| url=https://www.reuters.com/article/topNews/idUSN3124032520070831| title=Ruling briefly allows gay marriage in Iowa| work=[[Reuters]]| date=August 31, 2007| access-date=August 31, 2007}}</ref> Within two hours after the district court published its ruling, two men from [[Des Moines, Iowa|Des Moines]] submitted an application for [[marriage]] to the county recorder and their application was accepted. The next morning, several other couples applied for marriage licenses before Hanson issued his stay. Iowa marriage law requires a three-day waiting period between the initial application for a marriage license and the time the marriage becomes official, unless this waiting period is waived by a [[judge]].<ref name="register_q_and_a">{{cite news |title=Judge Overturns Iowa Ban on Same-Sex Marriages |url=https://www.nytimes.com/2007/08/31/us/31iowa.html|website=[[The New York Times]] |date=August 31, 2007|location=Des Moines, Iowa|archive-url=https://web.archive.org/web/20171007184854/https://www.nytimes.com/2007/08/31/us/31iowa.html|archivedate=October 7, 2017}}</ref> Sean Fritz and Tim McQuillan, residents of [[Ames, Iowa|Ames]] and students at [[Iowa State University]], were the only couple to receive such a waiver before Hanson issued his stay. After receiving the waiver and applying for a marriage license on the morning of August 31, the couple was married in a short ceremony that morning by a [[Unitarian Universalism|Unitarian Universalist]] minister on the minister's front lawn in Des Moines.<ref>{{cite news |first=Kyle |last=Miller |title=A window of opportunity |url=http://www.iowastatedaily.com/news/article_35fcb33a-fcf6-5492-a0bd-bada2270e343.html |date=September 4, 2007 |access-date=April 5, 2013 |work=[[Iowa State Daily]]}}</ref> |
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[[Image:Terryandmarkwedding.jpg|thumb|right |
[[Image:Terryandmarkwedding.jpg|thumb|right|Terry Lowman and Mark Kassis exchanging wedding vows at the Unitarian Universalist Fellowship in [[Ames, Iowa|Ames]] on Sunday, September 2, 2007]] |
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⚫ | {{blockquote|That's a win. It's not a final win, because the case is being appealed. But just a few years ago if people were asked if we could get a judge in Iowa to strike down the exclusion from marriage, right there in the heartland, I think most people would have said we couldn't.|[[Evan Wolfson]] of [[Freedom to Marry]] on the 2007 decision<ref>[[n:Interview with gay marriage movement founder Evan Wolfson|Interview with Evan Wolfson]], David Shankbone, September 30, 2007</ref>}} |
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Two other Ames residents who applied for a marriage license before the stay, Terry Lowman and Mark Kassis, were married on September 2 in a ceremony at the Unitarian Universalist Fellowship of Ames.<ref name="amestribune1">{{cite news |author=Laura Pieper and Luke Jennett |url=http://www.midiowanews.com/site/index.cfm?newsid=18773436&BRD=2700&PAG=461&dept_id=554188&rfi=8 |title=Lucullan's owners set Sunday as wedding date |work=[[The Ames Tribune]] |date=September 1, 2007 |access-date=September 2, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070928161239/http://www.midiowanews.com/site/index.cfm?newsid=18773436&BRD=2700&PAG=461&dept_id=554188&rfi=8 |archive-date=September 28, 2007 |df=mdy-all }}</ref> Lowman and Kassis' three-day waiting period was waived by a judge; however, Hanson's stay occurred before the couple was able to record the marriage license. However, it is legal opinion that the marriage is legal in Iowa.<ref name="register_q_and_a"/> |
Two other Ames residents who applied for a marriage license before the stay, Terry Lowman and Mark Kassis, were married on September 2 in a ceremony at the Unitarian Universalist Fellowship of Ames.<ref name="amestribune1">{{cite news |author=Laura Pieper and Luke Jennett |url=http://www.midiowanews.com/site/index.cfm?newsid=18773436&BRD=2700&PAG=461&dept_id=554188&rfi=8 |title=Lucullan's owners set Sunday as wedding date |work=[[The Ames Tribune]] |date=September 1, 2007 |access-date=September 2, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070928161239/http://www.midiowanews.com/site/index.cfm?newsid=18773436&BRD=2700&PAG=461&dept_id=554188&rfi=8 |archive-date=September 28, 2007 |df=mdy-all }}</ref> Lowman and Kassis' three-day waiting period was waived by a judge; however, Hanson's stay occurred before the couple was able to record the marriage license. However, it is legal opinion that the marriage is legal in Iowa.<ref name="register_q_and_a"/> |
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Upon [[appeal]], a unanimous [[Iowa Supreme Court]] affirmed Hanson's ruling in ''[[Varnum v. Brien]]'' on April 3, 2009. Using the standard known as [[intermediate scrutiny]] to evaluate the state's justifications for denying marriage licenses to same-sex couples, the court determined that denying a marriage licenses on the basis of [[sexual orientation]] violated the equal protection clause of the Iowa Constitution.<ref>{{cite news | author = Des Moines Register staff | title = Unanimous ruling: Iowa marriage no longer limited to one man, one woman | work = [[Des Moines Register]] | date = April 3, 2009 | url = http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | access-date = April 3, 2009 | url-status = dead | archive-url = https://archive.today/20120629165642/http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | archive-date = June 29, 2012 | df = mdy-all }}</ref> Licenses were originally to be available 21 days after the ruling on April 24, but the availability of licenses was postponed until April 27 due to a [[furlough]] day.<ref>{{cite news|last=Davey|first=Monica|title=A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry|url=https://www.nytimes.com/2009/04/28/us/28marriage.html|access-date=October 22, 2012|newspaper=New York Times|date=April 27, 2009}}</ref> |
Upon [[appeal]], a unanimous [[Iowa Supreme Court]] affirmed Hanson's ruling in ''[[Varnum v. Brien]]'' on April 3, 2009. Using the standard known as [[intermediate scrutiny]] to evaluate the state's justifications for denying marriage licenses to same-sex couples, the court determined that denying a marriage licenses on the basis of [[sexual orientation]] violated the equal protection clause of the Iowa Constitution.<ref>{{cite news | author = Des Moines Register staff | title = Unanimous ruling: Iowa marriage no longer limited to one man, one woman | work = [[Des Moines Register]] | date = April 3, 2009 | url = http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | access-date = April 3, 2009 | url-status = dead | archive-url = https://archive.today/20120629165642/http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | archive-date = June 29, 2012 | df = mdy-all }}</ref> Licenses were originally to be available 21 days after the ruling on April 24, but the availability of licenses was postponed until April 27 due to a [[furlough]] day.<ref>{{cite news|last=Davey|first=Monica|title=A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry|url=https://www.nytimes.com/2009/04/28/us/28marriage.html|access-date=October 22, 2012|newspaper=New York Times|date=April 27, 2009}}</ref> |
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Despite the ruling in ''Varnum'', the [[Iowa Department of Public Health]] had refused to recognize same-sex marriages when completing [[Birth certificate|birth]] and [[death certificate]]s. On December 12, 2012, ruling in ''Buntemeyer v. Iowa |
Despite the ruling in ''Varnum'', the [[Iowa Department of Public Health]] had refused to recognize same-sex marriages when completing [[Birth certificate|birth]] and [[death certificate]]s. On December 12, 2012, ruling in ''Buntemeyer v. Iowa Department of Public Health'', a state court ordered the department to list the names of two women, a married [[lesbian]] couple, on the death certificate of their [[Stillbirth|stillborn]] son.<ref>[http://www.lambdalegal.org/sites/default/files/buntemeyer_ia_20121217_polk-cty-dct-ct-ruling.pdf Iowa District Court for Polk County, Buntemeyer v. Iowa DPH, December 12, 2012]. Retrieved December 17, 2012</ref> The Iowa Supreme Court heard arguments that same day in the department's appeal of a decision in ''Gartner v. Newton'' that ordered it to enter the names of two women as parents on a birth certificate.<ref>{{cite news |last=Danielson |first=Dar|title=Supreme Court hears birth certificate case involving same-sex parents |url=http://www.radioiowa.com/2012/12/12/supreme-court-hears-birth-certificate-case-involving-same-sex-parents/|access-date=March 6, 2013|newspaper=Radio Iowa|date=December 12, 2012}}</ref> On May 3, 2013, the court unanimously affirmed the lower court's ruling in ''Gartner'' and said that "by naming the nonbirthing spouse on the birth certificate of a married lesbian couple's child, the child is ensured support from that parent and the parent establishes fundamental legal rights at the moment of birth".<ref>{{cite news|last=Neuman|first=Scott|title=Iowa Court: List Both Same-Sex Parents On Birth Certificates|url=https://www.npr.org/blogs/thetwo-way/2013/05/03/180840531/iowa-court-list-both-same-sex-parents-on-birth-certificates|access-date=May 3, 2013|newspaper=NPR|date=May 3, 2013}}</ref> |
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===Judicial retention elections=== |
===Judicial retention elections=== |
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[[File:Marriage Equality Celebration (18571348824).jpg|thumb|right|Rally supporting the U.S. Supreme Court's decision in ''Obergefell'' in [[Iowa City, Iowa|Iowa City]], June 26, 2015]] |
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On November 2, 2010, Iowa Supreme Court justices [[David L. Baker]], [[Michael Streit]] and [[Marsha Ternus]], who participated in the unanimous 2009 ruling that Iowa could not deny marriage licenses based on sexual orientation, were removed from office after judicial [[retention election]]s.<ref>{{cite news |url=http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |title=Iowans Dismiss Three Justices |work=Des Moines Register |date=November 3, 2010 |access-date=February 3, 2015 |url-status=dead |archive-url=https://archive.today/20120728115634/http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |archive-date=July 28, 2012 |df=mdy-all }}</ref> Their removal followed campaigning by groups opposed to same-sex marriage including the [[National Organization for Marriage]].<ref>{{cite news|url=http://www.boston.com/news/nation/articles/2010/10/25/gay_marriage_foes_back_push_to_oust_iowa_justices/ |title=Gay Marriage Foes Back Push To Oust Iowa Justices|publisher=Boston.com| date=October 25, 2010|access-date=February 3, 2015|agency=Associated Press|first=Mike|last=Glover}}</ref> The three judges did no campaigning on their own behalf, but were supported by numerous third parties.<ref>{{cite news |author=KCRG Intern |url=http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |title=Vote 2010: Group Targets Three Iowa Supreme Court Justices |publisher=Kcrg.com |date=October 13, 2010 |access-date=December 2, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20131203004420/http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |archive-date=December 3, 2013 |df=mdy-all }}</ref> |
On November 2, 2010, Iowa Supreme Court justices [[David L. Baker]], [[Michael Streit]] and [[Marsha Ternus]], who participated in the unanimous 2009 ruling that Iowa could not deny marriage licenses based on sexual orientation, were removed from office after judicial [[retention election]]s.<ref>{{cite news |url=http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |title=Iowans Dismiss Three Justices |work=Des Moines Register |date=November 3, 2010 |access-date=February 3, 2015 |url-status=dead |archive-url=https://archive.today/20120728115634/http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |archive-date=July 28, 2012 |df=mdy-all }}</ref> Their removal followed campaigning by groups opposed to same-sex marriage including the [[National Organization for Marriage]].<ref>{{cite news|url=http://www.boston.com/news/nation/articles/2010/10/25/gay_marriage_foes_back_push_to_oust_iowa_justices/ |title=Gay Marriage Foes Back Push To Oust Iowa Justices|publisher=Boston.com| date=October 25, 2010|access-date=February 3, 2015|agency=Associated Press|first=Mike|last=Glover}}</ref> The three judges did no campaigning on their own behalf, but were supported by numerous third parties.<ref>{{cite news |author=KCRG Intern |url=http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |title=Vote 2010: Group Targets Three Iowa Supreme Court Justices |publisher=Kcrg.com |date=October 13, 2010 |access-date=December 2, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20131203004420/http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |archive-date=December 3, 2013 |df=mdy-all }}</ref> On November 6, 2012, Justice [[David Wiggins (judge)|David Wiggins]] won retention in an election, largely due to the fact that Iowa had reversed its opposition to same-sex marriage, now showing majority support.<ref>{{cite web|url=http://electionresults.sos.iowa.gov/resultsSW.aspx?type=JUD&map=CTY&lValue=Supreme%20Court&gValue=Supreme%20Court|title=Secretary of State - Election Night Results - November 6th, 2012|access-date=November 7, 2012|archive-url=https://web.archive.org/web/20121107183038/http://electionresults.sos.iowa.gov/resultsSW.aspx?type=JUD&map=CTY&lValue=Supreme%20Court&gValue=Supreme%20Court|archive-date=November 7, 2012|url-status=dead|df=mdy-all}}</ref> |
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⚫ | In June 2015, Streit and Baker expressed support for ''[[Obergefell v. Hodges]]'', the U.S. Supreme Court ruling which legalized same-sex marriage nationwide in the [[United States]]. Baker said, "I think it just shows that we were a little bit ahead of our time in anticipating this result." Streit added, "I think all seven of us are very proud of what we did. Has marriage been lessened because of what we did? No, and in the U.S. all people will be able to enjoy the freedoms of America and be treated as equal citizens under our law." Reacting to the ''Obergefell'' ruling, Kate Varnum, plaintiff in ''Varnum'', said, "To think how far we've come in the past 10 years since we filed the lawsuit in Iowa - it's incredible." Governor [[Terry Branstad]] said he was "disappointed" with ''Obergefell'' and called for the passage of a constitutional amendment banning same-sex marriage, but acknowledged that such an amendment has "virtually no chance of [succeeding]".<ref name="scotus"/> |
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On November 6, 2012, Justice [[David Wiggins (judge)|David Wiggins]] won retention in an election, largely due to the fact that Iowa had reversed its opposition to same-sex marriage, now showing majority support.<ref>{{cite web|url=http://electionresults.sos.iowa.gov/resultsSW.aspx?type=JUD&map=CTY&lValue=Supreme%20Court&gValue=Supreme%20Court|title=Secretary of State - Election Night Results - November 6th, 2012|access-date=November 7, 2012|archive-url=https://web.archive.org/web/20121107183038/http://electionresults.sos.iowa.gov/resultsSW.aspx?type=JUD&map=CTY&lValue=Supreme%20Court&gValue=Supreme%20Court|archive-date=November 7, 2012|url-status=dead|df=mdy-all}}</ref> |
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==Attempts to pass constitutional ban== |
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==Legislative proposals== |
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[[File:Marriage rally and press conference 022 (6854294004).jpg|thumb|right|Opponents of same-sex marriage holding a rally and a press conference at the [[Iowa State Capitol]], March 2011]] |
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State [[constitutional amendment]] to ban same-sex marriage were proposed several times in the [[Iowa General Assembly]] in the wake of the judicial rulings.<ref name = funnel>{{cite web |url=http://www.qctimes.com/blogs/?p=1486 |title=Funnel Week Survivors |author=Linda Miller |date=March 10, 2008 |access-date=March 11, 2008}}</ref> To amend the [[Constitution of Iowa]], two consecutive sessions of the Assembly would need to approve the amendment, after which it would be placed on the ballot for final approval by the Iowa electorate.<ref name="IowaConstitution">{{cite web |title=Iowa Constitution, Article X, Section 1 |url=http://search.legis.state.ia.us/NXT/gateway.dll/IowaState/ISLRoot/codeandsupp/const.htm?f=templates&fn=default.htm |access-date=September 11, 2008 }}</ref> |
State [[constitutional amendment]]s to ban same-sex marriage were proposed several times in the [[Iowa General Assembly]] in the wake of the judicial rulings.<ref name = funnel>{{cite web |url=http://www.qctimes.com/blogs/?p=1486 |title=Funnel Week Survivors |author=Linda Miller |date=March 10, 2008 |access-date=March 11, 2008}}</ref> To amend the [[Constitution of Iowa]], two consecutive sessions of the Assembly would need to approve the amendment, after which it would be placed on the ballot for final approval by the Iowa electorate.<ref name="IowaConstitution">{{cite web |title=Iowa Constitution, Article X, Section 1 |url=http://search.legis.state.ia.us/NXT/gateway.dll/IowaState/ISLRoot/codeandsupp/const.htm?f=templates&fn=default.htm |access-date=September 11, 2008 }}</ref> |
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An amendment was first proposed in 2008 but did not pass.<ref name = funnel /> The Assembly did not vote on a constitutional amendment in 2009, and Senate Majority Leader [[Michael Gronstal]] said he would not allow one to be brought to the floor in 2010.<ref>''Iowa Independent'': [http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009] {{webarchive|url=https://web.archive.org/web/20110717025328/http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 |date=July 17, 2011 }}, accessed June 1, 2012</ref> In a joint press release with House Speaker [[Pat Murphy (Iowa politician)|Pat Murphy]] on April 3, 2009, Gronstal welcomed the court's decision, saying "When all is said and done, we believe the only lasting question about today's events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Iowa has always been a leader in the area of civil rights."<ref name="sw_iowa_news">[http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt Iowa Supreme Court: Gay marriage ban illegal] {{webarchive|url=https://archive.today/20130111093340/http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt |date=January 11, 2013 }}, ''Southwest Iowa News'', April 3, 2009</ref> [[Iowa Democratic Party|Democratic]] leaders of the [[Iowa Senate]] and the [[Iowa House of Representatives]] during the |
An amendment was first proposed in 2008 but did not pass.<ref name = funnel /> The Assembly did not vote on a constitutional amendment in 2009, and Senate Majority Leader [[Michael Gronstal]] said he would not allow one to be brought to the floor in 2010.<ref>''Iowa Independent'': [http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009] {{webarchive|url=https://web.archive.org/web/20110717025328/http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 |date=July 17, 2011 }}, accessed June 1, 2012</ref> In a joint press release with House Speaker [[Pat Murphy (Iowa politician)|Pat Murphy]] on April 3, 2009, Gronstal welcomed the court's decision, saying, "When all is said and done, we believe the only lasting question about today's events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Iowa has always been a leader in the area of civil rights."<ref name="sw_iowa_news">[http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt Iowa Supreme Court: Gay marriage ban illegal] {{webarchive|url=https://archive.today/20130111093340/http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt |date=January 11, 2013 }}, ''Southwest Iowa News'', April 3, 2009</ref> [[Iowa Democratic Party|Democratic]] leaders of the [[Iowa Senate]] and the [[Iowa House of Representatives]] during the 2009–2010 legislative session opposed a vote on an amendment.<ref>{{cite magazine|last=Glover|first=Mike|title=A look at Iowa legislative session |magazine=[[Bloomberg Businessweek]]|date=March 30, 2010|url=http://www.businessweek.com/ap/financialnews/D9EP6NK80.htm|access-date=October 11, 2010|url-status=dead|archive-url=https://web.archive.org/web/20120201074251/http://www.businessweek.com/ap/financialnews/D9EP6NK80.htm|archive-date=February 1, 2012|df=mdy-all}}</ref> In the next session, debate on a proposed constitutional amendment to ban same-sex marriage in Iowa attracted national news coverage after [[Zach Wahls]], a college student and son of a lesbian couple, addressed the House Judiciary Committee in a public hearing on January 31, 2011.<ref>Zach Wahls: [http://www.zachwahls.com/?page_id=273 Transcript of testimony] {{webarchive|url=https://web.archive.org/web/20120502153043/http://www.zachwahls.com/?page_id=273 |date=May 2, 2012 }}, accessed May 30, 2012</ref> A video of his testimony posted on [[YouTube]] went viral.<ref>AOL News: [http://www.aolnews.com/2011/02/02/zach-wahls-iowa-speech-for-gay-marriage-goes-viral-video/ Steven Hoffer, "Zach Wahls' Iowa Speech for Gay Marriage Goes Viral," February 2, 2011] {{webarchive|url=https://web.archive.org/web/20120911030823/http://www.aolnews.com/2011/02/02/zach-wahls-iowa-speech-for-gay-marriage-goes-viral-video/ |date=September 11, 2012 }}, accessed May 30, 2012</ref> On February 1, 2011, with [[Republican Party of Iowa|Republicans]] in the majority, the House passed ''House Joint Resolution 6'' by a vote of 62–37. Democratic leaders promised to block debate in the Senate, which they did.<ref>{{cite web |last=Bolcer |first=Julie |url=http://www.advocate.com/News/Daily_News/2011/02/01/Iowa_House_Holds_Marriage_Equality_Hearing/ |title=Iowa House Votes For Marriage Ban |publisher=Advocate.com |date=February 1, 2011 |access-date=December 2, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20111010180711/http://www.advocate.com/News/Daily_News/2011/02/01/Iowa_House_Holds_Marriage_Equality_Hearing/ |archive-date=October 10, 2011 |df=mdy-all }}</ref> |
||
Same-sex marriage could also have been banned by constitutional convention, which Iowa voters can initiate once a decade. On November 2, 2010, voters defeated a proposed constitutional convention by a 2–1 margin.<ref>{{cite news|last=Scott|first=Monica |title=What other states have done about constitutional conventions|newspaper=[[The Grand Rapids Press]]|date=October 11, 2010|url=http://www.mlive.com/news/index.ssf/2010/10/what_other_states_have_done_ab.html|access-date=October 11, 2010}}</ref> |
Same-sex marriage could also have been banned by constitutional convention, which Iowa voters can initiate once a decade. On November 2, 2010, voters defeated a proposed constitutional convention by a 2–1 margin.<ref>{{cite news|last=Scott|first=Monica |title=What other states have done about constitutional conventions|newspaper=[[The Grand Rapids Press]]|date=October 11, 2010|url=http://www.mlive.com/news/index.ssf/2010/10/what_other_states_have_done_ab.html|access-date=October 11, 2010}}</ref> |
||
⚫ | In 2023, eight Republican lawmakers introduced two bills to the General Assembly;{{efn|The lawmakers were [[Brad Sherman (Iowa politician)|Brad Sherman]], [[Luana Stoltenberg]], [[Mark Cisneros]], [[Helena Hayes]], [[Zach Dieken]], [[Skyler Wheeler]], [[Phil Thompson (Iowa politician)|Phil Thompson]], and [[Thomas Gerhold]].}} the first to add a same-sex marriage ban to the Iowa Constitution and the second to declare the ''[[Respect for Marriage Act]]'', signed into law by President [[Joe Biden]] in December 2022, inoperable in Iowa.<ref>{{cite web|url=https://cbs2iowa.com/amp/news/local/gop-lawmakers-propose-amending-iowa-constitution-to-ban-gay-marriage|title=GOP lawmakers propose amending Iowa Constitution to ban gay marriage|date=28 February 2023|work=CBS2Iowa|location=Des Moines}}</ref> The bills, which political experts and advocates widely considered unconstitutional, were not moved out of committee and died in March 2023.<ref>{{cite web|url=https://www.thegazette.com/state-government/which-iowa-bills-survived-which-ones-died/#|title=Which Iowa bills survived, which ones died|date=March 3, 2023|work=The Gazette|first=Erin|last=Murphy}}</ref> |
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⚫ | In June 2015, |
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==Native American nations== |
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⚫ | In 2023, |
||
The [[Sac and Fox Tribe of the Mississippi in Iowa]] bans same-sex marriages. Its Tribal Code states that "only persons of the opposite gender may marry" on the [[Meskwaki Settlement, Iowa|reservation]]. However, the Code also states "all marriages performed other than as provided for in this Code, which are valid under the laws of the jurisdiction where and when performed, are valid within the jurisdiction of the Sac & Fox of the Mississippi in Iowa."<ref>{{cite web|url=https://drive.google.com/file/d/14WIRfrIZHe92rqUlaAnh0YoTQjhXM7F_/view|format=PDF |title=Title 6. Family Relations|work=Meskwaki Nation|access-date=November 28, 2023}}</ref> |
|||
While there are no records of same-sex marriages as understood from a [[Western world|Western]] perspective being performed in [[Native Americans in the United States|Native American]] cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized [[two-spirit]] individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.<ref name="lang"/> [[Sauk people|Sauk]] two-spirit individuals, known as {{lang|sac|nîshwi manetôwaki}},<ref>{{cite web|url=https://www.sacandfoxnation-nsn.gov/wp-content/uploads/2021/04/Copy-of-A-Concise-Dictionary-Sauk.pdf|title=A Concise Dictionary of the Sauk Language|first=Gordon|last=Whittaker|work=The Sac & Fox Nation|date=2015|archive-url=https://web.archive.org/web/20230406143513/https://www.sacandfoxnation-nsn.gov/wp-content/uploads/2021/04/Copy-of-A-Concise-Dictionary-Sauk.pdf|archive-date=April 6, 2023}}</ref> characterized their gender role change as "an unfortunate destiny which they cannot avoid, being supposed to be impelled to this course by a vision from the female spirit that resides in the Moon." They were sacred and honored annually with a dance in which only those men who had had [[sexual intercourse]] with a ''nîshwi manetôwaki'' were allowed to participate.<ref name="lang">{{cite book|title=Men as women, women as men: changing gender in Native American cultures|url=https://archive.org/details/menaswomenwomena0000lang|url-access=registration|author=Sabine Lang|publisher=University of Texas Press |year=1998 |isbn=0-292-74701-2}}</ref> |
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==Economic impact== |
==Economic impact== |
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Line 41: | Line 48: | ||
==Marriage statistics== |
==Marriage statistics== |
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[[File:Marriage Day (3479672253).jpg|thumb|right|Melisa Keeton and Shelley Wolfe marrying in [[Des Moines, Iowa|Des Moines]] on April 27, 2009 following the Iowa Supreme Court's ruling in ''Varnum'']] |
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Between April 2009 and March 2010, 2,020 same-sex couples were married in Iowa, accounting for 10.1% of all marriages conducted in the state during that period. Only 815 couples were from Iowa, with the rest being from out of state, predominantly from neighboring [[Illinois]], [[Missouri]] and [[Nebraska]].<ref>{{cite news |author=Tony Leys |url=http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |title=2,200 gay marriages in Iowa during past year | Des Moines Register Staff Blogs |publisher=Blogs.desmoinesregister.com |date=May 18, 2010 |access-date=December 2, 2013 |archive-url=https://archive.today/20130121120151/http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |archive-date=January 21, 2013 |url-status=dead |df=mdy-all }}</ref> |
Between April 2009 and March 2010, 2,020 same-sex couples were married in Iowa, accounting for 10.1% of all marriages conducted in the state during that period. Only 815 couples were from Iowa, with the rest being from out of state, predominantly from neighboring [[Illinois]], [[Missouri]] and [[Nebraska]].<ref>{{cite news |author=Tony Leys |url=http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |title=2,200 gay marriages in Iowa during past year | Des Moines Register Staff Blogs |publisher=Blogs.desmoinesregister.com |date=May 18, 2010 |access-date=December 2, 2013 |archive-url=https://archive.today/20130121120151/http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |archive-date=January 21, 2013 |url-status=dead |df=mdy-all }}</ref> |
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Line 46: | Line 54: | ||
{| class="wikitable" style="text-align:right;" |
{| class="wikitable" style="text-align:right;" |
||
|+ Number of marriages in Iowa |
|||
⚫ | | |
||
! rowspan=2| Year |
! rowspan=2| Year |
||
! colspan=3 align=center| Same-sex marriages |
! colspan=3 align=center| Same-sex marriages |
||
Line 72: | Line 80: | ||
|2016||281||134||415||19,277||2.15% |
|2016||281||134||415||19,277||2.15% |
||
|- |
|- |
||
⚫ | |2017<ref>{{cite web|url=https://idph.iowa.gov/Portals/1/userfiles/68/HealthStats/vital_stats_2017-20181008.pdf|title=2017 Vital Statistics of Iowa|website=idph.iowa.gov|date=October 4, 2018|access-date=October 17, 2019|archive-date=February 17, 2019|archive-url=https://web.archive.org/web/20190217041359/https://idph.iowa.gov/Portals/1/userfiles/68/HealthStats/vital_stats_2017-20181008.pdf|url-status=dead}}</ref>||255||130||385||19,427||1.98% |
||
|2017||255||130||385||19,427||1.98% |
|||
|- |
|- |
||
|2018||226||110||336||18,109||1.86% |
|2018||226||110||336||18,109||1.86% |
||
Line 80: | Line 88: | ||
|2020||234||113||347||15,508||2.24% |
|2020||234||113||347||15,508||2.24% |
||
|- |
|- |
||
|2021<ref>{{cite web|url=https://hhs.iowa.gov/sites/default/files/idphfiles/vital_stats_2021-20230407.pdf|title=2021 Vital Statistics of Iowa|work=Iowa Department of Health and Human Services|accessdate=June 22, 2023}}</ref>||227||96||323||17,022||1.90% |
|2021<ref>{{cite web|url=https://hhs.iowa.gov/sites/default/files/idphfiles/vital_stats_2021-20230407.pdf|title=2021 Vital Statistics of Iowa|work=Iowa Department of Health and Human Services|accessdate=June 22, 2023|archive-url=https://web.archive.org/web/20230605222703/https://hhs.iowa.gov/sites/default/files/idphfiles/vital_stats_2021-20230407.pdf|archive-date=June 5, 2023}}</ref>||227||96||323||17,022||1.90% |
||
⚫ | |||
|2022<ref>{{cite web|url=https://hhs.iowa.gov/media/3014/download?inline=|title=2022 Vital Statistics of Iowa|work=Iowa Department of Health and Human Services|accessdate=March 7, 2024|archive-url=https://web.archive.org/web/20240101054217/https://hhs.iowa.gov/media/3014/download?inline= |archive-date=January 1, 2024}}</ref> |
|||
||264||141||405||16,661||2.43% |
|||
|} |
|} |
||
The [[2020 United States census|2020 U.S. census]] showed that there were 4,349 married same-sex couple households (1,681 male couples and 2,668 female couples) and 3,274 unmarried same-sex couple households in Iowa.<ref>{{cite web|url=https://data.census.gov/table/DECENNIALDHC2020.PCT15?t=Families%20and%20Living%20Arrangements&d=DEC%20Demographic%20and%20Housing%20Characteristics|title=PCT1405 Couple Households, By Type|access-date=11 December 2023|work=United States Census Bureau}}</ref> |
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==Public opinion== |
==Public opinion== |
||
{| class="wikitable" |
{| class="wikitable" style="text-align: center" |
||
|+style="font-size:100%" | Public opinion for same-sex marriage in Iowa |
|+style="font-size:100%" | Public opinion for same-sex marriage in Iowa |
||
|- |
|- |
||
! |
! Poll source |
||
! |
! Dates administered |
||
! |
! Sample size |
||
! |
! Margin of error |
||
! Support |
|||
! style="width:100px;"| % support |
|||
! Opposition |
|||
! style="width:100px;"| % opposition |
|||
! Do not know / refused |
|||
! style="width:40px;"| % no opinion |
|||
|- |
|||
| [http://ava.prri.org/#lgbt/2023/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
|||
| [https://www.prri.org/research/views-on-lgbtq-rights-in-all-50-states/ March 9 – December 7, 2023] |
|||
| 207 adults |
|||
| ? |
|||
| {{Yes|'''60%'''}} |
|||
| 35% |
|||
| 5% |
|||
|- |
|- |
||
| [http://ava.prri.org/#lgbt/2022/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
| [http://ava.prri.org/#lgbt/2022/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
||
| [http://ava.prri.org/methodology-2022 March 11 – December 14, 2022] |
|||
| ? |
|||
| align=center| ? |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|'''75%'''}} |
||
| 20% |
|||
| 5% |
|||
|- |
|- |
||
| [http://ava.prri.org/#lgbt/2021/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
| [http://ava.prri.org/#lgbt/2021/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
||
| [http://ava.prri.org/methodology-2021 March 8 – November 9, 2021] |
|||
| ? |
|||
| align=center| ? |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|'''72%'''}} |
||
| 23% |
|||
| 5% |
|||
|- |
|- |
||
| [http://ava.prri.org/#lgbt/2020/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
| [http://ava.prri.org/#lgbt/2020/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
||
| [http://ava.prri.org/methodology-2020 January 7 – December 20, 2020] |
|||
| 528 adults |
|||
| align=center| 528 random telephone<br/>interviewees |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|'''62%'''}} |
||
| 30% |
|||
| 8% |
|||
|- |
|- |
||
| [http://ava.prri.org/#lgbt/2017/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
| [http://ava.prri.org/#lgbt/2017/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
||
| [http://ava.prri.org/methodology-2017 April 5 – December 23, 2017] |
|||
| 895 adults |
|||
| align=center| 895 random telephone<br/>interviewees |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|'''59%'''}} |
||
| 33% |
|||
| 8% |
|||
|- |
|- |
||
| [http://ava.prri.org/#lgbt/2016/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
| [http://ava.prri.org/#lgbt/2016/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
||
| [http://ava.prri.org/methodology-2016 May 18, 2016 – January 10, 2017] |
|||
| 1,325 adults |
|||
| align=center| 1,325 random telephone<br/>interviewees |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|'''59%'''}} |
||
| 31% |
|||
| 10% |
|||
| align=center| 11% |
|||
|- |
|- |
||
| [http://ava.prri.org/#lgbt/2015/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
| [http://ava.prri.org/#lgbt/2015/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
||
| [http://ava.prri.org/methodology-2015 April 29, 2015 – January 7, 2016] |
|||
| 1,103 adults |
|||
| align=center| 1,103 random telephone<br/>interviewees |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|'''56%'''}} |
||
| 35% |
|||
| 9% |
|||
⚫ | |||
⚫ | |||
⚫ | |||
⚫ | |||
| align=center| ± 2.2% |
|||
| {{party shading/Democratic}} align=center| '''53%''' |
|||
| align=center| 33% |
|||
| align=center| 14% |
|||
|- |
|- |
||
| [http://ava.prri.org/#lgbt/2014/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
| [http://ava.prri.org/#lgbt/2014/States/lgbt_ssm/m/US-IA Public Religion Research Institute] |
||
| [http://ava.prri.org/methodology-2014 April 2, 2014 – January 4, 2015] |
|||
| 681 adults |
|||
| align=center| 681 random telephone<br/>interviewees |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|'''57%'''}} |
||
| 37% |
|||
| 6% |
|||
| align=center| 7% |
|||
|- |
|||
⚫ | |||
⚫ | |||
⚫ | |||
| ± 2.2% |
|||
| {{Yes|'''53%'''}} |
|||
| 33% |
|||
| 14% |
|||
|- |
|- |
||
| [http://www.publicpolicypolling.com/pdf/2014/PPP_Release_IA_228.pdf Public Policy Polling] |
| [http://www.publicpolicypolling.com/pdf/2014/PPP_Release_IA_228.pdf Public Policy Polling] |
||
| February 20–23, 2014 |
|||
| 869 voters |
|||
| ± 3.3% |
|||
| {{ |
| {{Yes|''47%''}} |
||
| 44% |
|||
| 9% |
|||
|- |
|- |
||
| [http://www.publicpolicypolling.com/pdf/2011/PPP_Release_Iowa_710.pdf Public Policy Polling] |
| [http://www.publicpolicypolling.com/pdf/2011/PPP_Release_Iowa_710.pdf Public Policy Polling] |
||
| July 5–7, 2013 |
|||
| 668 registered voters |
|||
| ± 3.8% |
|||
| {{ |
| {{Yes|''46%''}} |
||
| 45% |
|||
| 9% |
|||
|- |
|- |
||
| [http://www.publicpolicypolling.com/pdf/2011/PPP_Release_IA_206.pdf Public Policy Polling] |
| [http://www.publicpolicypolling.com/pdf/2011/PPP_Release_IA_206.pdf Public Policy Polling] |
||
| February 1–3, 2013 |
|||
| 846 voters |
|||
| ? |
|||
| align=center| ? |
|||
| {{ |
| {{Yes|''46%''}} |
||
| 43% |
|||
| 11% |
|||
|- |
|- |
||
| [http://www.publicpolicypolling.com/pdf/PPP_Release_IA_0826.pdf Public Policy Polling] |
| [http://www.publicpolicypolling.com/pdf/PPP_Release_IA_0826.pdf Public Policy Polling] |
||
| August 19–21, 2011 |
|||
| 798 voters |
|||
| ± 3.5% |
|||
| {{ |
| {{Yes|''46%''}} |
||
| 45% |
|||
| 9% |
|||
|- |
|- |
||
|} |
|||
{{Election box end}} |
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==See also== |
==See also== |
||
Line 199: | Line 220: | ||
* [[Same-sex marriage legislation in the United States]] |
* [[Same-sex marriage legislation in the United States]] |
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* [[Same-sex marriage status in the United States by state]] |
* [[Same-sex marriage status in the United States by state]] |
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==Notes== |
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{{notelist}} |
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==References== |
==References== |
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Line 204: | Line 228: | ||
==External links== |
==External links== |
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* {{cite web|url=https://caselaw.findlaw.com/ia-supreme-court/1374250.html|title=''Varnum v. Brien'', 763 N.W.2d 862, 883 (Iowa 2009)|website=[[FindLaw]]}} |
* {{cite web|url=https://caselaw.findlaw.com/ia-supreme-court/1374250.html|title=''Varnum v. Brien'', 763 N.W.2d 862, 883 (Iowa 2009)|website=[[FindLaw]]|archive-date=January 8, 2015|archive-url=https://web.archive.org/web/20150108194859/https://caselaw.findlaw.com/ia-supreme-court/1374250.html}} |
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* |
* {{cite web|archive-url=https://archive.today/20130126141049/http://iowaindependent.com/31160/one-year-later-gay-marriage-repeal-appears-to-be-on-backburner|title=One year later, gay marriage repeal appears to be on backburner|work=The Iowa Independent|date=April 1, 2010|url=http://iowaindependent.com/31160/one-year-later-gay-marriage-repeal-appears-to-be-on-backburner|archive-date=January 26, 2013|first=Jason|last=Hancock}} |
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{{Same-sex marriage in the United States}} |
{{Same-sex marriage in the United States}} |
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[[Category:Iowa law]] |
[[Category:Iowa law]] |
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[[Category:Same-sex marriage in the United States by state|Iowa]] |
[[Category:Same-sex marriage in the United States by state|Iowa]] |
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[[Category: |
[[Category:LGBTQ rights in Iowa]] |
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[[Category:2009 in |
[[Category:2009 in LGBTQ history]] |
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[[Category:2009 in Iowa]] |
[[Category:2009 in Iowa]] |
Latest revision as of 20:56, 22 October 2024
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Same-sex marriage has been legally recognized in Iowa since a decision of the Iowa Supreme Court on April 3, 2009. Marriage licenses became available to same-sex couples on April 27.[1] This ruling was the result of a lawsuit filed in 2005 by six same-sex couples who had been denied marriage licenses in Polk County. In 2007, the Polk County District Court ruled in favor of the couples in Varnum v. Brien. Two couples were married on September 2, 2007, before the ruling was stayed and appealed.[2] On April 3, 2009, the Iowa Supreme Court unanimously upheld the lower court's ruling, making Iowa the third U.S. state to legalize same-sex marriage.[a]
Polling suggests that a majority of Iowans support the legal recognition of same-sex marriage, with a 2023 Public Religion Research Institute poll showing that 75% of respondents supported same-sex marriage.[3]
Background
In 1998, following court decisions on same-sex unions in other states that suggested that denying the right to marry to same-sex couples was incompatible with the equal protection clause of a state constitution like Iowa's, Iowa legislators who hoped to avoid a similar court challenge tried without success to pass a statute to prohibit same-sex marriages.[4][5]
Varnum v. Brien
Proceedings and ruling
Six same-sex couples in Polk County represented by Lambda Legal sought the right to marry their same-sex partners in Iowa. They brought suit in 2005 arguing that denying them marriage licenses violated the liberty and equal protection clauses of the State Constitution. Judge Robert Hanson of Polk County District Court ruled in favor of the plaintiffs on August 30, 2007. The next morning, Hanson stayed his decision pending an appeal to the Iowa Supreme Court.[6][7] Within two hours after the district court published its ruling, two men from Des Moines submitted an application for marriage to the county recorder and their application was accepted. The next morning, several other couples applied for marriage licenses before Hanson issued his stay. Iowa marriage law requires a three-day waiting period between the initial application for a marriage license and the time the marriage becomes official, unless this waiting period is waived by a judge.[8] Sean Fritz and Tim McQuillan, residents of Ames and students at Iowa State University, were the only couple to receive such a waiver before Hanson issued his stay. After receiving the waiver and applying for a marriage license on the morning of August 31, the couple was married in a short ceremony that morning by a Unitarian Universalist minister on the minister's front lawn in Des Moines.[9]
That's a win. It's not a final win, because the case is being appealed. But just a few years ago if people were asked if we could get a judge in Iowa to strike down the exclusion from marriage, right there in the heartland, I think most people would have said we couldn't.
Two other Ames residents who applied for a marriage license before the stay, Terry Lowman and Mark Kassis, were married on September 2 in a ceremony at the Unitarian Universalist Fellowship of Ames.[11] Lowman and Kassis' three-day waiting period was waived by a judge; however, Hanson's stay occurred before the couple was able to record the marriage license. However, it is legal opinion that the marriage is legal in Iowa.[8]
Upon appeal, a unanimous Iowa Supreme Court affirmed Hanson's ruling in Varnum v. Brien on April 3, 2009. Using the standard known as intermediate scrutiny to evaluate the state's justifications for denying marriage licenses to same-sex couples, the court determined that denying a marriage licenses on the basis of sexual orientation violated the equal protection clause of the Iowa Constitution.[12] Licenses were originally to be available 21 days after the ruling on April 24, but the availability of licenses was postponed until April 27 due to a furlough day.[13]
Despite the ruling in Varnum, the Iowa Department of Public Health had refused to recognize same-sex marriages when completing birth and death certificates. On December 12, 2012, ruling in Buntemeyer v. Iowa Department of Public Health, a state court ordered the department to list the names of two women, a married lesbian couple, on the death certificate of their stillborn son.[14] The Iowa Supreme Court heard arguments that same day in the department's appeal of a decision in Gartner v. Newton that ordered it to enter the names of two women as parents on a birth certificate.[15] On May 3, 2013, the court unanimously affirmed the lower court's ruling in Gartner and said that "by naming the nonbirthing spouse on the birth certificate of a married lesbian couple's child, the child is ensured support from that parent and the parent establishes fundamental legal rights at the moment of birth".[16]
Judicial retention elections
On November 2, 2010, Iowa Supreme Court justices David L. Baker, Michael Streit and Marsha Ternus, who participated in the unanimous 2009 ruling that Iowa could not deny marriage licenses based on sexual orientation, were removed from office after judicial retention elections.[17] Their removal followed campaigning by groups opposed to same-sex marriage including the National Organization for Marriage.[18] The three judges did no campaigning on their own behalf, but were supported by numerous third parties.[19] On November 6, 2012, Justice David Wiggins won retention in an election, largely due to the fact that Iowa had reversed its opposition to same-sex marriage, now showing majority support.[20]
In June 2015, Streit and Baker expressed support for Obergefell v. Hodges, the U.S. Supreme Court ruling which legalized same-sex marriage nationwide in the United States. Baker said, "I think it just shows that we were a little bit ahead of our time in anticipating this result." Streit added, "I think all seven of us are very proud of what we did. Has marriage been lessened because of what we did? No, and in the U.S. all people will be able to enjoy the freedoms of America and be treated as equal citizens under our law." Reacting to the Obergefell ruling, Kate Varnum, plaintiff in Varnum, said, "To think how far we've come in the past 10 years since we filed the lawsuit in Iowa - it's incredible." Governor Terry Branstad said he was "disappointed" with Obergefell and called for the passage of a constitutional amendment banning same-sex marriage, but acknowledged that such an amendment has "virtually no chance of [succeeding]".[21]
Attempts to pass constitutional ban
State constitutional amendments to ban same-sex marriage were proposed several times in the Iowa General Assembly in the wake of the judicial rulings.[5] To amend the Constitution of Iowa, two consecutive sessions of the Assembly would need to approve the amendment, after which it would be placed on the ballot for final approval by the Iowa electorate.[22]
An amendment was first proposed in 2008 but did not pass.[5] The Assembly did not vote on a constitutional amendment in 2009, and Senate Majority Leader Michael Gronstal said he would not allow one to be brought to the floor in 2010.[23] In a joint press release with House Speaker Pat Murphy on April 3, 2009, Gronstal welcomed the court's decision, saying, "When all is said and done, we believe the only lasting question about today's events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Iowa has always been a leader in the area of civil rights."[24] Democratic leaders of the Iowa Senate and the Iowa House of Representatives during the 2009–2010 legislative session opposed a vote on an amendment.[25] In the next session, debate on a proposed constitutional amendment to ban same-sex marriage in Iowa attracted national news coverage after Zach Wahls, a college student and son of a lesbian couple, addressed the House Judiciary Committee in a public hearing on January 31, 2011.[26] A video of his testimony posted on YouTube went viral.[27] On February 1, 2011, with Republicans in the majority, the House passed House Joint Resolution 6 by a vote of 62–37. Democratic leaders promised to block debate in the Senate, which they did.[28]
Same-sex marriage could also have been banned by constitutional convention, which Iowa voters can initiate once a decade. On November 2, 2010, voters defeated a proposed constitutional convention by a 2–1 margin.[29]
In 2023, eight Republican lawmakers introduced two bills to the General Assembly;[b] the first to add a same-sex marriage ban to the Iowa Constitution and the second to declare the Respect for Marriage Act, signed into law by President Joe Biden in December 2022, inoperable in Iowa.[30] The bills, which political experts and advocates widely considered unconstitutional, were not moved out of committee and died in March 2023.[31]
Native American nations
The Sac and Fox Tribe of the Mississippi in Iowa bans same-sex marriages. Its Tribal Code states that "only persons of the opposite gender may marry" on the reservation. However, the Code also states "all marriages performed other than as provided for in this Code, which are valid under the laws of the jurisdiction where and when performed, are valid within the jurisdiction of the Sac & Fox of the Mississippi in Iowa."[32]
While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.[33] Sauk two-spirit individuals, known as nîshwi manetôwaki,[34] characterized their gender role change as "an unfortunate destiny which they cannot avoid, being supposed to be impelled to this course by a vision from the female spirit that resides in the Moon." They were sacred and honored annually with a dance in which only those men who had had sexual intercourse with a nîshwi manetôwaki were allowed to participate.[33]
Economic impact
A 2008 study from the University of California, Los Angeles analyzed the impact of allowing same-sex couples to marry on Iowa's state budget. The study concluded that allowing same-sex couples to marry would result in a net gain of approximately $5.3 million each year for the state.[35] This net impact would be the result of savings in expenditures on state means-tested public benefit programs and an increase in state income and sales tax revenue.
Marriage statistics
Between April 2009 and March 2010, 2,020 same-sex couples were married in Iowa, accounting for 10.1% of all marriages conducted in the state during that period. Only 815 couples were from Iowa, with the rest being from out of state, predominantly from neighboring Illinois, Missouri and Nebraska.[36]
By June 26, 2015, the day the U.S. Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges, approximately 11,000 same-sex couples had married in Iowa,[21] mostly in Polk, Scott, Johnson, Pottawattamie and Linn counties.
Year | Same-sex marriages | Total marriages | % same-sex | ||
---|---|---|---|---|---|
Female | Male | Total | |||
2009 | 1,138 | 645 | 1,783 | 21,139 | 8.43% |
2010 | 1,082 | 512 | 1,594 | 20,880 | 7.63% |
2011 | 885 | 417 | 1,302 | 20,567 | 6.33% |
2012 | 896 | 351 | 1,247 | 20,986 | 5.94% |
2013 | 2,074 | 1,323 | 3,397 | 22,841 | 14.87% |
2014 | 1,135 | 678 | 1,813 | 21,327 | 8.50% |
2015 | 336 | 198 | 534 | 19,540 | 2.73% |
2016 | 281 | 134 | 415 | 19,277 | 2.15% |
2017[37] | 255 | 130 | 385 | 19,427 | 1.98% |
2018 | 226 | 110 | 336 | 18,109 | 1.86% |
2019 | 191 | 121 | 312 | 17,049 | 1.83% |
2020 | 234 | 113 | 347 | 15,508 | 2.24% |
2021[38] | 227 | 96 | 323 | 17,022 | 1.90% |
2022[39] | 264 | 141 | 405 | 16,661 | 2.43% |
The 2020 U.S. census showed that there were 4,349 married same-sex couple households (1,681 male couples and 2,668 female couples) and 3,274 unmarried same-sex couple households in Iowa.[40]
Public opinion
See also
- Jene Newsome
- LGBT rights in Iowa
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage status in the United States by state
Notes
- ^ After Massachusetts and Connecticut, but excluding California which had constitutionally banned same-sex marriage in November 2008, but still recognized marriages performed between June and November 2008.
- ^ The lawmakers were Brad Sherman, Luana Stoltenberg, Mark Cisneros, Helena Hayes, Zach Dieken, Skyler Wheeler, Phil Thompson, and Thomas Gerhold.
References
- ^ Corely, Matt (April 3, 2009). "BREAKING: Iowa Supreme Court Unanimously Upholds Same-Sex Marriage". ThinkProgress. Retrieved March 4, 2014.
- ^ "Judge Overturns Iowa Ban on Same-Sex Marriages". The New York Times. Associated Press. August 31, 2007. Retrieved August 31, 2007.
- ^ Staff. "American Values Atlas". Public Religion Research Institute. Retrieved March 1, 2023.
- ^ Iowa's governor-elect wants vote to ban gay marriage, criticizes senate leader
- ^ a b c Linda Miller (March 10, 2008). "Funnel Week Survivors". Retrieved March 11, 2008.
- ^ "Iowa Gay Marriages Abruptly Halted". 365Gay.com. Associated Press. August 31, 2007. Archived from the original on September 11, 2007. Retrieved August 31, 2007.
- ^ Henderson, Kay (August 31, 2007). "Ruling briefly allows gay marriage in Iowa". Reuters. Retrieved August 31, 2007.
- ^ a b "Judge Overturns Iowa Ban on Same-Sex Marriages". The New York Times. Des Moines, Iowa. August 31, 2007. Archived from the original on October 7, 2017.
- ^ Miller, Kyle (September 4, 2007). "A window of opportunity". Iowa State Daily. Retrieved April 5, 2013.
- ^ Interview with Evan Wolfson, David Shankbone, September 30, 2007
- ^ Laura Pieper and Luke Jennett (September 1, 2007). "Lucullan's owners set Sunday as wedding date". The Ames Tribune. Archived from the original on September 28, 2007. Retrieved September 2, 2007.
- ^ Des Moines Register staff (April 3, 2009). "Unanimous ruling: Iowa marriage no longer limited to one man, one woman". Des Moines Register. Archived from the original on June 29, 2012. Retrieved April 3, 2009.
- ^ Davey, Monica (April 27, 2009). "A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry". New York Times. Retrieved October 22, 2012.
- ^ Iowa District Court for Polk County, Buntemeyer v. Iowa DPH, December 12, 2012. Retrieved December 17, 2012
- ^ Danielson, Dar (December 12, 2012). "Supreme Court hears birth certificate case involving same-sex parents". Radio Iowa. Retrieved March 6, 2013.
- ^ Neuman, Scott (May 3, 2013). "Iowa Court: List Both Same-Sex Parents On Birth Certificates". NPR. Retrieved May 3, 2013.
- ^ "Iowans Dismiss Three Justices". Des Moines Register. November 3, 2010. Archived from the original on July 28, 2012. Retrieved February 3, 2015.
- ^ Glover, Mike (October 25, 2010). "Gay Marriage Foes Back Push To Oust Iowa Justices". Boston.com. Associated Press. Retrieved February 3, 2015.
- ^ KCRG Intern (October 13, 2010). "Vote 2010: Group Targets Three Iowa Supreme Court Justices". Kcrg.com. Archived from the original on December 3, 2013. Retrieved December 2, 2013.
- ^ "Secretary of State - Election Night Results - November 6th, 2012". Archived from the original on November 7, 2012. Retrieved November 7, 2012.
- ^ a b In six years prior to Friday's SCOTUS decision, more than 11,000 same-sex couples have wed in Iowa, The Gazette (Cedar Rapids), June 26, 2015
- ^ "Iowa Constitution, Article X, Section 1". Retrieved September 11, 2008.
- ^ Iowa Independent: Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009 Archived July 17, 2011, at the Wayback Machine, accessed June 1, 2012
- ^ Iowa Supreme Court: Gay marriage ban illegal Archived January 11, 2013, at archive.today, Southwest Iowa News, April 3, 2009
- ^ Glover, Mike (March 30, 2010). "A look at Iowa legislative session". Bloomberg Businessweek. Archived from the original on February 1, 2012. Retrieved October 11, 2010.
- ^ Zach Wahls: Transcript of testimony Archived May 2, 2012, at the Wayback Machine, accessed May 30, 2012
- ^ AOL News: Steven Hoffer, "Zach Wahls' Iowa Speech for Gay Marriage Goes Viral," February 2, 2011 Archived September 11, 2012, at the Wayback Machine, accessed May 30, 2012
- ^ Bolcer, Julie (February 1, 2011). "Iowa House Votes For Marriage Ban". Advocate.com. Archived from the original on October 10, 2011. Retrieved December 2, 2013.
- ^ Scott, Monica (October 11, 2010). "What other states have done about constitutional conventions". The Grand Rapids Press. Retrieved October 11, 2010.
- ^ "GOP lawmakers propose amending Iowa Constitution to ban gay marriage". CBS2Iowa. Des Moines. February 28, 2023.
- ^ Murphy, Erin (March 3, 2023). "Which Iowa bills survived, which ones died". The Gazette.
- ^ "Title 6. Family Relations" (PDF). Meskwaki Nation. Retrieved November 28, 2023.
- ^ a b Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures. University of Texas Press. ISBN 0-292-74701-2.
- ^ Whittaker, Gordon (2015). "A Concise Dictionary of the Sauk Language" (PDF). The Sac & Fox Nation. Archived from the original (PDF) on April 6, 2023.
- ^ M.V. Lee Badgett, Amanda K. Baumle, Adam P. Romero, and Brad Sears, The Impact on Iowa's Budget of Allowing Same-Sex Couples to Marry (April 1, 2008). The Williams Institute.
- ^ Tony Leys (May 18, 2010). "2,200 gay marriages in Iowa during past year | Des Moines Register Staff Blogs". Blogs.desmoinesregister.com. Archived from the original on January 21, 2013. Retrieved December 2, 2013.
- ^ "2017 Vital Statistics of Iowa" (PDF). idph.iowa.gov. October 4, 2018. Archived from the original (PDF) on February 17, 2019. Retrieved October 17, 2019.
- ^ "2021 Vital Statistics of Iowa" (PDF). Iowa Department of Health and Human Services. Archived from the original (PDF) on June 5, 2023. Retrieved June 22, 2023.
- ^ "2022 Vital Statistics of Iowa". Iowa Department of Health and Human Services. Archived from the original on January 1, 2024. Retrieved March 7, 2024.
- ^ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved December 11, 2023.
External links
- "Varnum v. Brien, 763 N.W.2d 862, 883 (Iowa 2009)". FindLaw. Archived from the original on January 8, 2015.
- Hancock, Jason (April 1, 2010). "One year later, gay marriage repeal appears to be on backburner". The Iowa Independent. Archived from the original on January 26, 2013.