Thursday, August 30, 2007

Is this Heaven?



No, it's Iowa.
Defendant [the State of Iowa] is hereby enjoined from refusing to issue marriage licenses to Plaintiffs or any other same-sex couples who a) are otherwise eligible for said licenses pursuant to Chapter 595 as amendment… and b) who properly apply for such licenses.
You can read all about it at Lambda Legal's website. They've also posted the text of the court's decision.

Marriage equality has come next door to Iowa.

The decision is simply excellent, because it includes many direct arguments aimed at those who, for political reasons, successfully legitimize prejudice and ignorance on a range of social and health issues by discounting or cherry-picking the facts. This decision could be a watershed decision for sanity and truth in the courtroom on marriage equality, not unlike the Dover School Board decision was for those trying change science education into something else. Here's a taste:
[The state's witness opposing same-sex marriage] makes it clear in his deposition that he has not read the vast majority of the studies concerning gay and lesbian parenting, that he has performed no related research himself and that he is unaware of the existence of many recently published studies [that contradict his assertions]....

Because he admittedly is unable to evaluate current social science regarding gay and lesbian parenting generally or critique the methodology upon which that science is based, Dr. Hawkins apparently is not commenting upon the relative frequency of positive outcomes in child-rearing by heterosexual couples nor apparently is he commenting upon how children do by various measure where reared by stably married heterosexual couples as opposed to same-sex couples.
Translation: the State's case holds no water because they ignored the facts of the case and instead clung to prejudices and assumptions that, although they may be politically popular, carry no weight in court because they simply aren't true.

SO, Iowa (pending an expected appeal to their state Supreme Court) is now set to be the eleventh state to implement government recognition of same-sex relationships, and the third to do the right thing and implement marriage equality.

Here's another part of the decision; for South Dakota State legislators take note:
Court costs are hereby taxed to Defendant.
Maybe some Iowan refugees can come home, to the benefit of our great sister state.

And it could happen here too, if we can open our eyes and see the truth--that the campaign against marriage equality has been used as a political tool, and an ugly and unconstitutional one at that.

Iowa.

Could have sworn it was Heaven.

5 comments:

  1. Karen Wojahn08:42

    A "heavenly" blog, Curtis! Thanks!
    Karen+

    ReplyDelete
  2. This is great news. Someone actually did the hard work needed instead of bowing to ignorance and innuendo.

    ReplyDelete
  3. thought I'd pass this along as a former resident of Robbinsdale, and current Iowan

    The decision may not hold up when it gets to the Iowa Supreme Court, where it should go next, but if they do uphold the decision, it takes several years to amend the Iowa Constitution (two different general assemblies and a statewide vote). Under that scenario, after two years of allowing gay marriage it will be interesting to see if people see through the fraudulent claim that gay marriage threatens regular marriage.

    ReplyDelete
  4. "gay marriage" "regular marriage"
    sorry for using ridiculous terms. marriage is marriage and ought to be the right of all adults

    ReplyDelete
  5. Anonymous15:23

    I congratulate the lucky couple who managed to get married before the judge stayed the ruling.

    ReplyDelete