Friday, April 03, 2009

Victory in Iowa

The Iowa Supreme Court has declared that the Iowa law restricting marriage to a man and a woman violates the Iowa Constitution’s guarantee of equal protection. Allow me to quote the Iowa Supreme Court.

"If gay and lesbian people must submit to different treatment without an exceedingly persuasive justification, they are deprived of the benefits of the principle of equal protection upon which the rule of law is founded."

I just love the term "exceedingly persuasive justification."

This is an extremely important decision and, with the California Supreme Court considering the question of repealing Proposition 8 and the Governor of Vermont considering whether to sign the first legislative bill legalizing gay marriage, probably couldn’t have come at a more opportune moment.

Of course, there’s always the right wing’s take on the matter as illustrated in the comments of a Des Moines pastor who is reported by the AP as saying "It's a perversion and it opens the door to more perversions. What’s next?"

Wow, two mistakes in an 11 word sentence. First, I debate it’s a perversion if, as currently suspected, homosexuality is a natural variant and not based upon a voluntary decision. And second, the good pastor is engaging in the slippery slope fallacy. Nothing is next because nothing else is in the same “no choice about the matter” bucket that homosexuality appears to be in.

If I sound soft on the “no choice” aspect it’s because while the evidence compiled so far certainly appears to strongly indicate that homosexuality is not a choice, I’m not certain that a consensus has been formed that the evidence is conclusive. Personally I’m persuaded, but I get the feeling there is still some doubt among other than right wing airheads.

Hopefully this ruling will encourage the troops in New York and New Jersey who are working towards a legislative legalization of gay marriage and where sympathetic governors are in office.

Gay marriage is now legal in Massachusetts, Connecticut and Iowa while California, Vermont, New York and New Jersey are teetering on the edge. At this rate it won’t be long before the split among the states becomes untenable and the U.S. Supreme Court, which abhors inconsistency among the states, will have to make a decision.

I don't see how the U.S. Supreme Court, assuming that it remains true to the U.S. Constitution, can rule other than that gay marriage bans violate the 14th Amendment which states:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The last time I looked gays and lesbians were still citizens of the United States.

1 comment:

graggg said...

Iowa Supreme Court said gay-YES!
See the actual video.
video