Iowa Supreme Court Approves Same-Sex Marriage::Legal Blog

April 8th, 2009 by Leeds Morelli & Brown

CNN reports that on Friday, April 3, 2009, the Iowa Supreme Court struck down a state law that banned same-sex marriage. The decision affirmed a 2007 decision by a lower court that Iowa’s 1998 law, which limited marriage to heterosexual couples, violated the equal protection clause of the state’s constitution. www.cnn.com/2007/US/law/08/30/iowa.samesexmarriage/index.html

This landmark decision makes Iowa the third state in the United States, following Massachusetts and Connecticut, which allows same-sex couples to marry. The Iowa Supreme Court’s decision struck the language from Iowa Code Section 595.2, which limited civil marriage strictly to a man and a woman, directing the remaining statutory language to be interpreted and applied in a way that gives homosexuals the right to marry. The court reaffirmed that a statute inconsistent with the Iowa Constitution must be declared void, “even though it may be supported by strong and deep-seated traditional beliefs and popular opinion.”

Other states, including Vermont and New Hampshire, have taken steps toward legalizing same-sex marriage. The Vermont Senate and House have voted to legalize homosexual marriage, but Vermont’s governor has said he will veto the measure. However, Vermont and New Hampshire, as well as New Jersey, allow civil unions for gay and lesbian couples. 

Homosexuals face discrimination at many levels of society, including the workplace. While Federal anti-discrimination law such as Title VII of the Civil Rights Act 1964 does not extend protection to homosexuals, state and local laws, including the Executive Law in New York, make it impermissible for employers to discriminate based on sexual orientation. http://www.eeoc.gov/policy/vii.html The attorneys at Leeds Morelli and Brown, P.C. are passionate advocates for their clients and will not stand for discrimination against persons based on their sexual orientation. Attorneys at Leeds Morelli and Brown will use every legal avenue possible to ensure client’s rights are preserved. For a free consultation, contact an attorney at the Leeds Morelli and Brown law firm at 1-800-545-4658, or visit http://www.lmblaw.com.

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