The Bright Coast

Progressive Thoughts from San Diego Alums on Law, Politics, and Culture

Taking a Cue from Iowa

Posted by brightcoast on April 3, 2009

Iowa’s Supreme Court ruled the law defining marriage as between a man and a woman unconstitutional as a violation of the State’s Constitution under the Equal Protection Clause. Iowa is the first state in the midwest to legalize same sex marriage. Good summary can be found here.

The action up to this point parallels that in California, what I think our legal process can take away from this, however, is the process to amend the state constitution. As you’ll read, the state legislature has to approve a ban on same sex marriage (or whatever constitutional amendment is being proposed) for two consecutive sessions (thus allowing for potential turnover by elections) and then the voters will be allowed to vote on the issue. I think this strikes the perfect balance. It gives the legitimacy of the state government, who is responsible for representing the entire state, and then allows the people their individual votes. Anyway, still waiting for the CA S.Ct. decision to come down.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: