Brief Fact Summary. Six same sex couples are denied the right to marry and challenge the statute that defines marriage as a union between only a man and a woman.
Synopsis of Rule of Law. The 1998 civil marriage statute does violate the equal protection clause of the Iowa Constitution. Same sex marriage is now permitted in the State of Iowa.
While it is true that the law applies only to conduct, the conduct targeted by this law is conduct that is closely correlated with being homosexual.
View Full Point of LawIssue. Whether the Iowa state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as determined by the Supreme Court of Iowa.
Held. The decision of the district court was affirmed by the Supreme Court to hold that the Iowa marriage statute violates the equal protection clause of the Iowa Constitution.
Concurrence All justices concur.
Discussion. The state motto of Iowa is: “Our liberties we prize and our rights we will maintain.” The couples in this case also present research supporting that children are equally as well off in homes with same sex marriages as those with a mother and father.