Could Iowa Voters Reverse Court's Same-Sex Marriage Decision?
Probably not. Iowa, where the state supreme court today found unconstitutional the state's law limiting marriage to a man and a woman, does not have statewide ballot initiatives. (The legislature actually approved direct democracy in the 1910s, but the question never made it to the people for ratification, according to the Initiative & Referendum Institute). And the process of amending the constitution is long and laborious. Legislators would have to vote for an amendment in two consecutive sessions. Then voters would have to adopt the amendment. By my calculation, the earliest that could happen would be in 2012.
A vote then would make same-sex marriage a big issue in the presidential election. But this is a powerful decision by a unanimous court (a link to the text is here); this non-lawyer read it this afternoon and found it to be more narrow and better drafted than the California Supreme Court decision (which, in addition to legalizing same-sex marriage, made gay people a protected class and discovered an unwritten right to have your family decisions respected in the state constitution).
What's the impact of this decison? It's a great day for marriage equality, obviously. Voter-approved bans on same-sex marriage are likely to come under judicial and political pressure in other states. And I suspect this is good for the Californians working to overturn Prop 8. Californians never like to lag in social change, and if Iowa can legalize same-sex marriage, why shouldn't we?
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Joe you cant be serious,
Joe you cant be serious, "and if Iowa can legalize same-sex marriage, why shouldn't we?" We had a vote and the people in California have the power to amend the Constitution as they see fit. I know this question will make liberals who are reading happy, but what about the majority? You see democracy can be an inconvenience to many people who already have a prediscribed view of society. Elections be damned. So let the process play itself out and the California Supreme Court should rule that our voice was heard and enact Prop 8. No other Proposititon in California's history has been so scrutinized. Let the Homosexual Marriage group gather their signatures and have a vote to overturn Prop 8. If the people want it changed so be it. Let our democracy speak not black robes. As for Iowa let the people lobby their elected representatives to have ballot vote. It won't happen like Massachusetts. Politically there is no way Democrats in Iowa would put it to a vote. Fighting liberals through the ballot box is the only hope of the Conservative movement. We have won numberous battles in California regarding affirmative action, Prop 187, Prop 21 (trying violent youth as adults), Jess;ca's Law, Prop 13, Prop 22, Prop8 and the list goes on. The special election in May will be another showdown as voter turnout will hurt the Liberals Props. It will be a great victory to defeat all the Props.
rights
This country is no longer about laws, democracy, God.
It is now run by perverts and immoral demons.
I'm all for same sex marrage as I am for marrying my goat. My goat is a male and so am I. Where do I get the certificate. I want my goat to be able to visit me in the hospital when I am sick and I want him to inherit what I have when I die. I love my goat