I have lived in Iowa since I was just over a year old, 1986 to be exact. Iowa may not be the most glamorous or exciting state, but every once and a while we do something like we did today.
For those who didn't not know, Iowa upheld the constitutionality of same sex marriages. When the decision came down my facebook exploded in a way it hasn't since election day. I love my friends and love that they care, and of this writing around 50 of my friends have mentioned it.
"Is this heaven?" "No, it's Iowa.
Some of my friends study constitutional law, so they pointed me to a couple of particulars (as well as my own time studying it here at UI). Join me after the jump for an analysis of the decision, and of Iowa's long history with equality.
The Good
The Court ruled 7-0. Unanimous rulings are extremely hard to overturn.
It strikes me that this will set up some sort of challenge in the US supreme court, which I will explain later.
It happened in freakin' Iowa!!!!!!! I can't wait to see how all the talking heads on right wing radio, FOX NEWS, and Congress try to spin that. Sure they could when it was those wacky liberals in Massachusetts, Connecticut, or California (or Vermont I suppose), but when its "Midwestern Values" Iowa??? I guess we know what those values really are...equality.
Really, in Iowa????
It seems that due to other news events, namely this thing in Binghamton means that there will be little blow back on Cable News for the time being.
The Bad
It was not per curiam ruling that did not touch on any of the substantive due process. Translated in "person" from "lawyer" by a friend this means:
it means it was a unanimous ruling written by an individual justice by name (as opposed to per curiam which means for the court). It also means the court ruled on only one of two theories advanced to the court. They ruled that Iowa's marriage laws are discriminatory in a constitutionally impermissible way. They did not however rule that marriage was a fundamental right being denied to certain Iowans.
The Legacy
As mentioned in another diary, Iowa was the first state outside New England to grant voting rights to African-Americans.
Iowa was also one of the first states to give rights to women, voting rights, and higher education.
My school, the University of Iowa, was also one of the first schools to make women doctors, lawyers, and Ph.Ds
Did I mention we had a little something to do with making this Obama guy president?
I almost forgot about about Tinker v. Des Moines, which vastly broadened the rights of students in a school setting
Maybe some day I'll explain to you all how much fun a caucus is, even if it is "undemocratic"...