Iowa Marriage Equality: What Now?

As quickly as eyes could finish scanning the 69-page ruling from the Iowa supreme court that struck down the law banning same-sex marriage, conversation turned to what happens next for marriage equality in the Hawkeye State, and in the nation.

The most immediate reaction among marriage-equality supporters in Iowa this morning seemed to be one of joy, and relief.

"When all is said and done, we believe the only lasting question about today's events will be why it took us so long," said state senate majority leader Mike Gronstal and house speaker Pat Murphy, both Democrats, in a statement.

In its unanimous ruling, the court maintained that the Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa constitution. Same-sex couples may begin to marry in Iowa on April 24, and since Iowa's marriage law has no residency restriction, out-of-state gay couples will be eligible for Iowa marriage licenses as well.

In the weeks ahead, attention will turn to the state legislature, where marriage-equality opponents and the minority Republican leadership are already calling for a constitutional amendment that would define marriage as a union between a man and a woman. Such an amendment would require approval in consecutive legislative sessions and in a public vote, which means marriage-equality opponents will have to wait until 2012.

Despite the lag in time, marriage-equality leaders say it is important to act now to strengthen support for the court decision among legislators and the public.

"In Iowa, the immediate work is supporting the elected officials in their effort to stand by this decision," said Evan Wolfson, executive director of Freedom to Marry. "They're going to come under tremendous pressure to overturn it."

Attitudes toward marriage equality in Iowa also matter.

According to the Des Moines Register , a poll in February 2008 showed that 62% of Iowans said they believed marriage should only be between a man and a woman. State residents were split on whether the constitution should be changed to ban same-sex marriage, however.

"The further work in Iowa over the weeks and months ahead is helping the rest of the people in Iowa to see that families are helped and no one is hurt by the decision," said Wolfson.

From a national perspective, leaders expressed optimism that the ruling from the Iowa supreme court could affect the pending decision on the validity of Proposition 8, the ballot initiative that repealed last May's marriage-equality ruling in California.

A decision on Prop. 8, as well as the 18,000 same-sex marriages that were performed while the institution remained legal in California, is expected by June 3.

"In addition to being happy for the families in Iowa, we are also very happy because this really strengthens our Prop. 8 challenge," said Shannon Minter, legal director for the National Center for Lesbian Rights and lead counsel for the effort to overturn Prop. 8.

"The Iowa supreme court really focused on why equal protection is so central to the Iowa constitution and Iowa's government. That is really the essence of our argument in the Prop. 8 case," Minter said.

In fact, some say, today's court decision in Iowa, as well as recent votes in favor of marriage equality in the New Hampshire and Vermont legislatures, suggest a growing backlash against Prop. 8.

"I think Prop. 8 was a wake-up call to a lot of people who were complacent or on the sidelines and who didn't really do enough," says Wolfson. "And I think there is a greater determination now on the part of many nongay and gay people to take action and not let this drift in by itself."