Marriage Equality Win in Midwest!/Lambda Legal: Making the Case for Equality

Marriage Equality Win in Midwest!

Plaintiff couples in Lambda Legal's Iowa marriage lawsuit: Varnum v. Brien

Nearly two years after six same-sex couples were denied marriage licenses by Polk County Recorder Timothy Brien, an Iowa district court ruled that it is "unconstitutional and invalid" to deny same-sex couples the right to marry.

This is the first marriage case launched in the American Midwest and shows that fairness and equality for all are valued across our nation. The decision brings to life the Iowa Constitution's promise of equality for same-sex couples and their families.

This case now moves forward, and the Iowa Supreme Court will ultimately have the final decision.


Camilla Taylor
Senior Staff Attorney
Arguing Varnum v. Brien
"This decision recognizes that our clients and thousands of other same-sex couples and their families across Iowa are devoted to each other and want the protections and responsibilities that only marriage can provide so that they can take care of each other."
Background:

Lambda Legal filed this lawsuit on behalf of six same-sex couples seeking the right to marry in Iowa. We argue that under the equal protection and due process guarantees of the Iowa Constitution it is unlawful to bar same-sex couples from marrying. The couples in this case have been together between five and more than 17 years. Three of the couples are raising children, others are planning families, and all want the responsibilities of marriage and the protections only marriage can provide.

History:
December 2005 Lambda Legal files marriage lawsuit in Iowa district court for Polk County; case will ultimately be decided by the Iowa Supreme Court.
April 2006 Twenty-six state legislators represented by an antigay legal organization move to intervene in the case as defendants.
August 2006 Court denies legislators' application, ruling that none of the legislators had interests in the case sufficient for intervention.
August 2006 Plaintiffs move to amend their petition in order to add three of their children as parties, among other amendments.
September 2006 Defendant resisted plaintiffs' motion to add the children as parties.
November 2006 Defendant moves for summary judgment.
December 2006 Court grants plaintiffs' motion to amend, including plaintiffs' motion to add three of their children as parties.
January 2007 Plaintiffs file resistance to defendant's motion for summary judgment and cross-moved for summary judgment as well. Plaintiffs also file affidavits from leading child development and other experts who explain the need for marriage rights for same-sex couples. In support of plaintiffs' summary judgment motion, Iowa faith leaders, scholars and religious groups file friend-of-the-court brief as does the Iowa Civil Liberties Union on behalf of a group of Iowa historians and law professors.
March 2007 Defendant files reply brief.
April 2007 Plaintiffs file reply brief.
May 2007 Summary judgment hearing.
August 2007 Victory! The Iowa District Court for Polk County rules in favor of equality!


James L. Bennett,
Midwest Regional Director
Lambda Legal
11 East Adams, Suite 1008
Chicago, IL 60603
312.663.4413 x31
http://www.lambdalegal.org


Lambda Legal: Making the Case for Equality

What a great day for Iowa — and for our communities! An Iowa court has ruled that it is unconstitutional  to deny six same-sex couples in Lambda Legal’s lawsuit the right to marry.

Read the full text of the decision.

Today’s decision brings to life the promise of equality in Iowa’s constitution for same-sex couples and their families. All people deserve to be treated fairly by their government and the decision makes that principle clear.

Lambda Legal originally filed the marriage lawsuit in December 2005. Today’s decision comes after a hearing in May where both sides made arguments before the court.



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We’re happy that our argument prevailed in court, but we are happy most of all for the couples and families in this case — and for all of the same-sex couples across Iowa who want to get married just as their neighbors do. We thank our co-counsel Dennis Johnson of Dorsey and Whitney and our partners at One Iowa for working steadfastly with us on this case. And we thank all of you for your continued support.

As we head into Labor Day weekend, the official close of summer, this victory wraps up Lambda Legal’s “Summer of Equality ” with a big bang!

But the fight is far from over. We are already preparing the next step as the case moves forward — ultimately the Iowa Supreme Court will have the final word.

Thank you and have a wonderful holiday weekend.

All best,



Kevin Cathcart
Executive Director
Lambda Legal