The Iowa Supreme Court ruled unanimously Friday that Iowa's gay marriage ban is unconstitutional, making it the first state in the Midwest to grant same-sex couples the right to marry.
The ruling overrides a state statute that defines marriage as a union between a man and a woman. According to the court decision, this statute violates the equal protection clause of the Iowa Constitution.
Fair Wisconsin Executive Director Glenn Carlson said it is too early to say if the decision in Iowa will start a trend of gay marriage acceptance in the rest of the Midwest. However, Gov. Doyle's budget proposal would grant domestic-partner benefits to same-sex couples.
""I think it's a big step for Iowa. We're far from getting there in Wisconsin, but we are pushing vigorously for the domestic-partnership protection provisions that are in the governor's budget proposal,"" Carlson said.
Although Iowa does not have residency requirements for marriage licenses, Wisconsin's recently amended constitution does not recognize same-sex marriages, and a state law makes it a crime for citizens to enter into such marriages in other states.
Julaine Appling, CEO of the Wisconsin Family Council, said the Iowa decision was an ""egregious use of judicial power.""
""This is raw judicial activism, and I am profoundly sad for the people of Iowa whose will as expressed through their elected representatives has been completely dismissed,"" she said.
Same-sex marriages could begin by the end of the month in Iowa, but UW-Madison political science professor Charles Franklin said a constitutional amendment to ban gay marriage, similar to the one passed in Wisconsin in 2006, will likely be on the ballot in Iowa in the near future.
""This is an area where we've seen state after state after state vote against gay marriage on ballot propositions or constitutional amendments. That looks pretty likely in Iowa as well,"" he said, adding he thinks the debate will be settled in favor of gay marriage in the long run.
