The recent Iowa Supreme Court decision on same sex marriage has unleashed a flood of response from those who disagree with the court’s unanimous opinion. Despite the decision, it is anticipated the issue will persist at least through the next election cycle.
There have been calls, some from sitting lawmakers, for local officials to ignore the court’s ruling and deny marriage licenses to gay couples on the grounds of personal belief.
But the ruling is not the first
instance where an Iowa Supreme court has chosen to expand constitutional
protection. Indeed the state has been
well ahead of the historical curve of civil rights.
Even before statehood, Iowa had a legal system. There was a Territorial version of the Supreme Court, and, like now, that court was where some of Iowa's earliest controversies were settled. Remarkably, this court made decisions that were sometimes more than 100 years ahead of similar national rulings.
One of the court's first decisions, in 1839, was to refuse to force a man to return to slavery in order to pay a $550 debt. The court ruled that he did need to pay back the money, but this debt could not form a basis on which any "man in this territory can be reduced to slavery."
Iowa became a state 7 years later, in 1846, and even before the Iowa Constitution was written, the Iowa General Assembly legalized inter-racial marriage. This legislature also made the radical decision that women could own property in their own names – even if they had a husband.
Iowa's Constitution took more than 13 years to write. The first Constitutional Convention was held in 1844, but their writings were not ratified. Two more conventions were held, and in 1857 the voters and the Governor said, 'yes.' This constitution stated clearly that slavery was not allowed in Iowa.
In 1868, African-American men were given the right to vote in Iowa, and that same year, the Iowa Supreme Court used constitutional arguments to rule that schools segregated by race were inherently unequal, and therefore unconstitutional. The United States didn't rule on school desegregation until almost 100 years later!
As far as rights for women go, in 1867, the Iowa's Supreme Court ruled that women could have custody rights, and in 1869, affirmed the first U.S. female lawyer, Arabella Mansfield.
Some of these early rulings seem antiquated to us, today, but they were radical in their times. Some have been changed; some re-affirmed. But, like the U.S. Constitution, the Iowa Constitution was framed… to be a beacon of fairness.
(Iowa Constitution, article 1-1)
"All men and women are, by nature, free and equal, and have certain inalienable rights among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness."
Links
Varnum v Brien Supreme Court Decision
www.judicial.state.ia.us/Supreme_Court/Varnum_v_Brien/Supreme_Court_Ruling/
This is the Iowa Supreme Court's posting of the transcript of the justices' opinion on the same-sex marriage case. There are two versions - a brief and a longer version.
Iowa Courage Brief
www.aclu-ia.org/marriage.asp
Several court documents regarding Varnum v. Brien, including the "Courage" brief (which depicts civil rights trends Iowa Constitutional and legislative history) are available for download here.
The Constitution of the State of Iowa and Amendments
books.google.com/books?id=0MJJAAAAIAAJ
This book, published by the State Historical Society of Iowa and Benjamin Franklin Shambaugh in 1922, is completely digitized and available to read on this site.
Clips from Iowa Supreme Court Same-Sex Marriage Hearing
www.iptv.org/iowajournal/story.cfm/521
Clips from the Iowa Supreme Court as it considered the constitutionality of same-sex marriage in 2008.
