http://www.washingtoncitypaper.com/blogs/sexist/2009/04/03/iowaa-gay-marriage-ban-found-unconstitutional/ Sex and Gender in D.C. Wed, 25 Aug 2010 12:24:38 -0400 hourly 1 http://wordpress.org/?v=3.1.2 http://www.washingtoncitypaper.com/blogs/sexist/2009/04/03/iowaa-gay-marriage-ban-found-unconstitutional/comment-page-1/#comment-4807 Conrad Davis Fri, 03 Apr 2009 20:18:33 +0000 http://www.washingtoncitypaper.com/blogs/sexist/?p=3434#comment-4807 This will not be able to be immediately overturned as it was in California because of the structure of the Iowa constitution. Constitutional amendments must be passed by two consecutive legislatures, and the current (democratic) legislature has rejected an amendment. Thus, anti-equality legislators must win a majority in the next two elections to even put the issue on a ballot. So gays in Iowa have at least 4 years before their rights can evaporate. This will not be able to be immediately overturned as it was in California because of the structure of the Iowa constitution. Constitutional amendments must be passed by two consecutive legislatures, and the current (democratic) legislature has rejected an amendment. Thus, anti-equality legislators must win a majority in the next two elections to even put the issue on a ballot. So gays in Iowa have at least 4 years before their rights can evaporate.

]]> http://www.washingtoncitypaper.com/blogs/sexist/2009/04/03/iowaa-gay-marriage-ban-found-unconstitutional/comment-page-1/#comment-4802 Simon Fri, 03 Apr 2009 18:50:23 +0000 http://www.washingtoncitypaper.com/blogs/sexist/?p=3434#comment-4802 Interestingly, the applied intermediate scrutiny and found it to fail. CA applied strict scrutiny; MA applied rational-basis review. I suspect that most states will go the way of IA and apply intermediate scrutiny -- which represents an expansion of the concept (previously intermed. scrutiny was only for gender). Effectively, courts are starting to see sexual orientation as being analogous to sex: there's something there (some sort of innate difference), but not enough to justify the heavy baggage we place on it. Interestingly, the applied intermediate scrutiny and found it to fail. CA applied strict scrutiny; MA applied rational-basis review. I suspect that most states will go the way of IA and apply intermediate scrutiny -- which represents an expansion of the concept (previously intermed. scrutiny was only for gender). Effectively, courts are starting to see sexual orientation as being analogous to sex: there's something there (some sort of innate difference), but not enough to justify the heavy baggage we place on it.

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