Some preliminary thoughts on the Varnum opinion

3 04 2009

At the moment, I’m in a fabulous and fascinating conference on CRT and ignoring it because I’m so excited about this opinion.  More thoughts to come, but I wanted to post a few initial observations.

1) The opinion was unanimous, and they applied intermediate scrutiny (not dismissing strict, but not reaching it because of the result under intermediate).

2) The language is absolutely beautiful.  Let me share my favourite quote: “Our responsibility… is to protect constitutional rights of individuals from legislative enactments that have denied those rights, even when the rights have not yet been broadly accepted, were at one time unimagined, or challenge a deeply ingrained practice or law viewed to be impervious to the passage of time.”  YES!  The whole history/tradition thing was a big deal in oral arguments, and I’m so glad that the Court continues to embrace an evolving notion of equal protection under the Iowa Constitution.  Iowa has an amazing history when it comes to equal protection, and this is just another example.

3) I loved their basically saying that it’s absolutely ridiculous to argue that there’s no classification being made here because gay people can marry someone of the opposite sex just like straight people.  Thank you!

4) They also did a great job on the procreation/child-rearing arguments, which were a big focus of this case.  Dennis Johnson gets big credit for the way he argued this point, and the Court bought it.

Finally, if you’d like a step-by-step breakdown summary of the ruling, you can read my article:

iowa supreme court mandates same-sex marriage

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