Iowa Judge Thwarts Voters on Gay Marriage Ban

31 08 2007

Filed under: Iowa, Judge, Robert Hanson, Breathingist, Liberalism

A breathingist judge in Iowa has expropriated the law by overruling the voters and ruling the state’s 1998 gay marriage ban unconstitutional.

The ruling by Judge Robert Hanson concluded that the state’s prohibition on same-sex marriage is unconstitutional and he ordered the Polk County recorder to issue marriage licenses to six gay couples.

Polk County is expected to appeal the ruling to the Iowa Supreme Court. County Attorney John Sarcone said the county would immediately seek a stay from Hanson, which if granted would prevent anyone from seeking a marriage license until an appeal could be heard.

Des Moines lawyer Dennis Johnson represented the six gay couples who filed suit after they were denied marriage licenses. He called the ruling “a moral victory for equal rights.”

Johnson argued that Iowa has a long history of aggressively protecting civil rights in cases of race and gender. He said the Defense of Marriage Act, which the Legislature passed in 1998, contradicts previous court rulings regarding civil rights and should be struck down.

It contradicts civil rights rulings because gay marriage is not a civil right. It’s a moral wrong. Previous judges understood this. Race and gender are traits that a person is born with. Homosexuality is a chosen perversion of sexual activity and is a sinful, just as heterosexuals living together out of wedlock is a chosen, sinful act.

Dr. Dobson agrees that this is another instance of a judge creating laws to suit his agenda:

Once again, we see an activist judge handing liberal activists what they have not been able to achieve legislatively or at the ballot box: government sanctioning of same-sex marriage,” he said. “This purely political ruling proves yet again that nothing short of a federal marriage-protection amendment is sufficient to preserve one-man, one-woman marriage in our nation.

By striking down Iowa’s DOMA, Judge Robert Hanson has shown he believes the desires of adults should trump what’s best for children. His ruling represents social engineering at its worst.

Homosexuality is a perversion of God’s creation that has caused people to develop an unnatural, egotistical attitude that puts children and future generations on the back burner for the sake of satisfying a synthetic, unhealthy sexual desire.

Jay Stephenson:

I don’t even want to get into the gay marriage debate here, except to note that most of the time when this kind of thing is “ordered” and forced on the people by the judicial branch it only results in backlash, new legislation, and making it even more difficult down the road for their advocates.

Protein Wisdom notes the danger in “moralizing” from the bench:

It is, of course, easy (and correct, I should add) to note that once we allow same-sex unions to be called marriage, we will have effectively changed the definition of marriage, making same-sex couplings “marriage” by dint of broadening the definition to accommodate the new arrangement. This is, after all, how traditions evolve and take on new components.

But when dealing with a tradition as sacrosanct to many as the marriage bond, the government and the judiciary should tread lightly. On many occasions I’ve said that I’d be happy to abide any state legislation voted on by the electorate that sanctified same-sex couplings as “marriage.” This is, I believe, the proper way to bring about such changes.

By circumventing that process and finding in marriage a “civil right,” the judiciary is greasing a slippery slope for other challenges to traditional views of marriage (and family) that I can’t envision withstanding legal scrutiny.

This is not an application of the law we’re witnessing. Instead, it is a form of moralizing from the bench — and it emboldens social engineers of all stripes to look at court precedents analogously to find in their pet projects legal ground for overturning traditions that they cannot convince the electorate to overturn through the legislative process.

The nutroots wholeheartedly approve, and since it’s Iowa, this has now become an election issue. But since Democrats have conveniently “found religion” just in time for the campaign, they doubt Democrat candidates will embrace it:

Our candidates should embrace it. They’ll be too chickensh*t (profanity edited by Church and State) to do so, but they should. Without reservation.

In this political climate, Republicans will get little salience on the issue — which is dying anyway. Remember that Red Arizona, last year, was the first state to reject a ballot initiative banning gay marriage. With people losing their homes, and our troops losing their lives in Iraq, people have more important things on their mind than whether two people who love each other should be allowed to marry or not.

Nothing would make liberals more happy than to successfully detract American’s attention away from moral issues and turn them to either political issues turned moral (Iraq) or moral issues turned political (homosexual marriage).

More people lose their lives driving than we’ve lost in Iraq. So it’s not truly death of troops that liberals oppose. It’s death of troops in a war they don’t like because they are obsessed with hate for this entire administration. Which is quite baffling why they voted to send the troops there in first place. If they opposed death, they would have kept them home so we could all be sitting ducks together.

Values still rank very high for most conservative voters. A cursory glance at the Republican candidates would have told Kos this. Rudy leads, but most conservatives hold values close and struggle with supporting him for the simple reason that on the two most important moral issues, abortion and homosexuality, he leans left. This is a large reason Republicans trail in fundraising as well.

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