From the Associated Press:
The Iowa Supreme Court says the state’s same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making it the third state where gay marriage is legal. . .
During oral arguments before the Supreme Court in December, Des Moines lawyer Dennis Johnson argued the ban violated his clients’ due process and equal protection rights.
“We are suggesting that everybody be able to participate equally in an institution that has existed since the beginning of this state,” Johnson said during arguments.’
The problem with this logic is clear. The “institution” of marriage in Iowa has been recognized as the union of one male and one female “since the beginning of this state.” In that light, the court is acting subversively. This court has preempted the Iowa state legislature and has invented out of whole cloth a new definition of marriageâ€”a definition that the people of Iowa through their elected representatives would likely reject.