Some details from the Iowa decision
Apr. 7th, 2009 05:36 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
pecuniumLike I said, they made this thing solid, covered all the bases and put it to bed.
* The state failed to demonstrate that there was a specific and compelling government interest in prohibiting marriage between people of the same gender.
* The state's claim that gay people are fundamentally different because gay couples cannot procreate doesn't hold water; the fundamental fact is that both homosexuals and heterosexuals seeking marriage are in committed relationships, and thus are in similar circumstances- yet treated differently.
* The state's claim that the gay marriage ban does not discriminate against sexual preference or gender is, dressed up in legal terms, bullshit.
* Laws addressing factors that have been the subject of past unjust discrimination must meet a higher constitutional standard- strict scrutiny rather than the presumption of constitutionality. Homosexuality falls under this category because:
(1) homosexuals have been deliberately and methodically discriminated against;
(2) homosexuality does not affect their ability to participate in society;
(3) sexual orientation is not a choice, but a fundamental part of an individual's personality; and
(4) homosexuals are a minority with inadequate political power to defend their own rights in the political process.
At minimum, these factors require that the gay marriage ban be judged under an intermediate level of scrutiny- in other words, the government has to show an important government objective is being met by the ban.
* The state's claim that upholding tradition is an important government objective is bullshit; tradition is only legally important when it's being upheld for some other purpose, not for its own merit.
* The state's claim that the gay marriage ban provides the optimum environment for children in families is bullshit; the law doesn't ban child molesters, violent felons, or single parents from raising kids, nor does it bar unmarried gay people from doing so. Furthermore, the state didn't even bother to demonstrate that a gay marriage ban is actually good for children of heterosexual couples- whereas the plaintiffs brought studies showing that same-sex couples were about as good as mixed-sex couples for raising children.
* The state's claim that banning gay marriage promotes procreation is bullshit; the state failed to demonstrate that prohibiting homosexuals from marrying does anything to encourage procreation. (Personal note: there's nothing said about whether or not promoting procreation is a valid government interest in the first place.)
* The state's claim that banning gay marriage strengthens straight marriage is bullshit; there's no evidence for the proposition.
* The state's claim that denying the legal benefits of marriage to homosexuals conserves state resources is bullshit; similar savings could be made by discriminating against blacks, Catholics, etc. in the same fashion.
* Religious arguments on gay marriage have no place in the courts whatever, especially since there are religious arguments on both sides.
* Homosexuals are people too. As such, the law can't treat them differently from everyone else.
For those who want to read the whole thing, it's right here as a .pdf.
* The state failed to demonstrate that there was a specific and compelling government interest in prohibiting marriage between people of the same gender.
* The state's claim that gay people are fundamentally different because gay couples cannot procreate doesn't hold water; the fundamental fact is that both homosexuals and heterosexuals seeking marriage are in committed relationships, and thus are in similar circumstances- yet treated differently.
* The state's claim that the gay marriage ban does not discriminate against sexual preference or gender is, dressed up in legal terms, bullshit.
* Laws addressing factors that have been the subject of past unjust discrimination must meet a higher constitutional standard- strict scrutiny rather than the presumption of constitutionality. Homosexuality falls under this category because:
(1) homosexuals have been deliberately and methodically discriminated against;
(2) homosexuality does not affect their ability to participate in society;
(3) sexual orientation is not a choice, but a fundamental part of an individual's personality; and
(4) homosexuals are a minority with inadequate political power to defend their own rights in the political process.
At minimum, these factors require that the gay marriage ban be judged under an intermediate level of scrutiny- in other words, the government has to show an important government objective is being met by the ban.
* The state's claim that upholding tradition is an important government objective is bullshit; tradition is only legally important when it's being upheld for some other purpose, not for its own merit.
* The state's claim that the gay marriage ban provides the optimum environment for children in families is bullshit; the law doesn't ban child molesters, violent felons, or single parents from raising kids, nor does it bar unmarried gay people from doing so. Furthermore, the state didn't even bother to demonstrate that a gay marriage ban is actually good for children of heterosexual couples- whereas the plaintiffs brought studies showing that same-sex couples were about as good as mixed-sex couples for raising children.
* The state's claim that banning gay marriage promotes procreation is bullshit; the state failed to demonstrate that prohibiting homosexuals from marrying does anything to encourage procreation. (Personal note: there's nothing said about whether or not promoting procreation is a valid government interest in the first place.)
* The state's claim that banning gay marriage strengthens straight marriage is bullshit; there's no evidence for the proposition.
* The state's claim that denying the legal benefits of marriage to homosexuals conserves state resources is bullshit; similar savings could be made by discriminating against blacks, Catholics, etc. in the same fashion.
* Religious arguments on gay marriage have no place in the courts whatever, especially since there are religious arguments on both sides.
* Homosexuals are people too. As such, the law can't treat them differently from everyone else.
For those who want to read the whole thing, it's right here as a .pdf.
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no subject
Date: 2009-04-08 01:08 am (UTC)Some governments, such as in Quebec or France, have said that it is a valid government interest, but their approach is to offer money for extra children, and to improve daycare -- presumably because those actions might actually work. To say that discriminating against gays would encourage people to have children is ... ridiculous. Absurd.
Thanks for the summary. The ruling does seem quite thorough. One hopes it will be cited as a precedent.
no subject
Date: 2009-04-08 02:08 am (UTC)no subject
Date: 2009-04-08 02:15 am (UTC)I'm sure I'm particularly sensitive to this, but this: "(2) homosexuality does not affect their ability to participate in society" - is making me twitch a bit, as it has this undertone of ableism that makes me uneasy.
no subject
Date: 2009-04-08 02:27 am (UTC)Being gay doesn't affect (all other things being equal) one's ability to participate in society. This changes some of the scritiny issues. If it were a disability, then the court would have to factor that into the question.
At least that's the way it reads to me.
no subject
Date: 2009-04-08 02:31 am (UTC)no subject
Date: 2009-04-08 02:49 am (UTC)It's been a good week for equality.
FTR
Date: 2009-04-08 07:26 am (UTC)no subject
Date: 2009-04-08 12:10 pm (UTC)Sometimes, the Only Way To Win
Date: 2009-04-08 02:46 pm (UTC)This was done.
Perfectly.