{"id":4614,"date":"2009-04-07T10:16:52","date_gmt":"2009-04-07T15:16:52","guid":{"rendered":"http:\/\/law.marquette.edu\/facultyblog\/?p=4614"},"modified":"2009-04-07T10:23:19","modified_gmt":"2009-04-07T15:23:19","slug":"thoughts-on-the-iowa-supreme-courts-marriage-decision","status":"publish","type":"post","link":"https:\/\/law.marquette.edu\/facultyblog\/2009\/04\/thoughts-on-the-iowa-supreme-courts-marriage-decision\/","title":{"rendered":"Thoughts on the Iowa Supreme Court’s Marriage Decision"},"content":{"rendered":"

First, let me thank Prof. Slavin for inviting me to contribute to the blog. \u00a0I shall try not to be dull, and in that effort, I begin my blogging stint with a controversial topic, the Iowa Supreme Court’s recent decision striking down the state’s ban on same-sex marriage<\/a>.<\/p>\n

My take on same-sex marriage begins with my personal experiences with same-sex couples, and homosexuals in general.\u00a0 If the law treats them like second-class citizens, and my experience shows me that this is just not right, then I look to the law to make sense of why this treatment must be so.\u00a0 And I cannot find the justification.<\/p>\n

The first time I met someone I knew to be gay was in the Navy.\u00a0 I met many during my service. \u00a0On our boat, the presence of gay sailors was open and notorious, and no one cared.\u00a0 They did their jobs and stood their watches; nothing else mattered.\u00a0 It was the same on shore. \u00a0<\/p>\n

Another personal experience was with a particular couple. \u00a0Before my wife Tara and I were married, we were acquainted with another unmarried couple.\u00a0 They were middle aged; one had chronic health issues.\u00a0 They had been together for many years and took good care of each other.\u00a0 It was obvious in everything they did that they were devoted to each other; that they were in love.\u00a0 They were also good friends to us.<\/p>\n

Any successful relationship between two people living out their love to each other is a good example to all.\u00a0 It didn\u2019t matter that our friends were unmarried, and it didn\u2019t matter that they were two men.\u00a0 We were unmarried by choice, still sorting through the implications of marriage.\u00a0 Our friends were unmarried too, but not by choice.\u00a0 Their commitment to each other was certain.\u00a0 Day by day they lived out the vows they weren\u2019t permitted to give legally\u2014\u201cfor better or for worse, till death do us part.\u201d \u00a0In this they did far better than many \u2018traditional\u2019 couples.\u00a0 If they were guilty of a sin, it was by no means the worst: the sin of unregulated love.<\/span><\/p>\n

Rather than harm our relationship, our friends\u2019 good example, like those of our parents, gave us the confidence to make that lasting commitment to each other too.\u00a0 Tara and I did marry\u2014almost 22 years ago.\u00a0 In our marriage, money, career, children, illness, Law School, these have challenged us.\u00a0 Whom our neighbors married\u2014or even if they were married\u2014has never been a concern.\u00a0<\/span><\/p>\n

So, after some 30 years of acquaintance with persons I knew to be gay or lesbian, my conclusion is \u201cwhat IS the big deal?\u201d \u00a0I\u00a0try to understand the arguments for prohibiting same-sex marriages, but to me, they just don’t hold water.\u00a0<\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/span><\/span>Marriage is for procreation<\/span><\/span>.\u00a0 Once maybe, but not for a long time.\u00a0 Since before the Constitution, marriages between people who cannot or will not have children were considered just as legitimate as those resulting in a pack of children.\u00a0 (I grew up in one of those packs.)<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/span><\/span>Marriage is the cornerstone of society, culture, civilization<\/span><\/span>.\u00a0 No argument there, but that does not preclude same-sex marriages from contributing to the stability of our culture.<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/span><\/span>Marriage is traditionally between a man and a woman only<\/span><\/span>.\u00a0 Well, not really.\u00a0 But, setting polygamy aside, is it legitimate to deny personal liberties on the basis of tradition alone?\u00a0 Adherence to tradition is voluntary, but the imposition of tradition is oppressive.\u00a0\u00a0<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/span><\/span>Same-sex marriage threatens family values<\/span><\/span>. \u00a0 Which values are those?\u00a0 Marital fidelity?\u00a0 Nope.\u00a0 Raising your children to be good persons?\u00a0 Nope.\u00a0 Keeping your family healthy and safe?\u00a0 Nope.\u00a0 Which one did I miss?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/span><\/span>A majority of Americans oppose same-sex marriage<\/span><\/span>.\u00a0 I suppose so.\u00a0 I know a majority opposed racial equality too.\u00a0 And inter-racial marriage.\u00a0 At one time a majority opposed abolitionism and enfranchising women and Catholic Presidents.\u00a0 Fortunately our framers understood that individual rights (such as equal protection) are not subject to the fickle will of the majority.<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/span><\/span>The Framers of our Constitution didn\u2019t intend to legalize same-sex marriage<\/span><\/span>.\u00a0 Probably true.\u00a0 They also probably didn\u2019t intend to legalize semi-automatic fire-arms, political action committees, NATO, law school blogs, Social Security, or Medicare. And they probably didn\u2019t realize that sexual orientation, left-handedness, and many other character attributes are not choices, but characteristics imposed on people by both nature and nurture. \u00a0In any event, why do we suppose that the Framers intended our evaluation of this problem be cabined by their evaluations? \u00a0Unlike many modern Americans, the Enlightenment generation who founded our Nation had a deep faith in progress and intellectual development. They honored the traditions that served them well, and spurned the rest.\u00a0 If they thought picking and choosing acceptable, why can\u2019t we?<\/span><\/p>\n

So, needless to say, I was gladdened to see that the Supreme Court of Iowa unanimously ruled on Friday that a statute prohibiting same-sex marriage violates the Iowa Constitution.<\/span><\/p>\n

Critics have not been quiet, of course. \u00a0\u201cWhile I respect an individual’s right to live his or her life as they see fit, decisions like this are better left in the hands of legislators and governors.\u201d <\/a>\u00a0 (RNC Chairman Michael Steele) \u00a0Government should not tell you how to run your business, but it should be able to tell you who you should marry? \u00a0Why?<\/span><\/p>\n

Rep. Steve King (R-IA)\u00a0 condemned the decision, saying Iowa may become a \u201cgay marriage Mecca.\u201d<\/a>\u00a0In this depressed economy, when Iowans see the kind of money that people spend on marriages, they may start advertizing their new marital opportunities.<\/span><\/p>\n

\u201cIt’s, quite frankly, a disaster.\u201d<\/a>\u00a0\u00a0(Brian English, spokesman for the Iowa Family Policy Center).\u00a0 This is an odd disaster: no one injured, no property damage, no harm of any kind.\u00a0\u00a0 This is the kind of disaster we need more of.<\/span><\/p>\n

I am sure there are other rationales for prohibiting same-sex marriage, but they all seem to be different versions of arguments from tradition, or from religious practices, or from personal philosophies about law or culture.\u00a0 Some may appear persuasive\u2014until you think of the good people who are relegated to second-class citizenship because of tradition, state-sanctioned religious views, or personal philosophies.\u00a0 The bottom line is that if my neighbors were two married men, it would not affect my marriage at all.\u00a0 If they had a dog that barked a lot, that would matter much, much more.<\/p>\n","protected":false},"excerpt":{"rendered":"

First, let me thank Prof. Slavin for inviting me to contribute to the blog. \u00a0I shall try not to be dull, and in that effort, I begin my blogging stint with a controversial topic, the Iowa Supreme Court’s recent decision striking down the state’s ban on same-sex marriage. My take on same-sex marriage begins with […]<\/p>\n","protected":false},"author":54,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ocean_post_layout":"","ocean_both_sidebars_style":"","ocean_both_sidebars_content_width":0,"ocean_both_sidebars_sidebars_width":0,"ocean_sidebar":"","ocean_second_sidebar":"","ocean_disable_margins":"enable","ocean_add_body_class":"","ocean_shortcode_before_top_bar":"","ocean_shortcode_after_top_bar":"","ocean_shortcode_before_header":"","ocean_shortcode_after_header":"","ocean_has_shortcode":"","ocean_shortcode_after_title":"","ocean_shortcode_before_footer_widgets":"","ocean_shortcode_after_footer_widgets":"","ocean_shortcode_before_footer_bottom":"","ocean_shortcode_after_footer_bottom":"","ocean_display_top_bar":"default","ocean_display_header":"default","ocean_header_style":"","ocean_center_header_left_menu":"","ocean_custom_header_template":"","ocean_custom_logo":0,"ocean_custom_retina_logo":0,"ocean_custom_logo_max_width":0,"ocean_custom_logo_tablet_max_width":0,"ocean_custom_logo_mobile_max_width":0,"ocean_custom_logo_max_height":0,"ocean_custom_logo_tablet_max_height":0,"ocean_custom_logo_mobile_max_height":0,"ocean_header_custom_menu":"","ocean_menu_typo_font_family":"","ocean_menu_typo_font_subset":"","ocean_menu_typo_font_size":0,"ocean_menu_typo_font_size_tablet":0,"ocean_menu_typo_font_size_mobile":0,"ocean_menu_typo_font_size_unit":"px","ocean_menu_typo_font_weight":"","ocean_menu_typo_font_weight_tablet":"","ocean_menu_typo_font_weight_mobile":"","ocean_menu_typo_transform":"","ocean_menu_typo_transform_tablet":"","ocean_menu_typo_transform_mobile":"","ocean_menu_typo_line_height":0,"ocean_menu_typo_line_height_tablet":0,"ocean_menu_typo_line_height_mobile":0,"ocean_menu_typo_line_height_unit":"","ocean_menu_typo_spacing":0,"ocean_menu_typo_spacing_tablet":0,"ocean_menu_typo_spacing_mobile":0,"ocean_menu_typo_spacing_unit":"","ocean_menu_link_color":"","ocean_menu_link_color_hover":"","ocean_menu_link_color_active":"","ocean_menu_link_background":"","ocean_menu_link_hover_background":"","ocean_menu_link_active_background":"","ocean_menu_social_links_bg":"","ocean_menu_social_hover_links_bg":"","ocean_menu_social_links_color":"","ocean_menu_social_hover_links_color":"","ocean_disable_title":"default","ocean_disable_heading":"default","ocean_post_title":"","ocean_post_subheading":"","ocean_post_title_style":"","ocean_post_title_background_color":"","ocean_post_title_background":0,"ocean_post_title_bg_image_position":"","ocean_post_title_bg_image_attachment":"","ocean_post_title_bg_image_repeat":"","ocean_post_title_bg_image_size":"","ocean_post_title_height":0,"ocean_post_title_bg_overlay":0.5,"ocean_post_title_bg_overlay_color":"","ocean_disable_breadcrumbs":"default","ocean_breadcrumbs_color":"","ocean_breadcrumbs_separator_color":"","ocean_breadcrumbs_links_color":"","ocean_breadcrumbs_links_hover_color":"","ocean_display_footer_widgets":"default","ocean_display_footer_bottom":"default","ocean_custom_footer_template":"","ocean_post_oembed":"","ocean_post_self_hosted_media":"","ocean_post_video_embed":"","ocean_link_format":"","ocean_link_format_target":"self","ocean_quote_format":"","ocean_quote_format_link":"post","ocean_gallery_link_images":"on","ocean_gallery_id":[],"footnotes":""},"categories":[66,44,37,1],"tags":[],"class_list":["post-4614","post","type-post","status-publish","format-standard","hentry","category-human-rights","category-political-processes-rhetoric","category-popular-culture-and-law","category-uncategorized","entry"],"_links":{"self":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/posts\/4614","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/users\/54"}],"replies":[{"embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/comments?post=4614"}],"version-history":[{"count":0,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/posts\/4614\/revisions"}],"wp:attachment":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/media?parent=4614"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/categories?post=4614"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/tags?post=4614"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}