Some preliminary thoughts on the Varnum opinion

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

About Avory

Avory Faucette is a queer feminist activist, writer, and public speaker. Zie graduated from the University of Iowa with a JD in 2009, focusing on international human rights and gender/sexuality issues in the law. Hir current work focuses on queer identity, policy, and marginalized identities under the queer umbrella. As a genderqueer person, zie comments frequently on non-binary identity, transgender and genderqueer issues, and media coverage of these populations. Zie also speaks at colleges, universities, and events on transgender and queer issues and conducts trainings on related topics.

Posted on April 3, 2009, in law & politics, same-sex marriage and tagged , , , , , , , , . Bookmark the permalink. Leave a comment.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: