Gay Marriage: Coming Soon to Iowa?

On August 30, Judge Robert Hanson issued an order in the Iowa District Court for Polk County which declared a state law banning gay marriage unconstitutional. Since then, Iowa has been engulfed in a fire storm of debate over gay marriage. The courthouse in Polk County was flooded with gay couples on August 31 who were waiting to get marriage licenses. But, the state appealed its case, and Judge Hanson put a stay on his order, prohibiting the recorder's office from issuing any more marriage licenses to gay couples until the matter is resolved on appeal.

A lot of people commented on gay marriage on Iowa's news websites, and even Iowa's Governor Culver got involved, issuing a statement in which he said he opposes gay marriage and believes marriage is between a man and a woman. Well, Governer Culver, it's adorable that you think your own personal beliefs and values should determine what is and is not constitutional, but they don't, the Constitution does. And the fact is, Judge Hanson had it right.

The Constitution was drafted to protect fundamental rights. The United States Supreme Court has stated in numerous decisions that marriage is a fundamental right. Under the Constitution, the government cannot deny citizens fundamental rights without a compelling state interest. For example, the state can ban things like an adult marrying a teenager, or brothers and sisters marrying each other, because there is a compelling state interest behind these bans (i.e. prohibiting exploitation and manipulation of minors and prohibiting incest). However, a personal belief that gay marriage is wrong is not a compelling state interest, even if that personal belief is held by an important state representative.

I don't know if God thinks gay marriage is okay. I don't even know if I think it's okay. But it doesn't matter. It doesn't matter what my neighbor thinks, it doesn't matter what Governor Culver thinks, it doesn't even matter what Judge Hanson thinks. And Judge Hanson recognized this when he stated that a ban on gay marriage is unconstitutional because it violates equal protection and due process. The government couldn't make a law banning blacks and whites from marrying each other, so why should the government be able to say that people of certain sexual orientations can't marry each other? And don't say "because it's morally wrong" or "God made Adam and Eve, not Adam and Steve." God is not a part of state regulation, and He never will be. He is not meant to be. If a pastor refuses to marry a gay couple because doing so would violate his religious beliefs, that's fine. He's entitled to practice his religion freely. But the state doesn't have the right to deny gay couples a marriage license on a religious basis, and it's sad and ridiculous that people use that as a reason to do so.

A lot of people are personally opposed to gay marriage so they say it should be banned. This doesn't make any sense. You can't deny people their constitutional rights just because a lot of people don't like them, or disagree with what they're doing. If you could, then I would argue that stupid people should not be allowed to get married or procreate. This could solve a lot of problems, but it would be unconstitutional. Just like it's unconstitutional to deny gay people the right to get married.

A lot of people will be mad about this article. I don't care. Judge Hanson got it right, and I pray that the Iowa Supreme Court has the logic to do so as well.