Governor Chet Culver released a statement today confirming that he will not support a constitutional amendment to ban gay marriage in Iowa. The governor said his personal faith still holds that marriage should be between a man and a woman, and he emphasized that the Iowa Supreme Court’s decision in Varnum v Brien

reaffirmed that churches across Iowa will continue to have the right to recognize the sanctity of religious marriage in accordance with their own traditions and church doctrines. The Supreme Court’s decision does not require that churches recognize marriages between persons of the same gender or officiate over such unions.

After reassuring Iowans that religious marriage is not affected by the ruling, the governor noted:

Yet, the Supreme Court of Iowa, in a unanimous decision, has clearly stated that the Constitution of our state, which guarantees equal protection of the law to all Iowans, requires the State of Iowa to recognize the civil marriage contract of two people of the same gender. The Court also concluded that the denial of this right constitutes discrimination. Therefore, after careful consideration and a thorough reading of the Court’s decision, I am reluctant to support amending the Iowa Constitution to add a provision that our Supreme Court has said is unlawful and discriminatory.

“As Governor, I must respect the authority of the Iowa Supreme Court, and have a duty to uphold the Constitution of the State of Iowa. I also fully respect the right of all Iowans to live under the full protection of Iowa’s Constitution.

I’ve posted the full text of Culver’s statement after the jump.

Here’s to the governor for doing the right thing.  Republicans will hammer Culver for not doing “whatever it takes to protect marriage between a man and a woman,” but they weren’t voting for him anyway.

More important, as Attorney General Tom Miller noted last Friday, the court issued a unanimous “clear and well-reasoned opinion.” Social conservatives don’t have to change their religious beliefs, but their faith-based objections to gay unions are not grounds to deny other citizens the benefits of civil marriage. Marriage equality does not threaten heterosexual marriage in any way.  

I just spoke to my wife, and she agreed to allow me to post her entry from the Religious Action Center of Reform Judaism today.

Since she is a law professor, I thought her take on this might be of interest to some.

Sally Frank is a member of the Union for Reform Judaism’s Commission on Social Action and a Professor at Drake University Law School.  All views expressed are her own.

Last Friday, the Iowa Supreme Court overturned Iowa’s ban on same sex marriage in a unanimous opinion authored by arguably the most conservative Justice on the Court.  It is obvious in reading the opinion that the Court is anticipating the negative reaction it will get from some.  After describing the ordinariness of the twelve plaintiffs and how they stand out only because of their sexual orientation, the Court went on to give a civics lesson.  It reminded its readers of the roles of each branch of government and that it was fulfilling its role in determining the constitutionality of a statute.  The Court then summarized its history of leadership in civil rights issues.  The first case in the territorial Iowa Supreme Court ruled that no one could be property and therefore refused to allow the return of a fugitive slave years before the Dred Scott case, it outlawed school segregation and ruled against separate but equal in the late 1800’s.  It was also the first state to admit women to the bar.

Another important aspect of the ruling was that it analyzed discrimination based on sexual orientation with heightened scrutiny.  This is the level of scrutiny used when reviewing laws discriminating on the basis of gender.  To pass this scrutiny, the government had to show that the law was closely related to a significant governmental interest.  The Court held open the possibility of analyzing future cases involving sexual orientation under the even higher test of strict scrutiny which is the test used for race discrimination.

Once the Court determined how to review the statute, it analyzed every argument raised to support the marriage ban and found all of them lacking.  It then addressed the unstated argument- – the objections of some religious groups to marriage equality.  In a footnote, the Court specifically referred to Reform Judaism’s support for marriage equality.  The opinion clearly stated throughout that the issue before it was civil marriage.  In this section of the opinion, the Court made clear that religious marriage is up to each religious group and would not be affected by this ruling.

Lastly, the Court ruled that Civil Union or any other attempt to address the ruling without having civil marriage would fail constitutional tests.  This ruling, as with all rulings from the Iowa Supreme Court will be effective in twenty-one days, unless the County seeks further review.  The County Attorney has said he will not do that.  Thus, we in Iowa are ready to welcome our own residents and those from around the country to come and get married starting April 24.  (There is a 3 day waiting period from getting the marriage license to getting married, though.)

I was in the County Courthouse the morning that the ruling was issued and the excitement was palpable.  Several people were stopping by the courtroom of the judge who issued the ruling that was upheld by the Supreme Court.  He quickly told us that the cake we saw sitting there was because it was his birthday not to celebrate the ruling.  Modestly, he said merely that he was glad that the Supreme Court had found his reasoning sound.

Friday night, there were celebration rallies throughout the state.  In Des Moines, about 1,000 people came for a rally that lasted just over one hour.  Many had tears in their eyes as we greeted the plaintiffs, their lawyers, and those from organizations supporting them.  Des Moines’ mayor also spoke.  There were similar rallies with hundreds of people all around the state.  One speaker mentioned discussing with a California chapter of her organization how to celebrate Iowa.  She announced that there would be popcorn on the street of the Castro that night. After the rally there was a party celebrating the ruling, which was widely attended.  The joy is still palpable today.

For those wondering about the possibility of an amendment to the state constitution, nothing will happen soon.  A letter was read at the rally from the majority leaders of our state assembly and state senate hailing the ruling and saying that given the short time left in this legislative session and the pressing budget issues facing the state there would be no reason to waste time debating this issue.   A constitutional amendment in Iowa has to pass two separate legislatures before it can get on the ballot.  This is the first year of our current legislature.  Thus, no amendment can pass for at least 2 ½ years.  The momentum may not be strong to amend the constitution either.  Even a conservative columnist for the Register suggested that people look at the tourist dollars the ruling will bring before they get too upset and try to overturn the ruling.

To read the ruling of the Court, go here

and click on ruling.

Posted by Religious Action Center of Reform Judaism on April 6, 2009 4:55 PM |  

There’s nothing opponents of marriage equality can do to stop gay and lesbian couples from getting married in Iowa starting on April 24. Over at Daily Kos, Wee Mama posted information about getting a marriage license in Iowa for those who live elsewhere. If you would like to have a religious ceremony, I recommend contacting The Interfaith Alliance of Iowa for help in finding a sympathetic officiant, most likely to be from a United Church of Christ, United Methodist or Unitarian Universalist congregation. Couples wanting a Jewish wedding should contact Rabbi David Kaufman of Temple B’nai Jeshurun in Des Moines, if at least one partner is Jewish and the couple is open to raising children as Jews. Rabbi Kaufman has officiated at a same-sex commitment ceremony and published this blog post on Friday demolishing the arguments against legalizing gay marriage in Iowa.

The political battle over marriage equality will go on for a long time after wedding bells start ringing.

After the jump I will bring you up to date on prospects for amending Iowa’s constitution and the latest statewide opinion poll on same-sex marriage.

UPDATE: Scroll to the bottom of this post to read a very strong statement Iowa Senate Majority Leader Mike Gronstal released the evening of April 6.  

Oliver Willis concisely summarized the religious right’s reaction to the Iowa Supreme Court’s ruling in Varnum v Brien:

People getting married: clearly the worst thing in the world. If they’re gay.

I laughed, but in truth it’s not that simple. The Washington Post’s Chris Cillizza sees the case as “one of those critical moments in the making of the next Republican presidential nominee.” He quotes likely repeat candidates Mitt Romney and Mike Huckabee reacting negatively to the ruling.

I’m more interested in how the battle over marriage equality will affect the balance of forces within the Republican Party of Iowa as its leaders attempt to climb out of the very deep hole they’re in.

Join me after the jump for more on the conservative Republican response to Friday’s events. I didn’t see any Republican moderates speaking out in support of the unanimous ruling. Please correct me if I am wrong, because I would like to give credit to such brave souls if they are out there. It’s worth noting that Republican Governor Terry Branstad appointed two of the seven current Supreme Court justices, including the author of the Varnum v Brien decision, Mark Cady.

Numerous politicians and interest groups have issued statements since the Iowa Supreme Court unanimously paved the way for legal gay marriage by striking down Iowa’s 1998 Defense of Marriage Act. Iowa Politics has links to many of the statements, as well as Iowa blog posts on today’s ruling, and I’ve also received some statements via e-mail.

Click “there’s more” to read the statements from key Iowa Democrats and watch a video featuring the only openly gay Iowa legislator.

I will write a separate post later on Republican reaction to the Iowa Supreme Court ruling.

The Iowa Supreme Court unanimously affirmed a lower-court ruling that struck down Iowa’s 1998 Defense of Marriage Act. Various legal experts who watched the oral arguments in December expected the plaintiffs in Varnum v Brien to prevail, but it is still very welcome news for marriage equality supporters across the country.

High traffic has been interfering with the Iowa Supreme Court’s server (Bleeding Heartland’s too!), but the Iowa Politics site has created pdf files you can download if you want to read the Supreme Court’s summary and/or the full text of the opinion.

Rallies celebrating the freedom to marry in Iowa will take place in many locations today. Go to the One Iowa website for event details. Many business owners will also be celebrating today, because the wedding and hospitality industries will benefit from a wave of same-sex marriages across the state.

State budget revenues will increase as well. Last year the Williams Institute at UCLA law school considered the economic impact of allowing same-sex couples to marry in Iowa and concluded:

Using the best data available, we estimate that allowing same-sex couples to marry will result in a net gain of approximately $5.3 million each year for the State. This net impact will be the result of savings in expenditures on state means-tested public benefit programs and an increase in state income and sales tax revenue.

The Republican Party of Iowa will surely be leading a charge to overturn the Supreme Court ruling, but Iowa is not California. It’s a lot harder to get a constitutional amendment on the ballot here. An amendment banning gay marriage would need to be approved by two consecutive legislative sessions (the 2009/2010 session and the 2011/2012 session) before going to the public in a general-election referendum. So, the earliest Iowa voters would be able to weigh in on this issue would be in November 2011.

I heard on Iowa Public Radio this morning that legislative leaders say there is no time to consider an amendment on marriage this year. The legislative session is scheduled to end within a couple of weeks, and the “funnel” date by which bills had to clear a legislative committee passed nearly a month ago.

The 56-44 Democratic majority in the Iowa House may or may not be solid on this issue, but I believe that the 32-18 Democratic majority in the Iowa Senate will be enough to block any Proposition 8-style constitutional amendment during the 2010 session. (UPDATE: After reading today’s joint statement from Iowa Senate Majority Leader Mike Gronstal and Iowa House Speaker Pat Murphy, I am convinced that a constitutional amendment on this issue is going nowhere in 2010.)

Even if Republicans made electoral gains on this issue and picked up seats in November 2010, they would have to get a constitutional amendment through the 2011-2012 legislature and the 2013-2014 legislature before the amendment could get on the ballot. That would mean Iowans could vote on same-sex marriage rights in November 2013. By that time I believe support for gay marriage will have grown substantially.

No doubt we will soon see new Iowa polls on the marriage equality issue. I’ll be interested to see whether the coverage of the Varnum v. Brien case has moved public opinion since a Big Ten poll in October 2008 found that 28 percent of Iowans supported gay marriage, with another 30 percent in favor of same-sex civil unions.

In February I posted some links on making the case for marriage equality, which may be helpful if you have friends or relatives who are upset by the Iowa Supreme Court’s ruling. An important point to stress is that this judgment relates to civil marriage. It does not require any clergy to officiate at same-sex marriages, or any church to recognize them.

Also, the Iowa Supreme Court can’t force anyone to approve of gay marriages. As I wrote in December,

Most of us can think of marriages we don’t approve of. Depending on your values, that could be 17-year-olds who dropped out of high school, a couple who are several decades apart in age, a professor marrying a former student, an impulsive remarriage after someone was widowed, an “open marriage” between non-monogamous heterosexuals, or a person who appears to have married a rich person for money. I know people who disapprove of my own marriage, because my husband is not Jewish. But no one would dispute that all of these marriages are valid under state law.

In an ideal world, I would want everyone to accept all loving couples and not be judgmental, but I think we need people to understand that they can still disapprove of gay marriage, even if it is legal. Widespread tolerance of gay relationships would be great, but it is not essential.

Please share your thoughts on the legal and political implications of today’s ruling. My overwhelming feeling is that it’s a great day to be an Iowan!

I’ll put up a post later today with early reaction to the ruling.

I received an e-mail from One Iowa announcing that the Iowa Supreme Court will hand down its ruling in the Varnum v. Brien same-sex marriage case tomorrow (April 3). The court heard oral arguments in the case in December. Frankly, I was hoping the ruling would come out after the legislature had adjourned, but no matter what the court decides or when it announces the ruling, the political battle over gay marriage will continue in Iowa.

Bleeding Heartland user jpmassar went over the legal issues concerning Varnum v Brien here. Daily Kos user Osorio also wrote a good legal primer on this case.

Click here to read my summary of the main points from the oral arguments, along with some analysis of the hearing.

I’ll put up a post as soon as I can tomorrow once the ruling becomes public.

Win or lose, One Iowa is planning to hold rallies in the following cities: Ames, Cedar Falls/Waterloo, Cedar Rapids, Council Bluffs, Decorah, Des Moines, Iowa City, Grinnell/Newton, Mason City, Quad Cities and Sioux City. Go here to sign up to attend one of these rallies.

UPDATE: I posted a press release from I’M for Iowa after the jump. Ed Fallon voted against Iowa’s Defense of Marriage Act when he served in the Iowa House.  

It’s been a week since the Iowa Supreme Court heard oral arguments in Varnum v Brien. You can view the video of the proceedings here (scroll down the page). For three different analyses of the legal issues in this case, see the legal primers that jpmassar and Osorio wrote before the Supreme Court hearing, or this piece Chase Martyn published today.

Grant Schulte of the Des Moines Register summarized the key points raised by each side in this article. Assistant Polk County Attorney Roger Kuhle argued that:

*the district court judge erroneously threw out expert testimony;

*the Polk County recorder being sued had no choice but to follow the Defense of Marriage Act;

*allowing same-sex marriage could lead to polygamy becoming legal;

*allowing same-sex marriage could hurt children being raised by heterosexual parents;

*allowing same-sex marriage could hurt the institution of marriage, because future generations would know marriage is no longer about procreation;

*the Iowa legislature (not courts) should decide this matter.

Dennis Johnson, the attorney for the six couples seeking marriage rights, argued that:

*Iowa’s Defense of Marriage Act violates the equal protection and due process provisions of Iowa’s Constitution;

*arguments about potential damage to the institution of marriage are “highly speculative”;

*the district court judge was right to reject the expert testimony concerning the benefits of having a mother and a father;

*marriage is not about procreation, because Iowa issues marriage licenses to many people who cannot have children or who would be bad parents (e.g. sex offenders);

*Iowa already permits same-sex couples to be foster parents and adopt children;

*gay marriage would not lead to legalizing marriages between more than two people.

Drake University Law Professor Sally Frank wrote a brief play-by-play of the arguments, which she observed from the courtroom. (Side note: Iowans may not be aware that Frank is well-known for filing the lawsuit that ended gender discrimination at Princeton University’s eating clubs.) I agree with Frank’s comments about the weakest point for plaintiffs’ attorney Johnson:

The lawyer for the Plaintiffs’ (six couples seeking marriage) […] had a little trouble distinguishing his argument that marriage was a fundamental right that could not be limited to heterosexuals from the question of polygamists also having a fundamental right to marry. At one point though, he pointed out that no other Iowa laws that deal with marriage in any way would need to be changed if same sex couples were allowed to marry. This would not be the case with polygamy.

When questioned about whether Iowa would be forced to permit polygamy if the court allowed gay marriage, Johnson’s first response was to say that marriage had always been about two individuals–not strong turf when the rest of your case holds that the tradition of marriage being between a man and a woman is not sufficient grounds to deny same-sex couples those rights. He was correct to point out shortly thereafter that certain laws (e.g. related to custody or inheritance) would have to be changed if Iowa allowed polygamy.

Several people I’ve spoken with felt that Kuhle, who is an excellent attorney, was not at the top of his game last Tuesday while being questioned by the judges. They speculated that either he did not prepare enough or did not believe all of the arguments he was making.

The Iowa City Press-Citizen editorial board said watching the arguments made them

even more confused as to what compelling interest the state has in denying otherwise qualifying same-sex partners from applying for and receiving a state marriage license.

The Des Moines Register editorial board also felt many of Kuhle’s arguments were weak:

If the Iowa Supreme Court ultimately upholds Iowa’s law limiting marriage to a man and a woman, it will have to have a better reason than the one offered by defenders of the law at Tuesday’s oral argument.

Legal experts quoted in this article by Jason Hancock said they could not tell how the court will rule on this case from observing the oral arguments.

As a non-lawyer, I found it difficult to follow some of the discussion during the hearing. At Iowa Independent, Lynda Waddington wrote a good piece explaining the significance of all that talk over whether the court should apply a “rational basis” or a “strict scrutiny” standard in this case. She interviewed former Iowa Supreme Court judge Mark McCormick:

“The Court has decided quite a number of equal protection clause cases,” said McCormick. “A good deal of what the court does in [those] cases depends on what the test or standard is.”

When a case involves a routine economic issue, the court typically applies a rational basis test, he said. That means the judges seek to decide if the Legislature could have had any reasonable basis for making the classification that it did. If the judges conclude that the state had a rational reason for the law, the court won’t interfere with it, but will defer to the Legislature.

“Strict scrutiny” is a more demanding standard, he said.

“Where you are dealing with an issue like race or citizenship or something that is considered a fundamental constitutional right, the burden is on the government to prove a compelling need for the classification,” he explained.

Some prominent social conservatives in Iowa expect the court to strike down the Defense of Marriage Act, clearing a path to same-sex marriage in this state.

University of Iowa law professor Angela Onwuachi-Willig told the Iowa City Press-Citizen that she also expects the state law to be overturned. The same article noted that while the legal arguments made in this case resemble those made in other states, the attorneys for the plaintiffs also relied on legal precedents specific to Iowa:

Camilla Taylor, a senior staff attorney with Lambda Legal and lead counsel for the plaintiffs, foresees several possible outcomes of the hearing.

She said there could be an outright win or loss, the case could be remanded back to trial court to hear from more witnesses, or the court could duplicate rulings on similar cases in New Jersey and Vermont.

In those states, the courts granted civil unions but did not rule on the issue of gay marriage. Taylor said she expected the Legislatures in Vermont and New Jersey to draft legislation supporting same-sex marriage, thus taking it out of the court’s hands.

Taylor said she doubted the Iowa Supreme Court would use the last two options.

“Most likely it will be an outright win because of constitutional precedent. The cases we are relying on are very strong,” she said. “I don’t want to sound presumptuous, but I am optimistic because of the Iowa cases we are relying on.”

Meanwhile, Kate and Trish Varnum, whose name has become famous because of this case, just want to get married.

Whatever the state Supreme Court decides, gay marriage is not going away as a political issue anytime soon in Iowa.

Yesterday the Sioux City Council tabled a resolution that would have defined marriage as being between a man and a woman:

Instead, the council will seek an attorney general’s opinion about whether a city council can legally pass such a resolution and whether doing so would open the city up to litigation.

The Iowa branch of the American Civil Liberties Union has already come out against the Sioux City proposal, so the idea of litigation against the city is not far-fetched.

Arguments about gay parenting and whether homosexuality should be “normalized” in public schools will likely be prominent in next year’s school board elections. By a 6-1 vote on Monday, the Ankeny school board

denied a request by parents who said “And Tango Makes Three,” a children’s book about two male penguins that raise a chick together, should be off-limits to elementary school students.

Looking beyond Iowa, I imagine that Newsweek’s mailroom is having a busy week after the magazine published a cover story on gay marriage by religion editor Lisa Miller. The opening passage is sure to anger many:

Let’s try for a minute to take the religious conservatives at their word and define marriage as the Bible does. Shall we look to Abraham, the great patriarch, who slept with his servant when he discovered his beloved wife Sarah was infertile? Or to Jacob, who fathered children with four different women (two sisters and their servants)? Abraham, Jacob, David, Solomon and the kings of Judah and Israel-all these fathers and heroes were polygamists. The New Testament model of marriage is hardly better. Jesus himself was single and preached an indifference to earthly attachments-especially family. The apostle Paul (also single) regarded marriage as an act of last resort for those unable to contain their animal lust. “It is better to marry than to burn with passion,” says the apostle, in one of the most lukewarm endorsements of a treasured institution ever uttered. Would any contemporary heterosexual married couple-who likely woke up on their wedding day harboring some optimistic and newfangled ideas about gender equality and romantic love-turn to the Bible as a how-to script?

Of course not, yet the religious opponents of gay marriage would have it be so.

This is an open thread for any comments about the politics or the legal issues surrounding the marriage equality debate.

As always, post a comment or drop me an e-mail (desmoinesdem AT yahoo.com) if I’ve left anything out.

Monday, December 15:

One Iowa and Lambda Legal are organizing a townhall forum to celebrate and discuss the oral arguments before the Iowa Supreme Court in the landmark Varnum v. Brien case. RSVP not required for townhall forums.

Council Bluffs Townhall Forum

Monday, Dec. 15, 2008 – 6:30-7:30 PM

St. Paul’s Episcopal Church, 22 Dillman

For more information, contact One Iowa at organize@oneiowa.org or 515-288-4019

From the Iowa Environmental Council’s e-mail bulletin:

Missouri River Group Meeting

December 15-18, Omaha

The new Missouri River Recovery Implementation Committee, also known as MRRIC, has scheduled another meeting. The Committee is made up of Federal, State, and Tribal Representatives as well as stakeholders, with an interest in the river, from throughout the basin. The purpose of MRRIC is to offer guidance to the Army Corps of Engineers and the Fish and Wildlife Service on future management of the Missouri River. The Committee will offer advice on the recovery process for the three Endangered Species on the river. Those include; the interior least tern, piping plover and the pallid sturgeon. MRRIC will also look at possible social, cultural and economic impacts of the recovery process on people in the basin. The next meeting of MRRIC will be December 15th to the 18th in Omaha. To learn more and to get involved, go to: www.mrric.org

Tuesday, December 16:

Reservations are due for the Interfaith Alliance of Iowa’s Crossroads luncheon on Friday (see below).

From the Center on Sustainable Communities:

Eco-Friendly Home Product Showcase

DATE: Tuesday, December 16, 2008

TIME: 11:30am – 1:30pm

LOCATION:

Meredith Corporation

1716 Locust St.

Des Moines, IA

Meredith Corporation is inviting all COSC members to a showcase of

the latest and greatest environmentally friendly home products.

Join us at a green trade show on

December 16th from 11:30 a.m. to 1:30 p.m.

at Meredith Corporation, 1716 Locust St.

Be sure to stop by to learn about what’s new in green building.  If you plan to attend,

please RSVP to Jenny McCoy at Jennifer.mccoy@meredith.com.  She can

provide more information about the event location and parking.

Center On Sustainable Communities

219 1/2 Fifth Street, Suite A

Historic Valley Junction

West Des Moines, Iowa 50265

(515) 277-6222

1000 Friends of Iowa is presenting the 2008 Best Development Awards:

   * New Residential: Upper Mississippi Valley Redevelopment Company, 1820 East Thirteenth Street, Village of East Davenport Development in Davenport, Iowa

   * Renovated Residential: The HEART Program’s Washington Street Project in Dubuque, Iowa

   * Renovated Commercial/Civic: M+ Architects, ISU Design West development in Sioux City, Iowa

   * New Commercial/Civic: RDG Planning & Design, Marion Arts and Environmental Center at Lowe Park in Marion, Iowa

   * Mixed Use: LADCO Development, Village of Ponderosa in West Des Moines, Iowa

   * Leadership: City of Iowa City, Iowa City Subdivision Code in Iowa City, Iowa

The awards ceremony will be held on December 16, 2008 at 6:30 p.m., at RDG Planning & Design, 301 Grand Avenue, 2nd floor in downtown Des Moines, IA 50309. Parking is available behind the building.

One Iowa and Lambda Legal have another townhall forum scheduled:

Sioux City Townhall Forum

Tuesday, Dec. 16, 2008 – 6:30-7:30 PM

Public Library, Glesson Room, 529 Pierce St.

RSVP not required, but for more information, contact One Iowa at organize@oneiowa.org or 515-288-4019

Wednesday, December 17:

It’s the last day to submit nominations for Talking Points Memo’s “Golden Duke Awards.” For more information, click here:

http://www.talkingpointsmemo.c…

Friday, December 19:

From the Interfaith Alliance of Iowa:

Migration, Marriage, and Much More!

Making a Difference

Judie Hoffman , TIA Iowa Action Fund Lobbyist

Brad Clark, One Iowa

Brenda Kole, Planned Parenthood of Greater Iowa

Judie Hoffman and Friends will discuss the 2009 Legislative Agenda of The Interfaith Alliance of Iowa Action Fund and other progressive ally organizations.  Learn about the issues and how you can join with other progressive voices of faith & goodwill from across the state and make a difference.

The Crossroads monthly luncheon is Friday, December 19 from 11:45 am – 1 pm at Plymouth Congregational Church, 42nd & Ingersoll Avenue, Des Moines.

Reservations are required to attend Crossroads and must be received by noon on Tuesday, December 16.  Cost is $8 and is payable at the door. If you make a reservation and are unable to attend, payment for the reservation is appreciated.

For more information or to make a reservation, call (515) 279-8715 or email tiaiowa@dwx.com.

Sunday, December 21:

From the Iowa Renewable Energy Association:

Join I-Renew to Celebrate Renewable Energy on Winter Solstice. Festivities include: Live Music! Free Giveaways! Silent Auction with great renewable holiday gifts! Discussion and fun with like-minded folks interested in renewable energy! The event is on Sunday December 21 at 6:00 PM at the Mill Restaurant, 120 E. Burlington St. Iowa City. The funds raised at the event will go toward I-Renew’s work educating Iowans about sustainable energy production and use. If you would like to donate silent auction items, help promote the event, get more information about sponsorship opportunities, or have any questions, please contact the I-Renew office at:(319) 643-3160 or by emailing irenew@irenew.org.

At 10 am central time this morning, the Iowa Supreme Court will hear oral arguments in Varnum v Brien, a case in which six couples are challenging Iowa’s law declaring that “Only a marriage between a male and female is valid.” Polk County has appealed a district judge’s ruling last year that the statute is unconstitutional. Last night jpmassar published a good overview of the legal issues underlying Judge Robert Hanson’s ruling as well as the county’s defense of the statute. (See also Osorio’s legal primer on the case.)

If you like, you can watch a livestream of the oral arguments at the Iowa Supreme Court’s website as well as at several other media sites. You can download pdf files of the district court ruling and the briefs submitted to the Iowa Supreme Court on appeal here.

My focus in this diary is not the legal arguments, but the political case that will need to be made for marriage equality once the Supreme Court has ruled on Varnum v Brien several months from now. Follow me after the jump for more.

Tuesday, December 9th, 2008, the Iowa Supreme Court will hear oral
arguments in the case of Varnum vs. Brien. In August of 2007 Polk
County District Judge Robert Hanson ruled in that case in favor of
gay couples seeking to marry.  He determined that the statute that
prevents them from marrying, Iowa 535.2, which states in part:

“Only a marriage between a male and female is valid.”

violates the Iowa State Constitution.

Hanson then issued stay of execution of his order, but not before one
couple had legally obtained a marriage license and gotten married.

Continue on as I try to explain what might happen if the Supreme Court
upholds Hanson's decision, his logic contained in the ruling, and give
some interesting exerpts from the ruling itself.

The Iowa Supreme Court is scheduled to hear oral arguments at 10 am on December 9 in Varnum v. Brien, a case that will test the constitutionality of Iowa’s “Defense of Marriage Act.”

The Interfaith Alliance of Iowa sent out an e-mail listing the ways people can watch the proceedings live:

Iowa Supreme  Court – www.iowacourts.gov/Supreme_Court/Varnum_v_Brien/index.asp

Des Moines Register –  www.dmregister.com

KCCI TV – www.kcci.com and Digital Channel 8.2

WHO TV – www.whotv.com

Mediacom Channel 247 (Central Iowa)

Mediacom Channel 102 (Eastern Iowa)

One Iowa has also organized “Oral Arguments Watch Parties” from 10 am to 11:30 am at the following locations:

Des Moines Watch Party – Des Moines Public Library, 1000 Grand Avenue

Ames Watch Party – Iowa State Memorial Union, Gallery Room (3rd Floor), 2229 Lincoln Way

Iowa City Watch Party – Iowa City Public Library, 123 South Linn

I’ll have a longer post up later on why marriage equality is important.  

I haven’t posted an event calendar for the last couple of weeks, because there was hardly anything going on. Things are picking up again this week, however.

As always, post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know if an event I’ve left out, which would be of interest to the Bleeding Heartland community.

Monday, December 8:

Learning from the Floods of 2008: Practical Strategies for Resilience

Join the conversation December 8, 8:30 a.m. – 4:30 p.m, at a flood workshop at the Gateway Hotel and Conference Center in Ames. This workshop will explore the potential ways to mitigate future flooding and offer insights from experts in agriculture, water and land use, urban planning and government, and representatives from state and federal agencies. Sessions are planned on Flood 2008 realities; farming systems; urban systems and river systems. Sponsors for the event are the Leopold Center for Sustainable Agriculture at Iowa State University and the Center for Energy and Environmental Education at the University of Northern Iowa. The workshop is free but registrations must be received by Monday, December 1 at the conference web site: http://www.flood.leopold.iasta…  For more information, contact Jeri Neal, wink@iastate.edu, or (515) 294-5610. (Note: It may be worth calling first thing on Monday to see if you can get in, even past the registration deadline.)

IowaPolitics.com is hosting a panel discussion featuring Iowa’s legislative leaders and from 2:30 p.m. to 3:30 p.m. Confirmed panelists include House Majority Leader Kevin McCarthy and Senate Majority Leader Mike Gronstal. It will be located at the Iowa Historical Building, third floor, Classroom A & B. (Doors open at 2 p.m.) In theory, you were supposed to RSVP by December 1 if you wanted to attend, but it may be worth contacting Julie Rutz at 515.226.8774 or email rutz@IowaPolitics.com to see if there is still seating available. Free parking will be available in a ramp located directly North of the Historical Building on Grand Avenue.

If anyone goes to this forum, you might want to ask ask why the legislative leadership isn’t making local control (agricultural zoning) a priority, even though both parties’ platforms endorse the principle. I think I know the answer to that question, but I would be curious to know how the leaders answer.

On Monday evening from 6:30 to 8:00 pm, join One Iowa for the public premiere of “Our Story”, One Iowa’s short film featuring Iowans speaking out in favor of marriage for gays and lesbians. The screening will be at Fleur Cinema and Cafe, 4545 Fleur Drive in Des Moines. Come celebrate with us and don’t miss your chance to mingle with the stars! Light appetizers will be provided with a cash bar. Remarks by Senator Matt McCoy and Des Moines Register Columnist Rekha Basu.

RSVP here: http://eqfed.org/oneiowa/event…

For more information, contact One Iowa at (515) 288-4019 or organize@oneiowa.org

Tuesday, December 9:

The Iowa Supreme Court will hear oral arguments in a marriage equality case (Varnum v. Brien):

Join One Iowa across the state to celebrate and learn more about this historic opportunity for equality. Given the interest in the case and limited capacity, we anticipate that there will not be enough seating for everyone in the Supreme Court chamber.  To accommodate growing interest from our supporters, One Iowa has planned several “watch parties” across the state!

Tuesday, December 9, 2008 – 9:45 – 11:30 AM

Des Moines Watch Party – Des Moines Public Library, 1000 Grand Avenue

Ames Watch Party – ISU Memorial Union, Gallery Room (3rd Floor), 2229 Lincoln Way

Iowa City Watch Party – Iowa City Public Library, 123 South Linn

We are making every effort to ensure a live-feed at each of these locations; but due to technology limitations and previous experiences in other states, we cannot make any guarantees on the quality of the live-feed. Regardless, this will be a great way for our supporters to gather for a truly historic event!

If you can’t watch the Supreme Court arguments live, One Iowa is organizing a “Making the Case” Des Moines Reception on Tuesday from 6:30-8:00 pm at the Pappajohn Center, 1200 Grand Avenue in Des Moines. Join us in the evening for a reception to discuss this historic event with remarks by Camilla Taylor, Lambda Legal’s senior attorney on the case. If the district court ruling is upheld, it will provide gay and lesbian couples the freedom to marry; full marriage equality in Iowa. Wine and hors d’oeuvres provided.

Also on December 9, James Patchett, landscape architect, hydrologist and founder/president of the Conservation Design Forum in Chicago, will explore peoples’ cultural relationships to land and water resources. His presentation will be from 4-5:30 p.m. at the UNI Center for Energy & Environmental Education in the Auditorium (Cedar Falls). It is free and open to the public. Patchett will present case studies that show how to apply sustainable development practices of green roof technologies, porous pavements, bio-retention systems, and integration of native landscapes. For more information, go to http://www.ceee.uni.edu.

From the Sierra Club e-mail list:

Conference to Assist Those Planning to Circumvent Disaster from Future Weather Events Will Be Held December 9-11 in Coralville

Learn from the experience of those impacted by natural disasters, their recovery, the regulatory issues involved, the rebuilding process, and an exploration of strategies to consider prior to reconstruction. Attend the Iowa Disaster Recovery Conference scheduled for December 9 and 10 at the Marriott Coralville Hotel & Conference Center. An optional community design workshop led by design professionals will be held December 11 at the same location.

Three concurrent breakout sessions tracks are offered for Natural Disaster Recovery, Regulatory Compliance, and Sustainability/Green Design. Keynote speakers are Bob Dixon of Greensburg, Kansas, and former Maryland Governor Parris N. Glendening, President, Smart Growth Leadership Institute.

Conference agenda and registration are available at www.iowalifechanging.com/register .

This conference is sponsored by Department of Economic Development, Rebuild Iowa Office, Department of Natural Resources, Iowa Waste Reduction Center.

Wednesday, December 10:

Join One Iowa and Lambda Legal for a “Making the Case” townhall forum in Cedar Rapids to celebrate and discuss the oral arguments before the Iowa Supreme Court in the landmark Varnum v. Brien case. The event will take place from 6:30-7:30 pm at CSPS/Legion Arts, 1103 3rd St SE in Cedar Rapids.

Thursday, December 11:

One Iowa and Lambda Legal are holding a “Making the Case” townhall forum from 6:30-7:30 at  Davenport Unitarian, 3707 Eastern Ave in Davenport.

Friday, December 12:

The Iowa Commission on the Status of Women is organizing a lunch and learn:

Bring your lunch and join the discussion regarding violence against college women. Presenters will be Annette Lynch with the Iowa Regent’s Campus Violence Prevention Project and Karen Mitchell with the SAVE* Forum Actors, University of Northern Iowa . The panel will be moderated by Rachel Scott, ICSW division administrator.

Friday, December 12th

12 noon – 1 p.m.

Lucas State Office Building 6th Floor Cafeteria

321 East 12th Street, Des Moines

Free and open to the public

Iowa Department of Natural Resources (DNR) has scheduled a meeting at 1:00 pm in the Wallace State Office Building (5th floor), 502 East 9th Street in Des Moines, to receive public comments about new Antidegradation rules for rivers, streams and lakes in Iowa. Background from the Iowa Environmental Council:

New Water Rules Proposed

Citizen Comments Important!

The Iowa Department of Natural Resources (DNR) has scheduled nine meetings in December and January to receive public comments about new Antidegradation rules for rivers, streams and lakes in Iowa. It is important that citizens attend the meetings or send written comments in support of these protective rules.

These new water rules, called Antidegradation, refer to regulations that significantly increase protections for all rivers, streams and lakes and keep water quality from worsening.  Under the federal Clean Water Act, each state must adopt antidegradation rules for their rivers, streams and lakes.  The Iowa Department of Natural Resources (DNR) is currently in the process of proposing antidegradation rules for Iowa waters and is asking for public comments that will help determine how protective (or lax) these rules will be.  That is why it’s important that concerned Iowans participate in this process.

In addition to strengthening protections for all rivers and lakes the proposed rules include an initial list of more than 50 waters with exceptional recreational or ecological significance to receive special designation and protection as Outstanding Iowa Waters, including West Lake Okoboji, Spirit lake, Wapsipinicon River, Maquoketa River, and French Creek.

How you can help

1)      Learn about antidegradation policy, frequently asked question, talking points and much more, by reading the documents posted on this section of our website (http://www.iaenvironment.org/Antidegradation1.htm).  Don’t feel like you have to be an expert on antidegradation policy.  If you have questions after reading these documents, call or email Susan Heathcote, water program director for the Iowa Environmental Council.  515-244-1194, ext 205.  Heathcote@iaenvironment.org.

2)      Attend a public comment meeting and speak up in support of the antidegradation rules as proposed by the Iowa DNR.  Meetings will be held in December and January.  For a list of dates and locations, go to http://www.iaenvironment.org/w…

Antidegradation rules have been a required component of all state’s Water Quality Standards since 1972 as part of the federal Clean Water Act and have never been fully implemented in Iowa. These rules are a top priority for the Iowa Environmental Council and we are glad the Iowa DNR has finally begun rule making on these important rules.

These rules will allow Iowa to grow sensibly and sustainably by ensuring that new pollution will be allowed into Iowa’s rivers, lakes and streams only if it will not harm existing uses of those water bodies and is truly necessary to achieve important social and economic goals of the people of Iowa.

An especially critical part of these new rules are two new designations for Iowa’s highest quality waters called Outstanding Iowa Waters (OIW) and Outstanding National Resource Waters (ONRW). These new designations require stringent protections against permitting any new sources of pollution that would lower water quality. Currently the Iowa Great Lakes in Dickinson County (including West Lake Okoboji, Big Spirit Lake, East Okoboji Lake, Lower Gar, Upper Gar and Minnewashta) and Dalton Lake in Jackson County are proposed for OIW designation. Also proposed for OIW designation are 46 stream segments (mostly cold  water streams in Northeast Iowa), including portions of the Wapsipinicon River, Maquoketa River, French Creek, Sny Magill Creek, Trout Run, and Waterloo Creek.

Plains Justice is holding a holiday open house at its Cedar Rapids office from 4 to 6 p.m.:  

We have a lot to celebrate, including our second anniversary in November, the addition of several great new staffers, board and advisory board members this year, and getting back on our feet after the flood.  We’re so grateful for the support of all our friends and colleagues.

Our office is at the corner of 1st Avenue and 1st Street SW, on the west side of the Cedar River next to I-380, on the second floor.  We’d love to see you.