Legal Question in Constitutional Law in Iowa

If a constitutional amendment passes in Iowa,that says "Marriage between one man and one woman shall be the only legal union valid or recognized in this state." Will same sex marriages performed now, while it is legal, become void?


Asked on 1/21/11, 4:13 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Good question, and I do not know the answer to that. I suspect that Mr. Vanderplaats and his friends from Dixie would not be satisfied with leaving things be, and what you describe might be part of enabling legislation to follow if the amendment were to succeed. As to the likelihood of such an amendment becoming law I would have to say I think the chances are against it.

Ultimately the entire issue is headed for the Supreme Court in Washington, and there, the decision will have to be made on the basis of equal protection versus religious doctrine and social mores. On the other hand, I have never met a person who was harmed by a marriage between two same sex partners.

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Answered on 1/26/11, 6:10 am


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