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Nation deserves better from SCOTUS
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Oct. 8, 2014 1:10 am
While content with the ultimate outcome of the U.S. Supreme Court's refusal to hear a marriage case from any one of five pending states, we believe the High Court was wrong to punt.
Iowa was the third state to strike down a ban on same-sex marriage. The total number of states with some form of marriage equality now stands at 24, and is likely to grow to 30. Colorado, North Carolina, South Carolina, Kansas, West Virginia and Wyoming may soon be required to lift their bans because they are covered by the circuit appeals court that initially struck down other prohibitions.
Although the total number of states recognizing full or partial marriage is nearing what's needed for Constitutional amendment ratification, the uneven patchwork of state laws should have been enough to convince Supreme Court Justices to wade into the politically charged waters - especially since they've shown no qualms on other hot-button issues.
Some states currently allow same-sex marriage, and others prohibit it. A narrow few offer other concessions, such as civil unions or domestic partnerships, but fall short of full marriage rights.
We believe all married Iowa couples should be equally recognized under federal law. A power of attorney and/or other legal documents should not be required when some married Iowans travel out-of-state.
The dignity of legal marriage should not stop at the state line.
Some may argue the issue of marriage remains too politically divisive and charged, and that the Court should step away until the topic has simmered. Hogwash. The legitimacy of the High Court is not threatened by a single decision, regardless of its level of controversy. Truly at risk, however, are the lower courts, which have little choice but to continue to render legitimate yet unpopular decisions. Just ask former Iowa Supreme Court Justices how doing the constitutionally correct thing shaped their future prospects.
The process of being affirmed to the U.S. Supreme Court is onerous and for life because the nation rightfully expects Justices to be bold and courageous. In this instance, they were neither.
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Supporters of gay marriage hold rainbow-colored flags as they rally in front of the Supreme Court in Washington March 27, 2013. REUTERS/Joshua Roberts
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