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No marriage law exists in Iowa
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Nov. 13, 2010 11:30 pm
Some have said that voting out three Supreme Court justices has no effect on Iowa marriage law. They are correct. There was no marriage law before the Nov. 2 vote, and there is still none. Consider:
1) Iowa's top court ruled that our 1998 marriage law (595.2) is unconstitutional.
2) So the 1998 marriage law is void (Iowa Constitution, Article XII).
3) Only the Legislature has lawmaking authority (Iowa Constitution, Article III).
4) The Legislature has not enacted a new marriage law.
Summary: The old marriage law is void, and no new marriage law has been passed. Conclusion: There is no marriage law in Iowa.
Iowa's top court tried to declare a new, substituted marriage law. But that is void because the court has no constitutional authority to make new law. The people of Iowa need a marriage law that is clear and certain. But now it's a big mess.
It is time for the Legislature and the governor to recognize and admit that we have no marriage law in Iowa and do something about it. There needs to be a discussion and a vote.
John Hesling
Oskaloosa
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