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A vote to retain protects your rights
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Oct. 24, 2010 12:41 am
Before you vote to retain or reject three Iowa Supreme Court justices, know the facts about the Varnum v. Brien decision that overturned Iowa's Defense of Marriage Act.
The court's ruling is based on Iowa's Constitution and federal case law.
The Iowa Constitution affirms the principle of equal protection under the law: “All men and women are, by nature, free and equal, and have certain inalienable rights - among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.”
The Court noted how all three branches functioned: the Legislature passed the Iowa marriage law; the executive, in the form of county recorders, enforced that law by refusing marriage licenses to gays and lesbians; the courts, culminating in the Supreme Court, were petitioned by the plaintiffs to protect their rights under the law.
The plaintiffs did what any citizen would when faced with discrimination: “As other Iowans have done in the past when faced with the enforcement of a law that prohibits them from engaging in an activity or achieving a status enjoyed by other Iowans, the twelve plaintiffs turned to the courts to challenge the statute.”
We are all entitled to equal protection under the law. The Iowa law denied gays and lesbians equal rights. The court fulfilled its role by overturning that law. Vote to retain: it could be your rights next.
Jeff Klinzman
Coralville
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