Iowa Gay Marriage Ruling Makes End-Run Around State's Voters

I'm looking at the reactions on the left to the ruling from the Iowa Supreme Court allowing gay couples to marry, "Unanimous ruling: Iowa marriage no longer limited to one man, one woman."

So, it's a great day for civil rights? Not exactly:

“Iowa loses,” said Republican Sen. David Johnson of Ocheyedan. “There have been attempts in the past few years to allow Iowans to weigh in on this issue through our constitutional amendment process and it’s been blocked by majority party leadership. That’s why Iowa loses.”

One might think Iowa's leadership would let voters decide the issue at the polls, providing an up or down vote on such a controversial policy.

In a new poll from the University of Iowa, just over a quarter of respondents backed full gay marriage rights:

The random statewide telephone poll of 978 registered voters found that 36.7 percent of Iowans oppose recognition of gay marriage and civil unions. Overall, 26.2 percent of respondents support gay marriage and 27.9 percent oppose gay marriage but support civil unions. The poll was conducted March 23 through March 31. The margin of error is +/-3.1 percent for the full sample.

These findings are similar to Newsweek's survey from last December that found just 31 percent of those polled nationwide supporting a full-blown right to same-sex marriage. Americans are accepting of civil protections for legal same-sex unions. However, they continue to respect the institution of marriage as exclusive to that of one man and one woman.

But what will happen is that gay rights activists will spin the Iowa court ruling as signaling the inevitability of same-sex marriage accross the country? Ben Smith notes this about the language of the court's holding:

It's really a sweeping, total win for the gay-rights side, rejecting any claim that objections to same-sex marriage can be seen as "rational," rejecting a parallel civil union remedy, and pronouncing same-sex marriages and gay and lesbian couples essentially normal.

So, as Andre Agassi used to say, "Image Is Everything."

Gird your loins, conservatives!

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UPDATE: Robert Stacy McCain, in "Iowa gay ruling: Power to the elites!", offers an informed response to Andrew Sullivan's gay marriage nihilism:

Andrew Sullivan is as free to marry a woman as I am, and I am prohibited (at least by the laws of my state) from marrying a man just as Sullivan is. We are, therefore, fully equal under the law, the only difference being that he desires to be married to a man and I do not. His desire for legal endorsement of his preference is thwarted, although his civil liberty is uninfringed.

Sullivan may own property, execute contracts, serve on juries, vote, drive, own firearms, etc., the same as anyone. Yet he makes a great show of his martyrdom to homophobia, so as to elicit pity, to qualify for the victim status that is so coveted in contemporary culture. And if you call bullshit on his histrionic display, you are a bigoted homophobe (since Sully arrogates to himself the power to decide who is or is not a homophobe).

Also, here's Ed Whelan at The Corner:

The lawless judicial attack on traditional marriage and on representative government continues. Today the Iowa supreme court ruled unanimously (7-0) that a “state statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution.” Amidst the opinion’s 69 pages of blather, there are two key assertions (and they’re nothing more than that):

(1) “[E]qual protection can only be defined by the standards of each generation.” (p. 16)

There's more at the link. John McCormack links to Whelan as well, "Iowa Court Imposes Same-Sex Marriage."

And, via Ben Smith:

Western Iowa Rep. Steve King:

This is an unconstitutional ruling and another example of activist judges molding the Constitution to achieve their personal political ends. Iowa law says that marriage is between one man and one woman. If judges believe the Iowa legislature should grant same sex marriage, they should resign from their positions and run for office, not legislate from the bench.

Now it is the Iowa legislature’s responsibility to pass the Marriage Amendment to the Iowa Constitution, clarifying that marriage is between one man and one woman, to give the power that the Supreme Court has arrogated to itself back to the people of Iowa. Along with a constitutional amendment, the legislature must also enact marriage license residency requirements so that Iowa does not become the gay marriage Mecca due to the Supreme Court’s latest experiment in social engineering.