Iowa Legalizes Same Sex Marriage.

I just finished reviewing the Iowa Supreme Court's decision legalizing same sex marriage. I highly encourage everyone to read it in its entirety. It is remarkably well written (very accessible to non lawyers), provides a very useful summary of the way American government is structured(at both the state and federal level), and provides an extremely lucid and systematic defense of its decision, based on the the "equal protection" clause of Iowa's constitution.

Of particular interest to us, based on what we're currently discussing, was the Court's citation to a famous U.S. Supreme Court decision in which the Court noted:

"Times can blind us to certain truths and later generations can
see that laws once thought necessary and proper serve only to
oppress" and that "as our constitution endures, persons in every generation can invoke its principles in their own search for greater freedom and equality." Lawrence v. Texas, 539 U.S. 538,578-579 (2003).

And its citation to a previous Iowa Supreme Court decision noting:

"Our constitution is not merely tied to tradition, but recognizes the changing nature of society." Callendar v. Skiles, 591 N.W.2d 182, 190 (Iowa 1999).

The view expressed in these citations is the view held by those who claim that we have a "living constitution." It is best understood, in my opinion, as the view that the dennotation of the concept "equal protection" can change over time, based on the insights of subsequent generations, while the connotation of "equal protection" remains unchanged, and future generations can invoke it in their search for greater freedom and equality.

I'll get to all of this soon, but this Iowa case, in addition to striking a blow for justice, provides you with a taste of the next installment of my argument.

Joe H.