Lambda Legal

Summary

Lambda Legal has filed a lawsuit on behalf of six same-sex couples who seek to marry in Iowa. The lawsuit argues that under the equal protectionEqual protection  the constitutional right to have the same access and be treated equally by the law (more keywords) and due process guarantees of the Iowa Constitution it is unlawful to bar same-sex couples from marrying. Since the lawsuit is based on state law, the Iowa Supreme CourtState Supreme Court  The highest state court in the state court system (more keywords) will have the final word on the outcome of this case. The couples in this case have been together between five and over 16 years. Three of the couples are raising children, others are planning families, and all want the responsibilities of marriage and the protections only marriage can provide.

Context

Iowa’s constitution protects people’s right to marry the individual of their choice and promises equal treatment of all residents under state law. The words husband, wife or spouse or some form of the words marriage or marry appear in more than 540 sections of the state’s laws.

Lambda Legal's Impact

If successful, numerous gay and lesbian couples in Iowa will be given the rights and benefits of marriage — including the important word itself.

History

• December 2005 Lambda Legal files marriage lawsuit in Iowa district courtDistrict Court  A trial court for federal cases (more keywords) for Polk County; case will ultimately be decided by the Iowa Supreme Court.
• April 2006 Twenty-six state legislatorsLegislator  One who makes laws within a given jurisdiction (more keywords) represented by an antigay legal organization move to interveneIntervenor/intervene  To obtain the court’s permission to enter into a lawsuit that has already started between other parties (more keywords) in the case as defendantsDefendant  Party sued in a civil lawsuit or charged with a crime in a criminal prosecution (more keywords).
• August 2006 Court denies legislators’ application, ruling that none of the legislators had interests in the case sufficient for intervention.
• August 2006 PlaintiffsPlaintiff  Party who initiates a lawsuit (more keywords) move to amend their petitionPetition  Formal written request to a court for an order (command, direction or instruction) of the court (more keywords) in order to add three of their children as parties, among other amendments.
• September 2006 Defendant resisted plaintiffs’ motionMotion  A formal request made to a judge for an order or judgment (more keywords) to add the children as parties.
• November 2006 Defendant moves for summary judgment.
• December 2006 Court grants plaintiffs’ motion to amend, including plaintiffs’ motion to add three of their children as parties.
• January 2007 Plaintiffs file resistance to defendant’s motion for summary judgment and cross-moved for summary judgment as well. Plaintiffs also file affidavits from leading child development and other experts who explain the need for marriage rights for same-sex couples. In support of plaintiffs’ summary judgment motion, Iowa faith leaders, scholars and religious groups file friend-of-the-court briefAmicus brief  Brief submitted by person or organization to advise court on a particular issue in the case (more keywords) as does the Iowa Civil Liberties Union on behalf of a group of Iowa historians and law professors.
• March 2007 Defendant files reply brief.
• April 2007 Plaintiffs file reply brief.
• May 2007 Summary judgment hearing.
• August 2007 Victory! The Iowa District Court rules that it is unconstitutional to deny same-sex couples access to marriage. The opposition filed for an appeal and a "stay" on the decision the next day which were granted.