An early spring in Iowa.

April 4, 2009 by Pastor Dan.

The tensions continue to rise in balkanized America over same-gender rights and rites. With the amazing news (read it in the Des Moines Register) that the Supreme Court of Iowa has ruled in favor of same-sex civil marriage, the opponents are even more determined to take away those rights.

Like California’s Supreme decision in May 2008, this one caught me by surprise. The last news story I remember seeing on the Iowa case was a November 27, 2008 L.A. Times article announcing that their 1998 state “Defense of Marriage” law was about to get its day in court. There is a back story we’ve almost forgotten: a Polk County court ruled in 2007 that marriage should be available to same-sex couples, and only one male couple was able to pull a license and tie the knot on August 31, before that judge posted a “stay” on his own ruling to allow the Supreme Court to have a look at the issues.

Original caption: Sean Fritz, left, and Tim McQuillan embrace Friday at the end of their wedding ceremony as the Rev. Mark Stringer looks on in Des Moines, Iowa.  Photo: Charlie Neibergall / AP]

Isn’t it fascinating that in state after state, beginning with Hawaii in 1993, justice-minded Justices have ruled that there is no reason to deny the right to marriage to couples of the same sex because it is not in the constitution? And beginning with Hawaii, the voters have been swayed hard by right-wing moral Nazis to put discrimination into the constitution. California is the latest state to fall to this kind of politico-moral pressure with the passage of Proposition 8 last November. The point is, conservative constitutions (and all constitutions should be conservative) did not embody prejudice until it was purposely put there by interests who continue to hold LGBT people in contempt and want to make sure that the law hates us too.

I have not yet read the whole Court decision, which is 69 pages. But the Summary statement from the Court’s communications officer reveals who carefully-reasoned their decision was. They have granted the rights of vil marriage, at the same time making it clear that the religious questions are not settled by their unanimous opinion and in fact, the role of the Court is to make sure that government does not tilt in favor of any religious opinion.

The best part of this development in America’s heartland is that it will not be easy for Iowa homophobes to reverse the court, no matter how much they wince and cry about “activist judges.” Unlike California’s presently wacko system (our amendment process needs to be amended), to amend Iowa’ constitution takes a proposal in their General Assembly to pass twice in successive legislative sessions, and then be presented to the voters for a majority vote.

The current Iowa legislature shows no inclination to put up such an amendment at all, let alone give one a pass vote. Observes first said it would take until 2012 at the earliest before Iowa voters could see such an amendment on their ballot. Now a loophole has been found, that in 2010 Iowa voters could have a chance (by simple majority) to call for a constitutional convention to rework the whole thing, and if anti-gay marriage was written in by drafters, it could be on the ballot in 2011.

But in the meantime, thousands of couples in Iowa could marry, and tens of thousands could go there to marry (there is no residency requirement in Iowa either). It could be that gay and lesbian marriage will be as ho-hum and banal by then as a field of Iowa corn.

Or not, if the homophobic politico-fundagelicals continue to bang their drum with enough hatred, ferocity and money. Public opinion is being molded all the time, but it shifts faster on Twitter and blogs than it does in legislatures. Most of us are aware that the march for fully inclusive rights is moving in our favor, so it is only a matter of time. So for social conservatives, time is of the essence to stop our rights before we have a chance not only to win them but to normalize them.

—Pastor Dan Hooper, Los Angeles

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