I appreciate you sharing your views with me, and I believe you deserve a heartfelt response from me. As surprising as the Iowa Supreme Court's unanimous decision may have seemed, it made sense to me as I read the decision. The court's decision went through each of the arguments against same sex marriage presented by the Polk County Attorney and pointed out how making that distinction is not consistent with the Equal Protection Clause of the Iowa Constitution.
A decision was made in 1839 by the Iowa Supreme Court based on the same Equal Protection Clause that said no to slavery, 26 years before the Civil War settled that question. In 1868 the court also said no to "Separate but equal" schools, and 85 years before the US Supreme Court decided in Brown v. Board of Education. In another case in 1869, the court ruled that women may not be denied the right to practice law in Iowa. I understand that Iowans are concerned about the possible impact of this decision on our churches and other religious institutions. The Supreme Court faced these concerns head-on when it stated this in its unanimous ruling: "Religious doctrine and views contrary to this principle of law are unaffected, and people can continue to associate with the religion that best reflects their views. A religious denomination can still define marriage as a union between a man and a woman, and a marriage ceremony performed by a minister, priest, rabbi, or other person ordained or designated as a leader of the person's religious faith does not lose its meaning as a sacrament or other religious institution. The sanctity of all religious marriages celebrated in the future will have the same meaning as those celebrated in the past." Two of the most important teachings for me from my Christian upbringing are that we are all equal in the eyes of God and we are to love our neighbors as ourselves. I am still working on those, recognizing my own weaknesses and frailties, and needing frequent reminders that we are all struggling to live our beliefs, and those beliefs may not be shared by others. At this time I am concerned about adding a constitutional amendment that could possibility erode the Equal Protection Clause. It has been the basis for individual rights for Iowans throughout history, and it has protected us from governmental interference into areas of our private lives. However, I am keeping an open mind to see if one could be written that would strengthen the constitution. I have received many calls and emails regarding this issue and will continue to listen and learn from the wide range of views expressed. Thank you for taking the time to write to me. If you would like to read the complete text of the decision you can go to: http://www.judicial.state.ia.us/wfData/files/Varnum/07-1499.pdf Becky State Senate Becky Schmitz Fairfield, IA becky.schm...@legis.state.ia.us www.iowasenatedemocrats.org/schmitz If you live in my district and want to be on my legislative newsletter, just send a request to my email. -----Original Message----- From: raunchy...@yahoo.com Sent: Thursday, April 09, 2009 6:19 AM To: Schmitz, Becky [LEGIS] Subject: Please don't amend the Iowa Constitution! Senator Becky Schmitz Iowa Legislature Second Floor, State Capitol Des Moines, IA 50319 Dear Senator Schmitz, As an Iowan, I'm proud that our state has taken the lead by granting the freedom to marry to caring, committed gay and lesbian couples. I support this historic decision and want to see it upheld. Please don't amend the Constitution to take away the freedom to marry. The Constitution protects rights. It should never deny rights. The Court decision favoring same sex marriage is correct. Same sex couples and their families deserve the protection of the state of Iowa equal to the protection of every family in Iowa. The Iowa legislators have important things to do and should not waste time and taxpayer money pursuing the folly of amending the constitution for the sake of pandering to an ever-dwindling conservative base. Diversity in America is rising. Iowa legislators should swim with the tide or expect to drown on election day. Don't pay attention to out of state activists. They don't vote in Iowa and should mind their own business. [raunchydog] Fairfield, Iowa
