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Iowa Supreme Court overturns gay marriage ban

Students, faculty and community celebrate the ruling at UNI

Published: Tuesday, April 7, 2009

Updated: Tuesday, April 7, 2009 11:04

UNI Proud

TIFFANY BULLEN/Northern Iowan

Sophomore Francisco Mota holds a sign at the University of Northern Iowa Proud rally on Friday.

UNI Proud

TIFFANY BULLEN/Northern Iowan

Junior Sara Richardson addresses the crowd at the University of Northern Iowa Proud rally on Friday.

Last week, UNI Proud's Pride Week at the University of Northern Iowa got a finale the group's members did not expect.

On Friday, it was announced that the Iowa Supreme Court had unanimously overturned the gay marriage ban in the state, ruling that depriving gay citizens of the right to civil marriage is unconstitutional.

"To know that everyone I know is on equal footing to have this civil right, it is awesome. It is a wonderful day to be an Iowan," said Robert Overton, a senior social sciences education major and director of media relations for UNI Proud. "What the Iowa Supreme court has said is that if you're an Iowan, you should know you're equal."

The on-campus group UNI Proud celebrated the court's ruling on Friday with two afternoon rallies at the Mauker Union fountain. The first was already planned as the conclusion of Pride Week; the other was part of the state-wide celebration that took place in multiple cities.

Tiffany Batchelor, a senior marketing major and the director of public relations for UNI Proud, discussed the rallies and some specifics about the court's ruling.

"It has been an exciting day, wow," she said. "I'm excited and happy. There is a lot of momentum today. UNI will be a part of a state-wide rally. The court has three weeks, 21 days, to repeal or attempt to but they have stated that they won't.

"It is important to realize this is a civic marriage, not church-sanctioned," she continued. "This is a legal paper, a civil contract and churches are not required to recognize it."

The Iowa Supreme Court unanimously ruled that all Iowans have the right to marry. Changing that ruling requires an amendment to the Iowa Constitution, and to begin that process, two different two-year legislatures have to approve the measure and that measure then must go to the people for a vote.

The soonest the same-sex marriage issue could come to a statewide vote would be 2012, if the current legislature were to take up the issue. Democrats, who are now in control of both houses at the capital, have stated that they are not going to pursue this matter during the current legislative session.

Batchelor spoke to a large group of supporters during the first rally and reminded them that this victory does not mean that the fight for marriage equality in Iowa was over.

"This is an extraordinary day, but this does not mean the fight is over," she said. "We need to let our legislators know we support this ruling."

Rebecca Burkhardt, a professor in the School of Music who married her wife in California before that state banned gay marriage, addressed the crowd about what the day meant to her.

"I asked myself what will change with this ruling. A lot will change. It means we won't have to carry our medical powers of attorney in our briefcases and our glove compartment just in case," Burkhardt said. "It means I am no longer discriminated against by the state of Iowa, in which I have lived for 20 years, because of who I am. We have to take it seriously. But now, same-sex couples don't have to say ‘Just Married' they can say ‘Justly Married.'"

Burkhardt also spoke about how the court's decision would be viewed by the campus and general population.

"I think we'll see more support on campus," she said. "We've already seen a lot of support on campus today. Some other people will speak out today. There's going to be a lot of negativity, but the negativity is not news to us. The arguments against are not news to us, but today is proof that it doesn't stand up."

Although negative reactions to the ruling occured in the press, these views were not demonstrated on campus during either of the rallies that took place on Friday.

Iowa is the third state in the U.S. to legalize gay marriage, after Massachusetts and Connecticut. California allowed same-sex marriages for about six months until Proposition 8 passed in November 2008 banning same-sex marriage in that state.

After Burkhardt spoke, Batchelor opened up the floor to anyone to speak about how the court's decision had affected their lives.

Sara Richardson, junior psychology major and member of UNI Proud, said to the crowd, "This doesn't even directly affect me. I'm straight, but I'm happy and grateful. There are a lot of people who put a lot of blood, sweat and tears into this. I'm proud to be an Iowan today."

Richardson also spoke about her involvement with UNI Proud and the on-campus impact of the court's decision.

"We need to get the word out to straight allies to come support UNI Proud," she said. "Proud is one of the most accepting groups I have been a part of, ever. I am so happy to see such a turnout at the rally today, such support, people coming together. This is an awesome day for gays and lesbians on campus and everywhere"

Batchelor read from the court's decision to the rallied crowd of students, faculty and community members.

"We are firmly convinced that the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective," she read. "This legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification."

After reading, she addressed the rally. "This is a perfect way to end UNI Proud's Pride Week," Batchelor said.

UNI Proud meets Tuesday nights at 7 p.m. in the Presidential Room of Maucker Union.

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