Iowa

roger kuhle polk county assist att. 

Child-raising: If marriage provides the optimal environment for children denying it harms the children of same sex unions. Essential right to know biological parent. No dispute that it’s better for a child to have two parents. Judge: Is it your argument that they will be harmed if we honor? State has an intertest in  marriage. By fostering dss marr will harm and could defeat its vital purpose. State will be teaching marriage is not necessary. child of current ss marr = stigma. Judge they claim more than that. Tangible benefits can be obtained legally. argu are hypiothetical. Could not provide evidence example of anyone turned away from a hospital or will contested. Perceived harms are not real. Difference treatment not substantial. How does a man terach a girl to be a woman, vice versa. Judge: Maybe dual marriage gender optimal. We allow sex offenderds and felons and deadbeat dads to get marriaed. If sex offender or alcoholic marries they do not destroy fabric of marriage. JHudge: can we allow felons to not get married. Lawyer would violate their rights. Judge Is a view of morality sufficient to allow legislative opinion. Scalia yes oconnor no. “Morality is our culture”. Judge: Challenge may be to balance individual rights vs. moral argument. Lawyer Not merely a question of morality. Marriage cannot bhe proven to have just a procreative value. Procretion is a feature not a function. Judge: Hoew excluding glbt interferes with this purpiose of procreation? Lawyer: Does state’s concern with procret marrige further marrige? “quibble” on gender. In a generation or two of ss marr the state is saying you do not bneed a mother or father. Judge If stab is the goal then by denying ss vouples arent you going against your argument. L: Undoubtlyu thats possible. Law doesnt have to be a perfect fit. 

Judge: Heightened scrutiny: one’s orientation/gender does not affect abiltiy to operdform in society. You admit there has been disc of glbt. lawyer: Equal protection not valid. “Loving is based on race” 

Procreation: If priomary basis, how does recog of ss marriage result in less child born. “IUt doesn’t. but it could. Legitamte fear is when state encour ss marr teaches that marriafe ios no longer abt procreation, says pro not important. Judg; how is this having real purpose. more child born out of wedlock. Nofault divorce is a problem . ss marr defriving child of right of child to know theuir parents. J: Happends in borth couples, issue odf allowing artificial birthing. Judge: Is sealing of adopt records against state law? next week we could be opening iup polygamy.

History: Four thousand years

Equal protection:

“There is no ban there is no exclus to ss marr.” to reach the con that ss marr is bigoty flies in the face of 

 

Dennis Johnson: plaintiffs

firstwords of iowa constitution all men and women are crerated equal. 1857 free and indep changed to free and equal. 

If there were studies that showed there were problems with ss marriage those studies would be in the records. If there were good evidence they would be in the record. 

Its clear diff sex couples will have children. Its est policy in this state that says gl are valid parents.

concern about limiting marr between 2 people. Polygamy would require new array of statutes and laws. 

Attribute of right not who historicasllty exercises it. 

Mariage bundle of legal rights and responsibilities, morte than just procreation, intimate combining opf two lives forever, most revered institution in our socuiety. You dont grow up thinking about the financial rights you think about the intimate rights. 

Dual gender parenting: socioliogical evidence most imp is for child to have 2 partents good relationship with primary, then secondary giver, then financial. There is no evidence to suggest 

By allowing same sex couples to adot court has est that ss parents are sufficient. 

we will allow convicted pedofiles to get married without blinking an eye. optimal environment: 

Is glbt suspect class? politically powerless. 

Marriage is declining, less personal responsibility, cortrossive effect:

“no basis in fact. sheer speculation.” No interest in maintaining ss exclusion. all the reasons of marriage are right. quesrtion is why is glbt excluded. not been able to articulate rerason to say why excluded. Marriage is changing. I dont know how barring ss marr wouold have an effect on what diff sex couples are doing in their lives. No plausible credible reason for exclusion. Religious notions of marriage shouldn not be examined. Trad is no just to continue discrimination. weve been dis for so long that we should be able to continue. Marr is ultimate statement about committ,. civil union is badge of second class. Turn argument on yourself. 

Brown vs boe: Would hurt their hearts andf minds in weay they mifght never recover. 

 

——

 

Plaint taken prob of disc of homo sex. 

B/c homo not criminal they are no lionger minority. 

Goiung to knock down the inst og marr to gain equality.