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"We won unanimously" is how Windy City Times correspondent Lori Blachford described news from the Iowa Supreme Court Friday morning when that court ruled that same-sex marriage in Iowa is legal. ( Pictured: Ingrid Olson, 30, and Reva Evans, 34, of Council Bluffs Iowa, who have been together 11 years, and 2 1/2 year old son Jamison. Photos by Lori Blachford )

"We're going to be able to get married," Blachford said.

In December 2005, Lambda Legal filed a lawsuit with the Polk County Court on behalf of six same-sex couples and their children who were denied marriage licenses in Iowa, arguing that denying marriage to same-sex couples violates the liberty and equality guarantees in the Iowa Constitution. In August of 2007 the district court ruled that denying marriage to same-sex couples is unconstitutional. Oral argument at the Iowa Supreme Court was held on December 9, 2009.

Now, the Supreme Court has allowed that Iowa court ruling to stand.

The Iowa case is: Varnum v. Brien.

Turn to Windy City Times for more news throughout the day.

Iowa Supreme Court Unanimously Rules in Favor of Marriage for Same-Sex Couples in Lambda Legal's Historic Lawsuit

FROM A LAMBDA LEGAL NEWS RELEASE, April 3, 2009

—Today's victory is a testament to the strength of love, hope and courage … '

( Des Moines, April 3, 2009 ) — Today the Iowa Supreme Court upheld a 2007 district court ruling that said it was unconstitutional to bar same-sex couples from marrying. Iowa becomes the third state along with Massachusetts and Connecticut in offering marriage licenses to same-sex couples.

Writing for the unanimous court, Justice Cady said:

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

—Today's victory is a testament to the strength of love, hope and courage—our clients have shown an abundance of all three for many years and now at long last they will be able to marry,— said Camilla Taylor, Senior Staff Attorney at Lambda Legal and lead architect of the Varnum v. Brien lawsuit. —This will go down as another proud day in Iowa's long history of protecting individual rights.—

—It's a wonderful new day for fairness. The Court's decision is thorough, well-reasoned and based on the Iowa Constitution,— said Dennis Johnson, formerly a partner at Dorsey and Whitney in Des Moines who argued the case on behalf of Lambda Legal's clients before the Iowa Supreme Court in December 2008.

Iowa now joins Massachusetts and Connecticut in offering marriage licenses to same-sex couples after decisions by state high courts that similar marriage bans are unconstitutional. The California Supreme Court also ruled in 2008 that denying marriage licenses to same-sex couples violates that state's constitution. In November 2008 California voters approved Proposition 8, a constitutional amendment which took away the fundamental right to marry only for same-sex couples in that state. Lambda Legal joined the ACLU and the National Center for Lesbian Rights in filing a case to challenge that change as invalid. The case argues that taking away a fundamental right from a targeted minority group changes the meaning of equal protection in the California Constitution and that doing so through a ballot measure like Prop 8 does not follow the rules prescribed by the California Constitution for such a significant revision. A decision is currently pending in that case.

—Today's victory was made possible through the support of the LGBT community and our allies who have worked tirelessly for equality over the years,— commented Brad Clark, One Iowa Campaign Director. —This ruling is a huge step forward and a cause for celebration, but recent history demonstrates the need for continued engagement if we are to achieve lasting equality.—

Getting a Marriage License:

Iowa requires a three day waiting period between applying for a license and receiving it unless the couple pays a $5 fee and a judge signs a waiver. According to today's decision county recorders can start issuing marriage licenses to same-sex couples in 21 days unless there is a petition for rehearing.

History of Lambda Legal's Lawsuit:

In December 2005, Lambda Legal filed a lawsuit with the Polk County Court on behalf of six same-sex couples who were denied marriage licenses in Iowa, arguing that denying marriage to same-sex couples violates the liberty and equality guarantees in the Iowa Constitution. In August of 2007 the district court ruled that denying marriage to same-sex couples is unconstitutional. Today's decision by the Iowa Supreme Court upheld that ruling.

Statements from each plaintiff couple follow at the end of this release.

The Iowa case is: Varnum v. Brien

Camilla Taylor, Senior Staff Attorney and Kenneth Upton, Jr., Supervising Senior Staff Attorney are handling the case for Lambda Legal. They are joined by former Iowa Solicitor General Dennis Johnson of Dorsey and Whitney in Des Moines.

Plaintiff Couple Statements:

Kate and Trish Varnum of Cedar Rapids: —We are just thrilled that we can finally marry here in Kate's hometown with our friends and family.—

Jason Morgan and Chuck Swaggerty of Sioux City: —This is an amazing day—we're smiling ear to ear. Marriage and commitment are important values in our family and when we marry we'll be able to show our children just what that means.—

Jen and Dawn BarbouRoske of Iowa City: —We've been waiting 18 years for this day! We have built a life and family together—marriage is the only word that describes our commitment to each other and our family.

Larry Hoch and David Twombley of Urbandale: —We are delighted with the Court's ruling. This is truly a day for marriage equality for Iowa citizens, and we're proud to be a part of it. We're thankful to have the security of being married as we grow older together."

Reva Evans and Ingrid Olson of Council Bluffs: —We are proud to be Iowans and to know that one day our son will understand how hard we worked to make sure we would be treated fairly as a family.—

Bill Musser and Otter Dreaming of Decorah: —We are so excited! It has been an amazing journey—we couldn't be more proud of our state.—

IOWA BECOMES FIRST MIDWESTERN STATE TO RECOGNIZE MARRIAGE EQUALITY FOR GAY AND LESBIAN COUPLES

FROM A HUMAN RIGHTS CAMPAIGN NEWS RELEASE April 3, 2009

Human Rights Campaign Hails Unanimous Iowa Supreme Court Decision as Part of

Growing Trend Towards Marriage Equality Across the Country

WASHINGTON — The Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender ( LGBT ) civil rights organization, applauded the Iowa state Supreme Court's unanimous 7-0 decision today ruling that the equal protection provision of Iowa Constitution guarantees gay and lesbian couples the same right to marry as heterosexual couples. As a result of the court's decision in Varnum v. Brien, Iowa becomes the first state in the Midwest and the third in the nation to now recognize marriages for gay and lesbian couples.

—This is a truly historic day for Iowa and a proud day for every American who believes in the promise of equal rights and fairness for all,— said Human Rights Campaign President Joe Solmonese. —The Iowa Supreme Court did its job by recognizing that gay and lesbian couples who form committed relationships and loving families deserve the same level of respect afforded to heterosexual couples. The unanimous court made forcefully clear that the state constitution guarantees the same rights and protections for all Iowans. This decision strengthens Iowa families and makes a strong statement for equality all across the nation.—

—We congratulate and commend Lambda Legal, the numerous organizations and individuals who briefed the Supreme Court, and, of course, the the courageous plaintiff couples and their families who looked to the courts to vindicate their rights,— said Solmonese. —We also thank One Iowa for their hard work across the state to ensure that gay and lesbian couples and their families receive the recognition that they rightfully deserve.—

The ruling is similar to past Supreme Court decisions in Massachusetts, Connecticut and California that also found state constitutional violations where gay and lesbian couples were denied the right to marry. ( The California decision was affected by Proposition 8, a change to the state constitution approved by voters last November. A legal challenge to Proposition 8 is pending. )

Speaking for the unanimous court, Justice Mark S. Cady wrote that — [ w ] e are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective.— The court rejected the possibility that civil unions—or any institution other than civil marriage—could satisfy the guarantees of the state constitution.

The Varnum case began in December 2005, when Lambda Legal filed suit in Iowa District Court on behalf of six gay and lesbian couples ( later amended to include three of their children ) . In August 2007, the Iowa District Court ruled that it was unconstitutional to deny gay and lesbian couples the right to marry. The District Court granted a stay of the decision pending appeal to the Iowa Supreme Court.

A growing number of states across the country are providing relationship recognition to gay and lesbian couples. Two states, Massachusetts and Connecticut, already permit gay and lesbian couples to marry under state law. New York recognizes marriages by gay and lesbian couples legally entered into outside of the state. In recent weeks state legislatures in New Hampshire and Vermont have passed bills that would recognize marriages by gay and lesbian couples, which could make them the first states to enact marriage equality legislatively. ( The Vermont House of Representatives voted yesterday in support of marriage equality after the state Senate approved the bill last month. )

In addition to the three states that now provide for marriage equality under state law, eight states plus Washington, D.C. have laws providing at least some form of state-level relationship recognition, short of marriage, for gay and lesbian couples. Five of these states—California, New Hampshire, New Jersey, Oregon, and Vermont—plus Washington, D.C. provide gay and lesbian couples with access to the state level benefits and responsibilities of marriage, through either civil unions or domestic partnerships.

Key results from the ruling:

— Gay and lesbian couples in Iowa will soon be able to obtain civil marriage licenses and receive the same respect and protections afforded to all married couples under state law. The decision becomes effective in as soon as 21 days unless the state files a petition for rehearing.

— Churches and other religious institutions will not have to recognize or perform ceremonies for these civil marriages, as the court's opinion expressly states: —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. The only difference is civil marriage will now take on a new meaning that reflects a more complete understanding of equal protection of the law.—

— The court's decision does not entitle gay and lesbian couples in Iowa to receive the federal rights and benefits extended to married couples. The so-called federal Defense of Marriage Act ( DOMA ) discriminates against gay and lesbian married couples by denying them over 1,000 federal rights, benefits, and responsibilities including social security benefits, the ability to file a joint federal tax return, and the right to petition for a spouse to immigrate. A lawsuit filed in federal court in Massachusetts last month challenges a portion of DOMA.

— Other states may legally recognize the civil marriages of gay and lesbian couples performed in Iowa in the same way they recognize out-of-state marriages by heterosexual couples.

The Human Rights Campaign and Human Rights Campaign Foundation signed onto an amicus, or —friend of the court,— brief in the Varnum case to support and further explain the argument for extending civil marriage rights to gay and lesbian couples under the state constitution. A number of civil rights organizations, elected officials, religious groups, historians, law professors, child advocates and others also either signed or filed briefs of their own in favor of extending civil marriage laws to gay and lesbian couples.

National Gay and Lesbian Task Force hails historic Iowa Supreme Court ruling granting the freedom to marry to same-sex couples

FROM A NATIONAL GAY AND LESBIAN TASK FORCE NEWS RELEASE, April 3, 2009

National Gay and Lesbian Task Force hails historic Iowa Supreme Court ruling granting the freedom to marry to same-sex couples

WASHINGTON, April 3 — The National Gay and Lesbian Task Force hails today's Iowa Supreme Court unanimous ruling in Varnum v. Brien saying that same-sex couples are legally entitled to marry. The National Gay and Lesbian Task Force was a signatory to a larger amicus brief supporting the marriage equality position. Additionally, Task Force organizers were recently sent to Iowa where they worked with One Iowa's field staff to grow the group's volunteer base that was active with One Iowa's legislative advocacy in support of the freedom to marry.

Statement by Rea Carey, Executive Director

National Gay and Lesbian Task Force

—This ruling marks another watershed moment in the struggle for full equality. No longer will same-sex couples have their relationships treated as less than equal by the state. The court rightly affirmed that no loving committed couple should be denied marriage and the critical protections only marriage can provide. This ruling also affirms our common humanity by providing same-sex couples with the opportunity to participate in the shared hopes and dreams of making a public commitment to the person they love. We are thrilled that equality has come to Iowa!

—We extend our heartfelt thanks to the plaintiffs and groups that made today's victory possible, especially to Lambda Legal for serving as lead legal counsel, and One Iowa for its statewide public education and advocacy to promote the freedom to marry. We know that many fair-minded Iowans — and fair-minded people across the country — will be celebrating with us in response to today's decision.—

Iowa Supreme Court Grants Same-Sex Couples Right To Marry, Great Day For Fairness And Equality, Says ACLU

FROM AN ACLU NEWS RELEASE

DES MOINES, IA — A unanimous Iowa Supreme Court today ruled that the state could no longer bar same-sex couples from being able to marry. The American Civil Liberties Union, which supported the case through friend-of-the-court briefs, applauds this historic victory for fairness for lesbian and gay couples.

—The Iowa Supreme Court has given an incredibly well reasoned explanation for why our constitutional principals of fairness and equality simply will not permit us to continue to deny lesbian and gay couples the right to marry,— said Matt Coles, Director of the ACLU Lesbian Gay Bisexual Transgender Project. —This unanimous decision coupled with the recent movement by statehouses across the nation to advance pro-marriage bills shows that the tide has finally turned in support of the freedom to marry.—

In reaching its decision, the court said, —Our responsibility … is to protect constitutional rights of individuals from legislative enactments that have denied those rights, even when the rights have not yet been broadly accepted, were at one time unimagined, or challenge a deeply ingrained practice or law viewed to be impervious to the passage of time.—

The case, Varnum, v. Brien, was brought by Lambda Legal on behalf of six same-sex couples and their children. Today's decision affirms a lower district court decision ruling that it is unconstitutional for the state to deny same-sex couples from marrying in the state. The ACLU field friend-of-the-court briefs both before the district court and the Iowa Supreme Court.

—Like the Iowa justices who courageously made Iowa a legal haven for desegregation and equality nearly a century before the federal government did so and who issued pioneering decisions advancing the rights of women, the court today showed the world that Iowa is again among the leaders in America's quest for justice and fairness,— said Ben Stone, Executive Director of the ACLU of Iowa.

The Iowa decision follows similar high court decisions in Massachusetts, California and Connecticut finding that is unconstitutional to bar lesbian and gay couples the right to marry. In addition to the courts, a number of statehouses across the country during this legislative session have advanced bills granting same-sex couples the ability to marry. Both houses of the Vermont legislature have approved a bill giving same-sex couples there the ability to marry. In New Hampshire, the House has approved a marriage bill, which is now pending in the state Senate. Marriage bills are also expected to be introduced soon in New Jersey and New York, were a bill passed the Assembly in 2008. In addition, there is a comprehensive civil union bill pending in the Illinois legislature and a domestic partner bill pending in Wisconsin. The Washington legislature is considering expanding its domestic partner bill to include nearly all of the legal protections that it provides to married couples.

Reaction from the Family Equality Council

Boston, MA " Today the Iowa Supreme Court issued a landmark, unanimous ruling in Varnum v. Brien, a case involving six same-sex couples who sought and were denied marriage licenses in Iowa. In 2007, Polk County Judge Robert Hanson ruled that the license denials were unconstitutional and struck down Iowa's 1998 so-called "Defense of Marriage Act," which prohibited the state from marrying same-sex couples. One couple was legally wed before Judge Hanson stayed his ruling, pending appeal to the Iowa Supreme Court. Today's Supreme Court decision upholds Judge Hanson's ruling and will go into effect in twenty one days.

Demographics compiled by the Williams Institute show approximately 5,800 same-sex couples living in Iowa. Twenty-percent of these couples are raising children in their homes. Marriage discrimination contributes to same-sex couples' comparatively lower household incomes, despite their higher than average rates of employment in Iowa. Today's ruling goes a long way to support lesbian, gay, bisexual and transgender ( LGBT ) Iowans in a time when all families are struggling greatly.

Statement of Jennifer Chrisler, Executive Director, Family Equality Council:

"The Iowa Supreme Court's unanimous, pro-equality ruling in Varnum v. Brien reminds us what's at stake in the struggle for equal marriage"families' abilities to care for and protect themselves. Thousands of LGBT families in Iowa are raising children. These children deserve the same recognition and respect that children of other married parents get. I'm very proud that Family Equality Council has actively supported LGBT families in Iowa leading up to the Court's decision. Working with state partners, we will continue to prepare our Iowa families for any backlash that may come. We are building a coalition of national, state, and local family groups to support Iowa efforts; providing extensive spokesperson training to put the power of our families to work; and training our colleagues on family-centered approaches to grassroots organizing, ensuring that the families most affected by this ruling are involved in the process of ensuring its permanence."

Statement of Sandi Patton-Imani, LGBT parent and professor, Des Moines, Iowa:

"Our family is celebrating with great joy at finally being granted full civil rights by the state we live in! My partner, Melanie, and I entered into a civil union in Vermont in 2000. We have two children together, but because Iowa has not recognized our union, we have not been able to fully protect our family. We look forward to having both of our names listed on our children's birth certificates, as they should be, as their parents. Now we move forward, working to ensure equality for families in all fifty states."