How the Iowa vote may improve the long-term chances for same-sex marriage

2010-11-04T22:24:05-05:00November 4th, 2010|Tags: , , , |

Three justices of the Iowa Supreme Court were defeated for election to new terms on Tuesday. It is as clear as could be that they lost because they had joined in Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009), the court’s unanimous decision holding that the state constitution gives same-sex couples a right to marry. Especially given that Iowa is a relatively moderate state – it has a Democratic Governor but just elected a Republican one; it has two long-standing Senators, one Republican and one a liberal Democrat; and Obama thumped McCain there in 2008 – one might well expect that high court judges in other states will take note and be more hesitant than they might have been to follow in the same path as Varnum.