米アイオワ州地裁が同性婚を認める判決

アイオワ州地裁が同性婚を認める判決　禁止の州法は違憲と
2007.08.31
Web posted at: 15:54 JST
- CNN

（ＣＮＮ）　アイオワ州の同性愛カップル６組が、同性愛者同士の結婚を認めない同州法は州憲法に反しているとして、同州ポーク郡の地方裁判所に訴えていた裁判で、同地裁は３０日、原告の訴えを認め、同性婚を認める判決を下した。郡検察は上告する構えで、最終判断は州最高裁にゆだねられる見通しだ。

同地裁のハンソン判事は判決文の中で、「同性同士だという理由で、結婚を禁止すべきではない」と述べている。

アイオワ州法では、結婚が男女間のみに限定されてきた。原告のカップルは０５年１２月、この州法が「万人の平等を保証した憲法に違反する」として、訴えを起こした。原告側の弁護士によると、カップルは最長で１７年間も生活を共にしており、３組は子どもを育てているという。

米国で現在、同性結婚が合法化されているのは、マサチューセッツ州のみ。


Iowa court rules same-sex couples can marry

Story Highlights
Six couples file lawsuit in 2005 after they were denied marriage licenses
Suit: Denials violated equal-protection, due-process under state constitution
District judge rules: Same-sex couples "may not be denied licenses to marry"
Court strikes down state law declaring marriage only between man and woman

(CNN) -- An Iowa district court ruled Thursday that same-sex couples can marry based on the state constitution's guarantee of equal treatment, court documents show.

The ruling was in response to a December 2005 lawsuit brought by six same-sex couples seeking to wed. They were denied marriage licenses and claimed such treatment violates equal-protection and due-process clauses in the Iowa constitution.

The court also struck down a state law declaring valid marriages are only between a man and woman.

The Iowa District Court for Polk County advances the case to the Iowa Supreme Court which will make a final decision on same-sex marriage, according to Lambda Legal, a gay and lesbian legal organization representing the couples.

The 63-page ruling, written by Judge Robert Hanson states: "Couples, such as plaintiffs, who are otherwise qualified to marry one another may not be denied licenses to marry or certificates of marriage or in any other way prevented from entering into a civil marriage pursuant to Iowa Code Chapter 595 by reason of the fact that both persons compromising such a couple are of the same sex."

The law describing marriage as between a man and a woman, "constitutes the most intrusive means by the state to regulate marriage. This statute is an absolute prohibition on the ability of gay and lesbian individuals to marry a person of their choosing," Hanson wrote.

Lambda says the six couples are all in long-term relationship - one couple has been together for six years, another couple has been together for 17 years.

"Three of the couples are raising children, others are planning families, and all want the responsibilities of marriage and the protections only marriage can provide," according to the organization.

"We respectfully disagree with the court's decision, and we're going to ask for a stay," said Polk County Attorney John Sarcone.

He said his office will examine whether it's best to file a motion to reconsider. But barring a change in the court's opinion, Sarcone will appeal the ruling.

Co-counsel for the plaintiffs along with Lambda Legal, Dennis Johnson called the ruling "a significant step forward in recognizing the constitutional rights of all Iowans, and it's an amazing day for same-sex couples and their families all across Iowa."