Iowa gay marriage

I wrote the first ruling allowing homosexual marriage in Iowa. Don't take rights for granted.


In the 15 years since the Varnum choice, we've seen an undeniable growth in public acceptance and support for the freedom to wed for same-sex couples. But there are real threats to this progress.

Robert B. Hanson |  Guest columnist

Fifteen years ago, Iowa became the third state in the country to enable same-sex couples to marry. It was a momentous occasion, and one that has yielded significant happiness and fulfillment for so many. As we identify the day, we must also continue vigilant to threats that lie in plain sight — especially with the rise of alarming developments from legislators and courts. The past few years have taught us that hard-earned rights should not be taken for granted.

This issue is deeply personal for me. As a Polk County District Court judge in 2007, I ruled in Varnum v. Brien that a express law limiting marriage between a human and a gal violated Iowa’s constitutional right to matching protection. As a father who learned seven years later that my retain son is male lover, the importance of this cause has only grown over time.

As with any other journey, the road to

Iowa Joins States Legalizing Same-Sex Marriage

LAW's Robert Volk sees Northeast states following suit, and soon

On Monday, April 27, nearly 400 same-sex couples in Iowa applied for a marriage license. Granted waivers of Iowa’s three-day waiting period, dozens wed at hastily planned ceremonies on the steps of public buildings.

The number of states that recognize lgbtq+ marriage doubled from two (Massachusetts and Connecticut) to four in April. In the wake of Proposition 8, which changed California’s constitution and restricted that state’s definition of marriage to opposite-sex couples, Iowa’s Supreme Court voted unanimously to make the state the third in the nation to legalize gay marriage. And just days later, Vermont became the first state to legalize gay marriage through a legislative vote when the legislature overrode Governor Jim Douglas’ veto of a bill allowing gays and lesbians to marry as of September 1.

Gay rights supporters — including Robert Volk, a Educational facility of Law associate professor, expect more states to track suit.

Volk is the advisor for Outlaw, the commandment school’s lesbian, lgbtq+, bisexual, and non-binary (LGBT) student community, and he taught New

Before same-sex marriage was legalized nationwide, couples came to Decorah

Jessica Cummins and C.J. Lucke decided to get married in 2010. But Cummins was living in Alabama and Lucke was in California, and neither state had legalized same sex marriage.

So Lucke had to do a little bit of research.

"So Massachusetts was doing same sex marriage; they were the first one. I thought for sure, like California, Hawaii, that these would be the states. And so I Google online and I get Iowa," she said.

In April 2009, Iowa became the third state legalize same-sex marriage, and the first outside of the northeast to do so. Lucke stumbled on “Welcome in Decorah," a website with communication on how same-sex couples could come to the northeast Iowa town for their weddings. Lucke fast got in touch with the website’s founder.

"I said, 'we're going to arrive and elope. We don't know anyone. Can you help us?'" Lucke said. "And so she got the officiant who's now passed away, but he was a great guy. She and her husband were our witnesses. There was a guy who played guitar that was a friend of theirs."

Di Yin

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Courtesy of C.J. Lucke and Jessica Cummins

Welcome in D

Iowa Senate resolution calls to overturn federal same-sex marriage ruling. What to know:


An Iowa Republican mention senator has introduced a largely symbolic measure calling for the U.S. Supreme Court to finish the constitutional right to lgbtq+ marriage.

Senate Concurrent Resolution 3, introduced by Sen. Sandy Salmon, R-Janesville, asks the U.S. Supreme Court to overturn Obergefell v. Hodges, the landmark federal case that legalized same-sex marriage in 2015.

"Since court rulings are not laws and only legislatures elected by the people may pass laws, Obergefell is an illegitimate overreach," the resolution states.

Resolutions are a formal expression of a legislative chamber's opinion but lack the pressure of a bill.

And with moment running out as lawmakers race to pass a budget and adjourn the session in the coming days, it's unclear whether leadership would bring Salmon's engagement to a floor vote.

It also would likely face hurdles gaining support among the broader Senate Republican caucus.

“It’s time for the legislative session to adjourn so we can all go home," Sen. Carrie Koelker, R-Dyersville, said in a Facebook post. "This bill was filed by a single Senator, it will NOT