Now that the Iowa Supreme Court has heard oral arguments about the constitutionality of same-sex marriage in Iowa, both sides are already preparing for the next phase of their struggle.
“This has already been a long journey, but we still have a long way to go,” Brad Clark, campaign director for One Iowa, a marriage equality advocacy group, said during a forum in Cedar Rapids following the oral arguments.
Advocates of same-sex marriage have learned from recent events in California and other states that a court ruling isn’t enough.
“It is critical — as we saw in California — that equality moves forth in the court of public opinion,” said Catina Lowery, community educator for Lambda Legal. “We don’t want to be in a place where equality is given and then, because we have not done the hard work of educating Iowans, have it removed.”
Meanwhile, supporters of the gay marriage ban, aware the court might overturn the Defense of Marriage Act, are looking to redouble their efforts to win approval for a constitutional amendment to prevent same-sex couples from marrying. Because of the state’s reading and hearing requirements, passage of such an amendment is a lengthy process likely to take a minimum of three years.
“The justices even said that one of the outcomes could be a redefinition of marriage,” said Bryan English, spokesman for the Iowa Family Policy Center, a group headed by former legislator Chuck Hurley. “That’s different from deciding if something is constitutional or unconstitutional. A redefinition of something as foundational as marriage is a significant change in the law and ought to be handled by the Legislature.”
Norm Pawlewski, spokesman and lobbyist for the Iowa Christian Alliance, said if the gay marriage ban is overturned, it will be time for the Democratic majority in the Legislature to “put up or shut up.”
Pawlewski said he spoke with Democrats roughly two years ago about the court case while lobbying on behalf of ICA.
“They told us at that time, and I’m talking about the Democratic majority, including Sen. [Mike] Gronstal, who said to me — and this is a quote — ‘I believe the court is going to uphold our Defense of Marriage Act and I’ve talked to a number of justices including former Supreme Court justices, and they’ve assured me that it was a legal and constitutional act. But if they overturn it, we will look again at the constitutional amendment,’” Pawlewski explained.
Senate Majority Leader Gronstal, D-Council Bluffs, would not speculate on what he might have or might not have said so long ago, but did state that he would never even consider approaching a sitting Supreme Court justice in such a manner.
In the emerging struggle over a constitutional amendment, both sides are looking to win over the political center.
“There is obviously a section of the population that has already made up its mind either for or against marriage equality,” Lowery said. “But there are people who haven’t. Those are the people we want supporters to reach out to and speak with. It’s difficult to discriminate when you become personally involved — when you are confronted with another human face that is attached to the issue.”
If the Supreme Court rules that the existing laws are unconstitutional, Iowa would join Connecticut as the only state with legalized same-sex marriage and no marriage residency requirement. Each side of the debate thinks the combination of Iowa’s unique status and lengthy amending process works in its own favor.
Proponents of same-sex marriage believe that as Iowans watch gay couples marry, the specter of immorality and social dissolution that has been painted by conservative groups will vanish.
“It helps us when people see, meet and know committed gay couples,” Lowery said. “If we are successful, then Iowans will have at least a couple of years to see the benefits of opening up marriage to gay couples, and that can only be of benefit.”
Opponents of gay marriage point in particular to Iowa’s lack of residency requirement and the possible controversies it could create in other states that have not legalized same-sex marriage.
“People will be able to come from California or from Texas and get married in Iowa,” Pawlewski said. “People will be able to come here from states with Defense of Marriage Acts and be married and then return to their home state to challenge the laws there for not recognizing the Iowa marriage. It’s going to cause a legal problem throughout the country.
“I think they are opening up a real big bag of worms if the Supreme Court overrides the Legislature on this,” he said.

