We’ve already weighed in on Iowa’s legalization of gay marriage here on the mother blog and over in Kevin’s space, but I wanted to add this portion of the court ruling highlighted by Marc Ambinder. Elegant, commonsensical — it’s language like this that gives confidence that more and more courts will begin to see things the same way.
We begin with the County’s argument that the goal of the same-sex marriage ban is to ensure children will be raised only in the optimal milieu. In pursuit of this objective, the statutory exclusion of gay and lesbian people is both under-inclusive and over-inclusive. The civil marriage statute is under-inclusive because it does not exclude from marriage other groups of parents–such as child abusers, sexual predators, parents neglecting to provide child support, and violent felons–that are undeniably less than optimal parents. Such under-inclusion tends to demonstrate that the sexual-orientation-based classification is grounded in prejudice or “overbroad generalizations about the different talents, capacities, or preferences” of gay and lesbian people, rather than having a substantial relationship to some important objective. See Virginia, 518 U.S. at 533, 116 S. Ct. at 2275, 135 L. Ed. 2d at 751 (rejecting use of overbroad generalizations to classify). If the marriage statute was truly focused on optimal parenting, many classifications of people would be excluded, not merely gay and lesbian people.
Maybe time to rethink the argument I laid out here.
