Judge Robert Hanson, a Polk County Iowa district court Judge has ruled that Iowa's statute prohibiting same-sex marriage violates due process and equal protection, having no rational relationship to a legitimate government objective. The 62-page decision on a motion for summary judgment provides why the statute is unconstitutional citing approximately 20 reasons why same-sex marriage is deserving of equal protection.
The Polk County Recorder, the Defendant, is expected to appeal to the Iowa Supreme Court. The Iowa Supreme Court can decide to retain the case or send it to the Iowa Court of Appeals. Either way, an appellate ruling is more than likely a year or more away unless it is provided expedited review. For a complete ruling see http://www.dmregister.com/assets/pdf/D284280830.PDF
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Jennifer Jaskolka-Brown, an Iowa attorney located at 6601 Westown Parkway, Suite 200, West Des Moines, Iowa, (515) 247-4705, practices in general civil litigation with an emphasis in Iowa Family Law issues. She provides guidance in family law matters from divorce, paternity, disestablishment of paternity to adoption,and guardianships. She also provides representation in a wide-variety of civil litigation issues.
