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Iowa court rules to allow gay marriage
AFP
Published: Friday August 31, 2007


An Iowa court has overturned a state law forbidding gay marriage on the basis that it was discriminatory.

The decision Thursday is likely to head to the state supreme court but the ruling rekindled debate over the polarizing topic, and in the US state which is to vote first in presidential primaries for the 2008 election.

A prior decision banning same-sex marriage violates "due process and equal protection rights" and was "unconstitutional and invalid," Judge Robert Hanson wrote in his decision.

"This court has yet to hear any convincing argument as to how excluding same-sex couples from getting married promotes responsible reproduction in general or by different-sex couples in particular," he said.

The lawsuit was brought by six same-sex couples in 2005 who argued that the state law barring them from marrying violated their rights under the state constitution.

The district court judge also struck down a law saying that only a man and woman can have a valid marriage under Iowa state law.

The law "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.

Same-sex marriage are in banned in nearly every US state except Massachusetts. Some states allow civil unions.