LGBT rights in Iowa
| LGBT rights in Iowa | |
|---|---|
|
|
| Same-sex sexual activity legal? | Legal since 1978 (Legislative repeal) |
| Gender identity/expression | Protected (Employment, Housing, Schools) |
| Discrimination protections | Yes |
| Family rights | |
| Recognition of relationships |
Same-sex marriages performable and recognized in the state, civil unions and marriages performed in other jurisdictions recognized. |
| Adoption | Yes |
The establishment of LGBT rights in the U.S. state of Iowa is a recent phenomenon, with most advances in LGBT rights taking place since 2007. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage.
Contents
Law regarding same-sex sexual activity
The state's law criminalizing same-sex sexual activity was repealed in 1978.[1][2]
Recognition of same-sex marriage
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Iowa has provided benefits to same-sex partners of state employees since 2003.[3]
Iowa has allowed for state recognition of same-sex marriages performed in and out of the state since April 3, 2009, after the Iowa Supreme Court unanimously upheld a ruling by the Polk County District Court in Varnum v. Brien which effectively forced the state to rescind any outstanding discrimination against same-sex couples who wish to have their marriages recognized and licensed under state law.[4] Iowa marriage licenses were issued to same-sex couples for the first time on April 27, 2009.[5]
In response to the decision, several attempts to amend the state constitution, either by presenting a ballot initiative before the voters or calling a state constitutional convention, to ban same-sex marriage have failed.[6]
Three of the Iowa Supreme Court justices who participated in Varnum were removed from office as the result of judicial retention elections in November 2010[7] following a campaign by groups opposed to same-sex marriage.[8] However, in November 2012 a fourth member of the Iowa Supreme Court that participated in Varnum was retained after vigorous campaigning by groups opposed to same-sex marriage and groups supporting same-sex marriage and judicial independence.[9]
Adoption and parenting
Joint adoptions by same-sex parents have been legal since a ruling by the Iowa Supreme Court in 2008.[10] Iowa law allows individuals and married couples, regardless of sexual orientation, to adopt.[11]
On December 12, 2012, ruling in Buntemeyer v. Iowa DPH, a state court ordered the Iowa Department of Public Health to list the names of two women, a married lesbian couple, on the death certificate of their stillborn son.[12] The Iowa Supreme Court heard arguments that same day in the department's appeal of a decision in Gartner v. Newton that ordered it to enter the names of two women as parents on a birth certificate.[13] On May 3, 2013, the court unanimously affirmed the lower court's ruling in Gartner and said that "By naming the nonbirthing spouse on the birth certificate of a married lesbian couple's child, the child is ensured support from that parent and the parent establishes fundamental legal rights at the moment of birth".[14]
Discrimination protections
Since 2007, Iowa has outlawed discrimination on the basis of sexual orientation and gender identity.[15]
Hate crimes
Iowa's hate crime law covers hate crimes based on sexual orientation but not gender identity.[16]
On March 8, 2016, the Iowa Senate approved a bill that would add gender identity to the hate crimes law.[17]
Conversion therapy
On March 17, 2015, the Iowa Senate voted 26-24 to ban sexual orientation change efforts (conversion therapy) with minors.[18] The bill is now under consideration by the Republican-controlled Iowa House of Representatives.
References
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- ↑ William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201n, available online, accessed April 10, 2011
- ↑ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- ↑ Des Moines Register: "Unanimous ruling: Iowa marriage no longer limited to one man, one woman," April 4, 2009, accessed March 13, 2011
- ↑ 365Gay.com: "Iowa gay marriages delayed," April 7, 2009, accessed June 26, 2011
- ↑ Iowa Independent: Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009, accessed June 26, 2011
- ↑ Des Moines Register: "Iowans Dismiss Three Justices," November 3, 2010, accessed June 26, 2011
- ↑ NPR: "Gay Marriage Foes Back Push To Oust Iowa Justices," October 25, 2010, accessed June 26, 2011
- ↑ Des Moines Register: "Voters retain Justice David Wiggins," November 7, 2012, accessed November 13, 2012.
- ↑ 365Gay,com: "Iowa Supreme Court strikes down gay marriage ban," April 3, 2009, accessed June 26, 2011
- ↑ Human Resources Campaign: Iowa Adoption Law, accessed June 26, 2011
- ↑ Iowa District Court for Polk County, Buntemeyer v. Iowa DPH, December 12, 2012. Retrieved December 17, 2012
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Human Resources Campaign: Iowa Non-Discrimination Law, accessed June 26, 2011
- ↑ Human Resources Campaign: Iowa Hate Crimes Law, accessed June 26, 2011
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
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