Iowa Justices Hear Same-Sex Marriage Case

In a case that could make Iowa the first Midwestern state to legalize same-sex marriage, the Iowa Supreme Court on Tuesday pressed lawyers for both sides with sharp questions on topics like the 4,000-year-old history of marriage and whether a ruling favoring gay couples would open the door to polygamy.

The legal core of the case, Varnum v. Brien, is whether the state’s 10-year-old law defining a “valid” marriage as only “between a male and female” violates the Iowa Constitution’s guarantees of equal treatment and due process.

A trial court judge ruled last year that the law was unconstitutional and that a dozen gay men and lesbians had been wrongly denied marriage licenses in Polk County, which includes the state capital, Des Moines. The state appealed the ruling, leading to Tuesday’s oral arguments.

But the technical details of the law and the Constitution were only part of a free-wheeling discussion lasting nearly two hours in which the seven justices repeatedly interrupted the lawyers, demanding that they parse and defend their positions.

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