Law Library | Attorney Advertising | Financial Services | Affiliate Program | Blawg
Find the Right Lawyer Now:
Same-Sex Marriage in Iowa
Iowa's Same-Sex Marriage Laws
Iowa is one of 4 states that presently performs and recognizes same-sex marriage (Massachusetts, Connecticut, and Vermont being the others), and the only state outside of New England that recognizes such unions.
Same-sex marriage was legalized in Iowa on April 3, 2009 after that state’s Supreme Court found that a state law defining marriage exclusively as a union between a man and a woman violated the state constitution. The first same-sex marriages in Iowa were performed on April 27, 2009.
While there have been some calls to amend the state constitution to overrule the court’s decision, no action has been taken on the matter so far. Furthermore, the process for amending the state constitution in Iowa is quite lengthy (an amendment must be passed by 2 consecutive terms of the state legislature, each of which lasts 1 year, at which point it can be submitted to the voters for final approval). Accordingly, Iowa is likely to have same-sex marriage for the foreseeable future.
Because of this recent change in the law, same-sex couples who get married in Iowa have the exact same legal rights and responsibilities as opposite-sex couples.
Conflict With Federal Law
However, the situation in Iowa, and every other state that recognizes same-sex marriage, is complicated. Under the federal Defense of Marriage Act, the federal government does not recognize same-sex marriages performed by individual states. This means that the same-sex spouses of federal employees in Iowa cannot get federal spousal benefits, cannot file joint federal tax returns, and cannot receive spousal veteran’s benefits, among many other things.
Furthermore, most states will not recognize same-sex marriages performed in other states (though New York and Washington, D.C. will).
Do You Need An Iowa Attorney?
Same-sex marriage is currently in a state of flux nationwide, and it will likely be many years before the dust settles, and its legal status is relatively clear nationwide. In the meantime, if you have any questions about what legal rights Iowa affords to you or your partner, you should talk to an Iowa attorney who is experienced in family law.
Consult a Lawyer - Present Your Case Now!
Find the Right Lawyer Now:
Did you find this article informative?
