Panel backs gay marriage ruling

Saturday, August 22nd, 2009

Des Moines Register: “The Iowa Civil Rights Commission voted unanimously Thursday to formally support the Iowa Supreme Court’s decision allowing gay marriage, and to formally oppose any constitutional amendment that would overturn the decision.”

A state civil rights commissioner said Thursday that an amendment to the Iowa Constitution banning gay marriage would clash with the fundamental rights of Iowans spelled out in the same document.

“I don’t think we’re saying that there can’t be a constitutional amendment raised. I mean, that’s under the constitution,” said Commissioner Rick Morain, a Republican from Jefferson. “My personal feeling is that if that kind of amendment were adopted, it would clash with Article 1 of the constitution, which is the Iowa Bill of Rights.”

The Iowa Civil Rights Commission voted unanimously Thursday to formally support the Iowa Supreme Court’s decision allowing gay marriage, and to formally oppose any constitutional amendment that would overturn the decision.

Morain said: “To me, it would not be consistent with Iowa’s long-standing tradition of equality and the right to happiness to pass that amendment.”

The commission is a bipartisan group of seven Iowans appointed by the governor to be neutral fact- finders in cases of reported discrimination.

Wayne Nosbisch, one of five audience members at Thursday’s meeting, asked how Iowans would know whether someone has a basis for a lawsuit if he or she sues alleging discrimination based on homosexuality, perhaps if a landlord refuses to rent an apartment.

“If a person who’s disabled comes and says, ‘I want to sue him because he discriminated against me because I’m disabled,’ that’s obvious. Or discrimination based on color, or age, although some people get grayer quicker than others. But what I’m saying is, if I want to sue you … I may be lying, but perhaps I disagreed with you and I want to make your life hell.”

Commissioner Alicia Claypool, a Democrat from West Des Moines, said there would have to be a set of facts that shows a complaint is valid, such as a landlord who exhibited a pattern of discrimination.

“If you (as a landlord) don’t say anything about homosexuality, and I (as a prospective renter) don’t say anything about homosexuality, and I file a complaint, there has to be more information there,” she said.

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