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Article: Gambling, greyhounds, and gay marriage: how the Iowa Supreme Court can use the rational-basis test to address Varnum v. Brien.
- Article from:
- Iowa Law Review
- Article date:
- November 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT: In the 2007 case Varnum v. Brien, a Polk County, Iowa judge ordered the state of Iowa to begin processing marriage licenses for same-sex couples. One of the rationales for striking down the gay-marriage ban was that it failed to pass rational-basis review. If the Iowa Supreme Court chooses to uphold the ruling, it should choose to apply rational basis "with teeth," a form of scrutiny that has appeared in U.S. Supreme Court cases where the court suspected invidious legislative motives were at work. Applying this test would most accurately follow U.S. Supreme Court precedent and would be a wise tactical move in handling such a volatile issue, leaving open future ...
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