VARNUM V. BRIEN
63 N.W.2d 862 (2009)
NATURE OF THE CASE: This was a dispute over whether the Iowa state statute limiting civil
marriage to a union between a man and a woman violates the Iowa Constitution.
FACTS: Varnum (Ps) are same sex couples that are not permitted to marry in Iowa. The Iowa
legislature amended the marriage statute in 1998 to define marriage as a union between only
a man and a woman. Ps asked the Polk County recorder Brien (D) to issue marriage licenses to
them. D, following the law, refused to issue the licenses, and the six couples have been
unable to be married in this state. The district court concluded the statute was
unconstitutional under the due process and equal protection clauses of the Iowa Constitution
and granted summary judgment to Ps. This appeal followed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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