The Iowa District Court for Polk County has ruled that the state constitution requires recognition of same-sex marriage. The decision will likely serve to fuel the presidential debates on the subject and force some candidates to embrace the constitutional marriage amendment. The response, however, is overblown. First, this is a low-level court and the Iowa Supreme Court must make the final decision. Second, while subject to legitimate debate, I do not believe that states are compelled under the Constitution’s full faith and credit clause to recognize such marriages. There has long been a public policy exception in such cases. While one could debate the validity of the exception, I believe most courts would find that there is an exception in the cases of same sex marriages. As stated in earlier columns, however, the solution to this debate should be found in reexamining the use of the noun “marriage” and dropping the term in favor of a universal civil union standard. For more on this debate, click here
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