Any American is free to marry in Iowa. But don't expect most of your homestates to recognize it. Becoming the third state in the union to grant full equality to gays and lesbians (if you ignore California), county clerks might see a (brief) burst of out-of-staters descending upon Iowa to join history. Except only Iowa, Connecticut, and Massachusetts (and later this year, Vermont) will care about the paperwork. Not that it's stopping the gays.
Like Chicago's Chad Gearig and Thom Howe, who tell the Des Moines Register the three-hour drive is worth it. There's also the group option: Book a party bus with several other couples and save on transportation!
Under the U.S. Constitution, Iowa's gay marriages (or other states' legal gay marriages) should have to be recognized by all states, since the "full faith and credit clause" requires legal marriages in one state to be valid across the land. Except that brilliant piece of legislation President Bill Clinton passed nixes all of that!
It's all part of Iowa's own brand of "live and let live." While plenty of citizens may not agree with same-sex marriage, their belief in "do whatever the hell you want, so long as it doesn't affect me" trumps it. Notes the New York Times: "In 1839, the Supreme Court for what was then the territory of Iowa refused to recognize a slave as a possession, years before the United States Supreme Court would rule in an opposite fashion, against Dred Scott. In 1868 and 1873, the court issued rulings favoring desegregating schools and public accommodations, almost a century before the United States Supreme Court heard Brown v. Board of Education. Iowa was the first state, in 1869, to permit women to practice law."
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The legal information in the post is somewhat incorrect. State A have never had to recognize a marriage in State B if it is against State A's "public policy". It is an exception to the Full Faith and Credit Clause of the Constitution. DOMA was only redundant in that respect and its repeal will not change what is required of State A.
To expand on what Alex said, Illinois courts will have to decide whether to recognize same-sex marriages entered into in Iowa. Its state statute defining marriage as opposite-sex (a/k/a mini-DOMA) only will be a factor.
In New York where there is no mini-DOMA statute and no state constitutional amendment defining marriage, courts have done the analysis and recognized marriages from Canada and Massachusetts.
@Cheesehead: And the New York Court of Appeals (the state's highest court) will be addressing that issue shortly, after rejecting a challenge to the (implicit) limitation of New York's marriage law to opposite-sex couples.
It will be interesting to see whether or not there's a challenge to the Illinois DOMA. The court is slightly tilted in favor of Democrats, but that's no guarantee.
I'm worried that challenges to other state's marriage laws via the full faith and credit clause will revive the constitutional amendment frenzy in the remaining states. Of course, if you fight no battles, you won't win the war.
@Aaron Akins: Challenging the lack of recognition under Full Faith and Credit is not going to get people anywhere since the law here is pretty settled. So I wouldn't really worry about this issue.
@Aaron Akins: What remaining states? A majority of states have marriage amendments now; the only ones that remain are states with constitutions that are more difficult to amend. A federal showdown is inevitable now; I predict the Supreme Court will address this issue within ten years.
Just got our license…It was a beautiful moment to be part of. Couples were lined up to apply for the license. The county recorders were so friendly and respectful and congratulated each couple. As you left, a bouquet of flowers was given to each couple in crangratulations. 5 protesters showed up in the morning but other than that…it was wonderful!
@eg: Congrats!
@eg: Congrats! I'm so proud to be an Iowan today.