The Court rejected civil unions as an alternative to marriage.

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It ordered that marriage licenses be issued to same-sex couples as soon as the decision is officially promulgated in about three weeks. It further ordered that the language in Iowa Code section 595.2 limiting civil marriage to a man and a woman be stricken from the statute, and the remaining statutory language be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage.

The Iowa decision is particularly important because it is the first decision in favor of marriage equality from a heartland state. Moreover, the decision is extraordinarily well-written and thoughtful. It may influence the courts of other conservative states.

Although polls indicate that a large majority of Iowans are opposed to same-sex marriage, passing a constitutional amendment to overturn the Court's decision may be difficult. The process to amend the Iowa constitution requires approval of a proposed amendment in two sessions of the legislature before being submitted to the voters. The leaders of both houses of the Iowa legislature have vowed not to allow consideration of a proposed amendment. Hence, it is unlikely that a referendum could go to the voters before 2012 at the earliest. It is hoped that by then opposition to marriage equality will have dissipated.

Victory in Vermont

In 2000, Vermont became the first state to adopt civil unions; in 2009, it became the first state to adopt marriage equality by legislative mandate rather than court order.

Following a series of hearings and studies of the civil union law, in which many gay and lesbian couples complained that civil unions were not recognized as the equivalent of marriage, the Vermont legislature took up the question of marriage equality in 2009.