First openly gay Iowa state senator Matt McCoy remarks on today’s landmark decision, describing it as a “Red letter day for the state of Iowa.” McCoy goes on to say that he views the issue as settled, noting Iowa’s long history of civil rights firsts and that it cannot be easily be undone (unlike California) thanks to Iowa’s rigorous legislative and judicial processes.

Will today’s events impact the pending decision of the California Supreme Court on Proposition 8?

Marriage equality in Iowa? Folks, maybe it’s time give Iowa a try. I’m reminded of the clip from Music Man below…

I guess they are not so stubborn after all.

From the DesMoines Register…

Today’s decision makes Iowa the first Midwestern state, and the third in the country, to allow same-sex marriages. Lambda Legal, a gay rights group, financed the court battle and represented six couples who challenged Iowa’s 10-year-old ban on gay marriage.

Supreme Court Justice Mark Cady, who wrote the unanimous decision, at one point invoked the court’s first-ever decision, in 1839, which struck down slavery laws 17 years before the U.S. Supreme Court upheld the right of a slave owner to treat a person as property.

Iowa’s gay marriage ban “is unconstitutional, because the county has been unable to identify a constitutionally adequate justification for excluding plaintiffs from the institution of civil marriage,” Cady wrote in the 69-page opinion that seemed to dismiss the concept of civil unions as an option for gay couples.

The ruling also addresses the religious concerns of those against gay marriage…

“Our constitution does not permit any branch of government to resolve these types of religious debates and entrusts to courts the task of ensuring that government avoids them,” the opinion says.

The ruling explicitly does not affect “the freedom of a religious organization to define marriage it solemnizes as unions between a man and a woman,” the justices stressed.

It’s a great day to be from I-o-wa!

Defense Secretary Robert Gates who appeared on Fox News Sunday was asked about continued funding of “Don’t Ask, Don’t Tell” despite Obama’s plan to repeal the controversial policy.

“Well continues to be the law, and any change in the policy would require a change in the law. We will follow the law whatever it is. That dialogue, though, has really not progressed very far at this point in the administration. I think the president and I feel like we’ve got a lot on our plates right now and let’s push that one down the road a little bit.”

Aubrey Sarvis, Executive Director of Servicemen’s Legal Defense Network (SLDN) responded to Gates’ statement…

Sec. Gates hardly gave a sound reason for kicking ‘Don’t Ask, Don’t Tell’ down the road — or essentially back tracking on a campaign promise made by his Commander in Chief. I trust the secretary was not speaking for President Obama, who, hopefully, will issue the call for repeal when he sends his Defense Department budget to Congress in a few weeks. This is about timely leadership … It’s also called multitasking. Right now is the time — while we’re engaged in two wars — we need the most qualified men and women serving. This is not the time to keep firing linguists and intelligence analysts because of their sexual orientation. The longer the president and Pentagon delay the issue, the fewer linguists and intelligence analysts the Pentagon will have to call on to fight terrorism in Pakistan and Afghanistan.”

A California family will be torn apart this Friday as Shirley Tan is deported back to the Philippines, leaving behind her partner of 23 years Jay Mercado and her twelve-your-old twin sons.

As reported in the San Jose Mercury News…

It’s hard when they are breaking up families,” said a tearful Mercado, as she sat next to Tan in the house the couple owns overlooking the Pacific Ocean. “Why can’t they just leave us alone? Just because I am not a man, that I cannot petition her (for a green card), they are punishing us.”

“The thing is,” Tan said, “it’s not only me who they are punishing. It is mainly my kids, because they are innocent. They are the ones suffering.”

If deported, Tan will be banned from entering the U.S. for 10 years. Mercado is prepared to leave her job and home behind to keep the family together in the Philippines.

Rep. Jackie Speier (D-CA-12), co-sponsor of the Uniting American Families Act (UAFA) and representing the couple’s district said this of the situation (from Immigration Equality)…

“Shirley Tan’s unacceptable situation is just one example of why Congress must pass immigration equality legislation.  The Uniting American Families Act, which I co-sponsored, will allow lesbian and gay Americans to sponsor their permanent partners for residency in the United States … In the near term, I am confident that any official who examines the facts in Shirley Tan’s case will come to the conclusion that this hard-working mother of two should not be sent to a country where she has no support network and was the victim of a horrific act of violence.”

The White House also confirmed their support for UAFA this week through spokesman Shin Inouye who said “The President thinks Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country. We will work closely with Congress to craft comprehensive immigration reform legislation.”

Of course not everyone is so supportive…

“I’ve Got a simple answer for both of you lesbians, instead of trying to change our laws, just take your two sons with you, nobody will be suffering then. And don’t let that 747 plane door smack on your rear-ends, on your way to Manila!”

— The Mark Chamot Report

Hopefully opinions such of as Mark Chamot’s are in the minority. Since Congress is going into recess next week, we should make every effort to meet with our representatives and let them know we can no longer allow families like this to be split apart by supporting the Uniting American Families Act. The Immigration Forum has made a toolkit available detailing how to schedule meetings with your local representative.

Read more on the personal story of Shirley Tan and Jay Mercado.