Same-Sex Marriage in Iowa

Same-sex marriage is a marriage that is entered into between two individuals who identify as the same sex. For example, a man who marries a man or a woman who marries a woman.

Currently, same-sex marriage is legal in all 50 states in the United States as well as the District of Columbia. In addition, if the same-sex married couple relocates from one state to another, their marriage is

Additionally, if a same-sex married couple relocates from one state to another, their marriage will be recognized in both of the states.

What Recent Legal Changes have Occurred in the United States for Same-Sex Marriage?

Congress enacted the Defense of Marriage Act (DOMA) in 1996. This act provided that marriage was only between one man and one woman as it pertained to federal benefits for married individuals in the United States.

The first state that legalized same-sex marriage following DOMA was Massachusetts in 2003. Between 2008 and 2009, there were 5 states that legalized same-sex marriage, including:

• California;
• Connecticut;
• Iowa;
• New Hampshire;
• Vermont; and
• The District of Columbia.

The United States Supreme Court struck down portions of the DOMA statute in 2013 in the case of U.S. v. Windsor. In the Windsor case, the Court held that DOMA violated the United States Constitution, specifically the Equal Protection and Due Process clauses by limiting marriage benefits to only heterosexual couples.

This ruling removed the federal barriers for same-sex couples who were already married in a state that legalized same-sex marriage. Following this case, several states legalized same-sex marriage, leaving only 20 states that did not.

In 2015, the United States Supreme Court made a landmark decision in favor of same-sex marriage in the case of Obergefell v. Hodges. In this case, the Court ruled that states that prohibited same-sex individuals from obtaining a marriage license violated the constitutional provisions of Equal Protection and Due Process.

As a result of this ruling, all 50 states as well as the District of Columbia are required to allow same-sex individuals to apply for marriage licenses. States cannot discriminate against same-sex individuals who are seeking marriage in the state.

In addition, same-sex individuals who are married in one state and then move to another state must have their legal marriage recognized by the state they move to, in the same manner as heterosexual couples.

What Legal Benefits or Privileges are Afforded to Same-Sex Spouses in Iowa?

Same-sex couples have the same privileges and benefits as heterosexual married couples, including:

• Property rights: Depending on the state property laws, an individual may be entitled to an equitable share of their spouse’s property that is acquired during the marriage;
  • These rights may provide an individual with an equitable share if a divorce occurs;
• Parenting rights: The majority of states recognize the rights of same-sex couples to adopt children. If a child is born to one parent during the marriage, then the other spouse may have legal parenting rights to that child as well;
• Divorce rights: Should the marriage end, same-sex spouses are entitled to the same protections as heterosexual couples during the divorce process;
  • Because a marriage is a legal contract, dissolving a marriage requires a legal process to separate property and determine child custody issues, if applicable;
• Insurance coverage: If an individual or their spouse has health insurance coverage that extends to a spouse, they are entitled to that coverage as a same-sex couple. If an individual is obtaining auto, life, or homeowner’s insurance, they will be entitled to include your spouse;
• Tax benefits: Married couples, including same-sex married couples, who are filing jointly have the right to take a higher standard deduction than single filers in addition to other tax relief options;
• Inheritance rights: As a surviving spouse, an individual will be able to inherit their spouse’s estate even if they do not have a proper will;
• Marital privilege in court: If an individual is called to testify against their spouse in court, they may be able to invoke a marital privilege and not testify; and
• Medical power of attorney: As the legal spouse, an individual will be able to make important medical decisions for their spouse in an emergency or if their spouse becomes incapacitated.

One of the major motivators of same-sex marriage equality was the desire to share the same rights as heterosexual couples. There are also alternatives that are available to same-sex marriage, discussed below.

The alternatives, however, do not always provide the same rights or benefits, legal or personal.

What are the Alternatives to Same-Sex Marriage?

Yes, there are alternatives to same-sex marriage, including:

• Cohabitation: This arrangement affords no additional rights except for the fact that the couple lives together. They do not have any property rights, so in the event one passed away the other would not inherit;
  • Most cohabitation agreements will list out the distribution of costs, for example, rent, or what will happen in the event that cohabitation ends;
    • This is most likely a roommate, girlfriend, or boyfriend situation and does not afford any special rights or privileges;
• Common law marriage: This is not recognized in most states, but if a state recognizes this union, no formal marriage application is necessary in order to be lawfully married. Individuals in a valid common law marriage enjoy all the rights of a typical marriage;
  • Many states will recognize common law marriages if they occurred before a certain date, such as before January 1, 1999;
  • States that do not recognize common law marriages often recognize valid common law marriages that were formed before the state banned them;
    • For example, Georgia does not recognize common law marriage, but a couple from Colorado with a common law marriage formed before 1997, when the State of Georgia banned it, would be recognized as a valid marriage;
• Civil unions: Legal civil union options may be available in places where the word marriage is not used or in lieu of marriage with certain legal protections and benefits;
  • Numerous states created civil unions to appease individuals that demanded marriage equality. However, civil unions did not always give the same benefits;
    • Since civil unions are not recognized by the federal government, couples would often lose out on federal benefits, such as social security;
  • Due to the legalization of same-sex marriage, many states will allow same-sex civil unions to petition to become marriages;
    • There are five states that have converted civil unions into marriages after the legalization of same-sex marriage, including:
      • Connecticut;
      • Delaware;
      • New Hampshire;
      • Rhode Island; and
      • Vermont;
• Domestic partnerships: These are similar to civil unions offering legal benefits and protections without marriage. However they do not offer the exact same benefits as marriage;
  • The requirements for domestic partnerships vary from state to state;
    • Typically, they require that the domestic partners live together and intend to continue to cohabitate; and
  • Some states will limit who is permitted to apply for a domestic partnership. For example, California will offer domestic partnership for same-sex couples or heterosexual couples if one individual is at least 62 years-old.

Should I Consult an Attorney?

Building a life with a spouse can often involve making complicated legal decisions. There are some barriers that same-sex couples may face when exercising their rights.

It may be helpful to consult with an Iowa family lawyer about your marriage or if you are considering marriage. Your lawyer can advise you of the current laws in Iowa and help you ensure that your wishes are carried out.