Nature of the Case
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Facts
Varnum (Ps) are same sex couples that are not permitted to marry in Iowa. The Iowa legislature amended the marriage statute in 1998 to define marriage as a union between only a man and a woman. Ps asked the Polk County recorder Brien (D) to issue marriage licenses to them. D, following the law, refused to issue the licenses, and the six couples have been unable to be married in this state. The district court concluded the statute was unconstitutional under the due process and equal protection clauses of the Iowa Constitution and granted summary judgment to Ps. This appeal followed.
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