Bulletin: MU2009005

Dear Associates:

In a decision on April 3, 2009, the Iowa Supreme Court declared unconstitutional the Iowa statute that defines as, and limits a valid marriage to, one between a male and a female, [Sec. 595.2.1, Code of Iowa], thus legalizing same-sex marriages in Iowa. This decision, Varnum, et.al, v. O'Brien, No. 07-1499, will become effective unless a petition for rehearing is filed by April 27, 2009. A marriage license could be issued on or after that date, and the parties could wed on or after April 30, 2009, following a 3-day waiting period.

Accordingly, on and after April 30, 2009, same sex couples, if duly married, will be legally entitled to all of the rights, benefits and privileges of marriage as it was conventionally understood in Iowa prior to this decision. Since the parties to a same sex marriage will be married in every respect, this decision will, therefore, have an impact on underwriting, particularly in the areas of dissolution of marriage, inheritance, and homestead issues, to mention just the most obvious.

If you have questions relating to this bulletin, please contact your local underwriting personnel or Stewart Legal Services.

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