Judging an Iowa Judge

Here is the deal.  After Iowa legislators hurried to pass a local so-called Defense of Marriage to prohibit marriage between gay and lesbian couples to avoid a similar court challenge, a lawsuit was filed on behalf of six same-sex couples and their children who were denied marriage licenses in Iowa, arguing that this denial violated the liberty and equal protection clauses in the state constitution. In 2007, the Polk County District Court ruled in favor of the couples, prompting the county to appeal to the Iowa Supreme Court.  On April 3, 2009, the Iowa Supreme Court unanimously upheld the District Court holding that there was no important government interest in denying citizens marriage licenses based on their sexual orientation.

What to do?  Well, for many of us it was cause for celebration.  Iowa is not known for being socially progressive, and suddnely we found ourselves in the very important first 10% of states in the country where you could legally marry regardless of gender.  The decision was made on the basis of equal protection, placing it where it belongs in my opinion.  A civil right.

Not everyone saw it that way.  There developed a movement to oust the 'activist' judges--you mean the ones that uphold the Iowa Constitution?  That can't be good, said outside agitating religious right money--and they successfully made their argument, which went unopposed, and the three judges were voted out.  Oddly, also in accordance with the Iowa Constitution, there was also a referendum on convening a constitutional convention--such a referendum is on the ballot every ten years, and it was voted down.  That would be another path to success for those who oppose same sex marriage, and it is a path that is much harder to get to through the legislature, but since they were not Iowans, they didn't even understand the options open to them.  Lucky for us. 

Now Judge Wiggins, another Supreme Court Judge, is up for reaffirmation, and once again Bob Vander Plaats, joined by Rick Santorum, are spreading their distorted message across Iowa--but this time they are being trailed--literally--by a bus load from the Iowa Bar Association, who are going to each and every town right afterwards and educating people on why laywers in Iowa support Wiggins, and support the decision the Iowa Supreme Court made based on the law.  Way to go!