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Iowa Voters AXE Judges Over Gay Marriage Ruling

Posted: 11/03/10 03:01 PM ET

DES MOINES, Iowa -- In an unprecedented move, and after a nearly three month long campaign by conservative activists, Iowa voters chose not to retain three state Supreme Court justices who helped overturn a ban on same-sex marriage in the state.

Yesterday, Iowans ousted Justices Michael Streit and David Baker and Chief Justice Marsha Ternus.

Groups based out-of-state like the American Family Association, Citizens United, the Family Research Council and the National Organization for Marriage were large supporters of the push to oust the judges.

NOM declared it a victory and suggested more efforts would be coming nationwide.

"Tonight we made history, we led on freedom and the rest of the country is going to hear our voice," said Bob Vander Plaats, head of Iowa For Freedom, a project of the AFA, in a released statement, reiterating what was a theme of sending a message to the nation throughout a 20-city Judge Bus tour the week before elections.

Despite the apparent conservative victory, the fact is same-sex marriage will stand as legal.

The Defense of Marriage Act was signed into law by then-Gov. Terry Branstad in 1998; Branstad was elected to become Iowa's governor once again Tuesday, defeating Democratic incumbent Gov. Chet Culver.

In an email sent to supporters Wednesday morning, Carolyn Jenison, executive director of One Iowa said the resulting vote represented an attack on equality.

In this election, three of the courageous justices who recognized the freedom to marry in Iowa fell victim to a perfect storm of electoral discontent and out-of-state special interest money," Jenison said. "In addition, many of our pro-equality allies from Gov. Culver to statehouse candidates lost their seats due to an anti-incumbent mood that swept the nation.

Under Iowa law, Culver could still appoint three justices to replace them before he leaves office. Culver released a statement saying he was reviewing the judicial selection process as to how it pertains to fulfilling multiple vacancies created at once.

Dan Moore, attorney and former secretary/treasurer of Vander Plaats' gubernatorial campaigns, and avid supporter of retaining the justices, attested part of their problem was they could not fit their message of voting "yes" on a bumper sticker.

But with interest by Republicans in Iowa such as Branstad to take action concerning traditional marriage, Jenison said another fight lays ahead.

"In the months and weeks ahead we can expect renewed attempts to overturn the freedom to marry and write discrimination into the Iowa Constitution," Jenison said.

Chuck Hurley, president of the Iowa Family Policy Center said supporters should vote "no" on all lower court judges on the ballot as well, but only the Supreme Court justices got the boot.

"God is our ultimate authority, and we think that we did God's will by standing up to the three judges who would try to redefine God's institution and say that marriage is anything other than one man and one woman," said Hurley in an interview with the AFA's OneNewsNow.com.

In a statement released late Tuesday, the three Supreme Court justices took direct aim at the conservative groups:

We also want to acknowledge and thank all the Iowans, from across the political spectrum and from different walks of life, who worked tirelessly over the past few months to defend Iowa's high-caliber court system against an unprecedented attack by out-of-state special interest groups.

Finally, we hope Iowans will continue to support Iowa's merit selection system for appointing judges. This system helps ensure that judges base their decisions on the law and the Constitution and nothing else. Ultimately, however, the preservation of our state's fair and impartial courts will require more than the integrity and fortitude of individual judges, it will require the steadfast support of the people.


 

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DES MOINES, Iowa -- In an unprecedented move, and after a nearly three month long campaign by conservative activists, Iowa voters chose not to retain three state Supreme Court justices who helped over...
DES MOINES, Iowa -- In an unprecedented move, and after a nearly three month long campaign by conservative activists, Iowa voters chose not to retain three state Supreme Court justices who helped over...
 
 
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04:20 PM on 12/30/2010
Nice article in a recent issue of smithsonian details how a relatively tiny minority providing the measure of victory in thousands of small elections led the nation into Prohibition. They were never a majority, just too scary a minority for anybody to cross. Eventually they got their way pretty much against the wishes of most of the people.
07:15 PM on 12/27/2010
It sounds like the Iowa justices now serve at the pleasure of the Teaparty astroturf....Oh thats right, so does SCOTUS.
05:06 PM on 12/05/2010
How ironic, to declare a victory for freedom by trampling on the ability for some one else to have equal rights
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tcnsrq
excuse me
10:47 PM on 11/25/2010
the tragedy here is the legacy of the Iowa supreme court has been stained by the fear mongers and bigots.
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zdeedle
Greetings from Bikini Atoll
02:16 PM on 11/13/2010
wow, i'm so sorry all those traditional marriages in iowa were so threatened. i'm sure they will be quite safe now, and no more divorces.
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zdeedle
Greetings from Bikini Atoll
02:14 PM on 11/13/2010
i'm not familiar with the bible. where in there are the marriage vows? seriously, i totally missed the ceremony for adam and eve.
08:13 PM on 11/17/2010
Maybe you were looking for Adam and Steve...
10:33 PM on 11/11/2010
So is this how the justice system works in America today ..... if you do not like a judges decision then fire him and get ones who agree with you . Why have judges at all if thats the case , lets just let everyone vote directly on cases from now on . Unconstitutional you say ........
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zdeedle
Greetings from Bikini Atoll
02:15 PM on 11/13/2010
that's why the FF wanted judges appointed, not elected. this election thing is scary. what next, elect judges to reinstate slavery?
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Curt H
The only rights u have r the ones u stand up 4
03:27 PM on 11/09/2010
The removal of the State Supreme Court Justices by the voters of Iowa in retaliation of the Justices declaration that banning same sex marriage is unconstitutional is proof that the rights of minorities can not be left to the majority. Nor can we leave this matter to congress to decide. They are incapable of a being fair and just when they answer to the majority of the voters.
Ask yourself, if certain rights had not been guaranteed at this point in our history, and put up to a vote, would these rights be in effect now. It is sad to say that I come from a place that if we had never had a civil rights movement for blacks and it was put up to a vote today in my area the majority of the voters would deny them rights as well. The matter of civil rights must be guaranteed to be protected by the US Supreme Court. These Justices are there to protect the freedoms guaranteed by the constitution and are protected from this type of retaliation due to their life time appointments.

I have a new version of Dont ask don't tell.
Dont asked for your rights, Demand them. Dont tell them your sorry. You deserve them.
08:15 PM on 11/17/2010
Welcome to Democracy!
04:03 PM on 11/06/2010
I wonder if more Iowans knew it was organizations and people who were outside their state, who were making noise about these judges, if they (Iowans) would have voted them out?
03:48 PM on 11/06/2010
I am disappointed in the voters. But I am more disappointed in the fact that judges can be voted off of the bench by the populace. What gives with that? Do judges have to campaign now and translate their verdicts to the people in order to win their votes?
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Tony Press
11:05 PM on 11/05/2010
I happened to be in Iowa the day of the Supreme Court decision --- it was great seeing a young
man with a sign: "Corn-Fed and Ready to Wed." As long as he weds a consenting adult, the Constitution protects both of them. That's all the justices were saying. States used to ban marriage between whites and blacks, and prevented minorities from buying homes in certain neighborhoods, and banned them from many public facilities --- from seats on a bus to schools to bathrooms -and plenty of voters thought that was just fine. In fact, many claimed "God" was on their side. Even if "a majority" votes against gay marriage (such as California), that doesn't mean it's right.
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Ioan Lightoller
Proud Married Gay Pagan Man
06:51 PM on 11/06/2010
You make so much sense! That is exactly what it should be--two consenting ADULTS may legally civilly marry. What on earth is so hard for people to get about that?. This is the main thing. Consenting adults should be permitted to marry. If a religion doesn't want to marry same-sex couples, then they don't have to. But their prejudice should not ban legal civil marriage.

The whole thought of the haters that (essentially) "might makes right" was the same mentality that drove Hitler to embroil the world in war and to bring about the deaths of millions. Maybe the self-righteous "the people rule" element might wish to think of that.
02:22 AM on 11/05/2010
So Iowa allowed people from outside their state to influence their judicial elections . How nice . Now they will elect Judges who will vote for the law that they want , what kind of justice is that ? Mob rule is not justice . If that's the way things are going to be then who needs judges , why not just let citizens vote on the laws they want ? They could even vote to reintroduce slavery or vote for the death penalty for gays ...........
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Ioan Lightoller
Proud Married Gay Pagan Man
06:53 PM on 11/06/2010
Fanned and faved. I hope the Governor appoints three judges of a similar mindset. Time for the mob to realise it does not rule.
05:51 PM on 11/23/2010
I think he should just re-appoint the same three. Less down time.
04:24 PM on 11/04/2010
Way to go Iowa! You want to change the laws it should be done by the legislature. Not by overreaching judges. Now they're not judges anymore. Let that be a lesson to you.
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Jeffrey Marks
08:01 AM on 11/06/2010
Marbury v Madison, 1803. You need to read some civics..
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Davwbaird
43 years standing for equal rights
11:45 PM on 11/07/2010
He was home schooled.
11:46 PM on 11/08/2010
Equal rights are enshrined in the Constitution. They cannot be left up to a vote in the legislature or a proposition voted on by citizens.
04:01 PM on 11/04/2010
Most Iowans see someone being Gay as morally wrong and not acceptable, I agree with them and I voted not to retain right along with them. Yes, I understand that the judges were just trying to do their job yet they failed. The have to interpit the constitution and rule....they failed.
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mercury613
In the blue TV screen light
05:37 PM on 11/04/2010
You may want to do some research before making a statement likes that. According to the Des Moines Register, "Forty-one percent say they would vote for a ban, and 40 percent say they would vote to continue gay marriage. The rest either would not vote or say they are not sure."

That's hardly "most".

http://www.desmoinesregister.com/article/20090921/NEWS10/909210321/1001/NEWS

Another interesting fact from the same survey: "The overwhelming majority of Iowans - 92 percent - say gay marriage has brought no real change to their lives."
02:23 AM on 11/05/2010
Guess you never read the part of the constitution that gives all Americans equal protection { 14th }
12:09 AM on 11/06/2010
Apparently, that part only applies to the people that they want it to. At least in their minds.
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Bill J4321
10:36 AM on 11/04/2010
These people hate gay citizens so much that they are willing to oust judges for upholding the Constitution?

Smart, Iowa. Really, really smart.

Apparently you have not a care in the world as to the rotten can of worms you have just opened for yourselves in your pathetic attempts to keep gay citizens disadvantaged and marginalized.

When the ramifications of this are thoughtfully considered, it is almost funny that these bigots have not the forethought to even recognize what they have done. TO THEMSELVES.