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One year ago today, the Iowa Supreme Court's Varnum v Brien ruling went into effect. From April 27, 2009 through the end of last year, at least 1,783 same-sex couples received marriage licenses in Iowa. The real number is probably higher, because about 900 marriage licenses did not specify the gender of the couple involved. Despite a petition drive led by some Iowa Republicans and the Iowa Family Policy Center, not a single county recorder denied a marriage license to a same-sex couple.
Although all three Republican candidates for governor say they want to overturn the Varnum v Brien ruling, marriage equality is probably here to stay. Conservative groups are not urging voters to pass a ballot initiative calling for a constitutional convention, which would be the quickest path to amend the Iowa constitution. Bob Vander Plaats probably won't win the Republican nomination for governor, much less the November election, and even if he did, his plan to halt gay marriage by executive order is a non-starter.
That leaves the self-styled defenders of traditional marriage one path: approving an amendment restricting marriage rights in two separately elected Iowa legislatures, then convincing a majority of Iowans to vote for that amendment (in November 2014 at the earliest).
Republicans have an outside shot at winning a majority in the Iowa House in 2010, but they have virtually no chance of taking back the Iowa Senate this year. Democrats currently hold a 32-18 majority in the upper chamber. A net gain of four or five seats is the best-case scenario for the GOP, and I consider a net gain of two or three seats much more likely. That leaves Senate Majority Leader Mike Gronstal in a position to block all efforts to bring a constitutional amendment on marriage to a floor vote during the 2011 and 2012 legislative sessions.
Gubernatorial candidate Rod Roberts claims he could force Democrats to allow a marriage vote. His plan is to veto all legislation, including the state budget, until the Iowa House and Senate have voted on a marriage amendment. I doubt a Republican could win that game of chicken even if Governor Chet Culver is defeated this November. Polling indicates that most Iowans are not eager to ban gay marriage and think the state legislature has more important things to do. Anyway, the most likely Republican nominee, Terry Branstad, has an incoherent position on gay marriage and probably would make only a token effort to get a constitutional amendment passed.
Share any thoughts about same-sex marriage in Iowa in this thread.
Speaking of civil rights, some reports indicate that the House of Representatives will vote this year to repeal the military's "Don't Ask, Don't Tell" policy, which has ended far too many military careers. Click here to read a moving open letter to President Obama from an Air Force major who was discharged under Don't Ask, Don't Tell.
Follow me after the jump for a review of news about marriage equality in Iowa, stories featuring happy couples, and thoughts about the future politics of this issue.
Republicans in the Iowa House and Senate failed this morning to force floor votes on a constitutional amendment to ban same-sex marriage. In the Senate, minority leader Paul McKinley asked colleagues "to sign a petition that would allow Senate Joint Resolution 2001, which would begin the process of amending the state's constitution to ban same-sex marriage, to be brought to the Senate floor for a vote despite not being approved by a committee." Only one of the 32 Iowa Senate Democrats (Tom Hancock) joined the 18 Republicans in signing this petition.
Later this morning, House Republicans tried a procedural maneuver that could have allowed a floor vote on House Joint Resolution 6 (a constitutional amendment on marriage) despite the fact that no House committee has approved it. The procedural motion needed 51 votes to pass, but only one Democrat, Dolores Mertz, voted with the 44 House Republicans. Mertz is a co-sponsor of the marriage amendment and votes consistently with Republicans on social issues.
Last April, two Democrats (Mertz and Geri Huser) joined with House Republicans on a similar procedural vote. Good for Huser for voting with the majority this time around. One House Democrat was absent today: Mark Kuhn, who also missed yesterday's proceedings in the chamber. It seems likely that he is either sick or was unable to get to Des Moines from his home in rural Floyd County. North-central Iowa just got hit with another major winter storm.
House Republican leader Kraig Paulsen acknowledged today that opponents of marriage equality don't have the 51 votes needed to force a vote this session in the Iowa House.
Unfortunately for Republicans, recent polling data suggests gay marriage is not a high priority for most Iowans. Every statehouse Democrat should be echoing the words from House Speaker Pat Murphy's official statement today:
"In these tough economic times, Iowans want the Legislature to keep focused on help for middle class families and small businesses. In this shortened session, my goal is to keep the House focused on key priorities -- balancing the state budget without raising taxes while creating good-paying jobs for Iowans and making sure every child receives a quality education and affordable health care."
In related good news, the New Hampshire House Judiciary Committee voted down two bills today that were aimed at repealing same-sex marriage rights in that state.
The House spent almost 30 minutes on a rarely used "call-of-the-House" in which each of the 100 members were ordered into the chambers to vote unless they were previously excused.
Hancock explained why he joined the Senate Republicans as follows: "I live in a highly Catholic area and I think that's what the folks wanted me to do [...] I never received that many contacts to say not to."
Pat Murphy said Republicans "can go ahead and use" the House vote in the upcoming campaign, but added, "I would advise Republicans that 'It's the economy, stupid.'"
Governor Chet Culver addresses the Iowa House and Senate this morning. Kathie Obradovich's latest column emphasizes that Culver has broken with tradition this year by not submitting his draft 2011 budget to lawmakers before the big speech. (The governor submitted a draft budget for fiscal year 2010 in late December 2008.) Obradovich concludes that Culver needs to be in the "spotlight" without focusing on the budget.
She doesn't mention other factors that seem likely to have delayed the budget draft. The Tax Credit Review Panel, which Culver appointed after the film tax credit fiasco, only just submitted its recommendations on January 8. I can't imagine how the governor's staff would put together a draft budget without knowing which tax credits deserve to be continued, scaled back or eliminated. Another possible source of delay is the State Government Reorganization Commission made up of Iowa House and Senate members, which voted on a list of cost-saving measures last month. Those measures would affect assumptions on state spending in the coming fiscal year.
However, Senate Majority Leader Mike Gronstal told Radio Iowa this week that lawmakers will move a major bill on reorganizing state government before they start work on next year's budget. It makes sense, because you can't make accurate spending projections without knowing how state agencies will be restructured.
I'll update this post later with more details of Culver's speech.
UPDATE: The Burlington Hawk Eye posted the transcript. He asked legislators "to pass a supplemental appropriations bill early this session to restore some of the cuts to the Department of Public Defense" (Culver cut the current-year budget across the board in October.) For the fiscal 2011 budget, Culver asked lawmakers "to fully fund community college job training, and to adequately fund the Department of Workforce Development. And, to create more 'green collar jobs,' of the future, to fully fund the Iowa Power Fund." Longer excerpts from the speech are after the jump.
Hot topics on this blog during the second half of the year included the governor's race, the special election in Iowa House district 90, candidates announcing plans to run for the state legislature next year, the growing number of Republicans ready to challenge Representative Leonard Boswell, state budget constraints, and a scandal involving the tax credit for film-making.
I expected 2009 to be a relatively quiet year in Iowa politics, but was I ever wrong.
The governor's race heated up, state revenues melted down, key bills lived and died during the legislative session, and the Iowa Supreme Court's unanimous ruling in Varnum v Brien became one of this state's major events of the decade.
After the jump I've posted links to Bleeding Heartland's coverage of Iowa politics from January through June 2009. Any comments about the year that passed are welcome in this thread.
Although I wrote a lot of posts last year, there were many important stories I didn't manage to cover. I recommend reading Iowa Independent's compilation of "Iowa's most overlooked and under reported stories of 2009," as well as that blog's review of "stories that will continue to impact Iowa in 2010."
Pressed on his record of expanding gambling in Iowa, Branstad has suggested he had little choice in the matter: "What was I supposed to do? Over 70% of the people wanted it even though I was personally opposed to it."
Now Branstad is playing the same game on the Road Use Tax Fund and the idea of eliminating federal deductibility from Iowa's tax system.
There aren't many political events during the second half of December, but there's plenty going on during the next couple of weeks. Event details are after the jump. Post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know of something I've left out.
If I can shake this cold I plan to attend the Culver-Judge holiday party this Saturday. Any other Bleeding Heartland readers going?
State Representative Chris Rants and Jonathan Narcisse have already started their debate series. You can view the schedule and download mp3s of the debates here.
Between now and the end of the 2010 legislative session, self-styled "defenders of marriage" will urge Democrats in the Iowa House and Senate to approve a constitutional amendment banning same-sex couples from marrying. Bryan English, director of public relations and outreach for the Iowa Family Policy Center, wrote a guest post for The Iowa Republican blog about his recent efforts to convince Democratic State Senator Dennis Black (district 21).
English and I disagree on most political issues, including the Iowa Supreme Court's ruling in Varnum v Brien, but in this piece he shines a light on talking points Democrats should avoid when confronted by opponents of marriage equality.
Until last week, the money raised to support Terry Branstad as a gubernatorial candidate was hidden in the bank accounts of two 527 groups: the Iowa First Foundation and the Draft Branstad PAC. Now that Branstad has formed an exploratory committee, I expect we'll soon see a press release about eye-popping early money raised for his campaign. Major Republican donors were key players in the effort to lure the former governor back into politics.
While Branstad's signing all those thank-you notes to Republicans, he may as well acknowledge three Democrats who have helped him raise the big bucks: Governor Chet Culver, Iowa House Speaker Pat Murphy, and Iowa Senate Majority Leader Mike Gronstal. Branstad wouldn't be able to accept those $25,000 and $50,000 checks if Democrats had passed meaningful campaign finance reform during the past three years.
Iowa Senate Majority Leader Mike Gronstal discussed the film tax credit fiasco on this weekend's Iowa Press program, and it sounds like defenders of the tax credit will be fighting an uphill battle during next year's legislative session:
"I think we're going to get this investigation from the Attorney General and from the State Auditor. I think we're going to do a good evaluation of the program and if we can't show a real benefit to the state of Iowa - and not just a few part-time jobs, but a real long-term benefit to the state of Iowa - I think it's 50-50 as to whether this program continues."
According to Gronstal, he and other legislators right now "see very little in terms of potential benefits" to the state from the film tax credits which have been awarded already. [...]
Gronstal says he may regret having voted to create the program and he expects some political fall-out from this episode.
"People will be disappointed in that, but I think it's the responsibility of the legislature - we try things in economic development. Everything we try doesn't work and it's perfectly o.k. to occasionally decide, 'You know, we've (gone) down a road and that road doesn't make as much as sense as we thought it made,'" Gronstal says. "And so we're going to go back and change that."
Gronstal also defended Governor Chet Culver, saying "once he found out about [problems with the film tax credit] he acted quickly and put the program on hold and got people to investigate."
Gronstal expressed surprise that a flood of applications for film tax credits this spring allowed producers to get around the $50 million annual cap the legislature approved for the program. (Note to legislators: next time you cap a tax credit, make the law go into effect immediately on being signed by the governor.)
"If you can show that a tax credit creates a climate, for instance, the research activities tax credit - if you can show that that keeps an industry here in the state of Iowa and builds long-term jobs and high-wage, high-skills jobs in this state where there's a net benefit to the state by having that set of jobs come along with it, yeah, that makes sense," Gronstal says. But Gronstal says if you can't show that, then the tax credit should be repealed.
A critical analysis of Iowa's tax credits is overdue, but better late than never. State revenues continue to lag behind projections because of the recession. Repealing wasteful tax credits could reduce the size of state spending cuts during the 2010 fiscal year. Iowa Republicans would like to plug the budget gap entirely through spending cuts, but they forget that deep spending reductions by state and local governments can also be a drag on the economy.
Iowa Republicans are bashing Governor Chet Culver for appointing Kate Gronstal to the I-JOBS board, which will decide how to spend $118.5 million of the $830 million in I-JOBS money. Kate Gronstal is the daughter of Iowa Senate Majority Leader Mike Gronstal.
"I'm sure there are thousands of qualified engineers in this state that don't raise the red flag that someone who is an immediate family member of a legislator in charge of ramming this through the Senate," Strawn said.
Since Culver "declined to respond" to Strawn's allegation, I want to lay out the case for putting Kate Gronstal on this board.
1. She is qualified for the position as a professionally trained structural engineer. It's not as if the governor put a well-connected person with no relevant experience on the board.
2. By all accounts she is smart and highly capable. People born into political families have certain doors opened for them. I'm sure Marcus Branstad had a leg up on the competition when he was starting his career in Iowa Republican circles. Who cares as long as he is good at what he does?
3. Kate Gronstal's presence on the board will subject its award process to a higher level of scrutiny. That's good.
I supported the large infrastructure bonding package because Iowa's debt load is not that high, interest rates are relatively low, and public works projects can improve the quality of life in the long term while creating jobs in the short term.
Iowa Republicans never liked Culver's bonding plan, and they'll be watching for any mistakes that bolster their misleading talking points. With Kate Gronstal on the I-JOBS board, Republicans will use any unworthy project approved to highlight alleged Democratic nepotism and mismanagement.
I-JOBS has the potential to make Iowa a better place to live. Governor Culver has appointed a qualified board to administer the program. All the board members, and especially Kate Gronstal, have strong incentives to demonstrate that they can handle this responsibility.
After the jump I've posted the governor's press release containing bios for all members of the I-JOBS Board and the Accountability And Transparency Board, which will "make sure Iowa meets or exceeds the accountability and transparency requirements of the American Recovery and Reinvestment Act" (also known as the federal economic stimulus bill).
I got a double-dose of Dr. Howard Dean in Des Moines yesterday at a health care reform event and a reception to honor Iowa House Speaker Pat Murphy and Iowa Senate Majority Leader Mike Gronstal. (I'll write up the health care forum later today.)
The reception was organized by One Iowa, the leading LGBT advocacy group in the state. Dean spoke about his experience as governor of Vermont after signing a bill granting legal recognition to same-sex couples (civil unions) in April 2000. He remarked that supporting civil unions has now become the "compromise position" on the issue, but it wasn't that way nine years ago. He wore a bullet-proof vest for a time after signing the bill and didn't visit certain conservative areas of the state much during that year's re-election campaign. Dean was barely re-elected in 2000 with 50.5 percent of the vote after winning his four previous gubernatorial elections easily.
Think about that. Less than a decade ago in a relatively progressive state, the governor was wearing a bullet-proof vest after standing up for civil unions. I don't mean to downplay the political courage shown by Iowa leaders who have respected and praised the Iowa Supreme Court's ruling, because I know marriage equality is still a controversial and emotional issue. But it's striking how much more accepting people are of legal recognition for committed gay and lesbian couples.
"This has just become a non-issue in states where there's a lot of neighborliness," Dean said. "Because even if people don't think, for religious reasons, that gay people ought to be able to get married, they're also respectful of their neighbors who may have a gay person in their family."
Radio Iowa's headline on this story is "Dean predicts gay marriage will be a 'non-issue' in 2010." That makes him seem much more complacent than he sounded to me at the One Iowa reception. Dean predicted that marriage equality will gain wide acceptance, but he reminded the audience of that old political saying, "Never forget who your friends are." He urged them to support the Democrats who have blocked a constitutional amendment banning gay marriage in the state legislature, warning that if these leaders lose in the next election, "it sets back the movement."
In the context of not forgetting your friends, Dean mentioned that his presidential campaign could never have gotten off the ground without the help of the LGBT community. He estimated that in the early months, about 75 percent of the money his campaign raised came from LGBT donors who remembered that he stood with them on civil unions. That early money helped him hire a few staffers and open a few offices, laying the ground for his surge in support during the summer of 2003.
Speaking more broadly, Dean gave credit to all gays and lesbians over the years who have "stood up and said who you are," because it becomes much harder to say and think bad things about a group when you know the group includes your friends and neighbors. (Dean made a similar point in his Radio Iowa interview.)
In their remarks to the One Iowa reception, Gronstal and Murphy both gave credit to the "six brave couples" who put their names on the line in filing the Varnum v Brien lawsuit against Iowa's Defense of Marriage Act. Gronstal added that in holding the line against efforts to overturn the Supreme Court ruling, he and Murphy "didn't do this for the LGBT community. We did it for everyone."
SECOND UPDATE: In the comments at MyDD, Texas Dem notes that Dean's re-election in 2000 was less close than it seems, because his Republican rival only got about 38 percent, with a Progressive candidate winning the remaining 9.5 percent. Still, that was a much narrower margin than Dean's other gubernatorial election victories.
I was so sorry to hear today's news out of California. While I have no doubt that a future referendum will reverse Prop 8, that process will take years and resources that could have been spent organizing in other states.
Couples left in legal limbo should be aware that the state of Iowa recognizes the marriages of same-sex couples who tied the knot in California last year. Moving halfway across the country clearly won't be an option for everyone, but Iowa has a low cost of living and a good quality of life (more affordable housing, relatively low rates of crime and unemployment, short commutes, and decent public schools in many communities).
Of course, couples from California or anywhere else can still come to Iowa to get married.
Since the Iowa Supreme Court's Varnum v Brien ruling went into effect on April 27, hundreds of same-sex couples have been married here. More than half of Iowa's 99 counties have issued at least one marriage license to a same-sex couple. Despite an extensive petition drive to pressure county recorders, no county recorder has refused to issue a marriage license to a couple seeking one.
In my opinion, a constitutional amendment to overturn the Supreme Court ruling will not get anywhere. I explain why after the jump.
I got so busy this month that the event calendars fell by the wayside. After the jump I've posted details about lots of things going on this week and next.
As always, please post a comment or send an e-mail (desmoinesdem AT yahoo.com) if you know of something I've left out.
While writing about lots of other topics during the past week I got behind on Iowa marriage equality news. I did some catching up after the jump.
First things first, though. If you are planning a same-sex marriage in Iowa, please note that this will become possible on April 27, not April 24 as was widely reported after the Iowa Supreme Court announced its Varnum v Brien decision. Iowa's marriage application forms have already been changed, but the Supreme Court needs to issue an order putting its ruling into effect. Because of furloughs related to budget cuts, the court pushed back that date from April 24 to April 27.
One Iowa wants to hear from people planning same-sex marriages in Iowa. They have some helpful resources. You can also sign up to follow One Iowa on Twitter here.
Iowa House Speaker Pat Murphy ruled out of order an attempt by Republicans to bring a resolution to the floor on amending Iowa's constitution to ban gay marriage. The resolution did not pass any House committee before last month's "funnel" deadline, so could only have reached the floor if leadership made an exception for it.
I will update this post as more news becomes available. You can read a couple of different play-by-play accounts on the Twitter feeds of journalist Charlotte Eby and Republican Representative Renee Schulte. It sounds as if leadership conferred for a while before Murphy ruled the resolution out of order. Iowa Senate Majority leader Mike Gronstal, who refused to let a similar bill come to the Senate floor on Monday, was in the House chamber this morning speaking with House leaders.
Earlier today marriage equality opponents and supporters rallied at the Iowa capitol. I wasn't there, but Charlotte Eby provided the highlights. Former State Representative Danny Carroll told the crowd that politicians who don't listen to the word of God should be replaced. Someone doesn't seem to understand the constitution too well. Unfortunately for Carroll and fortunately for us, the voters of Iowa House district 75 sent him packing in 2006, and voted him down by a larger margin in his rematch against Eric Palmer last year.
One Iowa also had supporters at the capitol this morning. If you were there, please post a comment or a diary about what you saw.
The Iowa legislature's "funnel" date passed in early March. Under the normal rules of operation, bills that did not clear at least one House or Senate committee by that time were dead for the 2009 session.
SECOND UPDATE: One Iowa says this is not over yet and is urging supporters of marriage equality to contact their representatives today.
House Switchboard: 515-281-3221
Tell them to stand firm with legislative leadership and oppose this distracting and divisive move. With all the challenges Iowa is facing, it's time for our elected officials to get back to work for Iowa families!
Murphy's ruling today stemmed from the fact that the House cannot suspend rules it has enacted jointly with the Senate. House members can only suspend their own rules.
The only way to suspend the joint rules is for someone to introduce a resolution in the Rules and Administration Committee. If it starts in the House, then there's a vote in House committee and in the full House. If it passes, it goes to Senate committee then a vote of the full Senate.
That explains why Senate leader Gronstal was in the House chamber this morning. The bill is HJR 6.
But Republicans hinted that they will make another run at the issue later today.
"We'll just let the day unfold," said House Republican Leader Kraig Paulsen of Hiawatha. He later added. "The Legislature has a whole mass of rules and while you can use them sometimes to hide behind, sometimes they work to your advantage in other situations."
I don't pretend to know what rules he is referring to, but please tell all your friends in Iowa to contact their House representatives and ask them to respect the Iowa Supreme Court's decision in Varnum v Brien.
YET ANOTHER UPDATE: More drama this afternoon, as Republican Chris Rants tried to attach an amendment banning gay marriage to a bill on health care, according to Charlotte Eby. House Speaker Murphy ruled the amendment out of order, but Rants moved to suspend rules. Eby said "some Ds" voted with Republicans and named Mertz and Geri Huser, but the motion failed. I don't know whether Mertz and Huser were the only Democrats voting with Republicans on that bill.
If we can't defeat Huser in the 2010 primary with all the bad votes she's cast, I don't know what to say. I am not giving a penny to the House Democratic leadership fund as long as any money could be spend defending incumbents like Mertz and Huser.
would have gutted a $1.25 billion health and human services bill, House File 811, and replaced it with a proposed constitutional amendment to define marriage as between a man and a woman.
That amendment failed on a 54-44 vote. Mertz and Huser were the only two House Democrats who voted with Republicans. Shame on them for trying to sacrifice a health care bill in order to pass an amendment that would put discrimination in our state constitution.
If your representative is one of the 54 Democrats who stood firm with Speaker Murphy, please call or e-mail to say thank you. I know that some of the House Democrats are personally uncomfortable with same-sex marriage, but they did the right thing today.
Murphy released this statement:
"The latest political stunt by House Republicans this afternoon proves this is all about politics. It's stunning that Republicans would choose to gut health care for our children, veterans, seniors and disabled Iowans to score political points.
Despite today's political posturing and attempts to circumvent rules agreed to by Republicans earlier this year, my goal is to keep our focus
on helping middle class families struggling to make ends meet and balancing the state budget.
Iowans expect us to work together on the issues that unite us --good-paying jobs, affordable health care and a quality education."
Iowa Senate Majority leader Mike Gronstal is on a tear this week. On Monday he rejected Republican efforts to bring a constitutional amendment banning gay marriage to the Senate floor. Read his remarks here (scroll to the bottom) or watch the video:
On Tuesday Gronstal in effect dared conservatives to push for a Constitutional Convention, which might consider adopting an amendment to ban gay marriage. From the Des Moines Register:
"I'm inclined to hope they succeed, if that's their strategy," said Senate Majority Leader Mike Gronstal, who has saluted Friday's Iowa Supreme Court ruling legalizing gay marriage. "There's a lot of good, progressive issues that we could pursue: a woman's right to choose, guaranteed health care for all Iowa citizens, workers' rights - so if there are people that want to help us get to a constitutional convention, that's kind of my dream world."
If Iowa voters approve a ballot initiative next November on calling a Constitutional Convention, the Iowa legislature will draw up rules for selecting delegates to that body. If the convention approves proposed constitutional amendments, a special election will be scheduled, and voters will consider each amendment separately, not as a bloc.
Sen. Ron Wieck, R-Sioux City, said he will likely vote against holding a convention. "We have bumps in the road but we're operating pretty well without going in and messing with the Constitution," Wieck said.
Senate Minority Leader Paul McKinley said he will continue to push for a second route toward a constitutional amendment on gay marriage: votes by the Iowa House and Iowa Senate in two consecutive general assemblies followed by a vote of the people.
But McKinley understands why some might have an interest in a constitutional convention.
"I think the reason there is some appeal at least on the surface is citizens feel very disenfranchised from their government," McKinley said. "Democracies are crazy things. Sometimes the people want to do things that maybe the elites don't agree with."
Although I'm confident that over time a large majority of Iowans will come to support marriage equality, I confess that I am a bit nervous about the issue coming to a statewide vote in 2010 or 2011. At the same time, like Gronstal, I can imagine lots of good amendments that might come out of a Constitutional Convention.
Share any relevant thoughts or speculation in this thread.
Numerous politicians and interest groups have issued statements since the Iowa Supreme Court unanimously paved the way for legal gay marriage by striking down Iowa's 1998 Defense of Marriage Act. Iowa Politics has links to many of the statements, as well as Iowa blog posts on today's ruling, and I've also received some statements via e-mail.
Click "there's more" to read the statements from key Iowa Democrats and watch a video featuring the only openly gay Iowa legislator.
I will write a separate post later on Republican reaction to the Iowa Supreme Court ruling.
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