# Family Leader



Iowa court's use of qualified immunity threatens our rights

Sondra Feldstein is a farmer and business owner in Polk County and a plaintiff in the litigation discussed here. She took the photo above, showing the Geisler farm (the buildings in the distance) in the middle of farmland in eastern Polk County.

When the Iowa legislature debated the so-called “back the blue” law in 2021, a key component was the section adding qualified immunity to state code. At the time, public discussion focused on the impact this would have on law enforcement by providing protection from suits involving monetary damages. News stories, commentators, legislators, and Governor Kim Reynolds (when she signed the bill) all claimed qualified immunity would—depending on your point of view—either protect police officers no matter how egregious their conduct, or make it easier for officers to do their jobs without worrying about getting sued for a split-second decision.

Polk County District Court Judge Jeanie Vaudt recently applied the qualified immunity language to dismiss, with prejudice, a lawsuit plaintiffs (myself included) brought against the Polk County Supervisors over a zoning dispute. When a case is dismissed “with prejudice,” the only recourse is to appeal to the Iowa Supreme Court, rather than allowing the plaintiffs to amend their suit to address any issues of law or procedure the lower court may have found (which frequently happens).

If allowed to stand, this decision could be cited in denying any lawsuit brought against any Iowa governmental body, including the state itself. Goodbye efforts to hold governments accountable for their decisions, or for that matter, any effort to force Iowa governments to follow the law.

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Will poll-tested language sway Iowa voters on abortion amendment?

During the closing days of the Iowa legislature’s 2021 session, Republicans accomplished one task that eluded them in 2020: getting a constitutional amendment on abortion halfway toward appearing on a statewide ballot. I expected the House and Senate to approve the measure quickly, emboldened by a larger majority in the lower chamber, where the proposal stalled last year.

Instead, Republicans spent months haggling over how the amendment would be phrased, hoping to make this effort more palatable to Iowans who currently oppose it.

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Protecting Iowa's courts

Connie Ryan on the current Republican effort to pack the courts: “Iowans understand this legislation is intended to advance the specific political agenda of a small group with a loud voice, placing our courts in harm’s way.” -promoted by Laura Belin

Interfaith Alliance of Iowa jumped into the business of protecting Iowa’s fair and impartial courts upon the announcement by the religious right in the summer of 2010 that they intended to unseat three highly qualified Supreme Court justices. They were politicizing the retention elections simply because they were mad the court ruled for the marriage rights of same-sex couples based on equal protections under our constitution.

The thought of a special interest group seeking revenge on our courts for a constitutionally-based and unanimous decision was unprecedented and frightening. Iowans wondered if this was where the division in our country was really taking us? Would extremist, special interest groups actually go after highly qualified justices committed to the constitution and the rule of law as retribution? The answer was yes.

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On acknowledging victims as we reform felon voting restrictions

Matt Chapman reports from the first legislative hearing on a constitutional amendment to change Iowa’s felon disenfranchisement system. -promoted by Laura Belin

Despite record low temperatures outside, the room was packed for the January 31 Iowa House Judiciary subcommittee meeting to consider House Study Bill 68, a constitutional amendment proposed by Governor Kim Reynolds.

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Bob Vander Plaats and FAMiLY Leader men: Pluck out thy right eye

After watching Iowa House Republicans advance an unconstitutional abortion ban, Matt Chapman has a “modest proposal.” -promoted by desmoinesdem

Toward the end of the second “funnel” week, when most non-appropriations bills must be approved by one chamber and by a committee in the other chamber to remain viable, House Republicans amended a fetal body parts bill to ban almost all abortions in Iowa after a fetal heartbeat can be detected.

Selling fetal body parts is not legal or happening in Iowa. That issue was merely a distraction, a vehicle to advance the true Republican agenda: taking away women’s rights to control their own bodies.

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Iowa reaction to Supreme Court ruling on marriage equality

In a 5-4 decision announced Friday, the U.S. Supreme Court cleared the way for same-sex couples to marry in all 50 states and ordered state governments to recognize same-sex marriages performed anywhere in the country. Justice Anthony Kennedy wrote the majority opinion in Obergefell v Hodges, joined by Justices Elena Kagan, Ruth Bader Ginsburg, Sonia Sotomayor, and Stephen Breyer. Each of the dissenting justices wrote a separate opinion; all are available in this pdf file after Kennedy’s opinion. Amy Howe explained the majority opinion in “Plain English” while Lyle Denniston posted a brief analysis.

Follow me after the jump for Iowa reaction on both sides of the marriage debate. Two years ago, Bleeding Heartland compiled Iowa politicians’ comments on the U.S. Supreme Court ruling in Windsor, which struck down the federal ban on same-sex marriages but left state bans intact.

As a group, Iowa Democratic politicians are more enthusiastic and less cautious about welcoming marriage equality now than was the case in 2009, when the Iowa Supreme Court struck down our state’s Defense of Marriage Act. Many Iowa Republicans called for elected officials to overturn the 2009 Varnum v Brien ruling by passing a constitutional amendment, but reacting to the latest U.S. Supreme Court ruling, few in the Iowa GOP sounded hopeful that there was any chance to reinstate state bans on same-sex marriage.

I will update this post as needed.  

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Weekend open thread: Tamara Scott ignorance edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

I just caught up on some recent remarks by Iowa’s Republican National Committeewoman Tamara Scott. In addition to representing Iowa on the RNC, Scott lobbies the state legislature on behalf of Bob Vander Plaats’ FAMiLY Leader organization and leads the Iowa chapter of Concerned Women for America, an influential group on the religious right. She was speaking at the FAMiLY Leader’s southeast regional summit on April 9, an event four potential GOP presidential candidates attended. Scott used the Wiccan invocation that stirred controversy in the Iowa House to make a case for more public expressions of Christianity, including teaching the country’s dominant religion in public schools. (Scott has frequently advocated school prayer and alleged that various societal problems stem from removing Christian prayers from public schools during the 1970s.) Miranda Blue covered the FAMiLY Leader regional summit speech for Right Wing Watch; some excerpts are after the jump. For video of all speeches from the regional summit, click here.

I am continually struck by how clueless social conservatives are about the separation of church and state. Though Scott does not acknowledge this legal reality, the First Amendment to the U.S. Constitution prohibits the government from promoting any specific religious viewpoint. Every time a prominent Republican demands more government expressions and endorsements of Christianity, they are driving away Jews and probably members of other minority religious groups too, not to mention the growing number of Americans who do not identify with any religion.

In a fantastic column for the Cedar Rapids Gazette, Lynda Waddington offers her own Christian perspective on Scott’s prayer for a storm to disrupt the Wiccan invocation. I’ve enclosed excerpts below, but you should click through to read the whole piece. All I can say is, that Cabot witch sure demonstrated some amazing powers.

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The Lord of the Ringkissers: Return of The Family Leadership Summit

(Always appreciate first-person accounts like this. - promoted by desmoinesdem)

Today was the 3rd The Family Leadership Summit hosted by The Family Leader. This event has become a kingmaking event for Bob Vander Plaats and The Family Leader with national and state Republican officials coming to kiss their rings. This event has been talked about as replacing the Ames Straw Poll. For the second year in a row – I decided to make the trek to see what this is all about with allied organization – Progress Iowa.

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Weekend open thread: Big Iowa GOP changes

The Republican Party of Iowa and the Iowa Democratic Party held district conventions yesterday. Nothing particularly important happened at the Democratic conventions, but the GOP gatherings continued the march toward overthrowing the “Liberty” faction that gained control soon after the 2012 caucuses. No one from the Ron Paul orbit won a seat on the newly-elected State Central Committee, which will take over after the party’s state convention in June. They are likely to replace Danny Carroll and Gopal Krishna in the party’s top leadership positions.

I’ve listed the new State Central Committee members after the jump. Notable names include Governor Terry Branstad’s legal counsel Brenna Findley and William Gustoff, both elected to represent the third district. Gustoff is a partner in the law firm headed by U.S. Senate candidate Matt Whitaker and State Representative Chris Hagenow. In 2011, Branstad named Gustoff to the State Judicial Nominating Commission, but the Iowa Senate did not confirm him. Findley briefly was an attorney with Whitaker Hagenow after she left Representative Steve King’s staff to run for Iowa attorney general in 2010.

According to Kevin Hall of The Iowa Republican blog, “Liberty” activists handed out flyers at all four district conventions urging delegates not to vote for fourteen State Central Committee candidates. All fourteen of them won seats on the committee anyway.

Another interesting development: the GOP platform committee in the first district removed the plank declaring marriage to be between one man and one woman. Katherine Klingseis reported for The Des Moines Register that the new platform language asserts the government should have no role in marriage. Some delegates tried and failed three times yesterday to restore the traditional marriage plank through amendments. UPDATE: According to conservative blogger Shane Vander Hart, one of the IA-01 convention votes on platform language went 116 to 89 to remove so-called “defense of traditional marriage” from the district GOP platform.

Kathie Obradovich wrote up the six IA-03 candidates’ pitches to Republican convention delegates. For now I consider it more likely than not that the nomination will be decided at a special district convention.

UPDATE: More thoughts on the Iowa GOP State Central Committee changes after the jump.

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Weekend open thread: Church and state edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

The non-profit advocacy group Secularity USA brought world-famous evolutionary biologist Richard Dawkins to Des Moines on Saturday. I couldn’t make it to the event; if you were there, please share your impressions. The mission of Secularity USA is to raise public awareness “of the dangers of religious bias in government and promoting the traditional separation of church and state.” While Dawkins is a well-known atheist, Secularity USA seeks to unite “religious and nonreligious supporters of church-state separation.”

Governor Terry Branstad signed a proclamation this week inviting “all Iowans who choose to join in thoughtful prayer and humble repentance according to II Chronicles 7:14 in favor of our state and nation to come together on July 14, 2014.” I wouldn’t go so far as one blogger, who declared that Branstad “signed away separation of church and state,” but it does seem inappropriate for the governor to lend his support to such a specific religious movement. The “Prayer 7-14-14” group, which is calling for the national day of prayer, sounds pretty far out there. Endorsing this project is different from routine appearances by governors at prayer breakfasts, or the prayers that typically open daily sessions in the Iowa House and Senate.

I wonder whether the governor’s staff sensed that he crossed a line, because I didn’t see any announcement of this event on the governor’s official news feed. Normally that feed highlights several proclamation signings each week. It mentioned more than half a dozen other documents Branstad signed this past week–including, ironically, a proclamation for Muslim Recognition Day. Perhaps Branstad viewed inviting Iowans to pray on July 14 as nothing more than empty pandering to the FAMiLY Leader contingent, which is promoting the national prayer day. The governor hasn’t elevated social conservative goals in most of his public speeches or in his legislative agenda.

Former Vice Presidential nominee Paul Ryan headlined an Iowa GOP fundraiser in Cedar Rapids last night. O.Kay Henderson posted the audio at Radio Iowa. As usual for Ryan, he said little about social conservative priorities, focusing instead on federal budget and tax issues, Obamacare, and the need for Republican unity. But he did nod to his religious heritage by urging his audience to give up “infighting,” “tunnel vision,” and “acrimony” for Lent.

Last month I never managed to post a thread on one of this year’s biggest news stories related to church-state separation: the U.S. Supreme Court considering what has become known as the Hobby Lobby case. After the jump I’ve posted six links on the oral arguments in that case, which will determine whether two corporations are entitled to a religious exemption from the 2010 health care reform law’s contraception mandate.  

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Ethics board to investigate National Organization for Marriage spending on retention votes

The Iowa Ethics and Campaign Disclosure Board voted unanimously on August 8 to investigate the National Organization for Marriage’s spending in Iowa during the 2010 and 2012 judicial retention elections. Details are after the jump.

UPDATE: Added details below on the National Organization for Marriage demanding that the ethics board’s executive director recuse herself from any investigation.

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Sixteen Iowa lawmakers issue dumbest ultimatum ever

The FAMiLY Leader’s strange obsession with the Iowa Governor’s Conference on LGBTQ Youth is well-established. Last year, the socially conservative organization led by Bob Vander Plaats was so focused on getting Governor Terry Branstad to drop his affiliation with this conference that they were too “busy” to protest as the governor wined and dined the future Communist ruler of China (world leader in coerced abortions).

The FAMiLY Leader was at it again last week, throwing a fit over the 8th Annual Governor’s Conference on LGBTQ Youth scheduled for April 3. For this post, I don’t want to focus on the “ludicrous” concerns raised by people like Chuck Hurley (“Stop coming after my kids and other people’s kids with evil propaganda”). I don’t want to focus on how Branstad “ducked rather than draw fire from name-callers” with this weak response to the controversy.

Today I’m more interested in sixteen Republican lawmakers who showed their solidarity with the FAMiLY Leader by making an idiotic promise they can’t possibly keep.

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Iowa House: Birthplace and graveyard for marriage and abortion bills

During 2011 and 2012, the Iowa Senate was our state’s firewall against the social conservative agenda. The Republican-controlled Iowa House passed a constitutional amendment to ban same-sex marriage, sweeping limits on abortion rights (twice), a “stand your ground” bill and a constitutional amendment that would invalidate virtually all restrictions on guns. All of those bills died in the Democratic-controlled state Senate.

Social issues have never been a priority for Iowa House leaders. They blocked a floor vote on a “personhood” bill in 2011 and steered clear of extremist crusades like impeaching Iowa Supreme Court justices and replacing gun permit laws with “constitutional carry.” Still, I expected House Republicans to cover the usual bases during this year’s legislative session.

Instead, almost every high-profile bill on so-called family values failed to win House committee approval and therefore died in the legislature’s first funnel deadline last Friday. That includes some mainstream conservative efforts as well as freak show bills like ending no-fault divorce or barring county recorders from issuing marriage licenses to same-sex couples.

Most amazing to me, House Republicans no longer have the votes to pass a constitutional amendment restricting marriage to one man and one woman.  

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Four strategies for interest group Iowa legislative endorsements

Many candidates for the Iowa House and Senate tout endorsements by outside groups in their campaign communications. Some of those groups pay for direct mail, phone calls, or even advertising supporting their endorsed candidates.

Iowa’s influential political action committees and advocacy groups have very different ways of getting involved in the state legislative campaign. Follow me after the jump for examples of four distinct strategies.

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Judicial retention election news and discussion thread

The Des Moines Register’s latest Iowa poll indicates a close contest for Iowa Supreme Court Justice David Wiggins, the target of an anti-retention campaign by social conservatives. In an unexpected move, former Iowa House Speaker Chris Rants publicly advocated a yes vote on Wiggins, despite Rants’ opposition to same-sex marriage rights.

In related news, yesterday marked the end of the road for conservative activists trying to challenge Iowa’s 50-year-old system for nominating judges.

Follow me after the jump for details.

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Anti-abortion groups MIA as Iowa welcomes Chinese VP

As Iowa’s top state officials welcomed Chinese Vice President Xi Jinping yesterday, activists gathered in Muscatine and Des Moines to protest China’s policy of repression in Tibet. Governor Terry Branstad praised Xi and his country, gushing about the potential to expand trade and friendship between Iowa and China.

Iowa’s “pro-life” movement was nowhere to be seen and had nothing to say about Xi’s visit.

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Tell us something we don't know about Bob Vander Plaats

You don’t have to be a “friend and former adviser on three of Bob Vander Plaats’ campaigns” for governor to know what Dan Moore writes in a Des Moines Register guest editorial today. But the assessment packs more of a punch coming from a former close associate:

Bob is obsessed with the gay-marriage issue. He is so obsessed that he would rather see the Iowa judicial system destroyed, instead of pursuing a change in the law within the channels provided (a constitutional amendment).

This post continues below.

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