# Marriage Equality



Bartz confirms re-election bid in Iowa Senate district 26

Republican State Senator Merlin Bartz confirmed this week that he will run for re-election in the new Iowa Senate district 26. His race against Democratic incumbent Mary Jo Wilhelm is probably a must-win for Senate Democrats in order to preserve their majority. After the jump I’ve posted a district map. Bleeding Heartland previewed the Bartz/Wilhelm matchup here.

Bartz has given Iowa progressives plenty of reasons to want him gone, from encouraging county recorders to ignore a Supreme Court ruling to trying to block the most significant water quality regulations of the last decade. Bartz’s record is so bad that even learning he “has performed for over 35 years in north and northeast Iowa with various dance bands” didn’t give me any sympathy for the guy. Democrats who live within striking distance of Worth, Mitchell, Floyd, Howard, Chickasaw, Cerro Gordo, or Winneshiek counties have a golden volunteer opportunity here.

P.S. to the Des Moines Register’s editorial staff: that last link was to William Petroski’s blog post. I liked the dance band detail. When you read something interesting on a blog, it won’t kill you to link to it. I mention this because your January 15 comment on Bartz’s crusade against “obsolete” laws reads a lot like Bleeding Heartland’s post from January 10.  

Continue Reading...

Judge orders state agency to list same-sex spouse on child's birth certificate

A Polk County District Court Judge has ordered the Iowa Department of Public Health to list a birth mother’s same-sex spouse on the child’s birth certificate without requiring the non-birthing mother to go through the adoption process.

However, the ruling does not automatically apply to all Iowa same-sex couples seeking to have both parents listed on their children’s birth certificates.

Continue Reading...

Iowa Senate district 26 preview: Mary Jo Wilhelm vs Merlin Bartz

Only one Iowa Senate race in 2012 will pit Republican and Democratic incumbents against each other. First-term Democrat Mary Jo Wilhelm confirmed this week that she will seek re-election in the new Senate district 26. Her likely opponent is four-term Republican Senator Merlin Bartz. Follow me after the jump for a district map and first take on this matchup.

As a bonus, this post also covers the strangest failure to do basic damage control I’ve seen from a political veteran.  

Continue Reading...

Iowa Senate district 18 election day news and discussion thread (updated)

Today’s forecast calls for rain and cold temperatures in Linn County as Iowa Senate district 18 voters determine whether the Senate will remain Democratic-controlled for the 2012 session or deadlocked at 25-25. The weather doesn’t seem bad enough to be a significant factor, but if it does keep some voters home, that’s probably good news for Democrat Liz Mathis. She continues to lead Republican Cindy Golding in early voting.

The latest absentee ballot numbers and other news clips from the special election campaign are after the jump.

UPDATE: New absentee numbers for Senate district 18 are below.

Continue Reading...

McKinley resigning as Iowa Senate Republican leader, won't run in 2012

Iowa Senate Minority Leader Paul McKinley announced yesterday that he will not seek re-election in 2012 and will step down as leader of his party’s caucus when Senate Republicans meet in Des Moines on November 10. After the jump I’ve posted background on the drive to oust McKinley and thoughts about which Senate Republican will take his place next week.

McKinley’s retirement leaves Republicans without an obvious candidate in the new Senate district 14, which should be competitive in 2012. A map of this swing district is also below.

Continue Reading...

Liz Mathis still has early vote edge in Iowa Senate district 18 (updated)

UPDATE: More recent absentee ballot numbers are here, and a precinct-level analysis of the early voting is here.

Absentee ballot requests and returns continue to favor Democrat Liz Mathis over Cindy Golding, her Republican opponent in the Iowa Senate district 18 special election.

The latest numbers from the Linn County Auditor’s Elections office are after the jump, along with recent comments about marriage equality by the Senate district 18 candidates.

Continue Reading...

National Organization for Marriage all in for Cindy Golding

The National Organization for Marriage has started spending money supporting Republican candidate Cindy Golding in the Iowa Senate district 18 special election. After the jump I’ve posted the first direct-mail piece from the group, which puts a questionable spin on Golding’s comments about marriage.

For now, NOM has pledged to support Golding “with a series of mailers and other activities” before November 8. Bob Vander Plaats’ FAMiLY Leader organization will also be involved with the independent expenditures. NOM spent heavily on the 2009 Iowa House district 90 special election, paying for television and radio commercials as well as direct mail. Those efforts didn’t stop Democrat Curt Hanson from winning by a narrow margin.

Continue Reading...

Iowa Senate district 18 Democrats formally nominate Mathis (updated)

Democratic delegates in Iowa Senate district 18 nominated former television news anchor Liz Mathis last night for the November 8 special election. No other candidate sought the nomination. Republicans picked businesswoman and Linn County GOP co-chair Cindy Golding in a three-way nominating contest last week.

Both Mathis and Golding indicated yesterday that they will focus on jobs and the economy rather than social issues during the short campaign.

Continue Reading...

King, Grassley speak out for Defense of Marriage Act

Senator Chuck Grassley and Representative Steve King (IA-05) spoke out this week for preserving the 1996 federal Defense of Marriage Act, which states that the federal government recognizes only marriages between one man and one woman. The Senate Judiciary Committee held a July 20 hearing on S. 598, the Respect for Marriage Act. That bill would repeal part of the DOMA so that for purposes of federal law, “an individual shall be considered married if that individual’s marriage is valid in the state where the marriage was entered into.” Six states and the District of Columbia recognize same-sex marriages.

Grassley is the ranking Republican on the Judiciary Committee, and his opening statement in yesterday’s hearing asserted that “George Orwell would have marveled” at calling S. 598 the “Respect for Marriage Act.” In Grassley’s view, the bill would undermine the institution of marriage. He denied that Congress passed DOMA in 1996 “to express disapproval of gay and lesbian people.” He asserted that supporters of DOMA now face threats and intimidation that amount to an “unacceptable” “chilling of First Amendment rights.”

Grassley invited King to testify before the committee, and in his statement, King asserted that recognizing same-sex marriages would devalue the institution of marriage. Saying “you can’t choose who you love” could be used to justify incestuous or polygamous unions, King told the senators. He also argued that the DOMA is consistent with the will of the American people, who have voted in 31 states to restrict legal marriage to one man and one woman. (More recent opinion polling has shown growing support for same-sex marriage rights.)

After the jump I’ve posted the full texts of Grassley’s opening remarks and King’s testimony. Both Iowa Republicans described the government’s interest in protecting marriage as an institution that promotes procreation. King cited a 1942 U.S. Supreme Court ruling that said, “Marriage and procreation are fundamental to the very existence and survival of the race.” During the past decade, several state Supreme Courts have rejected that argument as a reason to deny same-sex couples the benefits of marriage.

Multiple plaintiffs have challenged the constitutionality of the federal DOMA. Click here for a brief summary of six lawsuits working their way through federal courts. In July 2010, a U.S. District Court judge hearing two of those cases in Massachusetts struck down section 3 of the DOMA. In February of this year, President Barack Obama instructed the U.S. Department of Justice not to defend “the constitutionality of Section 3 of DOMA as applied to same-sex married couples” as applied in those two court cases. This week, White House spokesman Jay Carney affirmed that the president supports repealing DOMA. King claimed in his testimony that President Obama said DOMA is unconstitutional “despite no court ever reaching that conclusion.” He may be unaware of U.S. District Court Judge Joseph Tauro’s ruling from last summer.

While I support repealing DOMA, I view the current debate over S. 598 as a somewhat cynical public relations exercise. Everyone knows that the Republican-controlled U.S. House would never approve a DOMA repeal bill. Had Democrats tried to move this legislation when they held majorities in both houses of Congress, I would give them more credit. It’s notable that Obama publicly voiced his opinion about DOMA only after its repeal was a dead letter in the House.

Any comments about marriage equality are welcome in this thread.

Continue Reading...

Daniel Lundby will run for Iowa House district 68

The son of one of Linn County’s most influential Republicans during the past three decades will run for the Iowa House as a Democrat in 2012. Daniel Lundby on July 5 launched his campaign in the new Iowa House district 68. This swing district covers most of Marion (a suburb of Cedar Rapids) and some rural areas of Linn County, including the small towns of Ely and Bertram. As of April 2011, the new House district 68 contained 6,834 registered Democrats, 6,290 Republicans and 7,871 no-party voters.

Lundby’s Republican opponent will be Iowa House Local Government Committee Chairman Nick Wagner. He has represented current district 36, covering suburban and rural parts of Linn County, since winning an open-seat race in 2008.

Lundby’s first campaign press release refers repeatedly to his late mother, Mary Lundby. She was co-chair of the Linn County Republican Party before being elected to the Iowa House in 1986. After four terms as a state representative, she won several terms in the Iowa Senate, where she was among the more moderate Republicans. During the final weeks of the 2006 legislative session, she surprised most Iowa politics-watchers by ousting Stew Iverson as Senate Republican leader. She stepped down from the Senate in order to run for Linn County supervisor, but she dropped out of that race for health reasons. She died of cancer in early 2009.

Daniel Lundby’s message to Linn County voters will be that today’s Republican Party no longer shares his mother’s values. From yesterday’s campaign press release:

“My mother believed in a common sense approach to solving problems through partisan politics.  I want to bring that common sense back to the Iowa House.  My mother also strongly cared about children in Iowa and wanted them to get the best education possible.  Unfortunately, the needs of our young people now seem less important with the Republicans insisting on zero percent growth for local schools and education cuts to state universities.  None of which my mother would approve of.  Nor would she support cutting programs that protect our natural resources and our environment.  She would definitely not support attempts to deny equal rights to any Iowan.  Being my mother’s son, I want the chance to continue her work for a better Iowa.”

The comment about “equal rights” alludes to the fact that Mary Lundby was one of four Iowa Senate Republicans to vote against a constitutional amendment banning same-sex marriage in 2004. That amendment failed by a single vote in the upper chamber. Had it passed, the Varnum v Brien lawsuit challenging Iowa’s Defense of Marriage Act probably would never have been filed.

I’ve posted a detailed map of the new House district 68 after the jump, along with the full text of Lundby’s campaign announcement.

Continue Reading...

Unconventional Iowa survey finds majority support marriage equality

About 61 percent of Iowa registered voters, including overwhelming majorities of Democratic and no-party voters, support same-sex marriage rights, according to a new survey conducted by graduate students at Drake University. The same survey indicated that 62.5 percent of Iowa voters oppose a constitutional amendment that would ban same-sex marriage. Those are the highest levels of support for marriage equality I’ve seen in any Iowa polling. I am skeptical that an opinion poll conducted in a more traditional way would find similar numbers.

More results from the online survey and details about its methodology are after the jump.

Continue Reading...

Weekend open thread: Wrapping things up

Iowa legislative leaders made significant progress toward avoiding a government shutdown this week. After the Senate approved new budget bills on Tuesday and Wednesday, negotiators reached new compromises on Thursday. Conference committees cut deals on two-year budgets for economic growth, justice and agriculture/natural resources. The Iowa Senate then passed those three compromise bills on Friday with bipartisan majorities. Senate Majority Leader Mike Gronstal expressed confidence that the House and Senate can finish work on the budget in time for the end of the fiscal year on June 30. Early next week I’ll publish more details on the budget compromises taking shape. To my knowledge, statehouse Democrats and Republicans are still far from agreeing on property tax reform, which Governor Terry Branstad has said must get done this year.

Branstad won a major victory by getting legislators to pass a two-year budget. Senate Democrats had previously warned that biennial budgeting would facilitate a “power grab” by the governor. On Friday the Iowa Senate unanimously approved a bill to address that concern, limiting how much money the governor can transfer between legislative sessions.

The Rebuild Iowa Office, a temporary agency created by then-Governor Chet Culver after the historic 2008 floods, closed this week as scheduled. Lynn Campbell published a good piece about the office and its work. The closure isn’t timely, as western Iowa deals with major flooding along the Missouri River.

“We still feel that there is a need for a recovery office of some sort – they can call it whatever they want – to continue to focus on all these disasters that are happening over and over again,” said Ron Randazzo, Rebuild Iowa’s strategic planner. […]

Iowa Homeland Security and Emergency Management Division now will be the lead agency for the state’s disaster response and recovery.

But Susan Judkins Josten, RIO’s intergovernmental affairs director, said the Legislature hasn’t acted on a transition plan and hasn’t required the homeland security division to change its operations. The state also doesn’t have plans to retain the knowledge developed by RIO.

Leading Iowa Republicans aren’t worried. House Speaker Kraig Paulsen told Campbell that he never supported creating a separate office to handle disaster recovery efforts. Governor Terry Branstad was scathing in comments to Rod Boshart:

“I think it really turned out to be kind of an ineffective agency and I think the Legislature was right in their decision in 2009 to sunset it,” the governor said. “All RIO did was paper shuffling and coordination. […]”

Branstad said he believes his administration has established a better system of direct accountability and management by having the state’s Homeland Security and Emergency Management agency take the lead on dealing with disasters such as the current flooding along the Missouri River, while other state agencies address funding issues with the federal government, public safety and other issues.

“In my opinion there’s been money wasted in having an extra layer” that has now been eliminated, the governor said. “When you have to go through a coordinating agency and you have the paperwork involved, it just slows things down. I think the change will be for the better, speed things up, cost us less, be much more efficient and make it possible for people to get straight answers quicker.”

Democratic State Senator Rob Hogg praised RIO officials for keeping the focus on flood prevention efforts as well as disaster recovery. I share Hogg’s concern that in RIO’s absence, no state agency will push for better floodplain management in Iowa. Branstad did virtually nothing on that front after Iowa’s 1993 flooding (at the time the worst ever) and hasn’t pushed for action since returning to office.

In happier news, New York became the sixth state to legalize same-sex marriage last night. Four Republicans in the GOP-controlled state Senate voted for the marriage equality bill, which Democratic Governor Andrew Cuomo immediately signed into law.

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

Continue Reading...

New poll finds net negative approval for Branstad

More Iowa voters disapprove than approve of Terry Branstad’s performance as governor, according to the latest statewide survey by Public Policy Polling. Of 1,109 Iowa voters polled between April 15 and April 17, just 41 percent approved of Branstad’s performance, while 45 percent disapproved and 14 percent were not sure. In a hypothetical rematch between Branstad and Governor Chet Culver, 48 percent of respondents said they would vote for Culver, while 46 percent would vote for Branstad. Full results and crosstabs are here (pdf). Branstad was in net positive territory with men (45 percent approve/43 percent disapprove), but women disapproved by a 48-37 margin. The sample doesn’t perfectly match the Iowa electorate; I noticed that 38 percent of respondents said they were Democrats, 33 percent said they were Republicans and 29 percent said they were independents. As of April 2011, Iowa has 1,955,217 active voters, of whom 647,060 are registered Democrats (33 percent), 610,006 are registered Republicans (31 percent), and 696,061 are no-party voters (36 percent).

PPP’s last Iowa poll, taken in January, found only 40 percent of respondents had a favorable opinion of Branstad, while 44 percent had an unfavorable opinion.

The new survey suggests a plurality of Iowa voters accept marriage equality. Asked “which best describes your opinion on gay marriage,” 35 percent of respondents said “gay couples should be allowed to legally marry,” 29 percent said “gay couples should be allowed to form civil unions but not legally marry,” 33 percent said “there should be no legal recognition of a gay couple’s relationship,” and 2 percent were unsure. PPP’s January survey of Iowa voters asked the question differently and found 41 percent said same-sex marriage should be legal, 52 percent said it should not be legal, and 8 percent were unsure.

PPP also recorded job approval numbers for Senators Chuck Grassley and Tom Harkin and favorable/unfavorable numbers for Iowa’s five U.S. House representatives, Christie Vilsack and Tom Vilsack. Grassley and Harkin were both in net positive territory, but Grassley’s ratings (57/30) were much stronger than Harkin’s (47/38). It’s hard to read anything into the favorability ratings of the House members, since the opinion of voters statewide won’t necessarily reflect representatives’ standing in their own districts.

Share any relevant thoughts in this thread.

UPDATE: Forgot to mention that to my knowledge, Chet Culver’s approval ratings didn’t fall to the low 40s until the second half of 2009, when he was dealing with a recession, state budget crunch and the film tax credit fiasco.

Impeachment going nowhere and other Iowa Supreme Court news

Last week, a group of conservative Iowa House Republicans finally made good on their promise to introduce articles of impeachment against the four remaining Iowa Supreme Court justices who concurred in the 2009 Varnum v Brien decision on marriage. The impeachment bills won’t make it out of committee, let alone the Iowa House, but there may be some political fallout from the effort.

After the jump I examine the articles of impeachment, future prospects for their backers and recent news related to the 2012 judicial retention elections.

Continue Reading...

Weekend open thread: Digesting the Iowa map

Iowa legislators from both parties seem ready to approve the redistricting plan offered by the Legislative Services Agency on Thursday. Senate Majority Leader Mike Gronstal, whose Council Bluffs district barely changed, encouraged colleagues  to take a “cold, hard look” at the map, since the second offering “may not be as good.” Senate Minority Leader Paul McKinley’s weekly e-mail blast spoke favorably about the redistricting process. Iowa House Majority Leader Linda Upmeyer, who was thrown into House district 8 with two other Republican representatives, said, “The next map might be something less desirable.” The Associated Press reported that “one of the potential rivals is retiring and the other laying plans to run for the senate.” House Minority Leader Kevin McCarthy described the map as a “a wash, with good and bad on both sides.”

Two factors are pushing lawmakers to accept the plan. First,

[Democratic legislative staffer Ron] Parker noted that 27 House members and 14 senators are paired under the proposed map. He says that’s about half the number tossed together the last two times the Legislature approved districts.

In 1991, 50 House members and 20 senators were paired and those numbers were 39 and 25 when lawmakers drew new lines in 2001.  

Parker said Friday that many Republicans and Democrats assume there could be even more pairings if lawmakers reject the initial proposed map.  

Second, Bleeding Heartland user ragbrai08 pointed out Thursday that the extremely low population variance between the Congressional districts leaves both parties “in the dark for the second map” and without credible ways to assert that the plan violates Iowa Code:

The LSA has taken away the option of playing the odds. There are maps with smaller pop dev, but with questionable compactness. The LSA can choose to go with a higher pop dev based on this. How do you play it? Do they go down or up? And which pattern is most likely to be chosen?

The difference between this and 2001 is that the first map last time had multiple credible options with lower pop devs. Based on pattern analysis, you could go and plead what you considered important based on arguments fitted to the Iowa Code.

If yesterday had been like 2001, the first map would have had a mean deviation of 155 persons. Instead they went low, real low. […]

If the LSA had put out a first map with a mean pop dev comparable to 2001 (after adjusting for larger districts), you would have had the opportunity to argue about what represents IA better: regionalized vs balanced, for example. By offering up a map right on the edge, that has largely been rendered moot.

I’m assuming rational actors are involved. You always have to ask the question, what are the odds of my situation improving? If you can’t answer that (and it is very difficult here), bird in the hand applies.

Assuming this plan becomes law, some incumbents will have hard choices to make. John Deeth collected news here about legislators making arrangements to avoid elections against each other. My current State Senator Pat Ward is ready to move to a different part of the Des Moines suburbs to run in the new Senate district 22 instead of against Democratic Senator Matt McCoy in the new district 21. She may have competition in the Republican primary, because former WHO talk radio personality Steve Deace lives in what would be district 22 and sounds interested. Shortly after leaving WHO this year, Deace indicated that he would consider running for the Iowa Senate.

In other Iowa news, today is the second anniversary of the Iowa Supreme Court’s Varnum v Brien ruling, which struck down the state’s Defense of Marriage Act. Gronstal blocked a vote on a constitutional amendment to overturn that ruling in the state Senate this year and will do so next year too. If Republicans gain control of the upper chamber in the 2012 elections, they would need to pass a marriage amendment in the legislature in 2013, hold both chambers in 2014, and pass the amendment again in 2015 in order to get the measure on a statewide ballot in November 2016.

The most depressing news I’ve seen this weekend relates to the ongoing disaster in Japan. The death toll from last month’s earthquake and tsunami could exceed 16,000.  Authorities don’t have a solid plan for disposing of radioactive water used to cool reactors and spent fuel pools at Japan’s Fukushima nuclear facility. Now some of the radioactive water is leaking into the ocean, and the early attempts to stop the leaking have failed.

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

Continue Reading...

Register poll on Obama, gay marriage and more

The Des Moines Register continues to release results from its latest statewide poll. Selzer and Co surveyed 800 Iowa adults between February 13 and 16. Bleeding Heartland discussed the Register’s poll numbers on Governor Terry Branstad here.

Follow me after the jump to discuss President Barack Obama’s approval inching up in Iowa, slight growth in support for same-sex marriage rights, views on ways to close the state budget gap, and more.

Continue Reading...

Obama ditches DOMA and other marriage equality news

U.S. Attorney General Eric Holder announced yesterday that the Department of Justice will no longer defend Section 3 of the 1996 Defense of Marriage Act in court. Section 3 defines marriage as the union of one man and one woman for federal purposes. It has been challenged in court multiple times, and last July a federal judge ruled the provision unconstitutional. The DOJ appealed that ruling, but Holder announced yesterday that President Barack Obama

has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.   The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.   Given that conclusion, the President has instructed the Department not to defend the statute in such cases.   I fully concur with the President’s determination.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.   We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation.   I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option.   The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.

I’ve posted Holder’s complete statement after the jump. It notes, “Much of the the legal landscape has changed in the 15 years since Congress passed DOMA.” While some conservative commentators were outraged by the announcement, it’s important to remember that the Obama administration hasn’t stopped enforcing the DOMA despite the president’s opinion of the law.

Linda Hirshman argues that Obama has laid a trap for Congressional Republicans, who will look foolish in federal court if and when they defend Section 3. I think she is way too optimistic that the federal appeals process will uphold last year’s district court opinion. Hirshman and I may find the legal arguments supporting the DOMA weak, but it would not surprise me to see a 5-4 U.S. Supreme Court ruling affirming the constitutionality of Section 3.

I was surprised to see so little Iowa reaction to Holder’s announcement. The outcome of this federal litigation will affect thousands of legally married Iowa same-sex spouses, who would be eligible for some federal benefits if the law is struck down. As far as I know, Senator Chuck Grassley is the only Iowan in Congress to issue a statement on yesterday’s news. He’s the ranking Republican on the Senate Judiciary Committee, and he criticized the Obama administration’s decision as “clearly based more on politics than the law.” He stopped short of promising to help with the DOMA legal defense, but presumably Congressional Republicans who are attorneys will handle that. I posted Grassley’s complete statement after the jump.

Republicans in the Iowa legislature continue to fight marriage equality. A constitutional amendment to define marriage as between one man and one woman passed the Iowa House last month but will not reach the floor of the Iowa Senate. A short-lived legislative effort to legalize discrimination against married same-sex couples was backed by many Republicans and at least one Democrat, but House Judiciary Committee Chairman Rich Anderson tabled that bill before it received a subcommittee vote.

A new bill, House File 330, would prevent Iowa county recorders from issuing marriage licenses to same-sex couples “until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification.” The same bill would block the Iowa Supreme Court from considering its constitutionality. There are some pretty big problems with that idea, though:

That outcome: Iowa families could appeal a recorder’s decision in trial courts but those decisions would not be able to be appealed to the Iowa Supreme Court.

It would make the lower courts ruling final and it would also set up the likelihood that Iowa would have pockets of the state were the law was recognized and others were it was thrown out.

“I think the result is that you would have a hodgepodge of rulings across the state,” Bartrum said. “It would depend on whatever the local district judge thought because were would be no uniform appeal.”

FRIDAY UPDATE: According to Troy Price of One Iowa, House Speaker Kraig Paulsen has communicated by e-mail that House File 330 is going nowhere. KCRG reports,

Top Republicans on Thursday said they have no plans to debate the issue, viewing it a nod to the party’s social conservative wing. […]

Backers say introducing the measure is one more opportunity to voice their displeasure with how the marriage issue has been handled.

Republican Rep. Betty De Boef says the issue has been handled badly and that some lawmakers want to take every opportunity to make that point.

In related news, Maryland is likely to become the sixth state to grant full marriage rights to same-sex couples. A bill on marriage equality is advancing in the Maryland Senate and has substantial support in that state’s House of Delegates. Democratic Governor Martin O’Malley will sign the bill if it reaches his desk.

Washington, DC has recognized same-sex marriages since December 2009. Some U.S. House Republicans are pushing a bill to reverse that policy. If a same-sex marriage ban for the nation’s capital cleared the House and the U.S. Senate, Obama would probably veto it given his decision to stop defending DOMA.

Hawaii’s new Democratic governor Neil Abercrombie signed a civil unions bill yesterday, bringing the number of states that recognize same-sex civil unions to seven. Republican Governor Linda Lingle vetoed a similar bill in Hawaii last year.

Share any relevant thoughts in this thread.

UPDATE: The Washington Post reports,

Some opponents of same-sex marriage said the administration’s decision could end up helping to preserve the law in court.

“The previous efforts of the Obama administration and DOJ to defend the law were so inadequate as to raise the suspicion that the Justice Department was deliberately throwing the case,” said Robert George, a political science professor at Princeton University who opposes same-sex marriage. “Chances are the law will get a robust defense, and I suspect it will withstand constitutional scrutiny.” […]

In his letter to [House Speaker John] Boehner, Holder criticized portions of the congressional debate leading up to the law’s passage, saying they had undermined the prospects for defending the measure. “The record contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus that the Equal Protection Clause is designed to guard against,” Holder wrote.

Continue Reading...

Weekend open thread: Hot-button issues edition

What’s on your mind this weekend, Bleeding Heartland readers? Some news that caught my eye recently:

Tens of thousands of people in Wisconsin have protested against efforts by Republican Governor Scott Walker and the GOP-controlled legislature to impose big benefit cuts on public employees and curtail their collective bargaining rights. The 14 Democrats in the Wisconsin Senate left the state to deny Republicans a quorum for passing the anti-union bill. I’ve been following the day to day news on the Uppity Wisconsin blog.

Joel Northup, a wrestler for Linn-Mar high school, qualified for the state tournament but defaulted when his bracket paired him with Cassy Herkelman, a girl from Cedar Falls. Herkelman and Megan Black of Ottumwa made history this year by becoming the first girls to qualify for the Iowa high school state wrestling tournament.

Johnson County supervisors voted 5-0 on Thursday to ban firearms and dangerous weapons from buildings, lands and vehicles owned by the county. Some Republicans in the Iowa legislature are pushing a bill that would bar local governments from restricting guns in that manner.

State Senator Mark Chelgren’s stupid comments about Iowa’s voluntary preschool program for four-year-olds prompted Mr. desmoinesdem to look up information about pre-primary education in the Communist bloc. Contrary to Chelgren’s assertion that the Soviets started indoctrinating children early, when “they’re so malleable,” the USSR provided essentially day care rather than formal education for children under age 7.

The Internal Revenue Service declared this month that breast pumps are a tax-deductible expense, reversing a determination made last fall. A quality pump can cost hundreds of dollars. Pumping has its detractors but can be invaluable for working women who want to continue breastfeeding, or for women whose babies are unable to breastfeed.

Zach Wahls, whose testimony against the marriage amendment at an Iowa House public hearing went viral on YouTube, appeared on the Ellen show this week.

Governor Terry Branstad’s double-dipping (continuing to draw his $50,000 state pension while receiving a $130,000 salary as governor) made news in Iowa a few days ago. Branstad’s communications director, Tim Albrecht, said the governor “made a significant personal sacrifice” by resigning as president of Des Moines University. In that job he had received more than $350,000 per year.

One low-profile story that should be getting more attention is the wide-ranging spending cut bill under consideration in the House of Representatives. H.R. 1 would decimate funding for too many good programs to list in this post. For example, Iowa would lose $12 million in K-12 funding for various programs, $116 million in Pell grant funds, $1.4 million for vocational and adult education, $6.9 million for job training, $1 million for mental health and substance abuse treatment grants, $4.3 million for various low-income housing programs, $28 million in clean water-related funds, $28 million for Community Development Block Grants, and $1.3 million for justice assistance grants. Key transportation programs nationwide would also lose funding, including public transit and high-speed rail.

This is an open thread.

Open letter to Kim Pearson State Representative

(I hope not just Pearson, but other Iowa Republicans will read this letter. - promoted by desmoinesdem)

Excerpt from the post.culture.shock blog

When I was in middle school, I earned spare money by babysitting for a lot of the neighborhood kids. One of the parents I was employed by was Kim Pearson, one of the sponsors of the bill in the Iowa House to amend the Constitution to ban not only gay marriage, but also civil unions and domestic partnerships. This is my letter to her. (edited somewhat with the recognition that this is now going to a lot of folks who don’t know me as well as Kim did, and who likely don’t care what I’ve been up to since I spent a summer taking care of her kids)

Continue Reading...

Six Iowa Republicans who may live to regret marriage vote

After a crowded public hearing last night and about three hours of floor debate today, the Iowa House approved House Joint Resolution 6, a constitutional amendment that would ban all legal recognition for same-sex relationships in Iowa. All 59 Republicans present voted for the amendment, as did three House Democrats who represent rural districts: Kurt Swaim, Dan Muhlbauer and Brian Quirk. The bill now goes to the Iowa Senate, where Majority Leader Mike Gronstal has pledged to keep it from receiving a floor vote.

Many of the 37 House Democrats who voted no on the amendment took to the floor to speak out against the bill. You can read excerpts from their remarks here, here, here and here. (UPDATE: Several of the House Democrats’ speeches from the chamber are on YouTube as well.)

In contrast, only a few Republicans gave prepared remarks supporting the amendment, including lead sponsor Dwayne Alons (rarely afraid to say something ridiculous) and House Judiciary Committee Chairman Rich Anderson. Anderson justified the amendment as serving the state’s interest in promoting childbearing:

“We want to drive procreation into a stable relationship and procreation only happens between a male and a female. See a male and a female can do something that a homosexual couple cannot: They can create children accidently. That’s the issue. It’s not about love. It’s not about romance. It’s about driving state policy toward responsible procreation.”

The Iowa Supreme Court addressed and rejected that argument on pages 59 and 60 of the Varnum v Brien ruling. Anderson also raised the familiar “slippery slope” concern that legal same-sex marriage would lead to state recognition of incestuous and polygamous unions. No one’s tried to do that in the other four U.S. states that recognize same-sex marriages, or in Canada or any of the European countries that do the same.

Given how strongly the Republican base supports overturning same-sex marriage rights, I was surprised more Republicans weren’t eager to explain their votes on the House floor. Tea party favorites Kim Pearson and Glen Massie even declined to yield to a question from Democrat Nathan Willems on whether the equal protection clause applies to all Iowans. House Majority Whip Erik Helland “answered” Willems’ question, but in a non-responsive way.  

It got me wondering: deep down, are they not proud of what they’re doing? Perhaps some of them secretly agree with former Republican State Senator Jeff Angelo, who has changed his position on marriage equality and now views a constitutional amendment as “government intrusion in the lives of law-abiding citizens.” Rarely do legislators vote to change the constitution, and Iowa has never before approved an amendment to limit the rights of citizens. If House Republicans believe the public interest demands putting minority rights up for a majority vote, they owe us compelling arguments.

Politically, it was probably wise for House Republicans to keep quiet during today’s debate. Many must realize that they’re on the wrong side of history, as public opinion polls show increasing support for same-sex marriage rights. A “loud and proud” statement for the public record supporting this bill could be embarrassing 10 or 20 years from now.

Still, I wonder if voting for House Joint Resolution 6 will ever become a political liability for any of today’s Republican lawmakers. During the 1980s and 1990s, decades-old opposition to school desegregation or other policies of the civil rights era occasionally became a campaign issue. I remember many politicians apologizing for things they said or votes they took in the 1960s and 1970s. During the 2008 presidential race, Republican candidate John McCain felt compelled to admit he had been “wrong” to oppose a holiday honoring Dr. Martin Luther King, Jr.

After the jump I discuss a half-dozen members of the Iowa House Republican caucus who may one day wish they’d had the courage to be out in front accepting marriage equality.

Continue Reading...

Events coming up during the next two weeks

A busy week at the Iowa legislature kicks off Monday evening with what’s sure to be a packed Iowa House hearing on a constitutional amendment to ban legal recognition for same-sex relationships. Groups supporting conservation of Iowa’s natural resources have several rallies and lobby days planned during the next two weeks. Those and other event details are after the jump. Please post a comment or send me an e-mail if you know of an event that should be included on this calendar.

Yet another winter storm is heading for Iowa this week, but spring rains aren’t too far off. Gardeners and anyone who cares about conserving water and reducing runoff may be interested in a sale of rain barrels (all repurposed to keep waste out of landfills). Proceeds benefit the non-profit 1000 Friends of Iowa, specifically to “support the development of an educational exhibit which focuses on land use and water as it relates to run-off from non-porous surfaces as well as to bring attention to the many uses for collected rain water.” Those uses include watering gardens, washing cars and general housecleaning. Click here for more information about the rain barrels and here to order by February 11.

Continue Reading...

Ten dishonest talking points on the marriage amendment in Iowa

A constitutional amendment to restrict marriage to couples of the opposite sex advanced on January 24 in both a subcommittee of the Iowa House Judiciary Committee and the full committee. House Joint Resolution 6 states, “Marriage between one man and one woman shall be the only legal union valid or recognized in this state.” Iowa Republicans have promised for months to approve a constitutional amendment overturning the Iowa Supreme Court’s 2009 decision striking down the state’s Defense of Marriage Act. This amendment goes further, barring any kind of legal union apart from marriage and therefore any legal recognition for same-sex relationships.  

After an emotionally charged subcommittee hearing with more than 200 observers present, Republicans Dwayne Alons and Chris Hagenow voted to advance the amendment, while Democrat Beth Wessel-Kroeschell voted no. Later in the day, the full House Judiciary Committee approved the bill on a 13 to 8 vote. Democrat Kurt Swaim joined all 12 Republicans in voting yes, while the other Democrats on the committee voted no. Click here for a list of House Judiciary Committee members.

Reading the news coverage of yesterday’s debate, I was struck by how many misleading talking points were used to justify denying rights and privileges to thousands of Iowans.  

Continue Reading...

Iowa GOP would ban civil unions as well as same-sex marriage

Nearly the entire Iowa House Republican caucus is co-sponsoring House Joint Resolution 6, a constitutional amendment that would ban not only same-sex marriages, but also civil unions and domestic partnerships for same-sex couples in Iowa. The bill was introduced today, although the text of HJR 6 is not yet available on the legislature’s official website.

Fifty-six of the 60 Republicans in the Iowa House are listed as sponsors of the bill. No Democrats have signed onto the bill as a sponsor.

Rep. Dwayne Alons, R-Hull, is leading the resolution and said he offered it to all Republicans to sign as sponsors as well as some Democrats.   Democrats and the four Republicans declined to sign this version, he said.

The four Republicans who declined to sign are Reps Steve Lukan of New Vienna, Peter Cownie of West Des Moines, Scott Raecker of Urbandale and David Tjepkes of Gowrie.

Cownie told the Des Moines Register’s Jason Clayworth that he plans to vote for the bill on the House floor, and I assume Lukan, Raecker and Tjepkes will too.

Once upon a time, Republicans pretended they didn’t mean to write discrimination into the state constitution, they only wanted to protect a traditional definition of marriage. I’m “shocked, shocked” to learn that Republicans want not only to exclude some couples from civil marriage, but also to foreclose any legal recognition of or protection for same-sex relationships.

That position clearly does not reflect popular opinion in Iowa. Even before the Varnum v Brien ruling, a Hawkeye poll conducted in March 2009 found that 26 percent of Iowans supported same-sex marriage rights and another 28 percent supported civil unions, while just 37 percent opposed any legal recognition of same-sex relationships and 9 percent did not know. An Iowa poll this month by Public Policy Polling did not ask about civil unions but found that 41 percent of respondents supported same-sex marriage rights. In the same poll, 52 percent of respondents said same-sex marriage should not be legal, but presumably a significant portion of that group would back civil unions or some form of legal protection.

Senate Majority Leader Mike Gronstal has said he will block any marriage amendment from coming to a vote in the upper chamber, so Iowa House approval is probably the end of the road for House Joint Resolution 6 this session. If the GOP wins an Iowa Senate majority in 2012, this kind of amendment would likely pass in 2013. Republicans would have to hold both chambers of the legislature and pass the bill again in 2015 or 2016 in order to get a marriage amendment on the November 2016 ballot. A simple majority of yes votes would be needed to approve the amendment.

One Iowa is urging supporters of marriage equality to contact their state representatives and senators immediately. It might be worth mentioning that New Hampshire Republicans, who control both chambers of the legislature, have decided not to try to repeal same-sex marriage rights this year. The GOP leader of the New Hampshire House, D.J. Bettencourt, has said “social issues must take a backseat” to legislation focused on jobs and the economy.

UPDATE: Alons showed the logical reasoning skills that make him one of Iowa’s most clueless legislators when speaking to the Des Moines Register yesterday:

“I think the biggest issue is that if that (a same-sex marriage ban) is carried forward, and then Iowa does civil unions and recognizes that as a substitute status, then, from what I’ve seen in other states,” people would come to consider same-sex civil unions as equal to marriage, Alons said.

Continue Reading...

Justice Cady's state of the judiciary speech thread

Iowa Supreme Court Chief Justice Mark Cady addresses the Iowa legislature this morning in what will surely be the most-watched ever state of the judiciary speech. Iowa Public Television is carrying the live feed at 10 am, and I’ll liveblog after the jump. Cady is the senior justice remaining on the high court, having been appointed by Governor Terry Branstad in 1998. He is also the author of the 2009 Varnum v Brien ruling, which struck down Iowa’s Defense of Marriage Act. That decision sparked a successful campaign against retaining Chief Justice Marsha Ternus and Justices Michael Streit and David Baker in November. The four remaining justices chose Cady to serve as chief justice until replacements for Ternus, Streit and Baker have been appointed.

So far 61 people have applied for a position on the Iowa Supreme Court. The current list is here, but more applications may come in by the deadline (January 14). So far applicants include 10 women and 51 men from many different towns and cities of the state. Most are in their 40s or 50s. The few applicants in their 30s include both U.S. attorneys appointed by George W. Bush for Iowa (Matt Whitaker and Matt Dummermuth). One Republican state legislator, Iowa House Judiciary Committee Chair Rich Anderson, has applied as well. The Des Moines Register noted that one applicant, University of Iowa law professor Angela Onwuachi-Willig, submitted a brief in support of same-sex marriage when the Supreme Court was considering the Varnum v Brien case. Another applicant, Michael Keller, has praised that ruling, which allowed him to marry his partner.

State Court Administrator David Boyd told the Des Moines Register that “he was ‘very pleased, and maybe a little surprised’ with the quality and number of applicants, given the intense public scrutiny on the court since the election.” The state judicial nominating commission “welcomes written comments from the public about the qualifications of any of the applicants.” After interviewing the candidates, the judicial nominating commission will send a short list of nine names to Branstad, who will fill the three vacancies.

P.S. This week a report by the National Institute on Money in State Politics summarized the independent expenditures in last year’s retention campaign. Supporters of retaining Ternus, Streit and Baker were vastly outspent by groups seeking to oust the justices.

UPDATE: Liveblog starting now after the jump. Iowa Public TV will rebroadcast the speech at 9:30 pm on Wednesday.

THURSDAY UPDATE: House Judiciary Committee Chair Anderson seems to be closing the door on impeachment.

Rep. Rich Anderson, R-Clarinda, said he personally believes that the justices’ actions in issuing a ruling that in effect legalized same-sex marriage do not meet the standard for impeachment spelled out in the Iowa Constitution: “misdemeanor or malfeasance in office.” The court ruled that an Iowa law limiting marriage to a man and a woman was unconstitutional.

He said his gut reaction is that the yet-to-be-filed bill won’t make it out of his committee, one of the first steps in the legislative process.

“I don’t believe there’s any likelihood of impeachment,” Anderson said.

I’ve posted more reactions to Cady’s speech from state legislators below.  

Continue Reading...

Events coming up during the next two weeks

This week is a big one in Iowa politics, with the state legislature’s 2011 session starting Monday and Terry Branstad’s inauguration for a fifth term as governor on Friday. Several non-profits are organizing members and supporters to lobby legislators as well. Event details are after the jump.

One of my new year’s resolutions is to post event calendars regularly at Bleeding Heartland. Activists and politicians can help by sending your event notices to me: desmoinesdem AT yahoo.com. Please post a comment if you know of something I’ve left out.

Continue Reading...

Weekend open thread: Odds and ends

Time with extended family means less time for blogging, so I’m posting the weekend open thread early. Here are some links to get the conversation going.

Rural voters were a crucial factor helping Republicans retake the U.S. House. Of the 125 most rural Congressional districts, Republicans held all 64 seats they had going into the election and flipped 39 Democratic districts (that alone would have been enough to give them a majority). Going into the election, Democrats held 61 of the 125 most rural Congressional districts. Now they hold only 22 of those districts, including IA-01 (Bruce Braley) and IA-02 (Dave Loebsack).

Smart Politics looked at what it calls “Iowa’s Schizophrenic 2010 Electorate” and observed, “Never before in the history of Iowa elections have Republicans won a majority of seats in the Iowa House while Democrats won a majority of the Hawkeye State’s U.S. House seats.”

I listed the Iowa House and Senate Democrats before and after the election, grouped by Congressional district. Bleeding Heartland user American007 created red and blue Iowa maps showing which parties held state House and Senate districts before the election and after.

Fred Karger, a Republican political strategist and gay activist who’s exploring a presidential bid, has been running this commercial on the Fox network this week in Des Moines, Cedar Rapids, Quad Cities, Mason City, Ames, Burlington and Fort Dodge. Have you seen it? Hard to imagine a strong base of support for Karger in Iowa, but I’m glad a moderate may be running for president on the Republican side.

If Indiana Governor Mitch Daniels runs for president in 2012, some Iowa Republicans will not forgive him for supporting merit-based judicial selection in his state.

Former Arkansas Governor Mike Huckabee said all the “right” things about Iowa judges during his recent Des Moines visit. But this week Huckabee described the controversial searches of airline passengers as a “humiliating and degrading, totally unconstitutional, intrusion of their privacy.” Uh oh! Social conservatives don’t typically acknowledge that there is a constitutional right to privacy. That dreaded “penumbra” underlies U.S. Supreme Court rulings affirming reproductive rights.

I learned this week that New Hampshire has some elected Republican officias who support marriage equality. It’s not clear whether there are enough of them to stop large GOP majorities from repealing same-sex marriage rights in that state. I wonder when (if ever) a current Republican office-holder in Iowa will defend equality.

Iowa First Lady Mari Culver says she accomplished what she set out to do during her husband’s term as governor, and her kids are excited to be moving back to their West Des Moines home full-time.

What’s on your mind this holiday weekend?  

Gronstal re-elected leader and other Iowa Senate news

The Iowa Senate Democratic caucus on November 14 re-elected Mike Gronstal as majority leader and Jack Kibbie as Senate president. Five senators will serve as assistant majority leaders: Joe Bolkcom of Iowa City, Bill Dotzler of Waterloo, Wally Horn of Cedar Rapids, Amanda Ragan of Mason City, and Steve Sodders of State Center. Linn County Supervisor Brent Oleson got Iowa Republicans excited on Saturday by tweeting that Horn would challenge Gronstal, but according to this Des Moines Register report by Jennifer Jacobs, “No one mounted a challenge for either leadership role, several senators said.”

More Iowa Senate news is after the jump.

Continue Reading...

Is failure on gay marriage more valuable to Republicans than success?

Senate Democratic Leader Mike Gronstal promised this week to block an Iowa Senate vote on a constitutional amendment to ban same-sex marriage, even if a majority of senators sign a petition asking for a vote. The Republican reaction to Gronstal’s comments makes me wonder whether gay marriage will be in the coming decade what the death penalty was to Iowa Republicans in the 1980s and 1990.

Reinstating the death penalty was a major theme in all of Terry Branstad’s previous election campaigns. But as governor he didn’t deploy his political capital to push that bill through the state legislature, even when Republicans controlled both chambers during his last two years in office. Many Iowa Democrats believed Branstad valued having the issue to run on more than he cared about the policy.

In light of Tuesday’s election results, Republicans sound surprisingly resigned to failure on passing a marriage amendment in the new legislature.

Continue Reading...

Supreme Court justices pay price for upholding equality

The retention election results for Iowa Supreme Court justices were a particularly low point on a generally dismal night. Never before had Iowans failed to retain a Supreme Court justice. Thanks to one unpopular ruling, unofficial results show Chief Justice Marsha Ternus received 45.0 percent yes votes and 55.0 percent no votes. Justice David Baker received 45.75 percent yes and 54.25 percent no. Justice Michael Streit received 45.6 percent yes and 54.4 percent no. Ternus spent 17 years on the high court, four of them as chief justice. Streit served for nine years and Baker just two.

It was bad luck that so many justices came up for retention in the first year following the Varnum v Brien ruling. The Des Moines Register reported that only Supreme Court Justice David Wiggins is up for retention in 2012, and the other three current justices won’t face the voters until 2016. The last group includes Justice Mark Cady, who wrote the decision striking down Iowa’s Defense of Marriage Act.

All lower-court Iowa judges appear to have been retained, including three who were targeted by some social conservatives. In Polk County, fifth circuit District Court Judge Robert Hanson received 66.34 percent yes votes, and District Court Judge Scott Rosenberg received 68.84 percent yes votes. Robocalls paid for by a conservative group urged Polk County residents to reject both judges. Hanson issued the lower-court ruling in Varnum v Brien in August 2007. Rosenberg signed a waiver allowing two men to marry after Hanson’s decision was announced, before an appeal put a stay on that decision.

In Sioux City, third circuit District Court Judge Jeffrey Neary received 58.5 percent yes votes. Conservatives tried and failed to oust him in 2004 and again this year, because in 2003 he granted a divorce to a lesbian couple who had a civil union from Vermont. At the time, Neary didn’t realize both parties seeking that divorce were women.

The judicial retention vote doesn’t affect same-sex couples’ marriage rights in Iowa. Voters rejected an initiative to call a constitutional convention, so the only way to overturn marriage equality would be to pass a constitutional amendment through the normal path. The new Republican majority in the Iowa House will approve a constitutional amendment restricting marriage to one man and one woman. Senate Majority Leader Mike Gronstal may or may not be able to keep that amendment from passing the Iowa Senate. If the legislature approves a marriage amendment in 2011 or 2012, a separately elected Iowa House and Senate would have to approve it again in 2013 or 2014 before it could appear on the 2014 general election ballot. At that point, the amendment would require a simple majority of yes votes statewide to be added to the Iowa Constitution.

Share any relevant thoughts in this thread.

Three reasons the anti-retention "Judge Bus" will backfire

On Monday, Family Research Council Action and the National Organization for Marriage will launch a “Judge Bus Tour” to campaign against retaining Iowa Supreme Court justices Marsha Ternus, Michael Streit and David Baker. Organizers will take their bus through 45 Iowa counties, stopping at 20 planned rallies. Featured speakers at the rallies will include nationally-known heroes on the religious right: Family Research Council Action President Tony Perkins, National Organization for Marriage President Brian Brown, Representative Steve King of Iowa’s fifth Congressional district, and former Senator Rick Santorum of Pennsylvania.

My hunch is the big purple judge-hating bus will drive more votes toward retaining than ousting the Supreme Court justices.

Continue Reading...

Coalition against Iowa Supreme Court justices launches second tv ad

The Iowa for Freedom coalition launched another statewide television commercial today urging Iowans to vote against retaining Supreme Court justices Marsha Ternus, Michael Streit and David Baker. The concept and images strongly resemble the coalition’s first tv ad on the subject, which started running in mid-September.

Video, transcript and comments are after the jump.

Continue Reading...

Moderate Republicans co-chair new group for retaining Supreme Court justices (updated)

Former Republican Governor Bob Ray is co-chairing a new group that will urge Iowans to retain three Supreme Court justices who are on the ballot:

The group, Fair Courts for US, plans to stage a direct mail and media advertising campaign as part of a statewide grassroots answer to several conservative advocacy groups that are urging Iowans to vote against retention of Chief Justice Marsha Ternus as well as Justices Michael Streit and David Baker.

Three of the four co-chairs are prominent Republicans: Ray, who was governor from 1969 to 1983, Art Neu, who was lieutenant governor from 1973 to 1979, and Sioux City attorney Dan Moore, a past-president of the Iowa State Bar Association and former secretary and treasurer of Bob Vander Plaats’ gubernatorial campaign. The fourth co-chair is Democrat Christie Vilsack, who was first lady from 1999 to 2007.

[Moore] said there are other avenues available to those who disagree with a court decision, such as appealing to a higher court or amending the state constitution, rather than targeting a judge or justice up for retention based just on one decision.

“The courts are accountable to the constitution and to the rule of law and not politicians. It’s not a popularity contest that’s run here,” Moore said. “(In) our system of justice, courts must look at the facts. They must apply the laws and make a determination for an outcome of a case. Our citizens deserve the very best courts that they can have access to and that’s what they have today.” […]

“Our system is far and away superior to those states where judges are elected every four years. That’s why Fair Courts For Us is urging Iowans to take a stand and vote ‘yes’ to retain the justices and preserve our system of jurisprudence,” Ray said.

I wish this effort every success, but I don’t know how much grassroots work can be accomplished with less than three weeks left before the election. According to the Secretary of State’s Office, nearly 250,000 Iowans had requested absentee ballots as of October 14, and nearly 120,000 ballots had already been returned.

I hope Fair Courts for Us has television and radio commercials featuring Ray ready to launch as soon as possible. Ray commands tremendous respect among Iowans who remember him as governor, and older Iowans are least likely to support the Supreme Court’s Varnum v Brien decision on marriage. Backers of the Iowa for Freedom effort to oust the judges have been advertising statewide for a month already and have spent hundreds of thousands of dollars on the campaign.

Two other groups are trying to educate the public about the benefits of Iowa’s current judicial system: the Justice, Not Politics coalition and Iowan for Fair & Impartial Courts. However, those advocates are not explicitly urging Iowans to vote yes on retaining Ternus, Streit and Baker.

UPDATE: Fair Courts for Us started running this 60-second radio commercial in seven major Iowa markets on October 15. My transcript:

Sound of football game, tackle, referee’s whistle, sports announcer’s voice: And the flags are flying. Looks like a questionable call.

Referee’s voice: Unnecessary roughness.

Sports announcer: I think we’re gonna see some fans calling for these refs’ jobs.

Bob Ray: Listen, we’ll never agree with every call, but you shouldn’t fire the good referees over just one call. The same is true for the Iowa Supreme Court. I’m Bob Ray, a Republican and former Iowa governor. The Iowa Supreme Court has been making solid judgments over the years. The court protected Iowa families by requiring convicted sex offenders to live at least 2,000 feet away from a school or child care center, protected Iowa seniors, and protected our individual property rights. Please join me, Bob Ray, in turning over the ballot and voting yes, yes, and yes to retain the Iowa Supreme Court. There’s enough politics out there. We don’t need it in our courts.

Announcer: Paid for by Fair Courts for Us.

I wouldn’t have picked Iowa’s ineffective sex-offender residency restrictions as the best example of how the Supreme Court has worked for Iowans. This law clusters sex offenders in a few areas, and “many of those who work most closely with sex offenders and say restrictions are not working and public safety would benefit from change.” That’s not to say the Supreme Court’s decision on this law was incorrect (similar laws have been upheld in other states), but Iowans weren’t “protected” by the law.

In any event, this commercial is obviously targeting a conservative audience who might be inclined to vote against the judges, as well as senior citizens who probably remember Ray as governor.  

Continue Reading...

Iowa Catholic Conference backs constitutional convention, not ousting judges

The Iowa Catholic Conference this week endorsed a ballot initiative calling for a constitutional convention, which church leaders view as a path to banning same-sex marriages. Democrats have blocked several efforts to bring a marriage amendment to the floor of the Iowa House and Senate.

More details on Catholic advocacy against marriage equality are after the jump.  

Continue Reading...

Case against Iowa Supreme Court justices hits tv screens

Iowa for Freedom, the group seeking to oust three Iowa Supreme Court justices this November, began running a statewide television commercial on Monday.

The ad echoes language Iowa for Freedom chair Bob Vander Plaats used during his gubernatorial campaign, and it reflects the same failure to understand the judicial review process.

The video and transcript are after the jump, along with an update on the counter-effort to protect judicial independence in Iowa.

Continue Reading...
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 28