# Marriage Equality



Judge rules part of federal Defense of Marriage Act unconstitutional

In two cases that could affect married same-sex couples in Iowa, federal Judge Joseph Tauro ruled Section 3 of the federal Defense of Marriage Act unconstitutional today, Lisa Keen reported for Bay Windows. Regarding Commonwealth of Massachusetts v. Health and Human Services,

Maura T. Healey, chief of the Massachusetts Attorney General’s Civil Rights Division, told Judge Tauro that Section 3 of DOMA — the section that limits the definition of marriage for federal benefits to straight couples — violates the state’s right under the federal constitution to sovereign authority to define and regulate the marital status of its residents. Healey called DOMA an “animus-based national marriage law” that intrudes on core state authority and “forces the state to discriminate against its own citizens.”

Christopher Hall, representing HHS, said Congress should be able to control the meaning of terms, such as “marriage,” used in its own statutes, and should be able to control how federal money is allocated for federal benefits provided to persons based on their marital status. Tauro essentially replied that the government’s power is not unlimited.

The other case was Gill v. Office of Personnel Management, brought by Gay & Lesbian Advocates & Defenders (GLAD):

GLAD attorney Mary Bonauto told Tauro that DOMA constitutes a “classic equal protection” violation, by taking one class of married people in Massachusetts and dividing it into two. One class, she noted, gets federal benefits, the other does not. Just as the federal government cannot take the word “person” and say it means only Caucasians or only women, said Bonauto, it should not be able to take the word “marriage” and say it means only heterosexual couples. Bonauto said the government has no reason to withhold the more than 1,000 federal benefits of marriage from same-sex couples, and noted that a House Judiciary Committee report “explicitly stated the purpose of DOMA was to express moral disapproval of homosexuality.”

Keen notes that the plaintiffs in both cases asked the judge to apply a strict scrutiny standard, which “requires the government to come up with a fairly significant reason for treating gay couples differently under the law.” Judge Tauro found that Section 3 of DOMA fails even a “rational basis” standard, which is easier for the government to satisfy.

If today’s rulings are upheld by the First Circuit U.S. Appeals court or the U.S. Supreme Court, hundreds of Iowa couples married since April 2009 may be able to receive federal benefits.

UPDATE: Andrew Cohen, CBS News Radio Chief Legal Analyst and Legal Editor, is going through the rulings. He notes Judge Tauro held that Congress has no interest in uniform definition of marriage rights and that the federal government should have left marriage policy to the states. In addition, the judge determined that “facts upon which DOMA was based [are] now obsolete or at least overshadowed by more recent science on same-sex marriage-childrearing.”

SECOND UPDATE: Speaking of marriage equality, NBC has opened up a wedding contest to same-sex couples. Initially only heterosexual couples were eligible to enter.

THIRD UPDATE: The Constitutional Law Prof blog summarized Judge Tauro’s legal reasoning and posted links to pdf files of both rulings.

FOURTH UPDATE: Adam Bink discusses the debate in LGBT circles on whether it would be better or worse for the U.S. Department of Justice to appeal this ruling.

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Kim Reynolds on the campaign trail

Republican gubernatorial nominee Terry Branstad announced last week that he would send his running mate, State Senator Kim Reynolds, to campaign in the 25 counties where Bob Vander Plaats received more votes than Branstad in last month’s primary. (You can download the official canvass by county here.) Branstad told reporters, “My plan is to send Kim Reynolds to every area where Bob Vander Plaats was strong so they get to see her and know her because I think to know her is to love her.”

Over the holiday weekend, Reynolds walked some of the state’s largest parades with Branstad in Urbandale and West Des Moines, but she also covered parades in Dallas County, where Vander Plaats almost matched Branstad’s vote, and in Humboldt and Jasper counties, where Vander Plaats racked up sizable margins on June 8.

Reynolds has made a point to meet with Vander Plaats supporters when visiting counties Branstad carried, such as Henry and Union. Reynolds’ political experience relates mostly to fiscal matters, and economic and budget issues are at the forefront in her stump speech, but she makes sure her activist audiences know that she’s “pro-life” and for a constitutional amendment to ban same-sex marriage. Yesterday Reynolds spoke to Republicans in Carroll, the only county carried by State Representative Rod Roberts in the GOP gubernatorial primary. After the event she told journalist Douglas Burns that she believes abortion is “equivalent to murder.” She then dodged several follow-up questions regarding what she views as an appropriate penalty for women who have abortions or doctors who perform them.

Interestingly, Reynolds told Burns that while she believes marriage should be for one man and one woman, she’s not necessarily against sother forms of legal recognition for same-sex couples:

“We could take a look at civil unions,” Reynolds said. “There are other options maybe that I would be in favor of looking at.”

She added, “They can do civil unions. I think they can get to some of the same place that they want to look at.”

I suspect that position is not popular with the social conservatives Reynolds is courting. A University of Iowa Hawkeye poll taken in the spring of 2009 found that about 37 percent of respondents statewide opposed any legal recognition for same-sex couples. Presumably that group includes the Republicans most energized against gay marriage.

Reynolds’ position might resonate with many moderates, because the same Hawkeye poll from 2009 indicated that about 28 percent of Iowans oppose gay marriage but support civil unions. (About 26 percent of respondents in that poll expressed support for same-sex marriage rights.) That said, I wouldn’t be surprised to see the Branstad campaign walk back her comments on civil unions if they are widely reported. A few months ago, Branstad suggested that he was open to legal protections for gay couples as well as gay adoption. His campaign spokesman quickly backpedaled.

Share any thoughts about the governor’s race in this thread.

UPDATE: That didn’t take long. Conservative blogger Shane Vander Hart posted the Branstad campaign’s reaction to Reynolds’ comments on civil unions:

Sen. Reynolds’ position on civil unions mirrors that of Gov. Branstad’s. They do not favor state-sanctioned civil unions, but would not have the government step in to prevent private companies and entities from extending same-sex benefits if they so choose.

Vander Hart comments,

(Scratching my head)

That’s not what she said.  If she doesn’t favor state-sanctioned civil unions why would she say she is open to them?  There’s a disconnect there.

While on one hand I’m glad she believes that Iowans deserve to vote on the definition of marriage, when she said “the definition of marriage is between one man and one woman from a religious aspect” she failed to acknowledge that the definition of marriage has civil and not just religious implications.

She pretty much articulated what Governor Chet Culver believes in the matter, or at least says he believes regarding the definition of marriage.

SECOND UPDATE: Craig Robinson of The Iowa Republican blog sees the Branstad/Reynolds campaign as unprepared to deal with social issues:

The clarification offered by the Branstad campaign does little to clean up the situation.  The question that Reynolds was asked had nothing to do with private companies that provide benefits to same sex couples. The question that she was asked was about the impact that gay marriages have had on Iowa, and her position on the matter.  She is the one who brought up the term “civil unions.”

When TheIowaRepublican.com reminded the Branstad campaign about Reynolds’ exact statement, a spokesman responded by saying, “Kim used the reporter’s phrase to describe what she was referring to, which is the ability of private entities to offer partnership benefits.  She does not support state-sanctioned civil unions.”

Reynolds’ answer and the Branstad campaign’s attempt to clarify the matter raise a number of questions about their understanding of the marriage issue in Iowa and the campaign’s ability to properly prepare Reynolds for the number of questions that she will face while on the campaign trail.

This is the second time since the June 8th primary that the Branstad campaign has stubbed its toe on social issues.  The first came when Planned Parenthood endorsed Governor Culver and the Branstad campaign failed to offer any comment to KCCI, central Iowa’s highest rated TV news station.

THIRD UPDATE: Jason Hancock reviews more Iowa conservative reaction to Reynolds’ comments.  

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Branstad sticking with Doug Gross playbook

Terry Branstad made it official this morning, picking State Senator Kim Reynolds to be the Republican candidate for lieutenant governor. Reynolds is a former Clarke County treasurer and past president of the Iowa county treasurer’s association who was elected in 2008 to represent Senate district 48 in southern Iowa. The Des Moines Register’s Tom Beaumont published more background on Reynolds here. His piece depicts her as “solid on core GOP issues” and “focused on economic development.”

Looks like Branstad has picked precisely the kind of candidate his former chief of staff Doug Gross would want on the Republican ticket.

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Weekend open thread: Best places for families edition

This week Forbes released its 2010 list of “America’s Best Places to Raise a Family,” and the Des Moines/West Des Moines metro area ranked number one. Methodology:

To find the cities where families fare best, we ranked America’s 100 largest Metropolitan Statistical Areas in seven categories. Using numbers from the U.S. Census Bureau, the Federal Bureau of Investigation, Sperling’s Best Places and Moody’s Economy.com, we looked at the cost of living, prevalence of home ownership, median household income, housing costs, commute time, crime and the percentage of young adults that graduate high school.

The Des Moines metro topped the list because, “Its young population is more likely to graduate high school than in other cities, and life for most families is safe and affordable. Short average commute times save working parents precious minutes to spend with their families.”

Click here to view the rest of the Forbes report. I was surprised to see that six mid-sized cities on the east coast made the top 10 list.

Speaking of surprises, you may enjoy this One Iowa story about two men who decided to get married in Pella, where they live. Even in that famously conservative small town, they have found growing acceptance of their relationship and marriage.

This is an open thread. What’s on your mind this weekend?

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More good news for marriage equality in Iowa

The result was overshadowed by other competitive races, but Democratic voters in Iowa House district 66 produced a big victory for marriage equality yesterday. Elder Clair Rudison, a socially conservative pastor, challenged two-term State Representative Ako Abdul-Samad. Rudison sent out at least five direct-mail pieces attacking Ako’s record, two of which mentioned gay marriage (I posted those here).

Most Iowa politics-watchers were confident Ako would win this primary, but in a low-turnout environment anything can happen, so I was relieved to see Ako won 75 percent of the vote yesterday. The result is important because the only Iowa House Democrat who has consistently worked with Republicans to bring a constitutional amendment on marriage to a vote is retiring this year. If Rudison had won the primary, Republicans would be able to continue to claim bipartisan support for their battle against equality and reproductive rights.

One Iowa released a statment on the House district 66 results. Excerpt:

Voters rejected the negative and divisive tactics he and the Iowa Family Policy Center used to try to smear his opponent. “We congratulate Rep. Ako Abdul-Samad on his decisive victory and welcome his continued leadership at the statehouse,” said Jenison.

Chuck Hurley and his followers at the Iowa Family Policy Center recruited Clair Rudison to run against long-time community activist and current state representative Ako Abdul-Samad in the Democratic primary simply because Abdul-Samad supports marriage equality for all Iowans.

“For more than a year, the Iowa Family Policy Center said repeatedly that the legislative elections in 2010 will be about one thing: gay marriage,” said One Iowa Executive Director Carolyn Jenison. “Tonight’s results prove them wrong. Iowans are not interested in writing discrimination into our constitution. They are concerned with creating jobs, improving our schools, and moving our state forward.”

The recent Research 2000 Iowa poll for KCCI-TV should be a warning to Republicans who think bashing gay marriage will be their winning ticket in November. About 53 percent of respondents said they favored marriage rights for same-sex couples, while only 41 percent opposed them. KCCI’s managing editor for internet broadcasting provided the cross-tabs for that part of the poll. They indicate that support for equality is stronger among women (57-36) than among men (49-46). The KCCI poll showed independents supporting same-sex marriage rights by 58-31, closer to the Democratic numbers of 81-17 than to the Republican respondents, who oppose marriage equality by 83-14.

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Attack mailers target Ako in Iowa House district 66

A critical Democratic primary contest is taking place in House district 66, where Clair Rudison is challenging two-term State Representative Ako Abdul-Samad. I discussed this race here. A Bleeding Heartland reader who lives in the district sent me images of direct-mail pieces Rudison’s campaign has sent out during the last week or so. I’ve posted the images after the jump. One says marriage is a “building block of our community,” noting that Clair Rudison wants to “let the people vote” while Ako Abdul-Samad “has consistently voted against allowing the Iowa House to bring this matter to the people.” Another points out that Ako voted for increasing vehicle registration fees. A third says Ako voted for creating the Iowa Film Office and therefore “opened the door for your tax money to be stolen by Hollywood producers.” The fourth piece draws a contrast between Ako and Rudison on all of the above issues (Iowa Film Office, vehicle fee increases, and allowing Iowans to vote on marriage).

Rudison implies that “a majority of Iowans” oppose Ako’s stance on marriage equality, but the latest KCCI poll suggests a majority favor same-sex marriage rights. House district 66 contains some of the most gay-friendly neighborhoods in Des Moines (Drake area, Sherman Hill, “East Village”), so it’s far-fetched to portray Ako as out of step with his constituents.

Rudison unfairly alleges on one mailer, “Instead of tax dollars being spent to fight crime, improve education or increase access to health care, Ako gave our money to Hollywood.” During Ako’s two terms in the Iowa House, Democrats have allocated lots of money to fighting crime, improving education and expanding access to health care, especially for children. I’m no fan of the film tax credit, but the money we wasted on that program didn’t stop Democrats from expanding children’s health care and voluntary preschool for four- and five-year-olds. I was amused to read that Rudison claims to have “opposed creation of the Film Office.” Is there a public record of that? Only one member of the Iowa House and two members of the Iowa Senate voted against creating the film tax credit. Rudison was a pastor in Fort Dodge at the time.

In an overview of this race at Iowa Independent, Jason Hancock noted that Rudison “has focused his campaign on issues like education and the state budget, pointing to the Forrest Avenue Library’s decision to close on Fridays and Saturdays due to budget cuts […].” Although Rudison hasn’t said much about gay marriage, the Iowa Family PAC (which is connected to the Iowa Family Policy Center) is supporting his campaign. Activists on the religious right have reason to support Rudison because no Republican has a prayer of winning House district 66. In addition, the only House Democrat who has consistently voted with Republicans on marriage issues (Dolores Mertz) is retiring. House Republicans would love to have Rudison join the Democratic caucus so they can continue to claim bipartisan support for their efforts to bring a constitutional amendment on marriage to a vote.

Ed Fallon represented House district 66 for 14 years and knows the area well. I share his assessment that Ako “should win this [primary] easily, but he’s not taking anything for granted, which is smart.” Ako has strong roots in the community, and he won a seat on the Des Moines School Board before running for the state legislature. He’s been making lots of voter contacts and has the endorsement of AFSCME. One Iowa’s political action committee, the Fairness Fund, has an organizer working in the district too. However, Rudison has been campaigning actively, and I don’t doubt there are many voters upset about budget cuts affecting their families, schools and local library. If you or any of your Democratic friends live in this district, please do what you can to get out the vote for Ako on Tuesday.

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New Register poll sees Branstad cruising in GOP primary

About 57 percent of likely Iowa Republican primary voters support Terry Branstad, according to a new poll by Selzer and Co. for The Des Moines Register. Just 29 percent plan to vote for Bob Vander Plaats, and 8 percent plan to vote for Rod Roberts. The Des Moines Register poll surveyed 1,793 Iowans at least 18 years old, and the sub-sample of Republican primary voters included 501 people. (That included independents who said they planned to vote in the GOP primary; Iowa allows people to change their party registration on primary election day.) The poll was in the field from June 1 through June 3, and results for the likely Republican voters have a margin of error of plus or minus 4.4 percent.

Two other recent Iowa polls by Public Policy Polling and Research 2000 for KCCI have found Branstad comfortably ahead of Vander Plaats and Roberts but below 50 percent. In the 2002 Republican primary, Vander Plaats did much better than his final poll numbers, but he benefited that year from a highly negative campaign between Steve Sukup and Doug Gross.

This primary might have played out differently had Vander Plaats had more resources to make his case. About 34 percent of likely Republican primary voters weren’t sure whether they had a favorable or unfavorable opinion of Vander Plaats, and 60 percent said the same about Roberts. Branstad not only is much better known, he also scored highest on attributes like “best ideas for bringing new jobs to Iowa” and “best able to curb government spending” (which is laughable when you consider Branstad’s record on fiscal issues).

I will never understand why the Club for Growth and other national right-wing organizations decided not to get involved in the Iowa governor’s race. Given the way the national conservative movement pushed Marco Rubio against Florida Governor Charlie Crist, you’d think they would have some issues with Branstad (who received a “D” grade from the Cato Institute when he was governor).

Selzer’s poll for the Des Moines Register also asked likely Republican primary voters several questions about gay marriage. While 77 percent of them agreed that “Iowans should have a chance to vote on changing the constitution to specifically ban gay marriage,” I was surprised to see that 20 percent of likely Republican voters disagreed with that statement.

Meanwhile, only 50 percent of likely GOP primary voters agreed that “Iowans should vote to remove current Supreme Court justices from their office because of their decision on gay marriage.” An amazing (to me) 45 percent disagreed with that statement. Regarding the statement, “Some Iowans have overreacted to this issue, and having gay marriage in Iowa is just not that big a deal,” 35 percent of likely Republican primary voters agreed, while 62 percent disagreed.

Share any thoughts about the Des Moines Register’s poll in this thread.

Poll shows majority of Iowans favor marriage equality

Research 2000’s latest Iowa poll for KCCI-TV contains good news for supporters of marriage equality. The survey asked, “Now that more than a year has gone by since the Iowa Supreme Court legalized same-sex marriage, do you favor or oppose marriage rights for same-sex couples?” 53 percent respondents said they favor those rights, 41 percent opposed them and 6 percent were unsure.

I haven’t seen the full poll results, showing support for same-sex marriage rights among men, women, Democrats, Republicans and independents. I will update this post with a link to the cross-tabs when I find them. Bryan English of the Iowa Family Policy Center told KCCI he didn’t think the poll was representative of Iowans’ views, but several other statewide polls have shown that the majority of Iowans are not eager to overturn marriage equality. As time passes, public acceptance should increase if the experience of Vermont and Massachusetts are guides.

The KCCI poll also found that 62 percent of respondents support legalizing medical marijuana in Iowa, 33 percent oppose doing so and 5 percent are unsure.

Getting back to the same-sex marriage issue, I give huge credit to the Libertarian candidate for Iowa governor, Eric Cooper. On Thursday he made the case for tolerance while speaking to the Ames Conservative Breakfast Club.

Here’s my rough transcript of the first part of this clip:

You know who the Pilgrims were? The Pilgrims were a group of people in England, and everybody in England hated their guts. And you know what they did? They came to America to live here. And the reason–they came here because we were the land of the free. We started the land of the free. That is, even if everyone in surrounding society hates your guts, in America as long as you’re not hurting other people and their property, you can live the way that you want, as long as you’re being peaceful.

To me, that’s the most American story there is. If you’re a peaceful person who’s not hurting other people, you get to live your life according to your cultural traditions. OK, well, guess what? There are some homosexuals in America today, and to me, they’re the Pilgrims, ok? Surrounding society doesn’t like ’em very much, but you know what? What America is, is you get to live the way that you want to live. And if their cultural tradition is that they can get married, I think that’s America, to allow them to follow that cultural tradition. No, I don’t think that’s [unintelligible] surrounding society as a whole, and I think if we’re gonna restrict that, we’re not America anymore, we’re England, ok? And we’re better than England, we’re America.

Now people say, “Well shouldn’t we be allowed to vote on marriage and what marriage means in the state of Iowa?” Well, yeah, legally, there are mechanisms by which a sufficiently large supermajority can persecute any minority they want. Yes, legally, we could all vote to persecute the Pilgrims if we wanted to and yeah, legally, we could all vote to say, you know, gay people shouldn’t be allowed to marry if we want to. But that’s not America anymore, ok?

Cooper’s a bit off on the history. The Pilgrims were far from laid-back and accepting of other people’s traditions. In fact, “New England Puritans, long viewed as a persecuted group in England, were the least tolerant of other faiths.” But I cut Cooper slack. He’s a neuroscientist, not a historian, and what he did took guts.

You’d expect a Libertarian addressing a Republican group to focus on likely areas of agreement: reducing taxes and the size of government. Instead of just preaching to the choir, Cooper challenged his audience to think about a charged issue differently. He had to know that most people at that breakfast club oppose what the Iowa Supreme Court did.

Post any thoughts on same-sex marriage in Iowa in this thread. The Des Moines Register reports that Iowa’s leading gay wedding planner may star in a television “docu-reality series” about his work. Beau Fodor created Gay Weddings With Panache soon after the Varnum v Brien decision was announced last year.

UPDATE: On Sunday the Des Moines Register published results from a Selzer and Co. Iowa poll of 501 likely Iowa Republican primary voters, which was in the field from June 1 through June 3. The survey included several questions about gay marriage. About 77 percent of likely GOP primary voters agreed that “Iowans should have a chance to vote on changing the constitution to specifically ban gay marriage,” but 20 percent disagreed with that statement. Meanwhile, only 50 percent of likely GOP primary voters agreed that “Iowans should vote to remove current Supreme Court justices from their office because of their decision on gay marriage.” About 45 percent disagreed with that statement. Regarding the statement, “Some Iowans have overreacted to this issue, and having gay marriage in Iowa is just not that big a deal,” 35 percent of likely Republican primary voters agreed, while 62 percent disagreed. I find those numbers encouraging.

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Culver with Biden in Cedar Rapids thread

Vice President Joe Biden headlines Governor Chet Culver’s re-election rally today in Cedar Rapids. If you are watching in person or online, please share your impressions in this thread. I will update the post later with more coverage of the event. Adam Sullivan is live-tweeting for Iowa Independent.

Yesterday the governor kicked off his campaign at Hoover High School in Des Moines, followed by stops in Ames, Marshalltown and Waterloo. Kathie Obradovich felt Culver’s speech “salvaged” the otherwise low-energy event in Des Moines. After the jump I’ve posted excerpts from Culver’s remarks, which his campaign released. He frames the race as a choice of going backwards “to policies that created this recession” or forward to continue the investments his administration has begun. Culver outlined some goals for the next five years, such as completing rebuilding efforts from the 2008 floods, “making quality pre-school available to every Iowa child whose parents want to take advantage of it,” pursuing stem cell research in Iowa, and “increasing the percentage of our energy production coming from alternative sources from 20% to at least 30%.” Culver chided Republicans who “just say no,” think corporate tax cuts are the answer for every problem and “continue to preach the failed doctrine of trickle down economics.”

In addition to the excerpts you’ll find below, the governor spoke up for protecting a woman’s right to make her own health-care decisions and against writing discrimination into the Iowa constitution. Later in Marshalltown, Culver noted that discrimination is “not the Iowa way […] We’ve always been at the front when it’s come to civil rights.”

Any comments about the governor’s race are welcome in this thread. Speaking of Republicans who want to take us backwards, Terry Branstad’s campaign started running a new ad today, which portrays the former governor as “the change we need now.” I’ll have more to say about Branstad’s campaign message in a different post, but for now I wonder whether he will get away with repeating his lie about Iowa running a “billion-dollar deficit.”

UPDATE: Um, what the heck? Someone get the governor a driver who won’t try to chase another driver down for a stupid reason.

John Deeth liveblogged the Biden event here. Kathie Obradovich tweeted here. Key points of Biden’s message: he’s known Chet Culver since he was seven years old and knows he has “the gumption to handle the job at this time.” Also, with Culver in charge “Iowa is better off than almost every other state in the nation … Iowa is still moving forward.” Biden praised Culver for being ahead of the curve in establishing the Power Fund in 2007:

“Government is not the answer but it can prime the pump and encourage the private sector.”

“45 out of [50] governors, Democrat and Republican, are sitting on their hands. Because of Chet’s leadership Iowa is better prepared.” […]

“What are Republicans FOR? Not a joke. Tell me one affirmative thing the Republican Party is for.”

Good question, Mr. Vice President. Biden also noted that the stimulus bill brought $3.3 billion to Iowa, and said Culver had used $4 billion in federal and state flood recovery money well. Biden said Iowa is on the upswing and has an unemployment rate well below the national average, which is “no accident, it’s because of Governor Chet Culver.”

SECOND UPDATE: Todd Dorman found Biden’s praise for Culver a bit over-the-top. Tom Beaumont’s story for the Des Moines Register is here. Kay Henderson’s liveblog for Radio Iowa is here. She’s captured more quotes from the vice president.

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Iowa Department of Public Health having trouble with marriage equality

When some Republicans tried to convince county recorders not to issue marriage licenses to same-sex couples last April, Iowa Department of Public Health officials made clear that ignoring the Iowa Supreme Court’s Varnum v Brien ruling was not an option. Unfortunately, the IDPH has determined that marriage equality does not require equal treatment for married gay couples who become parents. Now IDPH Director Tom Newton has foolishly decided to fight a lawsuit brought by a married lesbian couple seeking to have the non-birthing spouse listed on their child’s birth certificate. Heather and Melissa Gartner sued senior IDPH officials on behalf of their daughter this week, having tried and failed to resolve the matter through administrative channels.

Based on advice from the Iowa Attorney General’s Office, the IDPH contends that the non-birthing spouse must complete the adoption process in order to be listed as the second parent on a child’s birth certificate, even if the child was born after the parents were legally married. I’m a big fan of Attorney General Tom Miller, but his office blew it on this one.  

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One simple question, three non-answers on marriage

Everyone who moderates a debate this year could learn from the journalists who guided the May 1 Iowa Republican gubernatorial candidates’ debate: Todd Dorman of the Cedar Rapids Gazette, Paul Yeager of Iowa Public Television, and Jeneane Beck of Iowa Public Radio. Too many journalists ask long-winded questions that are easy to evade, or ask about hot topics of no lasting importance, or ask about policies outside the scope of the office the candidates are seeking.

In contrast, almost every question the panelists asked during Saturday’s debate was direct and addressed an issue the next governor of Iowa will face. Here are a few examples:

“Can you name one service government provides today that it should stop providing in the interest of saving the budget?”

“If elected, will you continue to support the Iowa Values Fund, the business grant and loan program created during the Vilsack administration, and also the renewable energy grant program established by Governor Culver known as the Iowa Power Fund?”

“Is there a role that government should play in limiting premium increases by Iowa insurance companies?”

“Do you believe that obesity is a problem that should be addressed through government action such as limiting unhealthy ingredients in food?”

Mind you, asking a direct, unambiguous question doesn’t guarantee that you’ll get a straight answer from a politician. Look what happened when Dorman asked the Republicans, “Can you identify one tangible way Iowa has been harmed during a full year of legal same-sex marriage?”

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Marriage equality anniversary thread

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.

Varnum v Brien anniversary thread and linkfest

One year ago today, the Iowa Supreme Court unanimously ruled that our state’s Defense of Marriage Act violated the equal protection provision of the Iowa Constitution. From the day that ruling went into effect through the end of 2009, 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.

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.  

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Iowa Republicans, make up your minds about "activist judges"

Next week will mark the first anniversary of the Iowa Supreme Court’s ruling in Varnum v Brien. Seven justices unanimously concluded that the section of the Iowa Code enacted through our state’s Defense of Marriage Act violates the equal protection provision of the Iowa Constitution. Since the day that decision was announced, many Iowa Republicans have called for overturning the court’s ruling. Some have denied that county recorders were obliged to implement the ruling, or insisted that government officials may ignore a court’s opinion about the constitutionality of a law. Others have called on Iowans to vote against retaining justices who supposedly overreached their authority. For example, gubernatorial candidate Rod Roberts said last November,

“We need to send a message to the Iowa Supreme Court that they are accountable to the people of Iowa,” said Roberts, who has made restoring the role of the people in state government a centerpiece of his campaign. “The problem with judicial activism is that it thwarts the will of the legislature and of the people of Iowa.”

Now that Congress has approved a health insurance reform bill Republicans don’t like, some GOP politicians have decided judicial activism isn’t so bad after all. Gubernatorial candidate Bob Vander Plaats pledged to “invoke the Constitution’s 10th Amendment to protect Iowans from new federal mandates” on health care. Rod Roberts followed Vander Plaats’ lead:

Roberts said that if the federal government passes a nationalized health care plan that conflicts with the Roberts Amendment, as governor he will file a lawsuit in federal court against President Obama to have the plan struck down as a violation of Iowans’ Tenth Amendment rights. The Tenth Amendment to the U.S. Constitution provides that powers not delegated to the federal government (such as the regulation of health insurance) are reserved for the states.

Gubernatorial candidate Terry Branstad also supported the idea of using the courts to nullify the will of Congress: “Given the massive scope and effect of this [health insurance reform] bill, it is likely that various provisions will be challenged in the courts. Those challenges are both timely and appropriate.”

Any constitutional lawyer can tell you that the U.S. Supreme Court has long affirmed the power of Congress to regulate interstate commerce. Law professor Mark Hall explains in detail here why constitutional arguments against an individual mandate to purchase health insurance are wrong. As for the broader 10th amendment claim that the constitution doesn’t empower the federal government to regulate health insurance, Hall notes, “Congress has ample power and precedent through the Constitution’s ‘Commerce Clause’ to regulate just about any aspect of the national economy.”

Conservative legal scholar Eugene Volokh likewise does not find the constitutional arguments against health insurance reform convincing:

While I agree that the recent commerce clause cases hold that Congress may not regulate noneconomic activity, as such, they also state that Congress may reach otherwise unregulable conduct as part of an overarching regulatory scheme, where the regulation of such conduct is necessary and proper to the success of such scheme. In this case, the overall scheme would involve the regulation of “commerce” as the Supreme Court has defined it for several decades, as it would involve the regulation of health care markets. And the success of such a regulatory scheme would depend upon requiring all to participate. (Among other things, if health care reform requires insurers to issue insurance to all comers, and prohibits refusals for pre-existing conditions, then a mandate is necessary to prevent opportunistic behavior by individuals who simply wait to purchase insurance until they get sick.)

The U.S. Supreme Court could overrule the will of Congress on health insurance reform only by reversing several decades of precedent about the definition of commerce. That’s textbook “judicial activism,” but it’s ok with some Iowa Republicans if it achieves the political end they are seeking.

By the way, Vander Plaats claims that as governor, he could issue an executive order halting same-sex marriages in Iowa. I wonder if he also thinks President Barack Obama could issue an executive order overturning a possible Supreme Court ruling against health insurance reform.

UPDATE: Kevin Drum considers prospects for a lawsuit challenging the individual mandate to buy health insurance. He makes the same point about Congressional authority to regulate interstate commerce and adds,

What’s more, the penalties for not buying insurance are tax penalties, and if anything, Congress has even wider scope in the tax area than in the commerce area. The Supreme Court has frequently ruled that Congress can pass tax laws that essentially force people to do things that Congress doesn’t have the direct power to require.

[…]here’s the thing: if the Supreme Court decided to overturn decades of precedent and strike down the mandate even though Kevin Drum says they shouldn’t (hard to imagine, I know), the insurance industry will go ballistic. If they’re required to cover all comers, even those with expensive pre-existing conditions, then they have to have a mandate in order to get all the healthy people into the insurance pool too. So they would argue very persuasively that unless Congress figures out a fix, they’ll drive private insurers out of business in short order. And that, in turn, will almost certainly be enough incentive for both Democrats and Republicans to find a way to enforce a mandate by other means. If necessary, there are ways to rewrite the rules so that people aren’t literally required to get insurance, but are incentivized so strongly that nearly everyone will do it. As an example, Congress might pass a law making state Medicaid funding dependent on states passing laws requiring residents to buy insurance. Dependent funding is something Congress does routinely, and states don’t have any constitutional issues when it comes to requiring residents to buy insurance. They all do it with auto insurance and Massachusetts does it with health insurance.

Like Drum, I view these proposed legal challenges as Republican posturing rather than a serious threat to nullify the law Obama signed this morning.

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Rematch coming in Iowa House district 90

Jefferson County supervisor Stephen Burgmeier filed yesterday to be the Republican candidate in Iowa House district 90, setting up a rematch with Democrat Curt Hanson. The district covers all of Van Buren County, most of Jefferson County (including Fairfield) and a small portion of Wapello County (map here).

Last summer Hanson narrowly defeated Burgmeier in a special election, even though Iowa-based conservative interest groups went all-in for Burgmeier and the National Organization for Marriage spent nearly $90,000 on advertising to support him.

Notably, Hanson built up a strong advantage in early voting and beat Burgmeier in Jefferson County by about 600 votes. In addition, two social conservatives ran as third-party candidates, and the 282 combined votes they received was greater than Hanson’s 127-vote margin over Burgmeier. The spoiler candidates were unhappy that Burgmeier didn’t talk much about abortion and gay marriage during the campaign.

Iowa Republicans tried to put a good face on the special election result, but the outcome was disappointing for them on several levels.

House district 90 is likely to be one of the most competitive races in the state. If you living within striking distance of the area, please consider volunteering for Hanson’s campaign this summer and fall. That said, I like Hanson’s chances of holding the seat this November. Burgmeier couldn’t win a low-turnout special election during a severe recession when the GOP base was all fired up about the Iowa Supreme Court’s ruling on marriage. Despite having been elected three times as a supervisor, Burgmeier lost his own county by a sizable margin.

This week Hanson, a retired driving instructor, co-chaired a conference committee to resolve differences between the Iowa House and Senate bills to restrict texting while driving.

Caution: Now entering a fact- and logic-free zone

I’ve heard some strange arguments against marriage equality, but the latest from Iowa Family Policy Center President Chuck Hurley is a doozy. Reacting to a new report on HIV and syphilis rates among gay and bisexual men, Hurley asserted,

“The Iowa Legislature outlawed smoking [in some public places] in an effort to improve health and reduce the medical costs that are often passed on to the state,” Hurley said. “The secondhand impacts of certain homosexual acts are arguably more destructive, and potentially more costly to society than smoking.” […]

“Iowa lawmakers need to pay attention to hard facts and not be persuaded by emotion laden half-truths,” he said. “Because of their unwillingness to correct the error of last April’s Iowa Supreme Court opinion, the Iowa Legislature is responsible for sanctioning activities that will lead to dramatically higher rates of HIV and syphilis in Iowa.”

Where to begin? Smoking increases the risk of heart disease, cancer, stroke, and various respiratory ailments, causing an estimated 438,000 preventable deaths every year nationwide. In Iowa, smoking directly causes an estimated 4,400 deaths each year, and secondhand smoke claims another 440 lives. Smoking causes about $1 billion in health care costs every year in Iowa, of which about $301 million is covered by Medicaid.

AIDS is a serious health threat in the U.S., but not on the same scale as smoking. AIDS has caused fewer than 20,000 deaths nationwide per year in the past decade. The total number of AIDS deaths in this country since the epidemic began is estimated at just under 600,000. I was unable to find statistics showing how many Iowans have died of AIDS, but according to this report for the Iowa Department of Public Health, 114 Iowans were diagnosed with HIV in 2005, and 79 Iowans were diagnosed with AIDS the same year. The numbers may have increased somewhat since then, but AIDS is nowhere near as “destructive” and “costly” to Iowans as smoking. Iowa’s syphilis rate is far below the national average, and none of the states with the highest syphilis rates permit same-sex marriages. If Iowa legislators want to influence the syphilis rate, they should focus on providing adequate funding levels for STD testing and ensuring that young people have access to medically accurate sex education.

Hurley’s argument is not only fact-free, but also illogical on several levels. He seems to think that allowing same-gender couples to get married is going to encourage many more Iowans to experiment with gay sex. Do you know anyone who decided to become gay because they knew they’d be able to get married? Has homosexual activity diminished in New York and New Jersey since those states’ legislatures declined to legalize same-sex marriage? Did California’s Proposition 8 reduce the number of gays and lesbians having sex there?

If Hurley is worried about promiscuity and sexually-transmitted diseases, he should be happy to see gay couples settle down and get married.

Contrary to the strange fantasies of the Iowa Family Policy Center crowd, the Iowa Supreme Court didn’t make the sky fall last April. Fortunately, most Iowans understand that our state legislators have more important things to do than overturn same-sex marriage rights. They also sense that giving legal recognition to the relationships of committed same-sex couples does no harm to other people. More than 90 percent of respondents in a statewide poll conducted last September said gay marriage had caused “no real change” in their lives.

Hurley’s position on gay marriage is more coherent than, say, Terry Branstad’s, but it’s also more detached from reality. Maybe his latest comments aren’t the worst argument ever against gay marriage, but they are certainly a contender.

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Many happy couples, one unhappy Steve King

Congratulations to the same-sex couples who received marriage licenses in Washington, DC today, the first day same-sex marriage became legal in the capital. The city council had approved same-sex marriage rights last fall, but “because Washington is a federal district, the law had to undergo a congressional review period that expired Tuesday.” The weddings will begin on March 9 because of a mandatory waiting period.

One person who wasn’t celebrating today was Representative Steve King. He complained yesterday that Republican leaders in Congress didn’t push “hard enough” to overturn the D.C. city council’s decision on marriage equality.

Republican lawmakers, led by Rep. Jason Chaffetz (R-Utah), have introduced a resolution in Congress to overturn the city council’s ruling, which Congress can do because Washington is a federal district, and not a state.

King took Democrats to task, also, for not allowing a vote on that measure.

“There’s a certain level of understanding that this pro-same sex marriage agenda is a Pelosi agenda; it’s a leftist, liberal agenda,” King said. “There are a lot of items we need to be fighting, and this is a big one.”

Look on the bright side, congressman. Maybe Iowa will become less of a gay marriage “Mecca” now that same-sex couples can get married in DC (as well as Massachusetts, Connecticut, Vermont and New Hampshire).

Seriously, I find it encouraging that Democratic leaders in Congress didn’t feel political pressure to overturn DC’s decision on marriage equality. This issue is losing its potency for the Republicans, and their House and Senate leaders seem to recognize that, even if Steve King doesn’t.

Although King has little sympathy for gays and lesbians who want the same civil marriage rights he enjoys, he did find in in his heart last week to stand up for Washington lobbyists:

[Y]es lobbyists do a very effective and useful job on this Hill. […] Somebody needs to stand up for the lobby, it is a matter of providing a lot of valuable information.

Click over to Think Progress for a more detailed transcript and video of that moment.

This thread is for any comments related to King’s messed-up priorities. The scariest thing is that when it comes to gay marriage, he’s not even on the super-crazy end of the GOP spectrum.

UPDATE: I know it doesn’t pay to go looking for logic in comments by Steve King, but even by his standards, this is bizarre. King argues that since House Financial Services Committee Chairman Barney Frank is gay, and Frank doesn’t want the federal government interfering in a consensual relationship between two adults, then Frank should oppose prevailing wage requirements for federal contractors. King’s idea is that contractors and their employees are “consenting adults” who should be able to agree on a wage of their choice. (By that reasoning, King would want to do away with the minimum wage and other labor laws.)

Media Matters Action has the video clip and transcript here. Other King video “highlights” are here.  

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Yet another poll shows Iowans not eager to ban gay marriage

This week’s Research 2000 poll of 600 likely Iowa voters for KCCI-TV included a couple of questions related to the rights of same-sex couples:

QUESTION: As you may know, same-sex marriages have been legal in Iowa for over a year. Would you favor or oppose a constitutional amendment which would over turn current law allowing same sex marriages in Iowa?

YES NO NOT SURE

ALL 39% 42% 19%

MEN 43% 40% 17%

WOMEN 35% 44% 21%

DEMOCRATS 22% 64% 14%

REPUBLICANS 66% 13% 21%

INDEPENDENTS 33% 45% 22%

QUESTION: Regardless of how you feel about same-sex marriages, do you favor or oppose allowing same-sex couples the same benefits allowed to heterosexual couples, known as civil unions?

FAVOR OPPOSE NOT SURE

ALL 51% 40% 9%

MEN 47% 44% 9%

WOMEN 55% 36% 9%

DEMOCRATS 77% 21% 2%

REPUBLICANS 16% 68% 16%

INDEPENDENTS 55% 35% 10%

Less than a year after the Iowa Supreme Court’s Varnum v Brien ruling, a slight plurality of Iowans would not support a constitutional amendment to ban same-sex marriage. Among independents, a plurality oppose a constitutional amendment and a strong majority would support equal rights for same-sex couples in the form of civil unions. Even among Republican respondents, just two-thirds supported banning gay marriage.

Research 2000’s results are similar to the findings of a statewide poll Selzer and Co. conducted for the Des Moines Register last September. In that survey, 41 percent of respondents said they would vote for a constitutional amendment to ban same-sex marriage, while 40 percent would vote against such an amendment. In addition, 92 percent of respondents said marriage rights for gay and lesbian couples had led to “no real change” in their own lives.

In the most recent Des Moines Register poll, conducted less than a month ago, more than 60 percent of respondents said gay marriage “does not deserve the [Iowa] Legislature’s limited time” this session.

Iowa conservative blogger Shane Vander Hart has complained that the Des Moines Register asked the wrong question two polls in a row. He thinks pollsters ought to ask Iowans whether citizens should be able to vote on a definition of marriage. The Iowa Republican blog commissioned a poll asking that question last summer and found that 67 percent of respondents said yes. However, that Republican poll conveniently failed to ask respondents whether they would support or oppose a constitutional amendment banning gay marriage.

Last week Democrats in the Iowa House and Senate defeated Republican efforts to force a floor vote on a marriage amendment. Although GOP candidates and interest groups will push their “let us vote” campaign this fall, I am less and less worried about the marriage issue hurting Democrats in the 2010 statehouse elections. Economic issues will be far more important to voters.

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Iowa Chief Justice: retention elections will test commitment to impartial judiciary

Shortly after the Iowa Supreme Court unanimously cleared the way for same-sex marriage rights in April 2009, prominent social conservatives in Iowa vowed to vote out three Supreme Court justices who face retention elections in November 2010. Those are Chief Justice Marsha Ternus and Justices Michael Streit and David Baker.

Judges do not campaign actively for retention, but today Ternus commented on the upcoming elections during an Iowa Public Radio appearance. (continues after the jump)

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Open thread with events coming up this week

I didn’t have time to pull this together yesterday, but here’s a late weekend open thread. Share whatever’s on your mind.

(UPDATE: If you think you know American history, see how well you do on Charles Lemos’ Presidents’ Day trivia quiz. Each president is the correct answer to only one question.)

After the jump I’ve posted details on many events coming up this week. I hope to attend the screening of the “Big River” documentary in Des Moines on February 18. It’s a sequel to the must-watch “King Corn,” and the screening is a joint benefit for the Iowa Environmental Council and Practical Farmers of Iowa.

If you are a Democratic candidate in Iowa, please e-mail me your list of upcoming events so I can include them in these threads. (desmoinesdem AT yahoo.com)

Oxfam America “is seeking Des Moines area volunteers to lend 5-8 hours of time per week to help them raise awareness of the impacts of climate change on global communities and encourage action to alleviate it.” If you’re interested, you need to contact them by February 15 (information below).

Have a laugh at this from the Onion: New law would ban marriages between people who don’t love each other.


New Law Would Ban Marriages Between People Who Don’t Love Each Other

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Republicans fail to bring marriage amendment to Iowa House or Senate floor

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.

McKinley warned in a statement, “the voters this November will have an opportunity to decide if they are content with the continued Democrat obstruction and inaction.” Republicans keep saying they want to “let the people vote” on marriage. As it happens, this November Iowans will have an opportunity to pass a ballot initiative on convening a constitutional convention. Some Republicans want to take that route, but most are afraid to back a constitutional assembly. It seems like they want a campaign issue to use against Democrats more than they want to amend the constitution by the quickest means possible.

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.”

Murphy and Iowa Senate Majority Leader Mike Gronstal strongly supported the Iowa Supreme Court’s Varnum v Brien ruling, and they deserve a lot of credit for holding their caucuses together today. As Gronstal has promised, Republicans will not succeed in writing discrimination into our state’s constitution.

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.

UPDATE: Jason Clayworth has more details and reaction at the Des Moines Register’s blog.

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.’”  

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New poll: Iowans think gay marriage not worth legislature's time

More than 60 percent of Iowans think gay marriage “does not deserve the Legislature’s limited time” this session, according to the latest poll conducted by Selzer and Associates for the Des Moines Register. The poll surveyed 805 Iowa adults from January 31 to Feburary 3, with a margin of error of plus or minus 3.5 percent.

The question named six issues on which legislation has been introduced during the 2010 session, which has been shortened by 20 days due to budget constraints:

The state Legislature can address large and small issues during the course of the session. For the following issues, please tell me if you think the issue does or does not deserve the Legislature’s limited time. Puppy mills. Gay marriage. Driving and texting. Gun control. Gambling. Payday loans.

62 percent of respondents said gay marriage does not deserve the legislature’s time, while only 36 percent said it does.

Here’s hoping this poll will bolster the spine of any wavering statehouse Democrats. Iowa House Republicans are expected to use procedural maneuvers this week to try to force a vote on a constitutional amendment to ban same-sex marriage. When they tried that last April, two of the 56 House Democrats joined Republicans on a procedural vote. House Minority leader Kraig Paulsen wasn’t deterred by the latest poll, telling the Des Moines Register,

“The majority party has successfully convinced people that that’s something that takes a lengthy period of time,” Paulsen said. “There’s no reason it should have to take more than 30 minutes.”

Poll respondents presumably know little about how much committee and floor time a marriage vote would consume, but I think Paulsen is missing the point here. Selzer in effect asked Iowans what’s important for the legislature to handle. More than three-fifths of respondents said gay marriage doesn’t rise to that level this session.

Notably, a recent poll commissioned by Republicans also suggests that gay marriage is a low priority for most Iowans. Voter Consumer Research conducted that poll in late January for The Iowa Republican blog and the Concordia Group (a political consulting firm run by Nick Ryan, with ties to the American Future Fund). Respondents were asked which three issues are most important to them: “Forty-one percent said jobs and unemployment, thirty-three said the economy, and twenty-eight percent said education.” Way down the priority list was “moral values” with just 14 percent, Craig Robinson indicated in this comment thread.

Last September, a Selzer poll for the Des Moines Register asked several questions about same-sex marriage. About 41 percent of respondents said they would vote for a constitutional amendment to ban same-sex marriage, while 40 percent would vote against such an amendment. In addition, 92 percent of respondents said marriage rights for gay and lesbian couples had led to “no real change” in their own lives.

The conservative GOP base expects Republican legislators to try every trick in the book to bring a marriage vote to the floor. Iowa Democrats should make sure the public knows that while they were focusing on more important issues, Republicans kept trying to waste time on a marriage vote. Based on this polling as well as the results from last year’s special election in Iowa House district 90, I doubt gay marriage will be a winning issue for Republican candidates this November.

Later today I’ll discuss some other findings from the latest Des Moines Register poll. I was surprised to see that of the six issues Selzer asked about, only driving while texting had a majority (72 percent) say it was worth the legislature’s time to tackle this session.

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Weekend open thread with events coming up this week

The coming week will be busy at the state capitol, because February 12 is the first “funnel” date. All bills excluding appropriations bills that have not been approved by at least one committee by February 12 will be dead for the 2010 session, unless something extraordinary happens.

Also, Iowa House Republicans are expected to try to suspend the rules this week to force consideration of a constitutional amendment to ban same-sex marriage. If last April’s events are any guide, they can expect help from two Iowa House Democrats: Geri Huser and Dolores Mertz. Meanwhile, Mertz is working with a group of Republicans on a constitutional amendment that would “recognize human eggs as persons worthy of legal protection.” Such an amendment would outlaw abortion and probably some forms of birth control as well.

With the compressed legislative calendar and severe budget restraints, there may be fewer bills passed in 2010 than in previous sessions. If you’re keeping your eye on any bill, let us know in this thread. I hope the Iowa Senate Labor and Business Relations Committee will pass Senate File 2112, introduced by Senator Pam Jochum, on “workplace accommodations for employees who express breast milk.” It’s already cleared the subcommittee. Last hear State Representative Ako Abdul-Samad introduced a similar measure in the Iowa House, and I think there’s a decent chance of getting this bill through the House Labor Committee. Employers also benefit from practices that make it easier for their employees to continue breastfeeding.

Jochum is an all-around outstanding legislator. If I lived in the first district, she would definitely have my vote for Congress whenever Bruce Braley decides to run for U.S. Senate.

This thread is for anything on your mind this weekend. Am I the only one out there who doesn’t care who wins the Superbowl?

After the jump I’ve posted details on other Iowa political events scheduled for this week.

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Terry Branstad's family values

Anyone following the Iowa governor’s race must read Todd Dorman’s recent interview with Republican front-runner Terry Branstad. The Branstad so many Iowans remember from his four terms as governor shines through.

Branstad is at his most incoherent when speaking about gay marriage, but his answer to an open-ended question about the state budget was also revealing. The whole interview is worth your time. I discuss a few of my favorite excerpts after the jump.

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We're number 32! We're number 32!

On Oprah Magazine’s new list of “100 Things That Are Getting Better”:

Legalizing gay marriage in 2009 + producing artisanal charcuterie (try La Quercia’s organic prosciutto) + University of Iowa football landing among the top 25 college teams for the fifth time this decade + ranking second on MainStreet.com‘s Happiness Index = one seriously happening Hawkeye State.

That’s an odd set of data points, but then, the whole list is rather eclectic. Iowa ranks just behind “Our reputation around the world,” “The Beatles” and “Undersea exploration” and just ahead of “Surgery,” “Wind power” and “Dental visits.”

I didn’t realize Oprah was on record supporting marriage equality, but good for her. I don’t eat prosciutto, but I’ve heard good things about La Quercia. (Oprah neglected to acknowledge Iowa’s outstanding artisan cheeses.)

Iowa ranked second on MainStreet.com’s Happiness Index because of the 50 states plus Washington, DC, we had the fourth-lowest rate of non-mortgage debt as a percentage of annual income, the fifth-lowest unemployment rate, and the sixteenth-lowest foreclosure rate. Only Nebraska scored better overall.

Now, nobody tell Oprah about our lousy water quality.  

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Terry Branstad's balancing act on gay marriage

In a private meeting last October, Terry Branstad warned social conservatives that gay marriage was “not going to be a central issue” in the gubernatorial campaign, and that Republicans “have to use finesse, and not overplay our hand.”

Since Branstad officially launched his candidacy last week, we’re starting to see how he intends to “finesse” the marriage issue before the Republican primary in June.

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Silver linings of a Branstad candidacy

Terry Branstad is kicking off his “official” candidacy for governor today, launching a tour around the state. His campaign announced fairly strong fundraising numbers last week and just leaked an internal Republican primary poll showing Branstad leading Bob Vander Plaats by 63 percent to 18 percent.

It’s conceivable that Vander Plaats’ campaign could take off in the coming months. Right-winger Marco Rubio is now considered likely to defeat Florida Governor Charlie Crist in that state’s U.S. Senate primary, despite commanding leads Crist had in polls a few months ago. However, I assume Branstad will lock up the Republican nomination with little trouble.

Branstad will undoubtedly be a tough general-election opponent for Governor Chet Culver. The biggest hurdles for a challenger are usually name recognition, fundraising, and getting voters to imagine the challenger doing the job he’s seeking. Branstad is well-known, has done the job before, and has wealthy donors behind him. Frankly, I’d rather not have him in this race.

But my mother taught me not to focus too much on the negative. After the jump I offer some silver linings of a Branstad candidacy.  

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Could Vander Plaats pull off an upset?

I’ve been assuming for the past few months that there’s no way Bob Vander Plaats can defeat Terry Branstad in this year’s Republican gubernatorial primary. Branstad’s statewide connections from his four terms as governor and his support from major donors should give him an insurmountable edge, especially in the eastern Iowa counties. While Vander Plaats would have a great shot at winning a caucus or a statewide convention, I didn’t see any way he could keep Branstad below 50 percent in the primary, especially with Branstad likely to raise far more money.

I’ve started to rethink my assumptions as conservative Republicans have spoken out against Branstad.

Everyone knew the Iowa Family Policy Center’s political action committee would endorse Vander Plaats at some point, but their statement yesterday went far beyond expressing a preference for Vander Plaats. The IFPC made clear that they will not support Branstad in the general election if he wins the GOP nomination.

Follow me after the jump for more on the IFPC’s endorsement and how Vander Plaats could win the primary.

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Broad coalition stands up for marriage equality

About 200 people attended One Iowa’s Equality Red Blue Purple event on Sunday in Des Moines. A coalition of more than two dozen statewide organizations, including major labor unions, oppose a constitutional amendment to rescind same-sex marriage rights in Iowa. Republicans as well as Democrats have signed on as co-chairs of Equality Red Blue Purple, and dozens of local organizations have joined the coalition too. After the jump I’ve posted the full list of co-chairs and coalition members.

On Tuesday, supporters of marriage equality plan to deliver “over 15,000 postcard petitions to legislators in every district in the state,” according to One Iowa’s Justin Uebelhor. Opponents of same-sex marriage plan a large rally at the capitol on Tuesday as well.

This week One Iowa’s television ad, “This Place,” will run in the Des Moines market. The ad was created soon after the Iowa Supreme Court’s ruling last April. It depicts marriage equality as consistent with Iowa traditions of fairness and protecting our freedoms under the state constitution.

Click here to donate to keep this ad on the air for an extra week.

Democratic legislative leaders have vowed not to allow floor votes on a constitutional amendment to ban same-sex marriage during the 2010 legislative session. However, Republicans will try various procedural tricks to force a vote on the issue. I expect Democratic lawmakers to stand firm against a marriage amendment, and I hope that they won’t cop out when confronted by constituents who want to ban gay marriage.

On a related note, a lawsuit against California’s Proposition 8, which banned same-sex marriages, goes forward this week in federal court. The lead attorneys are David Boies and Ted Olson, who were on opposite sides during the Bush v Gore case that decided the 2000 presidential election. Writing in Newsweek, Olson laid out “The Conservative Case for Gay Marriage,” which is worth a read.

However, not all advocates of marriage equality support the strategy of appealing Prop 8 in federal court. At Daily Kos, SoCalLiberal laid out the argument against pursuing this lawsuit, favoring an effort to repeal Prop 8 at the ballot box in 2012.

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Weekend open thread: Legislative preview edition

The legislative session begins this week, and budget issues are likely to dominate the proceedings.

Some state tax credits will be scrapped and others curtailed if lawmakers enact recommendations released on Friday by a commission Governor Chet Culver appointed. State Senator Joe Bolkcom, who chairs the Ways and Means Committee in the upper chamber, has vowed to pass as many of the recommendations as possible. I expect major pushback from corporate lobbyists against many of the proposals, however.

House Speaker Pat Murphy is not ruling out significant layoffs of state workers. It really is unfair to balance the budget mostly on the backs of state workers, especially since demand for state services increases during a recession.

I was surprised to see Culver’s chief of staff, John Frew, suggest a scaled-back version of “fair share” legislation could pass this session. If Democrats don’t have the votes for a prevailing wage bill, I can’t imagine they’ll get 51 votes for fair share, but I hope I’m wrong.

Kathie Obradovich previews other issues that are likely to come up during the legislative session.

Democratic leaders insist a constitutional amendment to ban same-sex marriage is off the table, but Republicans will use every trick in the book to try to bring the issue to the floor.

Roxanne Conlin plans to visit all 99 counties in her Senate campaign, just like Senator Chuck Grassley has been doing every year for the past three decades.

In other news, Iowa may be on the verge of coming out of the deep freeze. I read today that the highest temperature recorded anywhere in Iowa since January 1 was 20 degrees Fahrenheit one day in Keokuk (southeast corner of the state). How are you surviving the cold? I’ve been wearing slippers, wool sweaters and extra layers. My kids still insist they are comfortable running around the house in pajamas and bare feet. Our dog could walk for miles, even on the days when it’s been below zero F when I’m out with him.

This thread is for anything on your mind this weekend.

Year in review: Iowa politics in 2009 (part 2)

Following up on my review of news from the first half of last year, I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from July through December 2009 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.

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Year in review: Iowa politics in 2009 (part 1)

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.”

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Year in review: national politics in 2009 (part 1)

It took me a week longer than I anticipated, but I finally finished compiling links to Bleeding Heartland’s coverage from last year. This post and part 2, coming later today, include stories on national politics, mostly relating to Congress and Barack Obama’s administration. Diaries reviewing Iowa politics in 2009 will come soon.

One thing struck me while compiling this post: on all of the House bills I covered here during 2009, Democrats Leonard Boswell, Bruce Braley and Dave Loebsack voted the same way. That was a big change from 2007 and 2008, when Blue Dog Boswell voted with Republicans and against the majority of the Democratic caucus on many key bills.

No federal policy issue inspired more posts last year than health care reform. Rereading my earlier, guardedly hopeful pieces was depressing in light of the mess the health care reform bill has become. I was never optimistic about getting a strong public health insurance option through Congress, but I thought we had a chance to pass a very good bill. If I had anticipated the magnitude of the Democratic sellout on so many aspects of reform in addition to the public option, I wouldn’t have spent so many hours writing about this issue. I can’t say I wasn’t warned (and warned), though.

Links to stories from January through June 2009 are after the jump. Any thoughts about last year’s political events are welcome in this thread.

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Conservative manufactured outrage FAIL

The religious right is gearing up for a big demonstration against marriage equality on January 12, the day Governor Chet Culver delivers his Condition of the State address to the Iowa House and Senate. Although conservatives know they won’t be able to get a constitutional amendment banning gay marriage through the legislature this session, they are determined to keep pressuring Democrats on the issue.

Against that backdrop, the Iowa Family Policy Center issued a press release Monday promoting next week’s rally. The “news hook” for the release was a proclamation Culver signed two months ago declaring November 20th, 2009 to be “Transgender Day of Remembrance.”

IFPC Action President Chuck Hurley commented on the document by saying, “Governor Culver not only failed to keep his promise to the people of Iowa concerning the defense of marriage, but now is using the power of his office and the dignity of the state of Iowa to promote sexual confusion and deviant behavior.”

The IFPC slammed Culver for not publicizing the proclamation, saying the group had obtained it only through a Freedom of Information Act request. Troy Price, a spokesman for Culver’s office, told the Des Moines Register,

“The Governor believed this proclamation was an appropriate way to honor the memory of transgendered individuals who have lost their lives because they lived their lives. He believes that all Iowans should be protected from discrimination and abuse. Mr. Hurley used this proclamation to advertise a political rally and score cheap political points. We would hope that all Iowans would join us in remembering those who have lost their lives because of discrimination.”

Price says the governor signs about 300 proclamations a year and it’s office policy to leave it up to the requesting organization to publicize it.

I checked with the LGBT advocacy group One Iowa, and they posted this link containing the full text of Culver’s proclamation in a November blog post about events on the Transgender Day of Remembrance. So it’s misleading for the IFPC to suggest that the governor’s office tried to keep this document secret.

Speaking of right-wingers talking up a scandal where none exists, Steve Benen reports on conservatives hyperventilating because President Obama appointed a transgender individual as senior technical advisor to the Commerce Department.

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The shrinking Republican tent (part 3)

The New York State Senate voted down a bill to legalize same-sex marriage last week, with all 30 Republicans in the chamber voting no. Five GOP senators had been expected to vote for the measure, and one of them looked dejected as he cast his “no” vote.

I don’t know whether the moderate New York Republicans broke promises to support the bill (as the lead sponsor claimed), faced unexpected pressure from caucus leaders to vote no, or were spooked by what happened during the special election campaign in New York’s 23rd Congressional district:

You surely remember that in the eyes of conservative activists [Republican nominee] Dede Scozzafava’s primary sin was to have voted to legalize same-sex marriage in the state Assembly; that helped fuel the fire against her and it contributed to organized national groups’ decision to move into the district. That must have frightened some senators into thinking a primary challenger could gain a lot of traction if they vote “yes;” […]

All I know is that in New York state, which produced legendary liberal Republicans like Senator Jacob Javits and Vice President Nelson Rockefeller, there is no political space for a Republican elected official to support same-sex marriage rights.

Here in Iowa, Republicans would be committing political suicide if they left any doubt about their views same-sex marriage. Our conservatives can’t tolerate even a retired Republican who speaks out for marriage equality. Former Lieutenant Governor Joy Corning taught us that lesson last month.

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Events coming up during the next two weeks

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.

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Events coming up during the next two weeks

I’m looking forward to the Iowa Democratic Party’s Jefferson-Jackson dinner this weekend. It will be live-streamed for those who can’t be there in person. The Iowa branch of Organizing for America is having a grand opening on Saturday as well, right before the JJ dinner.

Details for those and other events are after the jump. Post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know if something I’ve left out.

Linn County Dems: Don’t forget that November 24 is the special election in Iowa House district 33.

One more “save the date”: the Culver-Judge campaign’s holiday party will be on Saturday, December 5 at the Val-Air Ballroom in West Des Moines from 7:30 pm to 11:00 pm. Tickets are just $35 for an individual, $10 for students and $50 for a family. Call 515-244-5151 or go to www.chetculver.com for more information.

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Well-meaning bigotry, Midwest-style

Jason Clayworth published a big feature on Christian Fong in Wednesday’s Des Moines Register. I recommend clicking over to read the whole thing before it disappears into the Register’s pay-to-download archive. Fong’s campaign strategy has always interested me, especially his efforts to sound inclusive while remaining faithful to conservative Republican views on social issues.

I was tempted to write a post here making fun of Fong’s balancing act on gay rights. He told Clayworth that after passing a constitutional amendment to ban same-sex marriage,

Iowa lawmakers need to make sure such rights as hospital visitation and estate planning are equal for same-sex couples, he said.

“If a constitutional amendment were passed, it would be irresponsible to throw up our hands and say, ‘We’re done.’ ” Fong said. “There are going to have to be steps that are taken to make sure we treat all Iowans fairly and compassionately. Gay people, too.”

So I’m thinking about how “fair” and “compassionate” it is to let conservatives’ religious views override a minority group’s civil marriage rights, and I’m laughing at Fong’s continuing attempts to advocate for discrimination very respectfully.

And then a sidebar (available only in the print version) stopped me in my tracks:

Christian Fong says he feels a special responsibility as a racial minority candidate.

Growing up, Fong used his middle name, Shun-Bok, given to him by his Chinese father.

When he was considering medical school at the University of Iowa, he was told he should consider going by something other than Shun-Bok because the industry did not need more Asians in medicine.

He’s gone by Christian–his first name–ever since.

That kick in the gut (dressed up as a helpful hint) got me thinking about the mixed messages minorities get from nice, polite Midwesterners.

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