Anti Gay group spends 600,000 to oust Iowa judges

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Anti Gay group spends 600,000 to oust Iowa judges

Post by Crossroads Inc. »

Naturally virtually all of the money comes from outside Iowa.
By MIKE GLOVER, Associated Press Writer – Mon Oct 25, 5:45 pm ET
DES MOINES, Iowa – Stung by a state Supreme Court ruling legalizing gay marriage in Iowa last year, out-of-state convervative groups have been pouring time and money into an effort to unseat three of the court's seven justices.

At a Statehouse rally Monday to kick off a bus tour, gay marriage opponents pleaded their case for why voters on Nov. 2 should opt not to retain Chief Justice Marsha Ternus, and justices David Baker and Michael Streit. Iowa voters have never ousted a state Supreme Court justice.
"I can't overstate the significance of what is about to happen in Iowa," said Brian Brown, executive director of the Washington, D.C.-based National Organization for Marriage. "The whole country is looking at you. This cannot be overstated."

At a counter rally about 100 yards away, organizers argued that anti-gay rights groups that have been spent more than $600,000 to oust the justices are only focused on the one issue and don't care about the damage they'll do to the state's judicial appointment process.
"In January, when the consequences of this effort come to fruition, the special interest advocates will be gone — back to Mississippi, Pennsylvania, New Jersey and Alabama," said former Attorney General Bonnie Campbell. "They won't be here after Nov. 3, but the rest of us will be."

The court joined in a 7-0 ruling last year upholding a lower court's decision that found that a state law limiting marriage to between a man and a woman violated the constitutional rights of equal protection.

Those who want to oust the three justices argue that by striking down a law banning gay marriage, the high court in effect, amended the state constitution, which can only be done through a referendum. They say the justices were legislating from the bench, and should therefore be removed.

"We are going to send a message all the way across America. These judges are rogue judges and they're arrogant," Iowa Republican Rep. Steve King told the crowd Monday, standing in front of a bus emblazoned with the justices faces with the word "No," superimposed on them.
Des Moines resident Art Arrett, who attended the rally, said legislating should be left to legislators, not judges.
"It's not their job to make laws," Arrett said.

Those who want to retain the justices, including many law groups, say ousting them would upset the balance of power. They note that the three justices were appointed by Republican and Democratic governors, including Terry Branstad, the state's longtime Republican governor who is seeking a return to office after a 12-year break. He appointed Ternus.

"I believe in keeping politics out of it," said Des Moines resident Harry Shipley, who attended the rallies.
Thus far, the campaign to remove the justices has spent more than $650,000 and those who want to retain them have spent $227,000, much of it on television ads.

The National Organization for Marriage has been the biggest spender, contributing $435,000 to efforts to remove the judges. About $100,000 has come from the AFA Action Inc., the political arm of the Mississippi-based American Family Association. The Campaign for Working Families, a Washington-based group, also spent $100,000, and the Washington-based Family Research Council added $18,000. The Iowa-based Iowa Family Policy Center has spent roughly $10,000.

The three justices haven't formed political action committees or raised money for their retention. However, Ternus has recently given speeches in support of judiciary independence.

Supporters of the justices say they're worried because some gay marriage opponents have called on voters to oppose all 74 judges on the ballot this year. Bob Vander Plaats, who is heading the campaign to remove the justices, said he's also heard that many people plan to vote against all judges up for retention votes.

Eugene Meyer, commissioner of the Iowa Department of Public Safety, said at a rally held by justice supporters that he worried that the widespread removal of judges would cripple the justice system.
Former Republican lieutenant governor Art Neu said he's also worried about that possibility.
"I don't think any of us can contemplate the breakdown of our legal system should anything close to what they're proposing take place," said Neu.
Every time I read a story like this, it makes me want to go up to one of these organizers, grab them by the throat and shout "$600,000! How many naked could you clothe? How many hungry could you feed? How many sick could you cure for $600,000?"
These people care about nothing but their own petty hatred of Homosexuals.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Lizzie »

Ugh this makes me nervous... reminds me a little of the whole Prop 8 deal... luckily it's not a vote on a actual law though yet... just the people behind it.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by xt828 »

I thought that judges were explicitly allowed to make ruling that were effectively legislation, but that it would be overruled by laws passed which covered the same topic?
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Re: Anti Gay group spends 600,000 to oust Iowa judges

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xt828 wrote:I thought that judges were explicitly allowed to make ruling that were effectively legislation, but that it would be overruled by laws passed which covered the same topic?
They are trying to argue that, apparently, that by striking down this law they were modifying the State Constitution... somehow. Courts are only allowed to interpret the laws within the bounds of the Constitution; if the State Constitution had an amendment banning Gay Marriage, then the State Supreme Court could do nothing, since they can't outright modify it. Wrong as it is, they have to follow it.

The problem here is that there is no Constitutional Clause or Statute in Iowa that was violated, which is why the argument is blatantly untrue: they didn't amend the Constitution in any way. It's just a bunch of very, very stupid rhetoric.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Mr. Coffee »

I wouldn't put to much stock in this. From my experience Iowans, while conservative, tend to be fairly open-minded folk who take offense at outsiders meddling in their politics.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Jaepheth »

Could someone explain to me how ousting 3 judges would help counter a 7-0 decision?

That still leaves a majority of 4, doesn't it?
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Thanas »

These 3 are probably the only ones up for reelection. And besides, this is not smart politics, this is pack-like retribution. "They hurt us, so we hurt them, doesn't matter where" mentality at work.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Mayabird »

It's just pettiness, because ousting the judges won't change the decision one bit.

DP can tell everyone much more about this, and pretty much anything I say would just be repeating whatever he said, but while I'm here IIRC only three judges in the past sixty years have not been retained, and all three were clear-cut corruption cases.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by DPDarkPrimus »

Indeed, it's nothing but petty vengeance-seeking by neo-cons who keep losing battles to oppress others. Though getting rid of the entire Supreme Court because you don't like their rulings isn't very petty at all. And just today on NPR I heard that there are a few groups now pushing for voters to vote to oust all judges up for retention. If that doesn't say "out-of-state interest group looking for a way to 'punish' those who have the audacity to not kowtow to them", I don't know what does. In the fifty-plus years that Iowa has used a retention vote for judges, only three have been removed, and all for abuse of power and station and corruption. And, as far as anecdotal evidence goes, I happen to personally know Justice Baker, as he's good friends with my father, and I would not describe him as an "activist judge", nor would I label him a "liberal".


EDIT: I want to point out that there are a lot of groups who are also opposing these campaigns to oust the judges, many of which are made up of law professors, lawyers, and state employees. An editorial from the pro-retention side that I found to be good reading.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Broken »

I'm afraid I don't know much about the Iowa retention system, are all judges put to a vote on a rotating schedule and how does that differ from merely voting them back into office? The impression I get from the article in the OP is that judges are appointed by the Governor and then retained via a vote every few years.

Regardless, this feels like an attempt at judicial intimidation by another name. Make a ruling the far-right disagrees with and money will pour in from across the country for the express purpose of punishing those they dislike. Apparently the legislative process takes too long (though I have no doubt they have irons in those coals as well) and lacks that satisfying "gut" feeling of forcing others to bow to your power (which they perceive as their/God's wisdom) to make people live how you think they should.

Protesting a ruling you disagree with is one thing, campaigning against candidates you dislike, giving money to causes you agree with are part of American democracy. But this feels a touch beyond disagreement related to political issues into vendetta territory.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

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Funny how the far-right is pro-States' Rights.... until some state has the audacity to make a decision on rights they disagree with.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Vendetta »

I always find it amusing how the people who defend "States Rights" invariably seem to want to overturn decisions which handed more rights to the American people at the expense of the States.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

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Mr. Coffee wrote:I wouldn't put to much stock in this. From my experience Iowans, while conservative, tend to be fairly open-minded folk who take offense at outsiders meddling in their politics.
Those words, verbatim, were said quite a few times in Maine a year ago. Except it was "Mainers, who tend to be liberal or libertarian"
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by rapidsquirrel »

The really funny part of the this whole mess is that the republican candidate for Governor is basing a large part of his campaign on kicking the justices out. One of which he appointed during his previous terms as Governor of Iowa.

The really sad part is that he'll probably win.

Damn Chet Culver and his boringness.

And also you are completely right, Broken. Appointed by the governor and then voted on for retention every few years. Very silly system in my mind, but Iowan aren't known for their intelligence.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

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rapidsquirrel wrote:but Iowan aren't known for their intelligence.
Actually the state of Iowa is rated very highly for their education system.

So are you basing this off facts or your own complete idiocy?
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Re: Anti Gay group spends 600,000 to oust Iowa judges

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rapidsquirrel wrote: Appointed by the governor and then voted on for retention every few years.
Yes, they are appointed by the Governor... and he can only choose from a list of nominees given to him by the State Judicial Nominating Commission. I'll take selection by educated peers over judges doing politicized campaigning to the popular masses for election any day.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Pint0 Xtreme »

My gut feeling is they're doing this not just out of vengeance but to try to shape the Iowa state government for the future. They may be trying to find a homophobic governor to replace the current justices with homophobic justices so they may have a chance in the future to overturn the ruling.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by rapidsquirrel »

Darth Fanboy wrote:
rapidsquirrel wrote:but Iowan aren't known for their intelligence.
Actually the state of Iowa is rated very highly for their education system.

So are you basing this off facts or your own complete idiocy?
From a personal experience having supposedly gone to one of the "best high schools" in Iowa compared to a very good high school in Vermont, I'd say the high school system isn't all that great. Mostly "Rar, football" and not some much arts and sciences. Though I'll admit personal experience is pretty close to complete idiocy with regards to facts and the State Universities are very good.

Iowa also has an issue with "brain drain", meaning that the highly educated population of the state tends to leave in search of better jobs else where.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Crossroads Inc. »

Pint0 Xtreme wrote:My gut feeling is they're doing this not just out of vengeance but to try to shape the Iowa state government for the future. They may be trying to find a homophobic governor to replace the current justices with homophobic justices so they may have a chance in the future to overturn the ruling.
That is my fear as well. The central differance between Iowa and what happened in Maine is that, for now, the anti gay groups can't directly assail the ruling. In Main they were able to trick much of the population into repealing gay marriage by passing yet another change to the state constitution. In Iowa they are simply trying to oust as many judges as possible.

However the fact that they are trying to get a blatantly homophobic person elected as Govenor does make me worry especially as it seems he has a good chance of winning. If he is elected, within the next few years we can see Iowa radiclly shift toward the far right.

(sighs)

States Rights. Something conservatives champion ONLY when that state is doing what they want.

Ban Abortion? States Rights! Gut education? States Rights!
Pass Gay marriage? OMGWTF!!! We need to stop this Liberal Tyrany!!!
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Darth Fanboy »

rapidsquirrel wrote: From a personal experience having supposedly gone to one of the "best high schools" in Iowa compared to a very good high school in Vermont, I'd say the high school system isn't all that great. Mostly "Rar, football" and not some much arts and sciences. Though I'll admit personal experience is pretty close to complete idiocy with regards to facts and the State Universities are very good.
So you went to one high school in Iowa. While I will grant you that Vermont is one of few states that meets or outperforms Iowa's own level, Iowa is still a state that places a high priority on Education and that claiming "Iowans aren't known for their intelligence" when not only is the UI system incredibly accomplished, but the state's high school students score at the top or among the top of all states in tests like the ACT and SAT.
Iowa also has an issue with "brain drain", meaning that the highly educated population of the state tends to leave in search of better jobs else where.
No shit, I was one of those people. There isn't much to do there. But not all of the educated people leave and not all of the people who stay are idiots. You say that Iowa isn't known for Education...well it's what they put on their state quarter, and the Iowa Tests of Basic Skills (developed at the University of Iowa) actually give Iowans a bit of a reputation for education.
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Re: Anti Gay group spends 600,000 to oust Iowa judges

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Pint0 Xtreme wrote:My gut feeling is they're doing this not just out of vengeance but to try to shape the Iowa state government for the future. They may be trying to find a homophobic governor to replace the current justices with homophobic justices so they may have a chance in the future to overturn the ruling.
Fortunately this is not easy to manage the way the judicial system in Iowa works.

The governor has to pick out of three candidates nominated by a nominating commission. This commission consists of seven members, with the two lawyer members and apparently a state court judge member basically selected by the state bar association, and 4 members selected by the governor and nominated by the state senate. The kicker is these individuals serve out six-year terms, so it would take a long time for the governor to even really alter the composition of the commission. (All current governor appointments to the commission were done by Democratic governors.)

In other words, if that is what the governor is looking for, he's unlikely to find it with the individuals he has the option of nominating in the near future. In the long run, there is a fair amount of evidence that public opinion will end up falling on the side of allowing gay marriages to continue to be permitted, especially when claims of gay marriage opponents fail to actually occur in the state. (You have some outright major homophobes, but you also have some people who basically feel they are not impacted by gay marriage being banned and right now they prefer to leave things as they were in the past "just to be safe." Its a very inconsiderate mentality, but it means there vote could go the other way in the future once its shown there were not in fact any real consequences of leaving gay marriage legal.)

(The reason the repeal campaign has a chance in the first place is allot of people don't ordinarily vote on this question, and some people basically always vote against retention period and don't necessarily have an issue with gay marriage.)
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by rapidsquirrel »

Darth Fanboy wrote: No shit, I was one of those people. There isn't much to do there. But not all of the educated people leave and not all of the people who stay are idiots. You say that Iowa isn't known for Education...well it's what they put on their state quarter, and the Iowa Tests of Basic Skills (developed at the University of Iowa) actually give Iowans a bit of a reputation for education.
I never mentioned anything about Iowa not being known for it's education system. I'd thank you to not put words into my mouth. Unless of course you think education is another word for intelligence, in which case I can't help you.

I'd also say that you've proven my point, given that a very large percentage of the highly educated population leaves the state. That would imply that a large percentage of the general adult population does not have a degree higher then a high school diploma. Larger then a lot of other states. While possession of a higher degree does not automatically mean that one has a higher then average intelligence, I would guess that they do have a correlation without even looking up the data for it.

Plus given that Iowa has elected Terry Branstad several times before and probably going to do it again, that might say something as well. (This is complete sarcasm since I really have no data on Branstad's last several terms in office, having moved to the state during the last 6 months of his last time)
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by DPDarkPrimus »

rapidsquirrel wrote: Plus given that Iowa has elected Terry Branstad several times before and probably going to do it again, that might say something as well. (This is complete sarcasm since I really have no data on Branstad's last several terms in office, having moved to the state during the last 6 months of his last time)
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by Pint0 Xtreme »

The three Iowa judges up for retention were just voted out.

http://www.metroweekly.com/poliglot/201 ... s-are.html
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Re: Anti Gay group spends 600,000 to oust Iowa judges

Post by DPDarkPrimus »

Looking at the full election results, it looks like what the "Vote Yes" crowd was worried about came true - about a third of voters always just mark "No" on retention for all judges. So it was an uphill battle, even without the out-of-state "Family Values" fuckers running smear campaigns... but again, even with the default trend, the vote for retention on the Supreme Justices was extremely close, which means only about half of this place is retarded. At least we still have the committee nomination process, so the aforementioned fucks can't fuck up the replacement Justice appointments.
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