Numbers leaning towards ousting justices

Iowa voters for the first time in the state's history removed Supreme Court justices, siding with conservative gay marriage foes angered by a ruling that allows gay marriage.

The votes against retention in 1705 precincts are 54 percent to 55 percent.

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District judges were all being retained by higher margins.

Bob Vander Plaats, who started Iowa for Freedom campaign to oust the justices, said Tuesday the numbers coming in about 10:30 p.m. looked encouraging.

“I think it will be a clean sweep tonight,” Vander Plaats said in a phone interview while at a watch party in Des Moines. “The People want their voice heard. They think the justices stepped outside the bounds and tonight they stood up for their freedom. I know it's a little early but I think we're going to be alright.”

Dan Moore, co-chair of Fair Courts for Us in support of retention, said he's confident the justices would be retained.

“I hope they (voters) will do the right thing,” Moore said. ” It's important to maintain our merit system and keep politics and campaigning out of it.”

The Iowa Court of Appeals judges with 841 precincts reporting show 64 percent Yes votes to 36 percent No votes.

The justices were targeted by Vander Plaats because they were part of the unanimous Varnum decision that led to legalizing same-sex marriage by declaring the state's Defense of Marriage Act unconstitutional. The justices in the ruling said the act violated equal protections rights.

Supporters of the justices feared this campaign would threaten the merit selection system, which promotes an independent and impartial judiciary that has been used in Iowa since 1962. The system has  non-partisan commissions for each level of judiciary who review qualifications of applicants, conduct interviews and forward names to the governor who makes the final selections.

The justices released the following statement:

It was our great privilege to serve the people of Iowa for many years.  Throughout our judicial service we endeavored to serve the people of Iowa by always adhering to the rule of law, making decisions fairly and impartially according to law, and faithfully upholding the constitution.We wish to thank all of the Iowans who voted to retain us for another term.  Your support shows that many Iowans value fair and impartial courts.  We also want to acknowledge and thank all the Iowans, from across the political spectrum and from different walks of life, who worked tirelessly over the past few months to defend Iowa's high-caliber court system against an unprecedented attack by out-of-state special interest groups.Finally, we hope Iowans will continue to support Iowa's merit selection system for appointing judges.  This system helps ensure that judges base their decisions on the law and the Constitution and nothing else.  Ultimately, however, the preservation of our state's fair and impartial courts will require more than the integrity and fortitude of individual judges, it will require the steadfast support of the people.Chief Justice Marsha TernusAssociate Justice Michael Streit

We wish to thank all of the Iowans who voted to retain us for another term.  Your support shows that many Iowans value fair and impartial courts.  We also want to acknowledge and thank all the Iowans, from across the political spectrum and from different walks of life, who worked tirelessly over the past few months to defend Iowa's high-caliber court system against an unprecedented attack by out-of-state special interest groups.

Finally, we hope Iowans will continue to support Iowa's merit selection system for appointing judges.  This system helps ensure that judges base their decisions on the law and the Constitution and nothing else.  Ultimately, however, the preservation of our state's fair and impartial courts will require more than the integrity and fortitude of individual judges, it will require the steadfast support of the people.

Chief Justice Marsha Ternus

Associate Justice Michael Streit

Associate Justice David Baker