History is Made, But not Finished

Civil rights are not won cheaply or easily.

You can't rattle the status quo and breach our comfort zone without stirring formidable opposition and outrage. There's no expressway to equality. It's a slog, blocked by obstacles, halted by heartbreaking setbacks and littered with casualties.

Get out ahead of the curve, and you're liable to take it on the chin.

Three solid punches were thrown Tuesday in a resounding vote to remove Justices Marsha Ternus, David Baker and Michael Streit from the Iowa Supreme Court. They joined a unanimous 2009 ruling declaring Iowa's ban on same-sex marriage unconstitutional. And for that, a clear majority of Iowa voters sent them packing.

Bob Vander Plaats, who led the justice hunt, thanked Iowans for “making history.” History was made, but I say it's a little too soon to know how this will go down in the history books.

It may be that historians will remember how these justices did a job they were sworn to do. They decided a case brought by Iowans seeking civil marriage rights. They weighed the evidence and issued a ruling rooted firmly in constitutional law.

Even after Tuesday's vote, that ruling stands.

History may note the damage inflicted on our independent judiciary, an institution that has served us well since statehood. It's still unclear how much harm $1 million worth of political intimidation will buy. It may be a while before we know.

It's also possible that history will recall this as the moment when fair-minded Iowans who support equality for all under the law finally realized that they've got a fight on their hands.

And they decided to do something about it.

Vander Plaats and his allies seem to think it's all over. The Iowa House is now in Republican hands. The Democratic majority in the Senate, if it holds, is likely too narrow to halt a vote on a constitutional amendment banning marriage equity. Vander Plaats is even pressuring Gov.-elect Terry Branstad to issue an illegal executive order nullifying the marriage ruling.

An amendment vote is coming, folks, likely by 2014. But it won't be an arcane back ballot retention question that more than 130,000* voters apparently skipped Tuesday. The stakes will be crystal clear to Iowans.

And after watching the cynical, dishonest, scorched-earth campaign waged against the justices, I'm betting equity allies will come to the next shootout packing more than the Interfaith Alliance.

History doesn't think much of those who toil long and hard to shove their fellow Americans into the shadows of inequality. But it's even less kind to those who sit by and let it happen.

Comments: (319) 398-8452; todd.dorman@sourcemedia.net

* According to unofficial tallies, the total votes in the three retention races ranged from 975,472 in Baker's race to 977,810 in Ternus' race. 976,574 total votes were cast in Streit's race. Those totals compare to the 1,115,751 total votes cast in the race for governor.