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Court wrong to rule on same-sex marriage
The Gazette Opinion Staff
Oct. 12, 2010 5:25 pm
I am amazed that a former law school dean, Larry Blades, could write a letter (Oct. 6) criticizing the Iowa Supreme Court's decision concerning the same-sex marriage issue. It isn't often that one sees someone associated with the faculty of the University of Iowa, especially the law faculty, write such a well-reasoned piece.
Blades' assertion that the Court brought the judicial retention vote on itself by meddling in a political issue is correct. There is nothing in the Iowa Constitution requiring the Court to rule as it did. The justices simply favor same-sex marriage.
The Court's misuse of judicial review will likely result in a reprise of the bitterness found after Roe vs. Wade. Because pro-life people lost by a judicial fiat rather than through the electoral process, they felt the fight was unfair. The bitterness caused by the activist court's contorting a constitution's meaning prevents controversial issues from being resolved.
Because we live in a democracy, not an oligarchy, a vote to retire these autocrats is warranted. As retired justices, they can run for the Legislature where their votes to permit same-sex marriage will be appropriate.
Kurt Maas
Coggon
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