Poll shows voters split over Supreme Court judges

A Des Moines Register poll shows more than one-third of voters want to remove three Iowa Supreme Court justices who joined a unanimous ruling that legalized gay marriage.

The poll published Sunday found that 37 percent of likely voters intend to vote to remove all three justices and 34 percent say they will vote to retain all the judges. Another 10 percent plan to retain only some justices, 11 percent don't intend on vote on the judges and 8 percent aren't sure how they'll vote.

If Chief Justice Marsha Ternus and justices David Baker and Michael Streit lose retention votes, it will be the first time voters removed an Iowa Supreme Court justice.

Many who participated in the poll said they would base their vote largely on a 2009 Iowa Supreme Court ruling that upheld a lower court decision that a state ban on same-sex marriage violates the constitutional rights of equal protection.

Raymond Curran of St. Olaf, says he'll vote against the judges because he thinks they're pushing their own agenda.

"I have no problem with gay rights, but it just seems like it's being rammed down our throats," said the 46-year-old Curran. "The judges are supposed to follow the will of the people."

Craig Chumbley of Cedar Falls says he'll vote to retain the justices because he's concerned by the campaign for their removal, led by conservative Sioux City business consultant Bob Vander Plaats.

Vander Plaats launched the effort after losing his bid for the Republican nomination for governor.

"They're trying to politicize the rule of law, and I think it's ridiculous," said the 58-year-old Chumbley. "I get the sense that the people who are voting against retention don't understand the role of courts. These are the people who weren't paying attention in government class."

The Register's poll also found:

- Republican Terry Branstad with a 50 percent to 38 percent lead over Democrat Chet Culver in the race for governor. Although Branstad holds a commanding lead, it is smaller than an earlier Register poll.

- Incumbent Republican U.S. Sen. Charles Grassley leads Democratic challenger Roxanne Conlin, 61 percent to 30 percent.

- Incumbent Iowa Attorney General Tom Miller, a Democrat, leads Republican challenger Brenna Findley, 45 percent to 34 percent.

Selzer & Co. Inc. of Des Moines conducted the telephone poll Oct. 26 to 29 for the Register. The poll has a margin of sampling error of 3.5 percentage points.