Oppose gender balance repeal in Iowa

Amidst the swirling controversy over a recommendation by a state committee to scrap more than 100 Iowa boards and commissions lurks another proposal many might have missed. The Boards and Commissions Review Committee, as it is formally known, also recommended repealing Iowa’s law requiring gender balance on all state boards and commissions.

Changing the gender balance law would be a serious mistake, especially for the judicial nominating commissions that recommend candidates for open seats on Iowa’s district courts, Court of Appeals, and Supreme Court. Iowa women now play a much more significant role in state government since the gender law was passed in 1987, including on judicial nominating commissions. The notion that the law is no longer needed because it worked – which is the catch-22 rationale of the committee – is countered by the facts in Iowa and throughout the country.

Research Shows that Gender Balance Laws Work

As a political science professor, I have conducted extensive research on state judicial nominating commissions and gender parity. With a gender parity law, Iowa beats the national average share of women on state nominating commissions, 47.1% versus 39.7%. The same advantage holds true for the two other states with similar parity requirements, Florida and New Hampshire.

Also worth noting is Iowa’s performance vis-a-vis other states with a governor-controlled appointment process for nominating commission members. Iowa surpasses the average female representation in those states by nearly 10 percentage points.

More Women Bolster Public Confidence

Does it really matter if there are more women on these commissions? It does! When decision-making bodies have equal gender representation, it bolsters public confidence and the perceived legitimacy of those panels. Moreover, research has shown that the very atmosphere of deliberation changes with more women in the group, positively impacting the quality and tenor of discussions.

And symbolic representation isn’t enough. Historically, women's voices have been marginalized, especially in law and politics. Research on gender dynamics in deliberative bodies demonstrates that even when equipped with knowledge equal to or greater than their male counterparts, women often exhibit restraint in debates when men are in the room. Factors such as the "imposter syndrome" and adherence to traditional gender norms can also play significant roles in these dynamics

The journey of women in the legal arena, especially within judicial nominating commissions here in Iowa, is both inspiring and revealing. Protecting that progress is essential. Gender balance not only advances democratic legitimacy but also fortifies public trust in the judicial system. Lawmakers should reject the recommendation to repeal the gender parity law when they take up the review panel’s report during the 2024 legislative session. As society evolves, one can only hope for more inclusive, diverse, and balanced decision-making bodies – not less.

Rachel Paine Caufield, professor of political science at Drake University, is a nationally recognized scholar on judicial politics and a former research fellow at the Brookings Institution and is a board member of Justice Not Politics, a coalition dedicated to protecting fair courts in Iowa.