116 3rd St SE
Cedar Rapids, Iowa 52401
Home / Opinion / Guest Columnists
Marriage ruling sets precedent for future dictates
The Gazette Opinion Staff
Oct. 31, 2010 12:56 am
By Bob Vander Plaats
Tuesday's election is shaping up to be one of the most anticipated in memory. Voters are increasingly unhappy, and they should be. Their voices have not been heard for a long time, and an important article in our Constitution, “all power is inherent in the people,” has fallen on deaf ears for way too long.
The arrogance of the ruling class extends beyond fiscal mismanagement and incompetence by politicians that have resulted in unemployment, exploding deficits, debt and stagnant economic growth.
More and more, the ruling class - in the form of appointed judges - is dictating from the bench which societal beliefs are acceptable and which are not. Across America, judges have ruled against “under God” in our Pledge, the National Day of Prayer and a cross in a War Memorial.
Recently in California, a single federal judge, without any sound constitutional basis, decided that 7 million California voters had no right to legally define marriage in a state constitutional referendum.
Surprisingly, here in Iowa, seven Iowa Supreme Court justices ruled similarly, deciding for the rest of us that marriage can no longer be defined as a union between one man and one woman.
So what is the big deal? What difference does it make?
Plenty.
If judges can redefine marriage, they can redefine who should pay taxes and how much, who can own and carry a gun and whose private property rights get protected - or do not.
On April 3, 2009, the Iowa Supreme Court clearly stepped out of its constitutional boundaries and imposed its will on the people of Iowa. They legislated from the bench by declaring Iowa to be a “same sex” marriage state. They executed from the bench by ordering all 99 counties to follow their opinion. They even attempted to amend the constitution from the bench when they claimed to hold Iowa's constitution up to an “evolving standard” with each generation.
Middle School Civics teaches us that it is the power of the legislature, which represents the people, to make law. The executive authority to execute law belongs to the governor. And, most importantly, it is only the people who are authorized to amend the constitution.
The Iowa Supreme Court is granted none of these powers by our constitution. Yet, this unelected body usurped the powers granted to the legislature, to the governor and to the people when they ruled Iowa to be a “same sex” marriage state.
If the people won't stop judges from abusing their power, we should expect an emboldened ruling class to ignore the Iowa Constitution and the notion that their power is derived from the “consent of the governed.” Politicians and judges alike will believe that they can ignore the will of the people and pursue social and economic policies that favor their interests over those of the governed.
It took the Iowa Supreme Court 69 pages of impenetrable legalese to explain its complex theory for redefining marriage. Fortunately, Iowans will have the power to remove three of those Supreme Court justices when they come up for a retention vote Tuesday.
None deserves to be retained.
It's time for Iowans to take a stand for liberty and against the ruling class by voting “no” on all three Supreme Court justices up for retention this fall. The message will be heard loud and clear both here in Iowa and across the country: The ruling class ignores the people at its peril.
Bob Vander Plaats, former candidate for Iowa governor, serves as the state chairman for Iowa For Freedom, online at http://iowaforfree
dom.com/. Comments: bob@iowaforfreedom.com
Bob Vander Plaats
Opinion content represents the viewpoint of the author or The Gazette editorial board. You can join the conversation by submitting a letter to the editor or guest column or by suggesting a topic for an editorial to editorial@thegazette.com

Daily Newsletters