Independent court protects our liberties

Those who rail against judges legislating from the bench fail to understand the role of the judicial branch in our federal democracy. I have received many phone calls alleging that activist judges are usurping the Legislature, which is representative of the “will of the people.” Assuming that to be true, then any bigoted, racist, homophobic or anti-semitic law passed by a state legislature or Congress must be respected without question, no matter that a vulnerable minority gets trampled, beaten or killed as a result of its enactment.

I think we would all agree that the will of the people may indeed be fallible and lead to gross violations of human rights. An independent court system is our assurance that laws harming a minority have no place in this great nation. Although the present outrage fueling this debate is same-sex marriage, I cannot help but think that similar arguments were made by people against women's rights and racial equality.

As a gay lawyer, I am stunned and saddened that so many Iowans see the court system as an enemy, rather than as a guardian of every individual's civil liberties. Still, I have faith that the native Iowan pragmatism will ultimately carry the day, and the justices and judges under fire will be retained to protect our constitutional rights.

Earl B. Kavanaugh

Ames

Attorney at law