Legislature exceeded its authority

Bob Vander Plaats claims that the Iowa Supreme Court has exceeded its authority and thwarted the democratic process in the same-gender marriage case. He's clearly wrong. This is a conflict between two laws: the Iowa Constitution of 1857 and the Iowa Defense of Marriage Act of 1998. Both are products of the democratic process.

The Constitution is the fundamental law of Iowa. It created the government. It's the source of all government authority, including the Legislature, so the Legislature doesn't have authority to create a law that violates the Constitution. A law that conflicts with the Constitution is void. The Constitution also requires the Iowa Supreme Court to determine whether the Legislature has created such a law.

Article I, Section 6 of the Iowa Constitution says a law can't give a privilege to any citizen unless it gives the same privilege to all citizens on the same terms. The Defense of Marriage Act gave a privilege to some citizens (opposite-gender couples) but not to all citizens (same-gender couples). The Supreme Court had no choice but to void the law.

The Iowa Constitution was ratified directly by the first Iowans through the democratic process. The Defense of Marriage Act was passed democratically by the Iowa Legislature, but without constitutional authority. When the Supreme Court enforces the Iowa Constitution, it is following the true, original democratic process of the state of Iowa.

It's the Legislature, not the Supreme Court, that has exceeded its authority.

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John M. Maher

Attorney at law

Cedar Rapids