Linn lawyers encourage vote for retention

In April 2009, the seven-justice Iowa Supreme Court unanimously ruled a law barring same-sex marriage violated Iowa's Constitution. That decision, Varnum v. Brien, has led to groups actively campaigning for Iowans to vote out the three justices up for retention Nov. 2.

Regardless if one agrees with Varnum, the court did not overstep its bounds. It fulfilled its constitutionally prescribed duty. The Iowa Constitution provides that any law that is inconsistent with it is void.

The existence of an independent judiciary is vital to the continued preservation of our constitutional protections. That independence simply cannot survive efforts to remove justices from their jobs when they issue a ruling which with some may disagree.

A key example of the vital nature of that independence is the U.S. Supreme Court's 1954 ruling declaring racial segregation of schools to be unconstitutional. That decision drew an angry backlash and declarations of inappropriate judicial activism. Few would levy such a criticism today.

We don't know if history will judge Varnum with equal favor, but it is clear our Supreme Court cannot likely maintain its independence if voters force judges to choose between upholding our Constitution or keeping their jobs.

The Linn County Bar Association Board of Governors respectfully requests you to vote on the retention of the three justices based on a fair review of their professional competence, and not a single politicized decision.

Stepahanie Hinz

President, Linn County Bar Association

On behalf of The Linn County Bar Association Board of Governors

Cedar Rapids