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Branstad should stand up for equality
Todd Dorman Mar. 29, 2015 3:00 am
So I've made a surprise cameo appearance in the big legal tussle between Iowa's governor and the state's former workers' compensation commissioner he tried to shove from office.
Last November, on the day before Thanksgiving, Gov. Terry Branstad was interviewed by Roxanne Conlin, legal counsel for former Commissioner Chris Godfrey. Branstad demanded that Godfrey quit back in late 2010, despite the fact that the commissioner's term wasn't up until 2015. Godfrey refused, so the administration bad-mouthed his performance and slashed his salary. Still, Godfrey didn't budge.
But he did sue Branstad and a list of administration officials for defamation, breach of contract and discrimination. Godfrey is gay, and contends that was a factor. Branstad's defense has cost taxpayers more than $500,000, so far.
A 441-page transcript of the Branstad-Conlin deposition was released last week. Oddly enough, my name comes up on page 235, when Conlin begins a line of questioning based on an interview I did with then-candidate Branstad back in January 2010.
'Do you remember this interview that you did with Mr. Dorman?” Conlin asks the governor.
'No, I - I don't,” the governor says.
No worries, governor. I remember. It was a frigid day when I met with Branstad at his Urbandale campaign office. The campaign for the Republican nomination was just starting to heat up.
The interview got some attention, mostly because I asked Branstad about gay rights and same-sex marriage. The lawsuit apparently makes his responses relevant again.
Truth is, the governor's default aversion to political risk tied him in knots. And he's still pretty tangled.
Back in 2010, I asked him why he was uncomfortable with same-sex marriage.
'Well, it's got to do with the whole structure of the American society. And, uh, a lot of people say when other ancient societies have gone this direction, it was the beginning of the end of their society. Because, the building blocks of really having stable culture is really having one man, one woman marriage,” Branstad said.
But what do you say to a gay couple with a child who wants that same stability? I asked.
'I don't have any problem, I just don't think it has to be a marriage. I just don't. I guess my feeling is marriage is an institution that was and has been recognized for generations as a contract between one male and one female. I think it should stay that way,” Branstad said in 2010.
'Is that still your opinion?” Conlin asked in November.
'Well, the court has basically changed that, so legally in the state of Iowa we have same-sex marriage. And I accept that is the law of the state,” Branstad told Conlin.
Conlin points out that it was also the law of the land in 2010, thanks to the Iowa Supreme Court's 2009 Varnum ruling.
So what gives? Bob made him do it.
'Well, you've got to have the whole context of the whole campaign,” Branstad tells Conlin, looking back to the 2010 GOP primary.
'And you should have sat through those debates that I had with Bob Vander Plaats and all of the abuse that I took because I refused to go along with his violent - his strong anti-gay position. My position has never been that. I am not Bob Vander Plaats,” Branstad said.
Fair enough. So Branstad accepts same-sex marriage, but he would have preferred something different, such as civil unions. He said he's long favored those, even though, after our 2010 talk sparked some social conservative heartburn, his campaign issued a statement insisting that he flatly opposed civil unions.
'This is apparently a news release ... on your behalf. But I - as I understand what you're telling me, Governor, this is not something that you said or believed?” Conlin asked.
'Right,” Branstad said.
Branstad told Conlin that he disagreed with a state Republican platform plank opposing 'the teaching of homosexual behavior as a normal or acceptable lifestyle in our public schools.”
'And, in fact,” Branstad said. 'I just went through a campaign where we replaced the leadership of the party and got back more of fair-minded, stable people in - in key positions within the party.”
Still, the current GOP platform says, 'We support an amendment to both the U.S. and the Iowa Constitutions defining and supporting the honored institution of marriage as the legal union between one natural man and one natural woman.”
Does Branstad support such an amendment? He won't say.
'Do you oppose an amendment to the U.S. and the Iowa Constitutions that defines marriage in the way set out in the platform?” Conlin asked.
'I don't,” Branstad said.
'Do you support that amendment?” Conlin asked.
'I believe that people should have an opportunity to vote on that,” Branstad said.
'But my question isn't whether or not they should have an opportunity to vote. My question is what you support. Do you support an amendment ' Conlin asked again.
'I have not advocated on that issue,” the governor said.
And if you're wondering which ancient societies collapsed due to same-sex marriage, Branstad picked Rome.
'OK. The Roman empire permitted same-sex marriage?” Conlin asked.
'Well, I'm - not I'm not sure that - these are the kind of things that I guess that I - that I'd heard and - from different sources,” Branstad said.
I honestly don't think Branstad tried to hound Godfrey out of office because he's gay. There's plenty of evidence elsewhere in the deposition that the governor was eager to help his business pals put a management-friendly thumb on the scales of workers' compensation justice. To the governor, so long as the Association of Business and Industry likes you, little else matters.
Branstad accepts the Varnum ruling, understands the vastly altered national landscape and won't say he supports an amendment.
But he still can't bring himself to endorse equality. He plainly harbors disdain for Vander Plaats, and yet still ties himself in knots trying not to offend BVP's slice of the party.
Maybe he's worried about Lt. Gov. Kim Reynolds' likely run to succeed him. Maybe he can't bring himself to admit he was wrong.
And maybe you think it doesn't matter now. But after watching Indiana become the latest state to provide a legal defense for folks who want to wrap their discrimination in a protective blanket of religious faith, I say it still matters.
The governor says he opposes discrimination. And I believe him. It's just too bad he can't stand up for equality.
l Comments: (319) 398-8452; todd.dorman@thegazette.com
A rally in celebration of Friday's Iowa Supreme Court ruling upholding a lower court decision legalizing same sex marriage is held at the Pentacrest in Iowa City on Friday, April 3, 2009. ¬ ¬ (Liz Martin/The Gazette)
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