Profiles in courage

So our ousted Iowa Supreme Court justices officially became “Profiles in Courage” on Monday.

David Baker, Michael Streit and Marsha Ternus came to Boston to receive awards from Caroline Kennedy at the presidential library named for her father. Speeches were given and many photos were snapped. I watched it online. A nice ceremony.

“I was surprised,” Ternus said of learning she would be a recipient. “Because when we cast our vote in Varnum, we weren't thinking of being courageous.”

It was the court's unanimous ruling in Varnum v. Brien, striking down Iowa's ban on same-sex marriage, that led them off the bench and onto the stage Monday. They heard the arguments, weighed the facts and found that the state could not provide a rational constitutional basis for denying marriage rights to same-sex couples. So they ruled accordingly and honored their oath. For that, Iowa voters rejected them, and the John F. Kennedy Library honored them. Baker said he'd rule the same way again, even after it ended his judicial career.

At first I winced a bit at the notion of bestowing lofty honors on people who, basically, did their jobs. But it's clear that the award ceremony was not really about deifying these judges.

It was meant as an affirmation of the principle the court's well-crafted decision upheld: equal protection under the law. Our government simply cannot deny rights and privileges to some of us without real, concrete and compelling reasons. Tradition, personal discomfort, theology or fear are not enough.

And that's a needed, bracing splash of fresh cold water in today's heated political climate, where revving up the “base” into a froth of perpetual outrage is what passes for leadership. Believe it or not, your political scapegoats and targets of your derision are entitled to the very same constitutional protections we all proudly claim. Imagine that. Very tough for some to swallow. Always has been. So, occasionally, we need an independent judiciary to remind us.

“We will not give up. We will push forward. We will persist,” Streit said of defending the ideal of “equal protection for all.”

And the court's ruling still stands. Cynical politicians, righteous charlatans and outside opportunists have all taken their best swings. They took down the justices, but not the ruling.

And I still think it will endure. It looks like marriage equality will take another hit in North Carolina, but, perhaps, that's the high watermark of a cause that will undoubtedly end up on history's scrap heap. I'm betting future profiles in courage will see to it.