Our judiciary must remain independent

The Iowa Supreme Court's nearly year-old ruling on same-sex marriage sparked a debate in Iowa that continues to burn. But we hope anger over a single court ruling isn't misused to justify doing great harm to Iowa's independent judiciary.

Opponents of the court's ruling in Varnum v. Brien filed measures in the Iowa Legislature this year that would subject state supreme court justices to direct election like Statehouse politicians, and limit their ability to use legal precedent in reaching decisions.

One candidate for governor argues, despite overwhelming evidence to the contrary, that the state's chief executive can nullify Supreme Court rulings. Another wants to make judicial retention votes for three justices this fall into a referendum on same-sex marriage. Some court critics also are calling on voters to clear the way for a constitutional convention, so that amendments can be introduced that would curtail judicial authority.

These shortsighted proposals, forged in the fiery passions of the moment, would permanently damage a court system that's currently among the nation's most respected. An institution that Iowans depend on to safeguard liberties, uphold public safety and help settle scores of disputes big and small would be weakened and politicized.

In Iowa, finalists for openings on the state's highest court are selected by a bipartisan judicial nominating commission, whose members are appointed by the governor and confirmed by the Iowa Senate. The commission bases its recommendations on qualifications and experience. The governor makes the final selection.

Every eight years, justices are subject to retention votes, which are intended to focus on their professional competence - not on the popularity of individual rulings.

It would be unwise to trade this cautious, thorough selection process for a politics-driven system steered by party agendas, special-interest groups and campaign donations. Politicizing the courts would erode Iowans' respect for the supreme court and its decisions. Iowans don't want this state's proud legal heritage to devolve into exchanges of 30-second campaign commercials.

Those who want Iowa's highest court to be more responsive to public sentiment don't seem to understand that its fundamental duty is to ignore popular whim and build its decisions on a foundation of the state constitution and case law.

The court relies on legal precedent, not its justices' personal views. When the court, on rare occasions, strikes down a law approved by the Legislature and governor, it does so based on its clear-eyed interpretation of the constitution, not because it commissioned a public-opinion poll or convened a focus group.

We must sustain that independence. Long after today's debates fade, Iowans will still need a court system they can trust.