From USA Today:
Three Iowa Supreme Court justices lost their seats Tuesday in a historic upset fueled by their 2009 decision that allowed same-sex couples to marry. Vote totals from 96% of Iowa’s 1,774 precincts showed Chief Justice Marsha Ternus and Justices David Baker and Michael Streit with less than the simple majority needed to stay on the bench. Their removal marked the first time an Iowa Supreme Court justice has not been retained since 1962, when the merit selection and retention system for judges was adopted.
People don’t appreciate judges legislating from the bench.
In a statement issued early Wednesday, the three justices said: “We hope Iowans will continue to support Iowa’s merit selection system for appointing judges. This system helps ensure that judges base their decisions on the law and the Constitution and nothing else. Ultimately, however, the preservation of our state’s fair and impartial courts will require more than the integrity and fortitude of individual judges, it will require the steadfast support of the people.”
It depends on your definition of “merit.” Other courts, state and federal, have failed to discover a right to same sex marriage. It is disingenous for these justices’ to try to brazen it out by claiming that they based “their decisions on the law and the Constitution and nothing else.” They are assuming the very thing that needs to be proven, and which Iowa voters believe cannot be proven, namely that there is an open and shut case for same sex marriage to be found in the Iowa Constitution.