Litigation

IA Justice: Marriage Ruling Showed Judicial Independence

By Peter Hardin

With Iowa’s state Supreme Court under fire for its decision legalizing same-sex marriage, a sitting justice has defended the ruling as exemplifying judicial independence.

Justice Mark Cady, addressing graduates of the University of Iowa College of Law, delivered these remarks earlier this year about the controversial decision, according to a Des Moines Register article:

“Judicial independence is what explains why court decisions throughout history can first be criticized, and later embraced as pivotal advancements.”

“Societal change is a part of life, but it seems to emerge through human effort – not human nature. An independent judiciary allows that effort to be recognized, even at times when human nature would urge the well-traveled path of complacency.”

A video of the commencement address from May was posted online this summer, and a link for readers to view it was available from the newspaper article.

Three of Justice Cady’s fellow jurists are facing an ouster campaign for taking part in a unanimous ruling that legalized same-sex marriage in Iowa, and the drive to remove the justices in retention elections has drawn national attention (see Gavel Grab).

Meanwhile a column authored by three former Iowa justices, and published in the Register, was headlined, “Resist attack on judicial system.”

An opinion column in the same newspaper by Kathie Obradovich blasted former Republican gubernatorial candidate Bob Vander Plaats’ message in leading the ouster campaign:

“Vander Plaats says the main effect of removing judges in Iowa will be to send a message that judicial activism won’t be tolerated. But it also sends a message that Iowa voters are open to allowing political campaigns for judicial office. That’s like bringing in a gorilla to swat a spider.”

Full post as published by The Gavel on August 31, 2010 (boomark / email).