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3 Iowa Supreme Court Justices Voted Out of Office Because of Their Gay Marriage Ruling

By Howard M. Friedman

In Iowa, for the first time since the judicial merit selection system was adopted in 1962, three state Supreme Court justices were voted out of office. Chief Justice Marsha Ternus and Justices David Baker and Michael Streit each received only 45% support for retention. (Unofficial results.) The vote came as a result of a campaign by those who are opposed to the state Supreme Court's ruling last year upholding same-sex marriage. In Varnum v. Brien, (IA Sup. Ct., April 3, 2009), the Iowa Supreme Court held that the Iowa statute limiting marriage to unions between opposite-sex partners violates the equal protection clause of the Iowa Constitution. (See prior posting.)  The Des Moines (IA) Register reports that the campaign to remove the justices spent $650,000, with much of the money from out-of-state conservative and religious groups. The Iowa Independent last month profiled the various groups supporting the campaign to oust the justices. The campaign in support of the justices spent $200,000. Two trial court judges in Polk County who were also targeted kept their seats.  Judge Robert Hanson who sided with same-sex couples at the trial court level received 66% support for retention, while Judge Scott Rosenberg, targeted for signing a gay couple's marriage waiver, was retained by a 69% vote.

Full post as published by Religion Clause on November 03, 2010 (boomark / email).