Litigation

Hot IA Issue: ?Checking? Court?s Gay Marriage Ruling

By Peter Hardin

An Iowa Supreme Court decision legalizing gay marriage has flared as the top issue in the state’s gubernatorial campaign, in the view of a Republican primary candidate.

Bob Van Der Plaats has pledged that if elected, he would issue an executive order blocking the high court’s decision, the Associated Press reported. On Friday, he called it the “defining issue of this campaign,” according to the Sioux City Journal:

“I believe that not only can a governor hold a Supreme Court in check, it would be negligent for a governor not to hold a Supreme Court in check when they go outside their jurisdiction.”

But former Gov. Terry Branstad, another candidate in the GOP primary, said an Iowa governor doesn’t have such authority:

“The only thing you do is discredit the governor if you try to do something that’s not legal. I disagree with what the court did but the answer to that is to do what 31 other states have done and that is to pass a constitutional amendment. Then, that takes it out of the hands of the court.”

All three Republicans running the primary are asking the legislature to launch a process for the issue to be placed before the voters, who could amend the constitution and overturn the decision.

Gay marriage also is a hot issue in retention elections of three Iowa Supreme Court justices this year. In addition, some candidates for governor have stated they would appoint only justices who oppose gay marriage (see Gavel Grab).

Full post as published by The Gavel on June 01, 2010 (boomark / email).