Big wins for marriage supporters in US mid-terms

American pro-marriage activists have welcomed the landmark defeat of the three Iowa Supreme Court judges who ruled last year in favour of same sex marriages.

The result marked the first time in Iowa history that any of its supreme court justices had been rejected by the voters. Analysts said that the result would have major implications for judicial elections across the country.

Pro-marriage majorities were also elected to a number of state legislatures.

Brian Brown, president of the National Organisation of Marriage, hailed the Iowa result as “historic” and said it sent “a powerful message to any judge who thinks they can impose gay marriage by judicial fiat against the wishes of the people”.

Bob Vander Plaats, who headed up Iowa for Freedom, which led the campaign against the judges, said the group was “very proud of Iowa for standing up for freedom and making sure the court is in check. When they over reach and try to make law from the bench and govern from the bench”.

He added: “I think it will send a message across the country that the power resides with the people. It’s we the people, not we the courts.”

Under the system used in Iowa, judges face no opponents and simply need to gain more yes votes than no votes to win another eight-year term. Each of the judges was opposed by around 54pc of voters.

Though the Iowa election was the most prominent, similar ouster campaigns were begun in other states against state supreme court justices running unopposed in retention elections — judges whose rulings on matters involving abortion, taxes, tort reform and health care had upset conservatives.

Those who led the ouster campaign said they were more focused on highlighting to judges elsewhere, including those on the United States Supreme Court, the risks associated with leapfrogging public opinion on the issue of same-sex marriage. They noted that same-sex marriage has been initially approved by supreme courts in four states and by legislators in only three.

Jeff Mullen, lead pastor at the Point of Grace Church, who helped organise religious leaders in opposition to the judges, said the vote should send a message to judges nationwide. “They weren’t supposed to legislate from the bench,” he said. “They did. They’re out of a job.”

Other results from the US midterm election were also good for pro-marriage forces. A number of key state legislatures returned pro-marriage majorities.

In the New Hampshire legislature, pro-marriage representatives now have enough votes to pass into law any bills that Democratic Governor John Lynch vetoes and near the top of the list is repeal of the same-sex marriage law Lynch signed last year.

Kevin Smith, director of Cornerstone Action, which advertised heavily against Governor Lynch on the issue, said he was disappointed Lynch was re-elected but Republican majorities mean that “if he ever does decide to use his veto pen, he’ll find it’s out of ink.”

Republican victories in the governor’s race and in the state legislature mean that a constitutional amendment protecting marriage to overturn the supreme court ruling of last year is now a real possibility.

In Minnesota, Republicans victories in both houses of the Minnesota legislature mean that same-sex legislation is unlikely to be passed and pro-marriage forces are well positioned to get a constitutional amendment protecting marriage.

In Maine, the legislature is now held by mostly pro-marriage representatives, and the new Republican governor Paul LePage is a supporter of traditional marriage.

 

The Iona Institute
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