The Clinton Herald, Clinton, Iowa

Opinion

November 3, 2012

READERS' LETTERS: Court was wrong with gay marriage ruling

CLINTON — Perhaps you too have received an “education” from some of Iowa’s political/legal elites?

Specifically, former Iowa Supreme Court Justices Ternus, Baker, and Streit, along with the Iowa Bar Association, have told us ignorant folk the 2010 ousting of the aforementioned judges was a travesty that should not be repeated with Justice Wiggins this Nov. 6th.

In a recent, statewide editorial piece these former Justices claim their unanimous 2009 “Varnum decision” (that which ushered in so-called same-sex marriage in Iowa) was a just and constitutional ruling, even going so far as to quote some of our country’s Founding Fathers.

I humbly submit what I believe we everyday Iowans already know in our hearts: the Justices’ understanding and application of the rule of law is utterly incorrect.

First, Iowa’s Constitution doesn’t have an “equal protection clause” like they claim. The highly respected, Harvard-educated Constitutionalist, Herb Titus, has explained it is clearly “a privileges and immunities clause... a much older common law provision.” Even if we granted the point, as WHO Radio’s Jan Mickelson first taught me, we do not grant (legal) status (a.k.a. equal protection) to behaviors of individuals or groups. In fact, our society limits and even punishes all types of behaviors.

Second, it is true we have three separate branches of government, but those branches ARE NOT EQUAL! Fact: both the Iowa and US Constitutions allow the Legislature to limit the jurisdiction of the courts as they wish. The US Congress can even eliminate entire levels of the court if they desire. Equal, they say?

Third, the Justices claim their decision was “based on the rule of law and nothing else”; they even cite the Justice’s oath of office, in which each Justice vows “to support the Constitution of the United States and… the State of Iowa.” Too many political/legal elites fail to remember that The US Constitution is the “how” of our government, which must always be viewed through the lens of the “why” document: the Declaration of Independence. The Declaration opens with a reference to “The Laws of Nature and Nature’s God” and continues with “we hold these truths to be self-evident... all men are created equal... endowed by their Creator with certain inalienable rights... To secure these rights governments are instituted among Men, deriving their powers from the consent of the governed... whenever any Form of Government becomes destructive, it is the Right of the People to alter or to abolish it...” Iowa’s Constitution also opens with a reference to “the Supreme Being”... “He...” Could it be that American law, and Iowa law, is modeled after and subject to the Law of the God who not only “created the heavens and the earth” but also created the institute of marriage (between one man and one woman) so many years ago? Justice Wiggins and the rest of the 2009 judicial activists botched a no-brainer. The behavior condoned in Varnum simply has no legal standing because the Supreme Law - “of Nature and Nature’s God” - doesn’t allow for it! I know this is hard to understand in a politically correct culture, but truth is Truth whether we like it or not.

Fourth, any who oppose the ousted Justices and the Iowa Bar are accused of “politicizing the Iowa Supreme Court” and are told that our system of judicial retention (which is a great system, by the way) is only for the purpose of removing Justices due to incompetence, lack of ethics, etc. Remember that “self-evident” part from the Declaration? It is pretty clear to this legal simpleton that Justice Wiggins and the rest of the 2009 bench fail the competence (and likely also a simple Biology 101) test.  Fifth, the more pragmatic among us might like to know the same Iowa Bar Association insisting upon Wiggins’ retention scored him an “F” (only 63.3%) in favor of retention in their 2012 Judicial Review compared to his fellow Justices’ ratings of >/= 93.9%. Last but not least, a quote from Justice Wiggins himself: “So tell me, in your best way, how we can get around the Iowa Constitution.”

Check it out at http://nowiggins.com/?page_id=327 and please remember to flip your ballot and vote “No Wiggins” on Nov. 6. Then, let’s we the people hold our Legislature and Governor accountable to grow a backbone and fix this mess.

Lucas A. Frobish,

DeWitt

____

We need Andrew Naeve!

If you have to show a photo ID to get on an airplane, open a checking account, and to buy a beer, you should have to show an ID to vote. I have been working hard but the Iowa Senate has stopped Voter ID. We need common sense in the Iowa Senate! We need Voter ID! We need Andrew Naeve!

Matt Schultz,

Waukee

Matt Schultz is Iowa’s Secretary of State.

____

It is with enthusiasm and excitement that I write to endorse Andrew Naeve for the State Senate of Iowa.

Andrew is a young man of faith from the county, with a college degree in Farm Business Management and Finance from Cornell University, and years of experience owning a small family farm business.  He understands not only the opportunities, but also the challenges of daily working to better the lives of not only his immediate family, but those of his employees, and the community that he’s chosen to live and invest in.

Andrew was born and raised in eastern Iowa.  He is one of us.  He understands the issues and the opportunities.

 As we all know, job growth and creation comes from those who own and operate small businesses, not our government.  Those who have to make a payroll every week know how to operate within the means they have been blessed with.  Andrew has a passion for the State of Iowa to control government spending and I believe he has the experience and the background to lead and help the Iowa Senate accomplish this goal.

As the owner of another small business (Fulton Corporation) and a resident of the city of Clinton, I trust Andrew to represent the interest of this area in Des Moines.  

On Tuesday, I ask you to enthusiastically cast a vote for Andrew Naeve for the State Senate of Iowa.

Dee Willoughby,

Clinton

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