It might be hard to imagine a group of lawyers and judges as the "David" in a David-and-Goliath tale, but that's the position the Iowa State Bar Association (ISBA) found itself in last week.
The group Iowans for Freedom (IFF)who successfully rallied support in 2010 to remove three of the Iowa Supreme Court justices who were part of the unanimous decision Varnum v. Brien, allowing gay marriage in the statehas now set its sights on a fourth, Justice David Wiggins. The ISBA is determine to keep IFF from being successful.
IFF Chairman Robert Vander Plaat and the big red "No Wiggins" bus was on a 17-stop rally tour of Iowa. His fellow speakers were Co-Chairperson Tamera Scott, Executive Director Greg Baker, CatholicVote.org Executive Director Joshua Mercer and Patriot Voices spokeswoman Kim Lehman. Former U.S. Sen. Rick Santorum, R-Pa., and Louisiana Gov. Bobby Jindal made special guest-speaking appearances.
Past ISBA President Dan Moore and Christine Branstad, lawyer and niece of Iowa Gov. Terry Branstad, outfitted a small van with "Yes Iowa Judges" signs and are following the "No Wiggins" bus around the state, stopping at most of the same rally points, giving the other side of the story.
The "No Wiggins" speakers are telling the small crowds at their rallies that the seven justices who ruled in Varnum v. Brienwhich struck down Iowa's Defense of Marriage Actwere making law in the case and were amending the constitution. The Supreme Court is not allowed to do either.
"Yes Iowa Judges" says that the seven justices were not making law or amending the constitution; they were applying the Iowa Constitution, specifically Article 1, section 6, which states in part that "… the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens."
"Yes Iowa Judges" Christine Branstad said last week thataccording to the conservative U.S. Chamber of Commerce's annual State Lawsuit ClimatesIowa's judiciary is rated 10th in the nation while Santorum's home state (Pennsylvania) is rated 40th and Jindal's home state is rated 49th. Given their states' rankings, she expressed her doubts that Santorum and Jindal are great spokespersons for upholding or affirming judicial integrity.