The Iowa Supreme Court unanimously decided today that Iowa’s legislatively enacted ban on same sex marriages is unconstitutional under Iowa’s constitution.
There will no doubt now be a drive for a constitutional amendment that will no doubt benefit Republicans at the ballot box in Iowa.
But there shouldn’t have to be a maneuver here or anywhere else. Iowa and the other state courts that have overturned legislatively enacted bans on marriage have done so by substituting the judges’ policy preferences for the legislatures. In doing so, they have then stretched beyond meaning or intention the constitutions of the various states.
The reason is simple: the judges know they are safe. The people will never seek retribution. The people should by impeaching the judges.
Tags: Iowa Supreme Court