Activist COUNTY Judge strikes down IA Marriage Ban
The Iowa State Judicial Branch has a motto:
Administering justice under the law equally to all persons. (emphasis mine)
Now, if I recall correctly, laws in the USA, and in its many states and local governments are ordinarily created by a body of legislature, a council of some sort - town, village and city councils, county legislatures, state assemblies and senates, and finally, the US Congress itself.
And, our system of government has the Executive Branch (vested in Mayors, County Executives, Governors, and Presidents) to enforce and support the law, generally providing for the administration of the laws created by the Legislative Branch.
Lastly, the Judicial Branch offers interpretation of the law, against the properly passed laws, statues, and ordinances of the community, state(s), and the nation, and against precedents set by previous court cases. Determination of a law’s constitutionality, it seems - is relegated to the higher courts (generally, state and federal Supreme Courts).
One would not expect to have a ruling of a decade-old law declared unconstitutional by a low-level county or state district court; any judge on the bench of such a court must no doubt be courting some degree of notoriety and publicity for himself, or a radical judge with an activist agenda.
Or maybe I’m just plain wrong, and minor county judges really can toss out state legislation on its collective ears - and so much for representative democracy, wherein “we the people” selected those legislatures which passed the laws we want enacted (in theory).
And so, the (dubiously) “Honorable” Robert B. Hanson, a judge for Iowa’s Polk County (IA District 5C) decided that Iowa’s marriage law was unconstitutional, and capriciously invalidated the will of the people with a mere tap of his gavel - and there isn’t much that can be done about it other than to appeal the ruling to the Iowa Supreme Court, which could bump it back to the Iowa Court of Appeals, or hear the case, or reject the appeal.
Let’s take a look at the law in question, and see for ourselves if there is any ambiguity in the words of the law, or anything in the language that suggests that marriage in the state of Iowa has a provision of licensing the weddings of non-heterosexual marriages:
Iowa Code 595.2, Subsections 1 - 2
1. Only a marriage between a male and a female is valid.
2. Additionally, a marriage between a male and a female is valid only if each is eighteen years of age or older. However, if either or both of the parties have not attained that age, the marriage may be valid under the circumstances prescribed in this section.
(info/link courtesy of 2ndDivisionVet over on the Freeper boards)
And just in case some nice gay couple was of a mind to try and sneak in through Massachusetts or New Jersey (MA, and I believe NJ condones same-sex marriage)… the Iowa Code says those are invalid (in Iowa) as well:
595.20 Foreign marriages–validity.
A marriage which is solemnized in any other state, territory, country, or any foreign jurisdiction which is valid in that state, territory, country, or other foreign jurisdiction, is valid in this state if the parties meet the requirements for validity pursuant to section 595.2, subsection 1, and if the marriage would not otherwise be declared void.
(emphasis mine)
Well! That sounds pretty clear and unequivocal to me. But apparently not to a leftist judge in Polk County, Iowa.
So, who is this Judge Hanson, and what exactly was his ruling? I’d say he is only the latest in a raft of ultra-leftist judges who enjoy forging socially liberal policy from the bench.
A liberal, say I? Most likely, let’s look at his “bench cred” (from the Iowa Judicial Branch official website) :
District Court Judge, Robert B. Hanson: 5C
Judge Hanson, West Des Moines, was appointed to the bench in 2003. He received his undergraduate education from Stanford University in 1978. He went to the University of Iowa and earned his law degree in 1981. He clerked for the Iowa Supreme Court and practiced law privately prior to his appointment. He is a member of the Polk County, Iowa State and American Bar Associations. He is married with two children.
Funny thing, that. He’s a Stanford grad, and given Stanford’s reputation for tenuring ultra-leftist professors… it wouldn’t at all be surprising that he would be a product of their training.
“Couples, such as plaintiffs, who are otherwise qualified to marry one another may not be denied licenses to marry or certificates of marriage or in any other way prevented from entering into a civil marriage … by reason of the fact that both person comprising such a couple are of the same sex,”
It would seem that the ultra-liberal fringe really doesn’t give a flip about what the majority of people have decided should be law - indeed for them, democracy is only fit for the liberal elites to participate in.
Unless of course, a (state) constitutional amendment is passed to explicitly limit marriage to a heterosexual pair - man and woman.
According to House Minority Leader Christopher Rants, R-Sioux City, this judge’s ruling underscores the necessity of (such) a state constitutional amendment:
“I can’t believe this is happening in Iowa,” he said. “I guarantee you there will be a vote on this issue come January,” when the Legislature convenes.
(from the Detroit Free Press coverage of this item: Freep.com)
Although, with the Republicans a minority in the Iowa Legislature, *and if Chicago exerts anything near considerable drift to the left that New York City has over decisions made in Albany defenders of the family and traditional marriage may have an uphill battle.
* Edit: Es tut mir sehr großer Leit… I made a major geography goof as the first commenter points out… Chicago ain’t anywhere near Iowa. Don’t ask me why I transposed Iowa’s capital with Illinois, I should’ve known better.





Stanford’s reputation for tenuring ultra-leftist professors
We’re talking about the same Stanford that has the Hoover Institute and produced Victor Davis Hanson, right? Precisely which “ultra-leftist” Stanford professors are you thinking of? Name some names.
and if Chicago exerts anything near considerable drift to the left that New York City has over decisions made in Albany - defenders of the family and traditional marriage may have an uphill battle.
Unlike NYC, which is in New York State, Chicago isn’t in Iowa. Have you looked at a map lately? It’s not even close enough to Iowa for Iowa to have bedroom communities for Chicago. You have to drive *across* the state of Illinois to get from Chicago to Iowa.
I don’t know where you get your ideas of judges’ responsibilities, but *all* judges have a duty to uphold their state constitution against laws that would violate it. This is not an oath that only members of the state Supreme Court take. If Judge Hanson is presented with a constitutional challenge to a state law, he is obligated to decide based on what the Iowa constitution says. Because there are no precedents saying that the Iowa constitution allows discrimination on the basis of sex, he said that it doesn’t. This decision undoubtedly will get appealed to the state Supreme Court, whose interpretation of the state constitution binds all other courts. Until then, however, a lower court judge faced with a lawsuit must give his interpretation of the constitution unaided by the higher courts’ guidance. This is not a situation like Brown v. Board, where the U.S. Supreme Court already had OKed segregation and therefore lower courts had to OK it until the U.S. Supreme Court reversed itself. There are no prior state rulings on this matter. If there is no precedent, then the default rule is not, as you seem to think it is, “assume the law constitutional and let some higher court make the actual decision.” A judge cannot reasonably write an opinion that says, “Well, I’m just a lil’ ol’ district judge, so I can’t say that something is unconstitutional.”
Comment by PG — 31 August 2007 @ 4:11 pm
Well.. first off, thanks for catching me on Iowa not being Illinois. For some crazy reason, I transposed the states geographically.
Mea culpa. Really, I should know better, having crossed the nation through Des Moines (the actual capital) more than once.
So, on that account, I reckon we don’t have to worry as much about Chicago’s voters yanking a referendum on LGBT marital rights any time soon.
On the other hand, maybe this is also indicative of a general trend of Iowans leaning Democratic (not only winning 2 Dem seats in the last Congressional race, but also a majority of Dem seats in the State Assembly, not to mention carrying Clinton on both of his runs, and Al Gore in 2000 - 2004 was the odd year out with Bush carrying Iowa).
Even so, if the state trends Democratic, I’d have still expected the Democratic Iowans at large to be a tad more socially conservative than their ideological brethren in say, San Francisco.
I woouldn’t hold my breath on a higher court sustaining Judge Hanson’s ruling. Personally, I think he is just trying to make a name for himself, and perhaps testing to see if a smaller fry like himself can truly legislate from the bench: if there is no specific (State of Iowa) constitutional bar against same sex marriage (SSM), and a higher court sees things his way, then yes - the law will be struck down.
So unfortunately, you are right regarding what you said about lack of precedent or other previous ruling from a higher court (such as Brown v. Board), and in light of there being no apparent and specific constitutional bar against SSM… on principle, the law must be struck (or at least suspended in his jurisdiction).
It doesn’t mean though, that it is truly right.
There are also two things that (should - in my opinion) take higher precedence, before arbitrarily declaring a law null and void:
(1) Status of Social Contract - that at the time of the framing of the constitution, it was generally accepted by the people that SSM was/is an unacceptable option for marriage. There was absolutely no question in the minds of people that SSM was an abominable notion; threfore, there was no need to specifically include a provision against it.
When the need for addressing it arose, the Iowa State General Assembly enacted a law, specifically, Iowa Code 595.2, Subsections 1 - 2, and Section 595.20, addreessing reciprocity and recognition of out of state/non-US issued marriage certificates, wherein they do not violate 595.2 ss.1-2.
Which in plain language says marriage = 1 man + 1 woman. No more, no less.
The Social Contract between government and those governed may have (and has changed, for all but the blindest people to see) has changed a bit since the Constitutions of most of the states were ratified. The process of judicial review may be the best place to challenge it as things stand now– but it comes at a steep and potentially terrible price - as it shreds at the moral fabric and against the sensibilities of those people who cherish the standing law.
It opens up another salient from which radical gays and lesbians can attack the institute of the American Family, and in the long range, the very God who established the Family as one of society’s underpinnings.
Moreover, it “forces” the unwritten social law to the defensive, and uses up valuable resources as it seeks to appeal up to higher courts to overrule the lower court, or worse, upon failing there, to go through the very difficult procedure of amending a constitution, (unless Iowa allows for such a thing to be done by plebiscite).
(2) The more important (in my opinion) is what God has to say about it.
Sadly, God’s Word is not legally binding in that our secular form of government prscribes God almost completely out of the picture, but still important enough because God is the Only True Just Sovereign, the very wellspring and font of all Justice, and the same God who explicitly established marriage as a bond between man and woman.
Indeed, God’s Word on the matter (which has been settled forever - Psalm 119:89) is the final authority, and happy is the judge who judgeth righteously.
“— Open thy mouth, judge righteously, and plead the cause of the poor and needy. —” (Proverbs 31:9, KJV)
If the Hon. Robet B. Hanson were to devote himself to that instead of going against God’s will by marrying LGBTs, and if more of our judges and attorneys did, we would certainly be far better off as a nation.
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Onto your other points -
Concerning Stanford as a “liberal institution”, I don’t think that it is unfair of me to say that it leans in a markedly more liberal direction now, and especially more so than it did some 30-40 years ago. Naturally, one might expect the political attitudes of a university to change even over the longer relative lifespans of tenure.
However, I’m still of the opinion that (however more mildly so than compared to certain other institutions) Stanford U. leans to the left of center, and still further left to where I consider myself to be (granted, I’ve been told that I’m slightly to the right of Attila the Hun).
And what about the Hoover Institute? This article (somewhat dated link below) seems to point to a rift between the political views of the Hoover Inst. and those of the Stanford faculty, and much of the student body at large:
http://daily.stanford.edu/article/2003/1/23/scpjQuestionsHooversRelationshipWithStanford
The author points out that the political science dept. at Stamford is largely dominated by liberals/registered Democrats, compared to about a quarter of the folks at Hoover. Should Hoover really be considered that weighty in its views compared to that of Stanford in generally? Perhaps so, if we are looking at its long term contribution to current American political thought. However, at the student and even the academic’s level, it is more than offset by a preponderance of left-leaning students and faculty.
Folks like Professor V. Hanson are the rare exception - and I hope I have the fortune and blessing of meeting him one day, as I understand he is connected with the History Chair at the Naval Academy (I’m with the Military Academy - [go Army!], and we often host departmental various seminars between the service academies).
Hoover may have much more influence on students of history and political science, fields which draw many to a profession in Law - and quite a number of Stanford grads who currently hold positions of influence in the nation who can be connected with Hoover, or at least can be credibly seen to have drawn some influence from it (Condi Rice comes to mind).
Comment by seekeronos — 2 September 2007 @ 10:27 am
queer marriage, it does not even meet the definition of marriage.homosexuality is a perversion of normal sex therefor they can not form any kind of real marriage as it is not normal.tar and feathers would help this judge to clear his head the rail is optional.
Comment by bruce — 30 October 2008 @ 6:00 pm