Main | Wednesday, February 23, 2011

Iowa GOP Attempts To Bypass State Supreme Court On Latest Marriage Bill

Another attempt to thwart civil rights in Iowa:
County recorders would be prohibited from issuing marriage licenses to same-sex couples and the Iowa Supreme Court would be unable to rule on the issue under a new bill sponsored by six conservative House Republicans. House File 330 specifically says that the Supreme Court shall not be able to prohibit or restrict the law if the bill were passed. Review of laws by the Supreme Court is one of the fundamental pieces of Iowa’s checks and balances system.

However, there is a provision in the Iowa Constitution (Article 5, Section 4) that allows lawmakers the ability to make laws that skip Supreme Court review, noted Drake Law Professor Ian Bartrum. “It’s technically probably constitutional but it’s a pretty rare and radical step and probably an ill-advised one,” said Bartrum. “I think this is a knee-jerk reaction. They say, we have this power and they don’t think about what this means to the outcome on the ground.”
GOP state Rep. Glen Massie openly admits that his bill is an attempt to install biblical law.
“The Republic is ruled by law. Now the question is from what source do those laws come,” Massie said. Massie continued: “Everything I do in this building I look at as: I swore an oath to a supreme creator to uphold his law. I know that’s something more of a lecture but I want you to know where I come from. Is this guy just another religious Bible-thumping nut or do I have some reasoning for my thoughts? Historically, I think I have some reasoning for my thoughts.”
Still pending is Iowa House Study Bill 50, which would allow the refusal of jobs, goods, housing, and services to LGBT people on the basis of "personal religious conviction."

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