Bench Memos

The Iowa Supreme Court’s Attack on Marriage

The lawless judicial attack on traditional marriage and on representative government continues.  Today the Iowa supreme court ruled unanimously (7-0) that a “state statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution.”  Amidst the opinion’s 69 pages of blather, there are two key assertions (and they’re nothing more than that): 

(1) “[E]qual protection can only be defined by the standards of each generation.”  (p. 16)

If you were not attuned to the deceptive rhetoric of living-constitutionalist judges, you would sensibly imagine that that proposition would mean that the court would defer to the standard of the current generation reflected in the statute that Iowa adopted in 1998.  But no: 

(2) “The point in time when the standard of equal protection finally takes a new form is a product of the conviction of one, or many, individuals that a particular grouping results in inequality and the ability of the judicial system to perform its constitutional role free from the influences that tend to make society’s understanding of equal protection resistant to change.”  (pp. 16-17)

 

What gobbledygook. 

The judicial knaves who proudly regard themselves as trailblazers (see pp. 17-18) in carrying out this latest assault on the powers of citizens are Iowa chief justice Marsha K. Ternus and associate justices Mark S. Cady (author of the opinion), Michael J. Streit, David Wiggins, Daryl Hecht, Brent R. Appel, and David L. Baker.

[Cross-posted on The Corner]

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