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View Full Version : Seriously, Iowa?


geekgirl
Feb 24, 2011, 09:21 AM
After a lull in the insanity:

Bill aims to bar gay marriage, review by court (http://www.desmoinesregister.com/article/20110224/NEWS10/102240346/Bill-aims-to-bar-gay-marriage-review-by-court?Frontpage)

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 bill sponsored by six conservative House Republicans.

House File 330 specifically says that the Supreme Court would not be able to overturn or restrict the law if the bill were passed.

Review of laws by the Iowa Supreme Court is one of the fundamental pieces of the state's system of checks and balances, and such a provision faces intense legal hurdles.

A spokesman for Iowa Attorney General Tom Miller said the bill is unquestionably unconstitutional.

One national scholar said prohibiting review would essentially nullify the law if it were to pass by making it difficult to prosecute any county recorders who issued a marriage license to a same-sex couple.

"Everyone is trying to do weird things about same-sex marriage, and they don't get it in terms of law," said Jon Roland, president of the Constitution Society, a public education organization based in Texas. "It's pretty basic. This is fundamental legal theory that should be understood by most lawyers."

A provision in the Iowa Constitution (Article 5, Section 4) appears to give lawmakers the ability to make laws that are not subject to Supreme Court review.

Drake University Law School professor Ian Bartrum said that makes it possible, albeit highly undesirable, that a law could be passed that is beyond the purview of the state's highest court.

"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."

I am getting very sick and tired of valuable time and money being taken up by this. If only the people proposing these bills would listen to reason...

"It flies in the face of the separate branches of government and the checks and balances we have in the structure of our government," said Rep. Cindy Winckler, D-Davenport. "This would deny access to equal justice."

Carolyn Jenison, executive director of One Iowa, the state's largest civil rights group advocating for gay and lesbian families, called the bill "reckless legislating at its worst."

"The Iowa House is leading us toward a constitutional crisis," she said.

Legislation prohibiting Supreme Court review is extremely rare in Iowa, although the same provision was invoked earlier this session as part of House File 153, a bill that would declare all life protected at conception. (:eek:)

Federal courts have ruled that there are limits to what can be considered off limits to U.S. Supreme Court review, and Bartrum said the abortion bill would probably cross the line because it contradicts federal law.

"Since the Civil War, we haven't seen much of this at all," Bartrum said. "There's been a real reluctance on the part of assemblies as far as messing with the separation of powers."

The Iowa Supreme Court unanimously ruled in April 2009 that the state's law prohibiting same-sex civil marriage was unconstitutional.

Last year, three Iowa Supreme Court justices lost their jobs after massive campaigns were launched against their retention.

The Iowa House, where Republicans control 60 of the 100 seats, this year approved a resolution that would launch a constitutional amendment to prohibit same-sex couples from marrying.

A separate initiative, House Study Bill 50, would make it legal for a business owner who cites religious beliefs to refuse to provide jobs, housing, goods or services to people involved in a marriage that violates his or her religious convictions. That bill, known as the "Religious Conscience Protection Act," has stalled after opposition from religious and civil rights groups.

All of the legislative measures restricting same-sex marriage face unlikely futures. The Senate is narrowly controlled by Democrats, and Majority Leader Michael Gronstal of Council Bluffs has vowed to block any such bill.

What will they come up with next????

obeygiant
Feb 24, 2011, 09:23 AM
I first read that as "Bill aims to gay bar marriage" and I was like good for him... :D

leekohler
Feb 24, 2011, 09:31 AM
Bigots will stop at nothing to push their hate.

Rodimus Prime
Feb 24, 2011, 09:59 AM
umm yeah they can say that but not going to stop the courts from over turning it.

Also like it has been pointed out before do not group an entire state based on a small number of Representatives. 6 reps out of the entire states congress is not exactly much.

What really matters is if the bill passes by getting to the floor. If it pigeon holed then it was nothing but political move to sponsor it but never going to be voted on it.

You should look at how many stupid bills are "sponsored" but are just pigeon holed. They do those sponsors to say hey look to some of their voters to say they are working for them but at the same time really prevents pissing off the masses because guess what never have to vote on it and never have to say their true position.

mcrain
Feb 24, 2011, 10:16 AM
Ever play three card monte? Ever watch a magician? The con-artist or magician distracts you or diverts your attention from what is really happening. Here, the GOP are proposing bills they know won't pass to use wedge issues, bigotry, homophobia and religion to distract people from what they actually want to do, and that's replace government of the people with corporate power and control.

fivepoint
Feb 24, 2011, 10:50 AM
Was it passed or is it close to passing? No? Move along folks...

geekgirl
Feb 24, 2011, 11:27 AM
This has just been proposed, but ignoring stuff like this is NOT a good idea. As an Iowan, I damn well want to know that they are wasting time with this junk.

fivepoint
Feb 24, 2011, 01:42 PM
This has just been proposed, but ignoring stuff like this is NOT a good idea. As an Iowan, I damn well want to know that they are wasting time with this junk.

Right. But no one else cares. If I brought up every stupid liberal bill proposed in the Iowa legislature for the past 2 years, it'd be half the threads in this forum. Until there's real news or something actually happens... or maybe even if it represents a larger trend across the country that affects more people than just you and me here, you're just taking up space IMHO.

rdowns
Feb 24, 2011, 01:45 PM
Right. But no one else cares. If I brought up every stupid liberal bill proposed in the Iowa legislature for the past 2 years, it'd be half the threads in this forum. Until there's real news or something actually happens... or maybe even if it represents a larger trend across the country that affects more people than just you and me here, you're just taking up space IMHO.


You know what they say about opinions.

Keep posting these OP. You have to shine the light on the hate legislation that is coming out of the Republican Party state legislatures these days. In fact, I'll be posting a new thread on a Georgia legislature attack on women.