Vander Plaats wants remaining justices to resign

A leader in the successful effort to reject three members of the Iowa Supreme Court in last month's “no” vote on retention Tuesday called for the remaining four justices who took part in the controversial April 2009 ruling that legalized same-sex marriage in Iowa to resign their posts in an orderly fashion.

Bob Vander Plaats, executive officer of the FAMiLY LEADER and chairman of Iowa For Freedom said the action is required because the integrity and credibility of the current court has been called into question by the Nov. 2 election that ousted the three justices up for retention. He said he is confident that had the other four also been up for retention, that they would have been ousted by voters as well.

“The people have spoken and demanded a change in leadership,” Vander Plaats told a news conference, saying a majority of Iowans have indicated they do not believe the unanimous court acted within their authority in making Iowa “a same-sex marriage state.”

“… I believe it is now time for the four remaining Supreme Court justices to respect the will of the people and uphold the integrity and honor of the court by resigning in a timely fashion,” he said. “This is how we hold judicial activism in check.”

Vander Plaats said the resignations should be tendered in such a way as to keep a three-member quorum in place to keep the Supreme Court functioning during the transition.

Steve Davis, a spokesman for the Iowa Judicial Branch, said “the court chooses not to respond” to Vander Plaats' comments.

A majority of Iowa voters cast ballots Nov. 2 against the retention of Iowa Supreme Court Chief Justice Marsha Ternus and associate justices Michael Streit and David Baker when their terms expire Dec. 31. Current justices not up for retention this year included Mark Cady, who has been designated to take over as interim chief justice on Jan. 1, along with Brent Appel, Daryl Hecht and David Wiggins.

Vander Plaats, a former high school teacher and principal, likened the current court situation to an under-aged drinking party where some got caught and punished, but those in charge asked the other attendees to “step up” and not let their peers be the only ones to shoulder the punishment for the entire group.

“I think if they self-analyzed, if they looked themselves in the mirror, I think they would say there's a credibility issue with their existence on the court, there's an integrity issue with their existence on the court, and by us bringing it to light to the people of Iowa, I think they're going to understand it more than ever,” he said.

“I don't think it's wishful thinking. I think honestly this is the honorable thing to do,” Vander Plaats told reporters. “They were all part of this ruling. We voted three off because they were the only ones on the ballot. Had the other four been on the ballot, they would have been voted off as well.”

Vander Plaats applauded statements that Governor-elect Terry Branstad made to reporters this week indicating he would look for candidates with “more judicial restraint” in filling the three current Supreme Court vacancies, and for calling it “a tragic mistake” when the court last year struck down as unconstitutional a state law defining marriage in Iowa as only between one man and one woman.

The Sioux City businessman and unsuccessful 2010 candidate for the GOP gubernatorial nomination said he was hopeful the Legislature next session would begin the process of allowing Iowa voters to consider a marriage amendment to the constitution, consider statutory changes to protect traditional marriage and revamp the judicial selection process to insure political balance on the commission that nominated candidates for judgeships.

Vander Plaats and others have complained that the current commission's makeup is heavily Democratic, but Wiggins cited past instances during a recent forum in which complaints were made that the commission was too heaving stacked with Republicans when Branstad and former Gov. Robert Ray had the job of appointing half of the commission members.