Three Iowa Supreme Court justices lost their seats Tuesday in a historic upset fueled by their 2009 decision that allowed same-sex couples to marry. Vote totals from 96% of Iowa’s 1,774 precincts showed Chief Justice Marsha Ternus and Justices David Baker and Michael Streit with less than the simple majority needed to stay on the bench. Their removal marked the first time an Iowa Supreme Court justice has not been retained since 1962, when the merit selection and retention system for judges was adopted.
Dr. J writes:
Other courts, state and federal, have failed to discover a right to same sex marriage. It is disingenous for these justices’ to try to brazen it out by claiming that they based “their decisions on the law and the Constitution and nothing else.” They are assuming the very thing that needs to be proven, and which Iowa voters believe cannot be proven, namely that there is an open and shut case for same sex marriage to be found in the Iowa Constitution.
If the right to redefine marriage was Constitutional, the people could surely be convinced to have their legislators enact it in the normal way. Judicial activism would not be needed. Good riddance.
The provincial government plans to introduce human rights legislation that will dissolve the Saskatchewan Human Rights Tribunal in favour of having a court hear the complaints.
Justice Minister Don Morgan said the change, among other reforms to the Human Rights Code, is being undertaken at the suggestion of Judge David Arnot, chief commissioner of the Saskatchewan Human Rights Commission. The commission is the body that receives human rights complaints and occasionally refers a matter to a tribunal for a hearing.
“There seemed to be a lot of support for going forward with it so we felt it was an appropriate piece of legislation to bring at this time,” said Morgan, whose Sask. Party government signalled its intent in the throne speech to move forward with changes, which were first discussed in the spring.
“It will allow for a more streamlined process, more mediation and more expedited handling of files. But the most significant thing is it will no longer be the human rights tribunal. The complaints, when they’re referred on, will go directly to the Court of Queen’s Bench,” Morgan said.
The only problem with Saskatchewan now is that it’s really cold there, and Kate McMillan’s beloved Roughriders aren’t doing too well right now.
UPDATE: Here is a quick introduction to the Human Rights Commissions and Human Rights Tribunals.
That’s Ezra Levant, a Jewish conservative who is the King of free speech in Canada.