Iowa Republicans Threaten to Cut Salaries of Judges Who Backed Marriage Equality

Iowa Republicans are determined to remove the nine state supreme court justices who ruled unanimously in 2009 to allow same-sex marriage in the state, and they'll try just about anything. In 2010, anti-gay groups funded a successful campaign to oust three justices in retention elections. Then Iowa anti-gay leader Bob Vander Plaats called for the remaining justices to resign. When that didn't work, state Republicans then tried to impeach them. Last year, an effort to remove a fourth justice failed at the ballot box. So now Iowa Republicans are trying a different strategy, proposing to dramatically lower the salaries of the remaining judges who were involved in the marriage equality decision. The Iowa City Gazette reports:

A handful of House conservatives want to reduce the pay of Iowa Supreme Court justices involved in a 2009 decision striking down a ban on same-sex marriages as part of an effort to maintain the balance of power in state government.

“It’s our responsibility to maintain the balance of power” between the three co-equal branches of government, Rep. Tom Shaw, R-Laurens, said Tuesday.

The justices “trashed the separation of powers” with their unanimous Varnum v. Brien decision and implementation of same-sex marriage without a change in state law banning any marriages expect between one man and one woman, added Rep. Dwayne Alons, R-Hull.

Their amendment to House File 120, the judicial branch budget bill, would lower the salaries of the four justices on the seven-member court who were part of the unanimous Varnum v. Brein decision to $25,000 – the same as a state legislator.

It’s not meant to be punitive, Alons and Shaw said Tuesday.
“We’re just holding them responsible for their decision, for going beyond their bounds,” Shaw said.

“It’s not the merits of what they said in that decision,” added Alons. He’s trying to stop “an encroaching wave” of judicial activity including decisions on nude dancing and landowner liability – decisions the Legislature also is trying to correct through legislation this session.

The chairman of the state Senate Judiciary Committee tells Gazette “that a plan to pay justices differently based on their role in one case would be unlikely to withstand a court challenge.”

Filed Under