Iowa Supreme Court Enters Judicial Activism Hall of Shame


By: Guest Authors

Invents “Right” to “Gay” Marriage

By: Matt Barber

Des Moines, IA – Matt Barber, Director of Cultural Affairs with both Liberty Counsel and Liberty Alliance Action, and Associate Dean with Liberty University School of Law, released the following statement today in response to news that the Iowa Supreme Court has issued an opinion imagining a “fundamental” constitutional right to “same-sex marriage”:

“Here we go again,” said Barber. “While citing the specter of ‘equal protection,’ the Iowa Supreme Court today has unanimously joined a leftist gaggle of ideologically driven judges in California, Massachusetts and Connecticut, creating, from thin air, a phantom ‘right’ to the ridiculous, oxymoronic and postmodern ‘gay’ marriage counterfeit.

“Although, not controlling here” continued Barber, “the U.S. Supreme Court long ago rejected the untenable notion that ‘equal protection’ requires two biologically incompatible persons to be permitted to ‘marry.’ Marriage, of course, by its very spiritual, historical and biological nature, requires binary compatibility. It is no more discriminatory to disallow two men from marrying each other, than it is to prohibit a man from marrying his house plant.

In Baker v. Nelson, our nation’s high court rightfully observed: “The institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis. … Marriage and procreation are fundamental to the very existence and survival of the race.”

“Taking its solemn vow seriously in Baker,” said Barber, “the Supreme Court exercised judicial restraint; properly holding that to rule otherwise would constitute an unconstitutional exercise of ‘judicial legislation.’

“What a contrast. Today, the Iowa Supreme Court cast aside any semblance of judicial restraint doing exactly that which the U.S. Supreme Court detested. It unequivocally engaged in ‘judicial legislation,’ unconstitutionally manufacturing law from the bench. No one in his right mind would suggest that the framers of the Iowa Constitution could have ever imagined the silly and incongruous notion of ‘same sex marriage,’ much less considered it a ‘fundamental right.’

“The Iowa Supreme Court has earned its rightful place in the judicial activism hall of shame. It has infected the wholesome heartland with the same malady eating away at natural marriage, family and morality at our nation’s coastal and ideological fringes.

“If you think you saw a fight in California to restore natural marriage with the successful passage of Proposition 8, then hold on to your hats. Something tells me the fine folks of Iowa don’t cotton to seven black robed autocrats supplanting mid-western values with San Francisco vice.”

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