
WHO-AM radio host Steve Deace
The idea that same-sex marriage can be outlawed by passing an amendment to Iowa’s constitution was killed when a federal judge in California overturned a similar ban earlier this week, Christian radio host Steve Deace said on his drive-time program Thursday.
U.S. District Chief Judge Vaughn Walker ruled Wednesday that Proposition 8, a voter approved ballot measure in California, violates the federal constitutional rights of gays and lesbians to marry the partners of their choice. Deace, who has been one of the biggest advocates for amending the state’s constitution to define marriage as between one man and one woman, said Walker’s verdict makes the amendment strategy “null and void.”
“I think the ruling makes efforts like the Iowa Marriage Amendment irrelevant,” Deace said. “I think we’d spend an unnecessary amount of time and effort to get that passed — and this is coming from someone, by the way, whom I’m guessing no one gave more free airtime to pass the Iowa Marriage Amendment than I have the last three years. But I’m not going to tilt at windmills here. At this point it doesn’t make a difference.”
Deace’s harshest criticism was reserved for a familiar target: Republican gubernatorial nominee Terry Branstad. Deace supported Branstad’s rival during the GOP primary, Bob Vander Plaats. The two differed on many issues, none more controversial than same-sex marriage. Vander Plaats favored using an executive order to void the Iowa Supreme Court’s 2009 decision legalizing same-sex marriage. Branstad said the idea was not legal and instead favored putting a constitutional amendment on the ballot declaring marriage as between one man and one woman.
“The only thing you do is discredit the governor if you try to do something that’s not legal,” Branstad said in a story in the Sioux City Journal shortly before the primary. “I disagree with what the court did but the answer to that is to do what 31 other states have done and that is to pass a constitutional amendment. Then, that takes it out of the hands of the court.”
Deace said it’s time for Branstad to tell Iowans what the next step is.
“You said you agreed with us but just didn’t agree with our tactic. Okay, well then what’s yours? Because the one you were throwing out there is now null and void. So what’s plan B?” Deace said.
Walker’s decision is being appealed to the Ninth Circuit Court of Appeals, a panel with a liberal reputation. It is widely expected to make its way to the U.S. Supreme Court, which Deace expects will likely decide in favor of same-sex marriage, citing conservative Chief Justice John Roberts’ previous work to overturn a law that would have allowed discrimination against gays in Colorado in the early 1990s. That means Wednesday’s court decision will likely stand unless the court is confronted by the legislative or executive branches, Deace contends.
“If this ruling stands, this is the Roe v. Wade of marriage. It’s over. This is the end of this war. It’s just a matter now of whether we’re going to fight a new one or if we’re going to quit,” he said.
For Deace, that new battle is directly taking on the courts in a manner suggested by Vander Plaats.
“I don’t see any way out of this that doesn’t involve an executive or a legislative branch challenging the court’s overreaching of its jurisdiction,” he said.