Gay marriage issue really about courts overstepping bound

To the Editor,

Adam Faircloth’s letter to the editor misses the mark on several key points. The issue at hand isn’t whether or not gay marriage should be allowed. The issue at hand is whether or not the Iowa Supreme Court (or any court) gets to make and enforce laws. The Iowa Constitution says they don’t. When they issued their opinion on DOMA on April 3, 2009, it was just that — an opinion. At that point, the issue was in the hands of the Iowa legislature to deal with. 

Predictably, the legislature abdicated its authority, and conceded that “the court has spoken, and that’s the law.” But it’s not the law. Not until it has passed both chambers of the legislature and been signed by the governor, or voted on by the people. But the Governor, and the leaders in the Iowa House and Senate, knew what would happen if it came to a vote. The vast majority if Iowans do not want and do not support gay marriage. In fact, the vast majority of Americans do not want it, which is why it has failed in all 31 states where it has been put to a vote, including California and Maine.

Faircloth is also incorrect when he states that this falls under the Equal Protection clause of the 14th Amendment.This argument is nothing more than sleight-of-hand and misdirection. It sounds good, but it is a misunderstanding of the purpose and intent of that clause, and it reflects a misunderstanding of what marriage is. Marriage, by definition, is between a man and a woman. Therefore, “gay marriage” is an oxymoron. There’s no such thing, and there never will be, regardless of what people want to call it. Arguing equal protection on this issue is like arguing that men are discriminated against by not being able to conceive and bear children.   

Thankfully, Gabe Swersie understands all of this, and that, among other reasons, is why he has my support and my vote. There are enough representatives and senators at the State Capitol already who want to punt the ball every time the court expresses an opinion. It’s time we vote in some legislators who have the courage to do their job, and who will honor the fact that they represent We-the-People.