Opponent of Gay Marriage Taken To Iowan Ethics Committee

DES MOINES, Iowa – An ethics complaint has been made against an Iowan lawmaker because he consistently urged county recorders to defy the Iowan court ruling allowing same-sex marriages. Now it emerges a state official has been forced to send out notices to all of 99 county recorders reinforcing the fact that they must comply with the Supreme Court ruling on same-sex marriage, or be found in breach of their oath, yet again raising the question of religious and political freedoms where gay marriage is concerned.

Clerk Opposes Gay Marriage; Really Breech of Ethics?
Senator Merlin Bartz (R-Grafton) is the lawmaker to come under fire for asking recorders to defy the April 3rd ruling allowing same-sex marriage in the state of Iowa. The ex-Representative making this breech of ethics claim is Ed Fallon. When Mr. Fallon spoke to the Chicago Tribune over the issue, he said, “It’s really important that state lawmakers respect their oath of office and we have really serious questions about whether that’s happening in this case.”

Fallon added that Bartz’s public statements calling for dissent against gay marriage ran contrary to the lawmakers oath to both uphold and encourage others to uphold the laws as brought about by legislative process and by the Supreme Court. “This clearly seems to be inconsistent with that,” added Mr. Fallon.

This also coincides with Iowa Attorney General Tom Miller making his position on such dissent expressly clear when he said “If necessary, we will explore legal actions to enforce and implement the court’s ruling.” It should be noted that this heavy-handed message does follow weeks of gentle prodding from the Attorney General who has released successively stronger statements encouraging county recorders to fall in-line, “We must live by and follow what the courts decide”.

The legislator accused, Bartz, feels he is being targeted unfairly by Fallon and singled out, saying that, “The petition that I have offered is an opportunity for the people of the state of Iowa to honor their ability to petition their government and address grievances,” and called into question the validity of Ed Fallon’s complaint, saying that he and his cohorts are investigating if such complaints are “a pattern by ex-Representative Fallon”.

Bartz will have 10 days in which to respond to this complaint, and after this a Senate Ethics Committee will be assembled, likely for the end of this year’s legislative session.

Right of Conscience Trumps Duty To Same Sex Marriage Law?
A group called The Alliance Defense Fund, an institution that dedicates itself to preserving religious freedoms, upholding the sanctity of life and the traditional family unit, have written a letter to county recorders (along with the Iowa Family Policy Council, both of whom are staunchly anti-gay marriage) saying that Iowans, as part of Iowa law (Iowa Code 146.1) are given the right to follow their conscience, and in so doing can not be made to enforce a law that violates that right.

An excerpt from the letter reads, “This right of conscience protects individuals against coercion by the state authority, and serves as the first line of defense against the cancer of tyranny.” The letter goes on to suggest that there be provision made that no counties be forced to “issue or process a marriage license, or to perform, assist, or participate in such procedures, against that individual’s religious beliefs or moral convictions.”

It then goes on to ask for protections for those who do not wish to perform same-sex marriages so that they can not be discriminated against, which would bring Iowa into line with other states that have, whilst passing gay marriage laws such as those in Massachusetts and Vermont, also passed protections for moral objectors.

The Guardian reports that one Iowa judge has already resigned and is speculating that other Iowa judges may follow. The Guardian also cites that, currently, judges may in fact refrain from carrying out all types of marriage, they simply aren’t allowed to opt-out exclusively on gay marriages.

When gay, lesbians, bisexual and transgender (GLBT) people often come under fire for what anti-gay groups call their receiving of “special rights” it seems that it is those who object to gay marriage that frequently get those rights in day to day life in the form of being pardoned from dealing with GLBTs.

But then again, resolving a matter of conscience against a matter of duty to one’s job poses a difficult and almost seemingly timeless dilemma. It seems too restrictive to say that one can not have moral objections, a breech of personal freedoms even, but how far can they effect your working life as part of a larger society such as in this instance? I’d be interested to hear your thoughts.

Photo used under the Creative Commons Attribution License with thanks to Caucas.

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Disclaimer: The views expressed above are solely those of the author and may not reflect those of
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suzanne s.

4:37PM PDT on Apr 27, 2009

anyone who does want to honour the stipulations of an employment contract has a readily available recourse: resignation.

send a green star

Carol H.

1:29PM PDT on Apr 27, 2009

Everybody has a right to live as they feel fit to do so and that is the way it is.

Barbara C.

10:34AM PDT on Apr 27, 2009

Thank you for your comments, Elizabeth. You have summed up beautifully and clearly the situation of this former Reservist as well as one who lived in Iowa for a time. I am pleased to now have the honor of claiming that temporary residency in a mid-west state unafraid as many seem to be to face a future in what becomes a more broad minded country as time marches on.

Elizabeth I.

8:18AM PDT on Apr 27, 2009

(continued)
an expensive court case to defend him, this official should take the high road--the road to unemployment--so as to try to find a new job which fits his beliefs.

8:14AM PDT on Apr 27, 2009

What if a policeman refused to arrest someone because he didn't believe in the law they had broken? Would this, too, only be a matter of conscience? Of course not! When the officer had taken the job, he/she knew what his duties were--to enforce the law.
Why should it be any different for a representative of the state of Iowa? He/she was elected or appointed to do a specific job and to uphold the laws of the state. Disagreeing with a law does NOT give him the right to say, "Oh this happens to be against my conscience so I just will not do my job," the job that I was elected to do and swore to do and am paid to do. And, in this case, the man was repeatedly asked by his boss to please follow the law before being seriously reprimanded...
When I was younger and joined the Army Reserves, we were told that, while we were serving, we could not join in political protests. This rankled, but it was part of my contract. I sometimes wanted to follow my conscience in this matter, but I had promised, while I was a soldier, that I would complete my service without take part in these events. Promising, or making a contract and sticking to it, IS ethical.
I support gay marriage and believe it is a matter of human justice. In Iowa, it is the law. If one who has promised contractually refuses to uphold this law, he is not just unethical but also has no business sniveling that his "right to conscience" has been violated. Perhaps, rather than expecting the people of Iowa to pay for

Past Member .

3:33AM PDT on Apr 27, 2009

Some DO choose to be gay. Many are born with a hormonal imbalance due to too much or too little testosterone as a fetus. This is detectable when the male or female child begins showing signs of other sex preferences. Simple tests detect these imbalances and prescriptions given to help the body achieve the correct balance of hormones . Yes people, there is a cure.

Mara S.

10:41AM PDT on Apr 24, 2009

Time that people wake up and start realising that they have gays in their houses, families and friends that they do not know about.
What will happen if you have more than one kid that is gay? Will you reject them? Or will you love them?
The person who is gay. DO NOT CHOOSE to be gay.
They are born that way.
There gay people who are what they are because of Moms and Dads that cause it in their lives.
IF they could choose they would choose to be straight because of so callded 'staight' people who reject them. Gossip about them.
They are part of society. Exept them for what they are.
Give them your love and support.
Those Families that reject their kids cousins for what they are, remember what you saw you will reap.
First see what you have in your house, under your roof, before throwing stones at others.
Becareful that it does not come back to you as a boomerang and hit you in the heart.
Meraai