10 days until first election tests marriage equality in Iowa

Voters will elect a new state representative for Iowa House district 90 in a special election on September 1. The southeastern Iowa district leans slightly Democratic in terms of voter registration, but political scientists have found that special elections and by-elections often favor opposition parties, whose supporters are more motivated to turn out. (Democrats control both chambers of the Iowa legislature as well as the governor's chair.)

Neither Republican Stephen Burgmeier nor Democrat Curt Hanson has highlighted same-sex marriage rights during the brief campaign in district 90, but a major advertising campaign funded by the National Organization for Marriage is likely to put the issue front and center during the final stretch.

Burgmeier is one of three Republican supervisors in Jefferson County, most of which lies in Iowa House district 90. He made a show of posturing against same-sex marriage on April 27, the day the Iowa Supreme Court's Varnum v Brien ruling went into effect. He mentioned his support for giving Iowans "a right to vote on the definition of marriage" in the press release announcing his candidacy for the special election.

However, the Republican-aligned interest groups that are staffing his campaign have decided to focus on taxes and the state budget (for instance, in this television ad). The issues page on Burgmeier's campaign site does not mention gay marriage or abortion. That has angered a right-winger who calls Burgmeier a "sellout" and is running in district 90 with an emphasis on social issues.

Chase Martyn of Iowa Independent posted yesterday that the National Organization for Marriage "has purchased $86,060 worth of television and radio ads" to help Burgmeier. That is a major ad buy for an Iowa legislative district. Martyn uploaded an independent expenditure report (pdf file) that the group filed with the Iowa Ethics and Campaign Disclosure Board, but that document didn't include information about the content or placement of the ads.

I don't know yet how the NOM is framing the marriage equality issue for this campaign. I also haven't heard whether the ads mainly support the Republican or also attack the Democratic candidate. I have asked Iowans in the viewing area for this district to post comments in this thread at Bleeding Heartland.

I hope the NOM's Iowa ads turn out to be as laughable as the group's "Gathering Storm" commercial from April, which spawned many parodies on YouTube and a brilliant response from Stephen Colbert.

The Democratic candidate for the special election is Curt Hanson, a retired driver's education teacher who has won various teaching awards. Hanson is campaigning on bread-and-butter issues: jobs, health care, education, and balancing the budget. He doesn't mention marriage equality or the Iowa Supreme Court ruling on his site's issues page.

Democrats hold a 56-44 majority in the Iowa House. House Speaker Pat Murphy strongly supported the Varnum v Brien ruling and has made clear he will block efforts to bring a constitutional amendment banning same-sex marriage to the House floor. A victory in this special election would be a shot in the arm for the Republican Party of Iowa, which has suffered net losses of seats in the Iowa legislature for four straight elections. In fact, Iowa GOP chairman Matt Strawn has called the district 90 special election a "must win."

If Burgmeier is successful on September 1, expect his campaign strategy to be copied in competitive legislative districts next year. Republican candidates can focus on economic issues while outside groups pay for ads attacking gay marriage.

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Gay marriage will be issue in Iowa House special election

Iowans in House district 90 will elect a new state representative in a special election on September 1, and the Republican candidate appears to be planning to make same-sex marriage a major campaign issue.

The seat opened up when State Representative John Whitaker, a Democrat, accepted a position with the U.S. Department of Agriculture. Republicans didn't even run a candidate against Whitaker in 2008, but Iowa House district 90 has been competitive in the recent past. The southeastern Iowa district contains all of Van Buren County and parts of Wapello and Jefferson counties, including the Fairfield area (home to Maharishi University and the so-called "Silicorn Valley").

The Democratic candidate for the special election is Curt Hanson, a retired driver's education teacher who has won various teaching awards. Hanson plans to campaign on bread-and-butter issues: jobs, health care, education, and balancing the budget.

The Republican candidate is Jefferson County supervisor Steve Burgmeier. His name rang a bell for me because the Jefferson County supervisors made a show of posturing against same-sex marriage on April 27, the day the Iowa Supreme Court's Varnum v Brien ruling went into effect. Burgmeier and his colleagues passed a resolution calling on Iowa legislators to take a stand against same-sex marriage. Since the Iowa Legislature had just adjourned for the year on April 26, the resolution served no purpose other than to put Burgmeier and on record loudly opposing marriage equality. He was probably planning to run for the legislature even before Whitaker's seat opened up; a Republican Bleeding Heartland commenter had been recruiting Burgmeier to run next year in Iowa Senate district 45 (one of the GOP's better pickup opportunities in the upper chamber).

Burgmeier's press release announcing his candidacy for Iowa House district 90 highlighted two issues: cutting government spending and giving Iowans "a right to vote on the definition of marriage." This is the new politically-correct Republican messaging. Instead of acknowledging that they want to write discrimination into the Iowa Constitution, Republicans say, "Iowans deserve the right to vote" on a marriage amendment, as if we were in the habit of subjecting minority rights to a majority vote in this country.

Republicans would like to win this special election for many reasons, not least to fire up their base about the potential to demagogue against committed same-sex Iowa couples next year. Democrats hold a 56-44 majority in the Iowa House. House Speaker Pat Murphy strongly supported the Varnum v Brien ruling and has made clear he will block efforts to bring a marriage amendment to the House floor.

You can donate to Curt Hanson's campaign by clicking here. A strong volunteer effort will be crucial in this low-turnout special election, so if you live within striking distance of southeast Iowa, please consider volunteering for Hanson's campaign before September 1.

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Iowa House Democrats refuse to debate gay marriage ban

Following up on my last post, Iowa House Democrats rejected a second effort on Thursday to bring a constitutional amendment banning gay marriage to the floor for debate.

On Thursday morning Iowa House Speaker Pat Murphy ruled out of order an attempt to bring House Joint Resolution 6 to the floor. The bill was not approved by any House committee before the "funnel" deadline that passed last month. Republicans wanted to suspend the rules to allow the bill to be debated, but as the Des Moines Register explained,

Murphy's ruling today stemmed from the fact that the House cannot suspend rules it has enacted jointly with the Senate. House members can only suspend their own rules.

The only way to suspend the joint rules is for someone to introduce a resolution in the Rules and Administration Committee. If it starts in the House, then there's a vote in House committee and in the full House. If it passes, it goes to Senate committee then a vote of the full Senate.

Republicans vowed not to give up, and during this afternoon's debate, Representative Chris Rants offered an amendment that

would have gutted a $1.25 billion health and human services bill, House File 811, and replaced it with a proposed constitutional amendment to define marriage as between a man and a woman.

Murphy ruled the amendment out of order, but Rants called for a suspension of the rules so his amendment could be debated. The motion to suspend failed on a 54-44 vote, with two Democrats voting with Republicans: Dolores Mertz and Geri Huser. Mertz is a co-sponsor of HJR 6 and a generally lousy Democrat (see here and here). I also learned today from Daily Kos commenter Queen Boudica that Mertz is active with the right-wing American Legislative Exchange Council. Geri Huser is a business-friendly Democrat who won't back key legislative priorities for organized labor. Shame on them for trying to sacrifice a health care bill in order to pass an amendment that would put discrimination in our state constitution.

If any group out there is looking for state-level Democrats to primary in 2010, please add Mertz and Huser to your list. I would imagine that a lot of Iowa Democrats would enthusiastically back progressive challengers to these two. Mertz represents a conservative area of northwest Iowa, but even if a "better Democrat" lost the general election, I believe we would be better off without Mertz in the House Democratic caucus. Huser didn't even have a Republican challenger in 2008, so this is a prime district for electing a better Democrat.

All Iowans represented by one of the 54 House Democrats who stood firm with Speaker Murphy should call or e-mail to say thank you. A few other House Democrats have indicated that they are personally uncomfortable with same-sex marriage, but they did the right thing today by not letting Republicans hijack debate on a health and human services bill.

Murphy released this statement:

"The latest political stunt by House Republicans this afternoon proves this is all about politics.  It's stunning that Republicans would choose to gut health care for our children, veterans, seniors and disabled Iowans to score political points.

Despite today's political posturing and attempts to circumvent rules agreed to by Republicans earlier this year, my goal is to keep our focus on helping middle class families struggling to make ends meet and balancing the state budget.

Iowans expect us to work together on the issues that unite us --good-paying jobs, affordable health care and a quality education."

In more good news, the Des Moines Register quoted Governor Chet Culver confirming that he opposes HJR 6:

"I think we have to be very respectful of the equal protection clause of the Iowa Constitution. This court in a unanimous decision has stated that it is discriminatory to deny people rights that they're given under the current Constitution," [Culver] said.

Culver released a statement supporting the Iowa Supreme Court's ruling on April 7, four days after the court announced its decision. Most other prominent Iowa Democrats reacted more quickly, but Culver told the Des Moines Register that he didn't want to make a "knee-jerk reaction":

"I think it's appropriate to take as much time as necessary, and in my case about four days, to thoroughly read the decision. ... It's 69 pages long. It involves a lot of complex legal arguments on both sides," he said.

Culver said he sat down with Attorney General Tom Miller on Monday to talk about the ruling. He had conversations with other "interested parties." He read many of the "thousands" of messages his office received.

Truth be told, I want to believe Bleeding Heartland user ragbrai08's hunch about the reason for the delay:

Hopefully [...] this means they conducted a quickie poll and found little enthusiasm for amending the constitution.

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Iowa House Speaker rejects attempt to bring constitutional amendment for vote

A few minutes ago Iowa House Speaker Pat Murphy ruled out of order an attempt by Republicans to bring a resolution to the floor on amending Iowa's constitution to ban gay marriage. The resolution did not pass any House committee before last month's "funnel" deadline, so could only have reached the floor if leadership made an exception for it.

I will update this post as more news becomes available. You can read a couple of different play-by-play accounts on the Twitter feeds of journalist Charlotte Eby and Republican Representative Renee Schulte. It sounds as if leadership conferred for a while before Murphy ruled the resolution out of order. Iowa Senate Majority leader Mike Gronstal, who refused to let a similar bill come to the Senate floor on Monday, was in the House chamber this morning speaking with House leaders.

Earlier today marriage equality opponents and supporters rallied at the Iowa capitol. I wasn't there, but Charlotte Eby provided the highlights. Former State Representative Danny Carroll told the crowd that politicians who don't listen to the word of God should be replaced. Someone doesn't seem to understand the constitution too well. Unfortunately for Carroll and fortunately for us, the voters of Iowa House district 75 sent him packing in 2006, and voted him down by a larger margin in his rematch against Eric Palmer last year.

One Iowa is the leading advocacy group for marriage equality in Iowa. If you support their cause, please donate to support their organizing and education efforts.

UPDATE with background: The bill in question, House Joint Resolution 6, proposes an amendment to the Iowa constitution stipulating that marriage is between one man and one woman (here is the text). The co-sponsors of HJR 6 are Republican Dwayne Alons (not one of the brightest lights in Iowa politics) and Democrat Dolores Mertz (the kind of Democrat who votes against good labor bills and buries bills that would reduce pollution from factory farms).

The Iowa legislature's "funnel" date passed in early March. Under the normal rules of operation, bills that did not clear at least one House or Senate committee by that time were dead for the 2009 session.

ANOTHER UPDATE: One Iowa says this is not over yet and is urging supporters of marriage equality to contact their representatives today.

House Switchboard: 515-281-3221

The Des Moines Register explains House Speaker Murphy's ruling:

Murphy's ruling today stemmed from the fact that the House cannot suspend rules it has enacted jointly with the Senate. House members can only suspend their own rules. The only way to suspend the joint rules is for someone to introduce a resolution in the Rules and Administration Committee. If it starts in the House, then there’s a vote in House committee and in the full House. If it passes, it goes to Senate committee then a vote of the full Senate.

That explains why Senate leader Gronstal was in the House chamber this morning. The bill is HJR 6.

The Des Moines Register article also makes clear that House Republicans aren't giving up:

But Republicans hinted that they will make another run at the issue later today. “We’ll just let the day unfold,” said House Republican Leader Kraig Paulsen of Hiawatha. He later added. “The Legislature has a whole mass of rules and while you can use them sometimes to hide behind, sometimes they work to your advantage in other situations.”

I don't pretend to know what rules he is referring to, but please tell all your friends in Iowa to contact their House representatives and ask them to respect the Iowa Supreme Court's decision in Varnum v Brien.

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Conservative Democrat in Iowa House switches to GOP

Representative Dawn Pettengill has made it official. She stood next to House Minority Leader Chris Rants today and announced that she is joining the Republican Party.


In a really classy move, she told the press before she told her former colleagues in the Democratic caucus.

The party switch leaves Democrats with 53 of the 100 seats in the Iowa House. (Democrats hold 30 of the 50 seats in the Iowa Senate, and Governor Chet Culver is a Democrat as well.) More on this development after the jump.

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