Iowa GOP Chairman Urges Voters to Remove Supreme Court Justice Responsible for Same Sex Marriage Decision

The Republican Party of Iowa urged voters on Wednesday to oust Justice David Wiggins for his vote on the same sex marriage ruling saying that he was among a handful of judges who overstepped his authority in deciding the matter.

Wiggins and other members of the court declared an Iowa Defense of Marriage Act illegal in 2009, essentially legalizing same sex marriage in the state. Wiggins' term expires in December 2012.

“Justice David Wiggins has no comment,” said Steve Davis, a communication officer for the Iowa Judicial branch.

On Wednesday Republican Party of Iowa Chairman A.J. Spiker, of Ames, issued a statement on the matter, a portion of which follows below:

"The Republican Party of Iowa believes we must be a state based on laws and not the whims of unelected activist judges attempting to impose their personal views on the public. The people of Iowa are tired of increasingly powerful bureaucrats arrogantly and deceitfully instituting law when they have no justification or ability to do so.

Iowa voters ousted three other judges who were in favor of same sex marriage in 2010. Spkier said that the issue of same sex marriage should be decided by an election.

“Just as Iowans successfully showed in 2010, it is again time to put a check on this power and reign in an activist judge from his position of misused authority. This is the only chance voters have to make their voice heard and we must take the opportunity to remove Justice David Wiggins from his post and show him his arrogance and disregard for the law does indeed have consequences,” Spiker stated.

Wiggins released a statement late Wednesday that follows below:

Our system is built on checks and balances between independent branches of government.  Two of the branches are designed to be political.  It is unfortunate that Mr. Spiker apparently thinks that all three branches should be political.   

I have always viewed the role of the judiciary as limited and I am proud of my work in writing opinions and helping resolve the issues that are brought before the court.