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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 09:03 AM
Original message
Constitutional convention in 2010?

Same-sex marriage: Iowa voters can force Constitution forum


Democrats in the Iowa House decided Monday not to move forward this year on a constitutional amendment that would ban gay marriages, but a Republican leader still hopes there will be action this session.

However, there is a way for Iowans to initiate constitutional amendments without the state Legislature, constitutional scholars say.

Iowans can decide every 10 years whether they want to call for a constitutional convention - a question that is already scheduled to be on the general election ballot in November 2010.

If voters decide by a simple majority to hold the convention and delegates agree on a marriage amendment, it could in theory be ready for Iowans to consider as early as a special election in 2011.

...

http://www.desmoinesregister.com/article/20090407/NEWS10/904070386/1004/NEWS02
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rurallib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 09:21 AM
Response to Original message
1. Oh good grief!
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 10:34 AM
Response to Reply #1
2. More info at Bleeding Heartland and Radio Iowa
Radio Iowa: http://www.radioiowa.com/gestalt/go.cfm?objectid=7C883752-5056-B82A-37564748D7E4F088

...
If a constitutional convention comes up with an amendment or amendments to place before Iowa voters, a special election could be scheduled in 2011 according to Mauro. Mauro, the state's top election official, says a constitutional convention could not rewrite the entire state constitution and would be restricted to proposing amendments -- but there's no limit on the number of amendments which could be proposed.

"The legislature -- the General Assembly -- would have to put together a way of electing delegates (to a constitutional convention)," Mauro says. "And then these delegates can come back with all different kinds of changes, including putting anything in there, like asking for propositions to be put on the ballot like some of these other states do, to making some very radical changes."

Since 1970, Iowa voters have been asked once a decade whether they are in favor of a convention where amendments to the state's constitution would be drafted. The proposal has overwhelmingly failed in the past four decades, but Mauro suggests in 2010 gay marriage opponents may unite with others who want to amend the state's constitution, like those who want cities and counties to have authority over large-scale hog lots.

"It opens up a world of possibilities and a lot of maneuvering to see how this process could be put together," Mauro says. "...It's going to provide for very interesting debate, something we've never seen."

If, in 2010, a majority of Iowa voters agree a constitutional convention should convene, Iowa legislators would have to come up with a method of electing delegates in 2011. As for his views on gay marriage, Mauro, a Democrat who is a Catholic, says his religion teaches that marriage is between one man and one woman.
...
_________________________________________________________________________________________

Bleeding Heartland: http://www.bleedingheartland.com/diary/2629/the-coming-battle-to-amend-the-iowa-constitution

...

If voters approve a Constitutional Convention while keeping Democrats in charge of the legislature, Democrats would be able to draft the rules for selecting delegates to that convention. Who becomes a delegate will inevitably influence the kind of amendments the assembly would consider.

Certain interest groups may not be pleased by a campaign to approve a Constitutional Convention. Kay Henderson did some scenario spinning at Radio Iowa today and suggested that road-builders might be afraid of losing the constitutional provision that earmarks all gas tax revenues for the Iowa's Road Use Tax Fund. I wouldn't be surprised if agribusiness fought the idea of a constitutional convention too, because there's a lot of support in both parties for "local control" over large hog confinements.

I assume someone will soon poll Iowans on whether they would vote to call a Constitutional Convention to overturn gay marriage. I'm particularly interested to know whether Iowans who say they are for civil unions, but not gay marriage, feel strongly enough about that to support amending the Iowa Constitution.

Setting aside the constitutional discussion for a moment, many political observers are wondering how the Iowa Supreme Court ruling will affect the 2010 races. This will be a hammer for Republicans to use against Democrats in marginal state legislative districts, even if some of those Democrats themselves oppose gay marriage. I am not too worried, because no Democratic incumbents lost in 2008 after they voted to add sexual orientation to Iowa's civil rights law. The overall economy and deteriorating budget projections are much bigger threats to Democratic incumbents in 2010, in my opinion.

As I mentioned above, Governor Culver doesn't have a lot of good options now. He has no choice but to backtrack on his promise to "do what it takes" to "protect" heterosexual marriage from gay unions. Pushing for a constitutional amendment would produce a strongly negative response from much of the Democratic base. On the other hand, there are also Democrats and independents who oppose gay marriage and will want to see the governor do something. I hope he will use the unanimity of the court ruling and the legal advice he receives from the attorney general as excuses to revise his previous opinion on marriage equality. Republicans will try to hurt Culver on this issue in 2010, but the passionate opponents of gay marriage were never going to vote for Culver anyway.

Paradoxically, Culver could benefit from this controversy if it helps a social conservative win the Republican gubernatorial nomination next year. I believe the governor will win or lose based on economic issues, and he would have a tougher campaign against State Auditor David Vaudt or even Secretary of Agriculture Bill Northey than against a hard-core "values Republican" such as Bob Vander Plaats.

The best scenario for Democrats would be for Congressman Steve "10 worst" King to run against Culver. I don't know anyone from either party who thinks King could win a statewide election. King told the Omaha World-Herald on Friday that he is more likely to run for governor in 2010 if Culver does not "step up" to try to overturn the Iowa Supreme Court ruling.




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rurallib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 10:46 AM
Response to Reply #2
3. I fear that it somehow gets to a vote of 'the people'
The ruling will be overturned. There is a near majority in this country who would love to overturn the bill of rights and totally gut the constitution either for security or to bring the USA to god.
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No More Bushbots Donating Member (192 posts) Send PM | Profile | Ignore Tue Apr-07-09 10:51 AM
Response to Reply #3
4. Never Happen
Whether the Repukes want to admit it or not, America is a center-left nation.
Conservatives are not the majority in this country, progressives don't do a very good job of getting out to vote. That needs to change so we ensure that Republican never happens to our government again.
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 11:51 AM
Response to Reply #4
5. except in California?
Progressives got out the vote just fine in Iowa in 2006 and 2008. So it's not our inability to get people to vote. It's the fear mongering and hatred toward the GLBT community that continues to thrive all through the US.

I'm amazed that RIGHT NOW a legislator from Black Hawk County whose parents weren't allowed to marry, in 1962 in Iowa, because they were of different races is making comments that lean toward a vote against marriage equality.

Fear and hatred - that seems to get votes.
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rurallib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 03:05 PM
Response to Reply #4
7. As long as we get our voters out! But Obama doesn't run in every election
and that's what got the voters out big last time.
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 11:53 AM
Response to Reply #3
6. I'm worried about our own legislators.
Maybe Murphy and Gronstal can keep this from moving to the floor - but what I'm reading in the papers is not too good. Some of our legislators are already making noises about putting it on a general election ballot.
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rurallib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 03:06 PM
Response to Reply #6
8. Is their a way that the house dems can override their leadership.
Murphy may cave, but I think it would take a direct confrontation from god to move Gronstal.
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 03:15 PM
Response to Reply #8
9. IDK - They can vote Murphy out and elect a leader that would allow the vote to go through
x(

Just read Obama's stance on the ruling. I'm amazed.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 03:33 PM
Response to Reply #9
10. Dare I ask?
Got a link to read Obama's stance on the ruling?
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 03:35 PM
Response to Reply #10
11. Sorry...should have provided that...
The White House sent out a statement following the Iowa ruling:

"The President respects the decision of the Iowa Supreme Court, and continues to believe that states should make their own decisions when it comes to the issue of marriage. Although President Obama supports civil unions rather than same-sex marriage, he believes that committed gay and lesbian couples should receive equal rights under the law."


http://www.proudparenting.com/node/2903
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 03:42 PM
Response to Reply #11
12. Eh. That's about what I expected.
Not exactly a thumbs-up endorsement but pretty much consistent with his previous statements.
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rurallib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 09:27 PM
Response to Reply #11
14. Separate but equal OK Barack?
At least Gronstal stands up to the Bullies (video on the front page)
"I will not put discrimination in the Iowa constitution." And that is the issue in on straight forward sentence.
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HuskiesHowls Donating Member (582 posts) Send PM | Profile | Ignore Tue Apr-07-09 10:37 PM
Response to Reply #9
15. Will they have time this year to do that??
Since right now only the Speaker of the house, and the Senate Majority Leader can introduce new bills, and they're already talking about getting things finished for this year yet this week, it doesn't seem that they could do anything this year.

Here's hoping that nothing happens quickly, and as Gronstal's daughter said...paraphrasing....my generation doesn't care. Hey, I'm not her generation, but truthfully, I don't care either. Yes, I'm married, but I have to agree with him.....let the other people enjoy the same privileges, and recognition that I get!!
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 12:04 PM
Response to Reply #15
16. I don't see anything happening this year
It would only be in 2010 and forward that something could happen.
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Blue Gardener Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 07:02 PM
Response to Original message
13. By that time
Hopefully the majority of Iowans will figure out that gay marriage is no threat to anyone.
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No More Bushbots Donating Member (192 posts) Send PM | Profile | Ignore Wed Apr-08-09 12:40 PM
Response to Reply #13
17. They have
And the majority of Americans have figured it out too.
Problem is that the not so silent minority are the only voices being heard.
Maybe if everyone that could vote, did vote, we would have a real representative government in this country.
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Cairycat Donating Member (454 posts) Send PM | Profile | Ignore Wed Apr-08-09 09:00 PM
Response to Reply #17
18. I am not so afraid of a vote on a constitutional amendment
I believe eventually the people of Iowa would not want to deny gays their civil rights. What I am really bothered by is the out of state money, and the use of churches to campaign against civil rights, as happened in California this last November. How can we prevent the millions that were poured out to support Prop 8, the phone banking in churches, etc.?

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IADEMO2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-09-09 07:06 AM
Response to Reply #18
19. We should be prepared. One a hell of a fight is coming. 0-11 in "04

Nov. 3 2004 MSNBC

http://www.msnbc.msn.com/id/6383353/

snip

Elated by an 11-for-11 rejection of gay marriage in state elections, conservatives Wednesday urged Congress to follow suit by approving a federal constitutional amendment that would extend the prohibition nation wide.
end

snip
While the amendments in Mississippi, Montana and Oregon deal only with marriage, the measures in the other eight states also ban civil unions.

According to the National Gay and Lesbian Task Force, there are roughly 2 million people in those states who live in households headed by same-sex couples and could be harmed by the amendments — including state university employees whose domestic partnership benefits could be in jeopardy in Michigan, Ohio and Utah.
end


The right is foaming at the mouth, the middle is wobbly and the left have a portion that don't want to go past civil unions. I just don't understand how the right can deny members of their own families equal rights. You know the have them they just pretend they don't I guess.
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Veruca Salt Donating Member (846 posts) Send PM | Profile | Ignore Sat Apr-11-09 12:39 PM
Response to Reply #17
20. I really don't think the majority of americans have
otherwise Prop H8 wouldn't have passed in California. There are still too many people out there who say they have no problem with GLBT but then in the same breath say they can't get married. Heck, my mother is one of them and I had always thought she supported marriage equality until she started spewing that load of crap. And this is a lady who went to her lesbian friends wedding (in MA) and told how it was so beautiful etc etc and then can turn around and state 'if I could vote on it I'd ban it'. WTF. Seriously.

Civil rights should never be up for a majority vote. Ever.
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