Feature Story - December 2010

 

Political Landscape Altered in the November Elections

Republicans gained control of the U.S. House and several seats in the U.S. Senate, as well as a number of governorships in the midterm elections held last month. In addition, there were some ballot initiatives of note, decided by voters in a handful of states -- dealing with the ramifications of same-sex marriage, abortion, the legalization of marijuana and the imposition of Islamic Sharia law in the courts. In Iowa, which has retention elections, voters rejected three state Supreme Court justices who were part of last year's unanimous ruling to strike down a state law defining marriage as the union between a man and a woman, and which paved the way for gay couples to be married in civil ceremonies. Richard Land, president of the Southern Baptist Convention's Ethics & Religious Liberty Commission, praised the outcome of the Iowa vote.

"As signs at the victory rally declared, ‘No Activist Judges,' and ‘It's we the people, not we the courts.' Kudos to the people of Iowa for reminding us that it is government ‘of the people, by the people, for the people,' not "of the judges, by the judges, for the judges."

Liberty Counsel Founder, Mathew Staver, noted, "Normally, justices are retained without controversy, but because these justices legislated from the bench, by inventing a so-called right to same-sex marriage, all three lost their jobs. Their decision was a gross overreach of their power, a misinterpretation of the Constitution, and a disregard for hundreds of years of precedent.

When the judges signed the same-sex marriage ruling directly opposing the voters and contrary to the constitutional text, they signed their own resignations. The justices crossed the line when they played the role of a legislator and abandoned judicial restraint," Staver said.

Ken Blackwell, a senior fellow at Family Research Council, said, "Iowans joined voters in 31 other states who have affirmed marriage as the union of one man and one woman. Never before had Iowa voters removed a justice from their state Supreme Court. But by strong margins, three judges who sought to legislate from the bench were ousted.

Americans believe in the civil right of marriage. Americans–whenever they are given the chance–vote to support true marriage. When unelected judges conspire to invent new ‘rights,' marriage is in trouble," Blackwell said.

Likewise, FRC President, Tony Perkins, stated, "The people of Iowa have reclaimed their right to govern themselves, under a Constitution whose meaning is clear, by removing three activist judges from power. If judges want to legislate, they should resign and run for office–not exploit their positions on the bench to reshape law and society as they wish. The role of a judge is to read in the Constitution what is actually written there, not to read into the Constitution a radical political and social agenda.

The results of the election show clearly that Americans do not wish to be ruled by an arrogant elite that thinks it knows better than the people what is good for our country. That applies as well to judges who would overthrow the natural definition of marriage as the union of one man and one woman," Perkins said.

Ruth Marcus, a columnist for The Washington Post, stated in an op-ed piece in the newspaper, that "You might look at the Iowa results as a reasonable illustration of accountability in action. After all, what's the point of building in accountability unless you're willing to let voters hold judges accountable? But there is also a difference between giving voters the opportunity to remove judges who behave in inappropriate or unethical ways, and letting retention elections turn into referendums on unpopular rulings. The courts may follow the election returns, but I don't want judges making rulings with an eye on their own electoral fortunes.

There is an inherent tension between independence and accountability. When it comes to the judges–and when judicial activism is in the eye of the beholder–the system needs to be rigged, as the Founders wisely did, in favor of independence," Marcus opined.

In Colorado, Amendment 62, a proposal that would define the beginning of life at conception and which sought constitutional rights for individuals at the onset of "biological development," was defeated by a 3-to-1 margin.

Personhood Colorado and other proponents of the measure argued that regardless of the outcome of the vote, they had raised awareness about the issue and persuaded some women to give birth rather than choose abortion.

Personhood Colorado Director, Keith Mason, told The Denver Post, "We ran a really strong campaign and we've made a difference."

Dahlia Ward, with The American Civil Liberties Union's Center for Liberty, issued a statement applauding the measure's rejection.

"For the second time in two years, voters in Colorado rejected a ballot initiative that could have seriously threatened the ability of women and families to make private health care decisions.

Colorado's decisive victory sends a clear message to the fringe group behind the so-called ‘personhood' measure–we want our government to protect, not interfere with, personal decisions about our health and families. We may not all feel the same about abortion, but we can agree everyone's life and circumstances are different; we must respect people's personal choices even if we wouldn't make the same decision," Ward wrote.

In California, voters rejected Proposition 19, an initiative that would have legalized small amounts of recreational marijuana use statewide, with 53.9 % of the vote.

Marsha Saben, board chairman of Californians for Drug Free Youth, told the San Diego Union-Tribune, "That is a very, very strong indication that Californians have awakened to the problems of legalizing marijuana. I think for too long, marijuana has been equated as nothing more than a can of beer in the minds of many."

However, Alex Kreit, a professor at Thomas Jefferson School of Law, who pushed for passage of the measure, said even in defeat, the results indicate that "people are realizing that the war on marijuana and the war on drugs is a failed strategy. We've been pursuing it for 40 years, and marijuana is just as available now as it was 40-years-ago."

In Oklahoma, a proposed state constitutional amendment that bars the state's courts from considering the imposition of Islamic Sharia law, was approved by a 70-percent margin.

A key backer of the proposal, State Representative Rex Duncan, told Religion News Service, "Sharia law is a competing constitution. It's nothing less than that. It's just an oppressive, barbaric treatment of women. So we're going to force our courts to rely on the U.S. Constitution and statutes, and state constitution statutes."

Passage of State Question 755 prompted Muneer Awad, executive director of the Council on American-Islamic Relations' Oklahoma chapter, to file a lawsuit as an individual challenging the constitutionality of the ballot measure.

In his 27-page complaint, Awad called the amendment a "gross transgression of the Establishment Clause" that would denigrate his faith."

Awad's complaint also stated, "The only interest consistent with both the language and operation of the Sharia ban is an interest in harming an unpopular minority. The goal was to stigmatize Islam by establishing in the public's mind that Islam is something foreign and to be feared."

Americans United for Separation of Church and State, said, "this amendment has no legitimate purpose and is completely unnecessary. The U.S. Constitution, through the Establishment Clause, already prohibits religion from being used as a basis for our laws."

As for the outcome of the midterm elections in general, Americans United Executive Director, the Rev. Barry Lynn, stated, "Voters want Congress to focus on fixing the economy, but Religious Right groups are sure to demand that attention be paid to their divisive agenda."

Lynn said he expects "the Religious Right to push for religious school vouchers, publicly funded ‘faith-based' hiring bias, creationism in the public schools, laws allowing electioneering by churches, ‘Christian nation' resolutions and other measure that undercut church-state separation."

Lynn continued, "Church-state separation is going to be under sustained fire for the next two years in Congress and in many state legislatures. Religious Right leaders are re-energized by the election results, and they are going to want action. Those of us who believe in individual freedom and equality are going to have our hands full."

However, Gary Bauer, chairman of the Campaign for Working Families, and former GOP White House hopeful, declared, "It is clear that the American people have repudiated the left-wing agenda of higher taxes, more spending and bigger government.

There is no spinning the results. The 2010 election is a referendum on President Obama, and the voters have rejected his agenda of failed stimulus bills, cap and trade energy taxes, government takeovers, union bailouts and socialized medicine.

The voters also sent a clear message about what they expect from Washington. By voting for conservative candidates, they are demanding fiscal responsibility, smaller government and more respect for traditional values," Bauer said.

South Carolina Republican Senator Jim Demint cautioned incoming freshmen lawmakers and the GOP establishment not to take this election for granted.

DeMint was quoted by Focus on the Family's DeMint was quoted by Focus on the Family's CitizenLink, as saying ,"America's moving back toward a Constitutional limited government, and the party that carries that mantle will be in power for a long time. This is really not so much about the Republican Party as it is the American people, who realized during this election cycle that they had a lot more power than they knew they had."

That point was echoed by David French, director of the Alliance Defense Fund's Center for Academic Freedom, who said, "Culture matters more than politics–and the fate of the nation rests in the heart and character of its people, not its politicians."

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