It’s odd, but the three Justices given the task of writing an unpopular decision about handing out marriage licenses to gays and lesbians were not retained by Iowa voters and the one lone Polk County Judge that decided the district court case has been retained. Not that Judge Hanson did anything wrong or should be removed; far from it. No, he and they, all did the right thing and that’s the odd part of this. The decision was so unpopular that democracy and the democratic method allowed for removal and the voters spoke their minds. Okay, "Uncle" you won, now what? Did it make you feel better? Did removing these Justices make Iowa a place you'd like to live or one whose people you can just tolerate?

“Okay you three line up over there. Who’s got the gun? Is it loaded? Okay close your eyes, no turn around, we voters don’t want to look you square in the eye.”

Supreme Court Justices Ousted Over Same-Sex Marriage

There is of course only one explanation for the voter's reaction, fear.

Judge Learned Hand once wrote, “There is no fury like that against one who, we fear, may succeed in making us disloyal to beliefs we hold with passion, but have not really won.” And disloyal is what the voters are today. Full of fear and in Iowa there is something less, not something more. As a society we are certainly less than what we strive to be.

It’s all foolish really, because it was always a matter of a Constitutional mandate the judge and the three justices had to follow. This is one of those instances where doing your job got you fired. The saying, let no good deed go unpunished seems appropriate. Now the question remains what will happen to the other four. I can tell you this, they won’t be intimidated by this vote.

So now what next? What is going to change with this vote? Well for starters the legal machinery will sputter to life to come up with three more candidates to stand and get lined up against the wall and wait to be shot in the back of the head by the voters. The remaining four and the new three will go on about their business deciding cases as if this never happened, but waiting for the next retention vote. Will they start looking for other work and consider leaving the bench so that they rather than the voters dictate their future? I suspect they will. Iowa will have a tougher and tougher time getting bright legal minds to sit on it's high court. The part about the job that will be different is three new names and one new Chief Justice to select. Other than that it will be business as usual and one more day in paradise. This will not intimidate a change in the Constitutional mandates they face or the laws requiring them to do that which is unpopular. Gays will continue to be issued marriage licenses. Perhaps a few clerks will refuse to issue licenses and they in turn will be removed from office. Ternus, Streit and Baker will go back to practicing law and probably begin working on a book detailing how Iowa is full of homophobes dating back to some time when Neanderthals roamed the earth. The three, if they choose, will be able to travel far and wide giving speeches of the ordeal they’ve been put through. For me I’m going to miss Mike Streit’s decisions. He writes with humor and a keen sense of wit. David Baker hasn't really had the opportunity to define his service on the Court. I'll miss him as well.

My advice: Marsha, Mike and David, get an agent. There’s a story in this that needs to be told.

To read more see:

• Today's Vote Puts a Pall on the Fall
• The Road Ahead: Shoot the Messenger
• What is the terrible myth of organized society?
• Iowa voters to decide if gayness is contagious.
• Why lawyers and judges need blogs.
• Vander Plaats Advocates Iowan's Practice Groinacology on the Iowa Supreme Court