It appeared to me that Governor elect Branstad last Monday in commenting about the judicial nomination committee encouraged those on the board to ignore the constitutional provision on equal protection and to not follow the law of the Iowa Supreme Court as it pertains to same sex marriage. Some may argue that’s not what he said, but semantics aside that’s exactly what he proposed the lawyers and other lay commissioners do. By making such a comment, he himself a lawyer, acts contrary to the rules of ethics we all swear to uphold and in violation of the oath he will take as Governor. As the Governor of this state by saying he would ignore the clear dictates of the Iowa Constitution, he is telling us he intends to violate the oath of office he will swear to uphold. If you don’t believe me then you should read it for yourself.

Branstad: Political imbalance on judicial nominating commission needs to be corrected, Des Moines Register, December 6, 2010

Will the Governor Elect Ignore the Iowa Constitution?

Here is the law that provides the general wording of an Iowa Governor’s Oath of Office. I've underlined the significant language.

Iowa Code/Statutes (Code Chapters & Sections)/2009 Merged Iowa Code and Supplement/TITLE II ELECTIONS AND OFFICIAL DUTIES/SUBTITLE 1 ELECTIONS/CHAPTER 63 TIME AND MANNER OF QUALIFYING/63.5 Governor and lieutenant governor.

63.5 Governor and lieutenant governor.

The governor and lieutenant governor shall each qualify within ten days after the result of the election shall be declared by the general assembly, by taking an oath in its presence, in joint convention assembled, administered by a judge of the supreme court, to the effect that each will support the Constitution of the United States and the Constitution of the State of Iowa, and will faithfully and impartially, and to the best of the officer’s knowledge and ability, discharge the duties incumbent upon the officer as governor, or lieutenant governor, of this state.

[C51, §320, 334; R60, §550, 564; C73, §671, 685; C97, §1178; C24, 27, 31, 35, 39, §1049; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §63.5]  © Iowa Legislature

Is Branstad painting himself into a corner because of his ignorance of law?

Did you read that part about the Constitution of the State of Iowa? I did too. How can a Governor ignore the body of law not just in this state but in the nation about equal protection and still act according to the oath of office he will take? How can a Governor ignore the dictates of the Court and still maintain law and order and the orderly framework of power-sharing the Iowa Constitution envisions? That seems impossible to me, so I have to wonder why it doesn’t to this lawyer who is now the Governor-elect. Perhaps he can explain how he intends to respect the three branches of government while ignoring the Iowa Constitution and the rulings of the Iowa Supreme Court. It might have a lot to do with his not being a practicing lawyer, but I'm certainly willing to listen to this explanation. As a fellow lawyer I’m all ears.