House Resolution 48 - Introduced HOUSE RESOLUTION NO. 48 BY SHAW , ALONS , DE BOEF , MASSIE , and PEARSON A Resolution impeaching Supreme Court Chief Justice 1 Mark S. Cady for malfeasance in office. 2 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That 3 Supreme Court Chief Justice Mark S. Cady is impeached 4 for malfeasance in office, and that the following 5 article of impeachment be exhibited and presented to 6 the Senate: 7 That Supreme Court Chief Justice Mark S. Cady in 8 violation of his constitutional oath undertaken before 9 taking office to support the Constitution of the United 10 States and the Constitution of the State of Iowa, has 11 committed malfeasance in office through his action to 12 sanction marriage between persons of the same sex in 13 the Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009), ruling 14 issued on April 3, 2009, by the following conduct: 15 ARTICLE I 16 By unconstitutionally exercising functions properly 17 belonging to the legislative and executive departments 18 as follows: 19 (1) By his action in the Varnum case, Chief Justice 20 Cady improperly assumed the function and role of an 21 elected legislator by ordering that the language in 22 Iowa Code section 595.2 limiting civil marriage to a 23 man and a woman must be stricken from the statute as 24 enacted by the legislative department and approved by 25 the governor of the executive department in 1998. 26 (2) By his action in the Varnum case, Chief Justice 27 Cady knowingly and intentionally usurped the proper 28 -1- LSB 1525YH (5) 84 jm/rj 1/ 3

H.R. 48 function delegated solely and exclusively to the 1 legislative department of declaring public policy, 2 through his judicial declaration of a new public policy 3 contrary to long-standing public policy acknowledged 4 by society and established in Iowa Code section 595.2, 5 subsection 1. 6 (3) By his action in the Varnum case, Chief Justice 7 Cady has improperly required the executive department 8 to issue marriage licenses to parties of the same sex 9 in direct contravention of Iowa Code section 595.2. 10 (4) By his action in the Varnum case, Chief Justice 11 Cady has created a constitutional crisis regarding the 12 enforcement of the Varnum ruling by allowing different 13 interpretations of the definition of marriage to 14 exist indefinitely within the separate departments of 15 government, leaving the people with no immediate remedy 16 to address this crisis. 17 (5) By his action in the Varnum case, Chief Justice 18 Cady has created a constitutional imbalance and 19 confusion within the State of Iowa as to the proper 20 constitutional function of each department, thus 21 undermining the integrity of the tripartite separation 22 of powers among the departments and creating social 23 disorder and unrest. 24 BE IT FURTHER RESOLVED BY THE HOUSE, That the 25 conduct of Supreme Court Chief Justice Mark S. Cady, in 26 committing malfeasance in office, warrants impeachment, 27 trial by the Senate, and removal and disqualification 28 from any office of honor, trust, or profit under the 29 state pursuant to the procedures set out in Iowa Code 30 -2- LSB 1525YH (5) 84 jm/rj 2/ 3