House Resolution 49 - Introduced HOUSE RESOLUTION NO. 49 BY SHAW , ALONS , DE BOEF , MASSIE , and PEARSON A Resolution impeaching Supreme Court Justice Daryl L. 1 Hecht for malfeasance in office. 2 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 3 That Supreme Court Justice Daryl L. Hecht 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 Justice Daryl L. Hecht 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, Justice Hecht 20 improperly assumed the function and role of an elected 21 legislator by ordering that the language in Iowa Code 22 section 595.2 limiting civil marriage to a man and a 23 woman must be stricken from the statute as enacted by 24 the legislative department and approved by the governor 25 of the executive department in 1998. 26 (2) By his action in the Varnum case, Justice Hecht 27 knowingly and intentionally usurped the proper function 28 -1- LSB 1526YH (4) 84 jm/rj 1/ 2
H.R. 49 delegated solely and exclusively to the legislative 1 department of declaring public policy, through his 2 judicial declaration of a new public policy contrary to 3 long-standing public policy acknowledged by society and 4 established in Iowa Code section 595.2, subsection 1. 5 (3) By his action in the Varnum case, Justice Hecht 6 has improperly required the executive department to 7 issue marriage licenses to parties of the same sex in 8 direct contravention of Iowa Code section 595.2. 9 (4) By his action in the Varnum case, Justice Hecht 10 has created a constitutional crisis regarding the 11 enforcement of the Varnum ruling by allowing different 12 interpretations of the definition of marriage to 13 exist indefinitely within the separate departments of 14 government, leaving the people with no immediate remedy 15 to address this crisis. 16 (5) By his action in the Varnum case, Justice 17 Hecht has created a constitutional imbalance and 18 confusion within the State of Iowa as to the proper 19 constitutional function of each department, thus 20 undermining the integrity of the tripartite separation 21 of powers among the departments and creating social 22 disorder and unrest. 23 BE IT FURTHER RESOLVED BY THE HOUSE, That the 24 conduct of Supreme Court Justice Daryl L. Hecht, in 25 committing malfeasance in office, warrants impeachment, 26 trial by the Senate, and removal and disqualification 27 from any office of honor, trust, or profit under the 28 state pursuant to the procedures set out in Iowa Code 29 chapter 68. 30 -2- LSB 1526YH (4) 84 jm/rj 2/ 2