House Resolution 50 - Introduced HOUSE RESOLUTION NO. 50 BY SHAW , ALONS , DE BOEF , MASSIE , and PEARSON A Resolution impeaching Supreme Court Justice David S. 1 Wiggins for malfeasance in office. 2 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That 3 Supreme Court Justice David S. Wiggins 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 David S. Wiggins 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 20 Wiggins improperly assumed the function and role of 21 an 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, Justice 27 Wiggins knowingly and intentionally usurped the proper 28 -1- LSB 1466YH (4) 84 jm/rj 1/ 3

H.R. 50 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, Justice 7 Wiggins has improperly required the executive 8 department to issue marriage licenses to parties of the 9 same sex in direct contravention of Iowa Code section 10 595.2. 11 (4) By his action in the Varnum case, Justice 12 Wiggins has created a constitutional crisis regarding 13 the enforcement of the Varnum ruling by allowing 14 different interpretations of the definition of marriage 15 to exist indefinitely within the separate departments 16 of government, leaving the people with no immediate 17 remedy to address this crisis. 18 (5) By his action in the Varnum case, Justice 19 Wiggins has created a constitutional imbalance and 20 confusion within the State of Iowa as to the proper 21 constitutional function of each department, thus 22 undermining the integrity of the tripartite separation 23 of powers among the departments and creating social 24 disorder and unrest. 25 BE IT FURTHER RESOLVED BY THE HOUSE, That the 26 conduct of Supreme Court Justice David S. Wiggins, in 27 committing malfeasance in office, warrants impeachment, 28 trial by the Senate, and removal and disqualification 29 from any office of honor, trust, or profit under the 30 -2- LSB 1466YH (4) 84 jm/rj 2/ 3