JFK awards for ousted Iowa justices, US diplomat

Associated Press Modified: May 7, 2012 at 4:31 pm •  Published: May 7, 2012
Advertisement
;

BOSTON (AP) — President John F. Kennedy's only surviving child celebrated what would have been his 95th birthday this month by honoring three Iowa judges who were ousted after the court unanimously decided to legalize same-sex marriages.

Caroline Kennedy on Monday also recognized the U.S. ambassador to Syria who risked his life to support opponents of President Basher Assad's regime.

Kennedy heads the John F. Kennedy Library Foundation, which promotes the late president's memory and legacy. She presented the John F. Kennedy Profile in Courage Award on Monday to former Iowa Chief Justice Marsha Ternus and justices David Baker and Michael Streit, all of whom were pushed off the bench in a 2010 retention vote.

The three judges received a sterling silver ship's lantern symbolizing a beacon of hope. The award, designed by Caroline Kennedy's husband, Edwin Schlossberg, and crafted by Tiffany & Co., resembles one belonging to the U.S. Navy's oldest commissioned warship, the USS Constitution.

Ternus, Baker and Streit were among seven justices who decided in 2009 that an Iowa law restricting marriage to a man and a woman violated the state's constitution. Conservative groups and other gay marriage foes spent about $1 million on a political campaign to oust the judges, who chose not to raise money or campaign to avoid dragging the judiciary into politics.

"We recognized that opposition would surface. We were not naive," Baker said at the award ceremony. "Had we chosen to form campaign committees and actively campaigned, we would have tacitly admitted that we were what we claimed not to be — politicians."

That decision by the three judges was courageous in light of the divisive campaign that was unleashed against them, Kennedy said.

"For judges to be targeted for an individual decision is really something that threatens the liberty of all Americans and that's what happened in this case. So the award is intended to both to honor their decision and also make people more aware of the dangers and the threat to an independent judiciary, which is something all Americans should value." Kennedy told The Associated Press.

"The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing," said Kennedy, who is a lawyer.

The danger of politicizing the judiciary is particularly pronounced in areas where state and county judges spend growing amounts of money to get elected or fend off electoral challenges sponsored by groups promoting narrow agendas, she said.

"People aren't so much aware of it, but it's happening in judicial races much more than it ever did before, on the local level and even further up," Kennedy said.

Ternus, the former chief justice, said: "Efforts to intimidate the judiciary and to turn judges into politicians or theologians in robes undermine fair and impartial justice and will, over time, destroy the ability and willingness of judges to do their duty as faithful guardians of the constitution."

Continue reading this story on the...