Appearing on the show of controversial Christian radio host Steve Deace, Vander Plaats once again said if elected governor in 2010 he would issue an executive order stopping same-sex marriage until the legislature either passes a law legalizing it or passes a constitutional amendment banning it.

“I can’t give the people the right to vote on this, but I think I can mobilize people like [Senate Majority Leader Mike] Gronstal and [House Speaker Pat] Murphy by saying no more same-sex marriages until you step up and vote to make this law,” Vander Plaats said.

After doing so, he said he fully expects Democrats to try to remove him from office for “promoting lawlessness.”

“I would like to have that debate, because then Pat Murphy has to go back to his people in Dubuque and tell them we’re going to impeach Vander Plaats because he wants the legislature to do its job in the constitution and he also wants to give you the right to vote,” he said.  “I don’t think that would play very well.”

Mark Kende, director of Drake University’s Constitutional Law Center, said the governor lacks the authority to issue an executive order freezing a decision by the Iowa Supreme Court. And while they disagree on many things, that is “pretty well accepted constitutional law by scholars who are both conservative and liberal.”

If Vander Plaats were to issue such an order, it could result in a constitutional crisis the likes of which the country hasn’t seen since desegregation cases in the Deep South, Kende said. Local officials, who are responsible for issuing marriage licenses, would be stuck between the governor’s executive order and an earlier order from the Iowa Attorney General’s office explaining to county recorders that they have no authority to ignore the court’s ruling.

Ultimately, desegregation cases were settled in the south by the federal government using troops to support the court, an option that is unlikely in Iowa.

“Courts do depend on the executive branch for enforcement, and regular executive disobedience would result in numerous crises,” Kende said. “This is what has happened in some other countries where the executive ignores the judiciary, such as Zimbabwe to give just one example.”

Vander Plaats said the Iowa Supreme Court overstepped its authority when on April 3 it issued an order striking down the state’s Defense of Marriage Act and legalizing same-sex marriage.

“If the Supreme Court goes out of bounds, who holds them in check?” he said. “I believe that’s where the executive branch comes in, to hold them in check. “

How to oppose same-sex marriage has been a focal point of a debate raging within the Republican Party of Iowa. Last month, Republican U.S. Rep. Steve King of Kiron publicly criticized those calling on elected officials to ignore the court’s ruling, saying the only method available to Iowans to stop same-sex marriage is a constitutional amendment.

King’s opinion, which he shared in a guest column for The Des Moines Register, drew harsh criticism from Deace and conservative activist Bill Salier, who said elected officials must be willing to confront the judicial branch, as well as ignore decisions they disagree with.

More recently, Vander Plaats attacked another GOP gubernatorial hopeful, Christopher Rants, for saying the governor does not have the authority to issue such an order.

Senate Majority Leader Mike Gronstal speaks as House Speaker Pat Murphy and former Vermont Gov. Howard Dean look on.

“Our goal is, hopefully for a long time, to do nothing on this issue,” Iowa House Speaker Pat Murphy, D-Dubuque, said. “To let people know that on April 3 there was a ruling, and on April 27 there were a lot of people who said the end of the world was coming. Well, it’s a month later, and the sun is still shining, the grass is still green and people are enjoying their lives and living in more dignity because of what’s happened.”

Murphy and Senate Majority Leader Mike Gronstal, D-Council Bluffs, spoke Thursday night at a reception in their honor hosted by One Iowa, the state’s largest gay rights organization. The day the Iowa Supreme Court overturned the state’s ban on same-sex marriage, Gronstal and Murphy issued a joint statement praising the decision and closed the door on legislative action to overturn it. Over the course of the session’s final weeks, both men repeatedly beat back attempts to push through a constitutional amendment overturning the court’s decision.

Also speaking at the event was former Democratic National Committee chair Howard Dean, who, as governor of Vermont, signed the country’s first civil unions bill into law nearly ten years ago. Dean applauded Gronstal and Murphy for their efforts.

“The reason I am proud of them is that they have done something that is not easy to do,” Dean said. “This is an incredibly emotional issue; I don’t have to tell you what the backlash is. But people in politics who have to face voters, this is the tough thing to stand up for. When people take risks like this on your behalf, you have got to support them.”

Dr. Howard Dean mingles with the crowd at Thursday night's One Iowa event. Also in attendance were U.S. Rep. Leonard Boswell, former Lt. Gov. Sally Pederson, Gov. Chet Culver Press Secretary Troy Price and numerous state legislators.

The summer after the Vermont civil unions bill was signed, Dean said the rhetoric became so heated he wore a bulletproof vest most of the time. Flash forward to last month and Vermont’s legislature was able to overwhelmingly pass a bill legalizing same-sex marriage. That shows how much opinion can change over time.

“Once somebody stands up and says who they are, it’s impossible to discriminate against them,” he said. “Most decent human beings can say terrible things about somebody they don’t know anything about. They can’t say those things about friends and neighbors.”

Despite the praise, Gronstal said he didn’t stand up for same-sex marriage in order to win support.

“We do have to face the voters, but we also have to face ourselves every morning,” he said. “We have to be able to look ourselves in the mirror every day. And by the way, we didn’t do this for the GLBT community. We did this for everybody.”

The goal now, Murphy said, is to make sure the work doesn’t stop and groups like One Iowa continue to fight to elect “open-minded people who are willing to protect the rights of the people of this state.”

Dean agreed, saying if Iowa fails, the entire gay rights movement could fail.

“We have to make sure they get re-elected,” he said. “If they lose, this sets back the movement. People around the country will say: ‘Look what they did in Iowa, and look at the price Democrats had to pay.’ So it makes a big difference.”

Senate File 376 totals $475 million, including $175 million for already approved plans like the Iowa Veterans Home and several corrections projects and the rest invested in the new I-JOBS program for public infrastructure projects.

Senate File 477 includes $100 million for “vertical infrastructure” projects, which includes land acquisition and construction, major renovation and major repair of buildings, utilities, site development, and recreational trails. It also includes $25 million for expanded broadband technology.

Senate File 474 totals $100 million for the University of Iowa to pay for flood recovery.

None of the bills includes money for roads and bridges, a key component in Gov. Chet Culver’s version of the bonding measure.

Democratic legislative leaders, who have indicated they hope to adjourn the session next week, said they are optimistic each of the proposals will be passed and sent to the governor.

“I continue to believe we’ll get a bonding bill through this session of the Legislature,” Senate Majority Leader Mike Gronstal, D-Council Bluffs said. “I think there are disaster-ravaged communities in this state that need our help and we’re going to step up and help those communities. That makes sense, I think, to the vast majority of all Iowans.”

Other issues that could surface in the final days of the session include a Democratic tax plan that ends federal deductibility, a union backed bill giving employees the ability to choose the doctor that treats them for workplace injuries and changes to the state’s sex offender laws.

Senate Majority Leader Mike Gronstal, D-Council Bluffs

Gronstal, who lauded the Supreme Court decision handed down Friday overturning the state’s ban on same-sex marriage, was asked by Senate Minority Leader Paul McKinley, R-Chariton, if he would join with Republicans in crafting a bill to move an amendment forward.

“Eleven years ago, you voted in favor of protecting marriage as between one man and one woman,” McKinley said. “Will  you pledge to work with me and craft a leadership bill on this important issue and bring it to the floor a vote by this body?”

In response, Gronstal shared a story about his daughter, Kate, telling a group of conservative men that opponents of same-sex marriage “have already lost” and that the younger generation doesn’t care.

“I learned something from my daughter that day. That’s what I see, Sen. McKinley,” Gronstal said. “I see a bunch of people that merely want to profess their love for each other and want state law to recognize that.  Is that so wrong?  I don’t think that’s so wrong.”

He has learned a lot since he voted in favor of Iowa’s Defense of Marriage Act in 1998, Gronstal said, and he will not join in the crafting of a marriage amendment.

“Friday I hugged my wife. I felt like our love was just a little more meaningful last Friday night, because thousands of other Iowa citizens could hug each other and have the state recognize their love for each other,” he said.

McKinley thanked Gronstal for his honestly, but said Iowans should have the right to vote on the issue and elected officials shouldn’t stand in the way, later saying the Senate leader was engaging in “pure obstruction.”

“Iowa is a sovereign state and I will accept the will of the people but we will not know the will of the people until a vote of the people is taken and it is wrong for Sen. Gronstal to obstruct that vote,” he said.

Below is McKinley’s statement and request for Gronstal to help craft a marriage amendment:

Below is Gronstal’s response:

“It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency,” the Democrats said in a joint statement, alluding to Gov. Chet Culver’s 2006 campaign slogan, “Iowa Common Values, Iowa Common Sense.”

With same-sex marriage opponents demanding the legislature act to nullify the Court’s decision, Gronstal and Murphy’s unconditional praise of the ruling seems to indicate there will be no rush by Democratic leadership to make the decision an issue before the General Assembly. Both Democrats and Republicans said Thursday that they had doubts the legislature would take up the issue this session.

Here is the full text of their joint statement:

“Thanks to today’s decision, Iowa continues to be a leader in guaranteeing all of our citizens’ equal rights.

“The court has ruled today that when two Iowans promise to share their lives together, state law will respect that commitment, regardless of whether the couple is gay or straight.

“When all is said and done, we believe the only lasting question about today’s events will be why it took us so long.  It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency.

“Today, the Iowa Supreme Court has reaffirmed those Iowa values by ruling that gay and lesbian Iowans have all the same rights and responsibilities of citizenship as any other Iowan.

“Iowa has always been a leader in the area of civil rights.

“In 1839, the Iowa Supreme Court rejected slavery in a decision that found that a slave named Ralph became free when he stepped on Iowa soil, 26 years before the end of the Civil War decided the issue.

“In 1868, the Iowa Supreme Court ruled that racially segregated “separate but equal” schools had no place in Iowa, 85 years before the U.S. Supreme Court reached the same decision.

“In 1873, the Iowa Supreme Court ruled against racial discrimination in public accommodations, 91 years before the U.S. Supreme Court reached the same decision.

“In 1869, Iowa became the first state in the union to admit women to the practice of law.

“In the case of recognizing loving relationships between two adults, the Iowa Supreme Court is once again taking a leadership position on civil rights.

“Today, we congratulate the thousands of Iowans who now can express their love for each other and have it recognized by our laws.”

Senate Majority Leader Mike Gronstal speaking from the floor of the Senate Wednesday night.

The Iowa Senate passed the bonding plan to fund upgrades at corrections facilities across the state, improvements at the Iowa Veterans Home in Marshalltown, several state Department of Natural Resources projects and repairs and maintenance at state facilities. Democrats contend that the money will create 5,000 jobs. Republicans say the plan spends too much on unneeded projects.

All 18 Republican Senators voted against the measure.

“I can’t believe the ‘no’s’ we’re hearing out of you folks,” Gronstal said from the floor of the Senate. “As our unemployment rate climbs in the state of Iowa, your ‘no’ vote tonight is a ‘no’ to 5,000 jobs in this state. I can’t believe Republicans are ‘no’ to jobs, ‘no’ to veterans and ‘no’ to being tough on crime. Unbelievable. “

The Legislature voted last year to borrow money for the same projects using bonds backed by tobacco settlement money. Gronstal said the new plan, which issues annual appropriation bonds, is a better deal for taxpayers because the tobacco money may shrink over time as less and less Iowans smoke.

“I hear all of this talk that now is the wrong time,” he said. “Now is the wrong time to take care of our veterans? I hope all you guys do vote ‘no.’ Iowans will know it’s brave talk about supporting our veterans, but where the money meets the road you guys say ‘No, we’re not going to take care of our veterans.’  When it comes time to talk about corrections, you guys are always tough on crime. Well, we have to lock them up someplace. Do you care about that? Do you care about the safety of our citizens?”

The bill is the first piece of Gov. Chet Culver’s $750 million bonding plan.

“As a former history teacher and Secretary of State, Governor Culver knows the important role that Iowa has in selecting the next President of the United States – both during the nominating season and the general election. As the last three elections have shown, Iowa is now a battleground state, and, as such, the issues of Iowans are heard by the candidates of both parties. If we require our electoral college votes to be cast to the winner of the national popular vote, we lose our status as a battleground state and the opportunity to ensure that the ideas that are important on Iowa’s Main Streets remain important on both ends of Pennsylvania Avenue.  That is why Governor Culver opposes any legislation that would require Iowa’s Electoral College votes to be cast for the winner of the national popular vote.”

Earlier Tuesday, Iowa Secretary of State Michael Mauro declared his opposition to the measure that would require that Iowa enter a compact with other states and agree to cast its electoral votes to the candidate who wins the popular vote.

The announcements from Culver and Mauro put them in direct opposition to Democratic leadership in the Senate.

Senate Majority Leader Mike Gronstal, D-Council Bluffs, released a statement shortly after the governor’s laying out why he supports the bill.

It is mystifying to me why anyone would cling to an antiquated, winner-take-all Electoral College system that allows a person to be elected to the Presidency without winning the most popular votes nationwide. The popular vote reforms will fix this problem and make sure that every Iowan’s vote is counted in every election.

Then, on Thursday, Gronstal told a group of reporters the idea was probably a non-starter.

“I’ve not seen much interest inside our caucus in proceeding with the sale of the lottery,” Gronstal said. “I’ve always thought that was kind of a long shot. It continues to be a long shot.”

The entire saga over privatizing the lottery started when Civic Skinny, the gossip column in Des Moines alt-weekly Cityview, reported that Gov. Chet Culver met with a group of investors who were interested in leasing the lottery. Critics immediately pounced on the idea, saying it is a sweetheart deal to casino executives and political activists who have contributed heavily to Democratic politicians.

Culver has since backed away from the idea, saying no formal talks ever took place and there was never a plan to sell or lease the lottery. Now, it appears Democratic legislative leaders are souring on the plan just one day after saying it was still possible.

Photo by Lisa Yarost, Flickr

“We’re going to continue to tell our caucus members to look for deeper cuts,” Senate Majority Leader Mike Gronstal, D-Council Bluffs, said. “We don’t know when the strain of funds at the national level is going to end. We don’t know what the impact is going to be, so we’ve asked the chairmen of all the budget subcommittees to have very sharp pencils and make cuts beyond what’s in the governor’s budget.”

Areas such as statewide preschool, corrections, teacher pay and Medicaid were exempted from the 6.5 percent budget cut Culver announced Wednesday, but Gronstal said that doesn’t mean those areas are safe.

“Everything is on the table,” he said.

All opinions are welcome, Gronstal said, even those of GOP gubernatorial hopefuls. Gronstal said he is sending a letter to Sioux City businessman Bob Vander Plaats, who announced Monday he is running for governor, and state Auditor David Vaudt, who said his is considering a run, asking them what cuts should be made.

“Vander Plaats, in particular, indicated that the governor should have been more specific in his cuts and was concerned about him suggesting a six and a half percent cut for state departments,” Gronstal said. “I want to hear what his selective cuts would be and I’m going to ask them for that.”

Democrats will soon launch a Web site where state employees or the general public can anonymously suggest ways to cut costs.

“It’s going to be a very tough budget year,” Gronstal said. “We’re going to struggle through it.”

Lundby died Saturday after a long battle with cancer. She seved in the state legislature for 20 years.