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Three Iowa Supreme Court justices lost their seats Tuesday in a historic upset fueled by their 2009 decision that allowed same-sex couples to marry. Vote totals from 96 percent of Iowa's 1,774 precincts showed Chief Justice Marsha Ternus and Justices David Baker and Michael Streit with less than the simple majority needed to stay on the bench. Their removal marked the first time an Iowa Supreme Court justice has not been retained since 1962, when the merit selection and retention system for judges was adopted.
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The decision is expected to echo to courts throughout the country, as conservative activists had hoped.*
In a statement issued early today, the three justices said: "We hope Iowans will continue to support Iowa's merit selection system for appointing judges. This system helps ensure that judges base their decisions on the law and the Constitution and nothing else. Ultimately, however, the preservation of our state's fair and impartial courts will require more than the integrity and fortitude of individual judges, it will require the steadfast support of the people."
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"In the end, the aggressive campaign to misuse the judicial retention vote, funded by out-of-state special interests, has succeeded," Drake University Law School Dean Allan Vestal said. "The loss of these three justices is most unfortunate, and the damage to our judicial system and the merit selection of judges will take much to repair."
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Groups that wanted the justices ousted poured more than $650,000 into their effort, with heavy support from out-of-state conservative and religious groups. Campaigns that supported the justices and the current state court system spent more than $200,000.
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Two Polk County judges who faced retention challenges survived with more than 60 percent of the vote, as did all of their colleagues at Iowa's largest courthouse. Judge Robert Hanson, who sided with six same-sex couples in the Polk County District Court ruling, was retained with 66 percent support once all precincts were counted. Polk County District Judge Scott Rosenberg, targeted in a last-minute automated phone campaign for signing one gay couple's marriage waiver, kept his seat on the bench with 69 percent.
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The retention challenge triggered a battle never seen in Iowa's judicial history. Television, radio and Internet ads portrayed the justices as both activists and referees. Robo-calls urged a "no" vote. U.S. Rep. Steve King embarked on a statewide bus tour to rally "no" voters.
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