The Elephant in the Room

Iowa Supreme Court Justice Mark Cady gave the State of the Judiciary speech to the General Assembly yesterday.  Many in the chamber sat on their hands during his address.  When he addressed the Court’s ruling on same sex marriage, the Chief Justice explained how the Court “worked hard to author a written decision to fully explain our reasoning to all Iowans.”  He went on to say, “Courts serve the law, not the demands of special interest groups.  By serving the rule of law, courts protect the civil, political, economic, and social rights of all citizens.”  The silence from half of the hall was chilling, especially when I consider some among them want to impeach Cady for how he carries out his duties.

by Rosie O'Beirne

A few hours later and some 1,400 hundred miles away, President Barack Obama stood in front of a crowd of approximately 13,000 Arizonans and addressed the nation at a ceremony to celebrate the lives of the victims of Saturday’s senseless shooting.  He seized the moment to acknowledge the current caustic rhetoric infesting our political discourse.   He said, “But at a time when our discourse has become so sharply polarized – at a time when we are far too eager to lay the blame for all that ails the world at the feet of those who happen to think differently than we do – it’s important for us to pause for a moment and make sure that we’re talking with each other in a way that heals, not in a way that wounds.”

Both men refused to ignore the widening political divide fueled by outrageous and, at times, hateful speech.  They looked into our eyes and took the issue head-on.  We should follow their lead, for the time has come to stop tiptoeing around the elephant in the room.  (The elephant is a well-used metaphor for the big issue a group would prefer to ignore. I am not implying an exclusive link between the Republican mascot and the rotting, stinking, festering disease of vitriolic speech in the modern political arena. The metaphorical elephant can take the form of a donkey, a grizzly and any other mascot.)

I was taken by one particular line from the President’s remarks, “We recognize our own mortality, and we are reminded that in the fleeting time we have on this Earth, what matters is not wealth, or status, or power, or fame – but rather, how well we have loved and what small part we have played in making the lives of other people better.”

I posted this line on my Facebook page and within minutes a high school acquaintance posted a single word in response, “seriously??”  I responded I was and asked if she disagreed with the statement.  She informed me the President’s “agenda” made her discount everything he had to say.  The silent chill I felt during Chief Justice Cady’s speech swept down my spine again and left a shroud of disappointment in its wake.  Like all of us, my Facebook friend can disagree with Mr. Obama’s policies and a day will come when she can cast a vote for another vying to replace him.  However, for her to discount in total any and all things the President says or does is more than silly.  It is an example of the sickness of division that invades America.

Chief Justice Cady and his colleagues ruled on a case based on their interpretation of legal precedent, laws and the Constitution.  They executed their duties without any trace of malfeasance or impropriety.  Those who wish to impeach them because they think they should have reached a different conclusion display a complete lack of understanding of the balance of power in a democracy.  Americans and Iowans should not attack those who reach different conclusions.  They should utilize to the fullest the power of free speech to debate and build a consensus to pass laws and amend the Constitution in a manner that meets the judicial test the Chief Justice outlined in his address.  However, free speech comes with responsibility.  Suggesting that the Court overstepped when what is meant is that it ruled differently than one had hoped, and that all of its members be removed from office by a politically motivated elected body is dangerous and destructive to a free society.  Focus on the issue, not a witch-hunt to rid the court of those who see things differently.

The President urged his countrymen to strive to become the country our children imagine we can be.  In a country of 300 million, there is no doubt we will disagree about how to chart such a course.  One thing is sure, it becomes less likely we will ever get there if we refuse to even consider what the President, Supreme Court, or the guy down the street have to say, because they may support a different party, political mindset or philosophy.  The task ahead will take all we have.  If we waste energy bickering and claiming some are not worthy of thoughtful consideration because of our own preconceived notions, it is a given we will never become what our children want us to be.

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Graham Gillette can be reached at grahamgillette@gmail.com

This entry was first published as a Des Moines Register blog entry.