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Same-sex marriage foe faces ethics charge
Lawmaker violated oath urging clerks to deny licenses
Published Thursday, 30-Apr-2009 in issue 1114
DES MOINES, Iowa (AP) – A former legislator has filed an ethics complaint against a northern Iowa lawmaker, claiming he violated his oath of office by urging county recorders to defy a court ruling legalizing same-sex marriage.
Ed Fallon, of Des Moines, filed the complaint April 23 against Sen. Merlin Bartz, R-Grafton.
“It’s really important that state lawmakers respect their oath of office, and we have really serious questions about whether that’s happening in this case,” Fallon said.
Fallon pointed to public comments Bartz has made urging recorders to refuse to comply with an April 3 ruling by the Iowa Supreme Court striking down the state’s ban on same-sex marriage. Fallon argued that the oath of office lawmakers take requires them to follow the law and urge others to do the same.
“We shall obey and encourage people to obey and support the laws of this state,” said Fallon. “This clearly seems to be inconsistent with that.”
Bartz has supported a petition being circulated by the Iowa Family Policy Center, urging county recorders to defy the law.
The complaint also questioned whether public money was used to develop and maintain a Web site that Bartz used to promote the petition.
Fallon noted that the Web site lists as contacts Republican legislative staffers “who are entirely funded at taxpayer expense.”
Bartz denied he’d done anything wrong.
“The petition that I have offered is an opportunity for the people of the state of Iowa to honor their ability to petition their government and address grievances,” Bartz said. “Those petitions are being signed by people across the state.”
Fallon is a former state legislator from Des Moines who lost a bid for the Democratic gubernatorial nomination in 2006. He also lost a challenge to U.S. Rep. Leonard Boswell in the last Democratic primary.
Bartz questioned Fallon’s motives.
“We’re doing a little research to see if that is a pattern by ex-Representative Fallon,” said Bartz.
Under Senate rules, Bartz has 10 days to respond to the complaint. After that response, Senate President Jack Kibbie, D-Emmetsburg, said he would schedule a meeting of the Senate Ethics Committee, likely after the end of this year’s session. Kibbie heads that committee.
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