An editorial in the Idaho Press-Tribune takes Idaho legislators to task for passing a resolution urging the impeachment of federal judges who support marriage for same-sex couples. In a sharply worded piece, Opinion Editor Phil Bridges notes that the state House resolution disregards the fundamental constitutional principle of separation of powers. He goes on to remind lawmakers that many of them voted for a law requiring the state’s high school seniors to pass a basic civics test.
Underscoring his point, Bridges writes, “You can’t declare that a judge should be kicked out because he or she has a difference of opinion on constitutional interpretation. That would be akin to judges declaring that lawmakers should be impeached for passing ‘bad law.’”
A wave of court rulings affirming marriage rights for same-sex couples has generated increasing calls for impeachment and censure of judges in a number of states. While some have been symbolic, as in Idaho, others could result in penalties for sitting judges if passed. See Gavel Grab.