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Defendant.
ELECTRONICALLY FILED
6.107, and request that the Court stay the district court case pending
Introduction
1 On June 5, 2019, the District Court stated, on the record, that its
rulings on these evidentiary matters were final rulings. When
a certiorari action alleges a violation of constitutional rights, the
Court conducts an “independent evaluation of the totality of the
circumstances” and reviews de novo. State v. Iowa Dist. Ct., 801
N.W.2d 513, 517 (Iowa 2011).
2
decisions to request Godfrey’s resignation and reduce his salary were
(Exhibit 1 – Order).2
3
unaffected, and people can continue to associate with the religion
that best reflects their views.” Varnum v. Brien, 763 N.W.2d 862, 906
Iowa. The harm to the citizenry is irreparable, and cannot wait for
resolution on appeal.3
4
1. The District Court’s ruling that candidate/Governor
Branstad’s public policy positions are “circumstantial
evidence” that he acted in a discriminatory manner in a
subsequent employment action is a violation of the
constitutional rights of Governor Branstad and the citizens of
Iowa.
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rung” of speech protected by the First Amendment. Connick v. Myers,
461 U.S. 138, 145 (1983); see also Citizens United v. Fed. Election Comm’n,
558 U.S. 310, 329 (2010) (political speech “is central to the meaning
Bellotti, 435 U.S. 765, 776 (1978) (speech on matters of public concern
the elected official or his political party. Rather, it exists – and must
Bond v. Floyd, 385 U.S. 116, 136-37 (1966) (emphasis added). Indeed,
“the First Amendment has its fullest and most urgent application to
6
Freeman, 504 U.S. 191, 196 (1992). “The role that elected officials play
in our society makes it all the more imperative that they be allowed
animals are equal, but some animals are now more equal than others.
agnostic principle that they retain, at all times, the inviolable power
People’s election of candidates who are the People’s only voice. The
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impression – that the voice of the People in directing their own
sustain their petition and remand the case to the District Court for
held:
8
If the evidence establishes that the Republican Party is, in
fact, ‘anti-gay’, testimony of the individual defendant’s
affiliation with the Republican Party would make it more
likely that a particular action was motivated by ‘anti-gay’
animus.
. . . . . . . .
(Exhibit 1, Order, at 14, 17). The District Court’s ruling on this issue
principles.
are inherently political questions that are resolved at the ballot box.
U.S. 347, 357 (1976). For reasons that Plaintiffs hope are self-evident,
9
unconstitutionally – diminishes that most basic freedom. According
for alarm.
Court sustain their petition and remand the case to the District Court
evidence of the private views of any witness that was not “involved”
10
reduce his salary. (Exhibit 1 – Order, at 18). However, the District
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any role ABI played in influencing Governor Branstad’s decisions
12
subjected to civil liability in the future if he listens to his constituents
and remand the case to the District Court for further proceeding
4. The District Court’s ruling that lay opinion testimony that the
Republican Party of Iowa was or is “anti-gay” is a violation of
the constitutional rights of all citizens of Iowa.
13
• Bill Dotlzer: State Senator who plans to testify, consistent
with his declaration, that “[w]e were all aware of the
strong anti-gay beliefs of the Republican party and knew
that was an issue that could influence support for Mr.
Godfrey.”
(Id.).
The District Court denied Plaintiffs’ motion and will permit all
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more probable the employment actions taken against him
were due to his sexual orientation. Quite simply, if the
evidence establishes the Republican party was “anti-gay”
in 2010 and 2011, and in the individual defendants were
members of the Republican party, it is more probable the
employment actions taken against Godfrey were due to
his sexual orientation.
their petition and remand the case to the District Court for further
15
Conclusion
Court grant their Petition for Writ of Certiorari, and stay the district
in the interests of judicial economy, stay the district court case and
16
Telephone: 515-283-3100
Facsimile: 515-283-8045
Email: dlhulett@nyemaster.com
17
Certificate of filing and service
Roxanne Conlin
Devin Kelly
Jean Mauss
ROXANNE CONLIN & ASSOCIATES, P.C.
3721 SW 61st Street, Suite C
Des Moines, IA 50321-2418
Phone: (515) 283-1111
Fax: (515) 282-0477
Email: roxlaw@aol.com
Email: dkelly@roxanneconlinlaw.com
Email: jmauss@roxanneconlinlaw.com
ATTORNEYS FOR PLAINTIFF
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