Faith in the legal system
Idaho Attorney General Lawrence Wasden didn't necessarily win popularity points with allies in the Legislature early in his career, but he earned citizens' respect for doing the job he was elected to do.
The year was 2004, and several legislative leaders wanted Wasden to provide legal support for a challenge to Indian gaming. Two years earlier, voters had approved a statewide initiative legalizing tribal gaming, and legislators including Senate President Pro-tem Robert Geddes and Senate Majority Leader Bart Davis were critical of Wasden's refusal to do their bidding. Their goal was to find a way to overturn the will of the people on that issue, and Wasden refused.
According to a June 10, 2004, story by The Spokesman-Review's Betsy Z. Russell, Wasden wrote a letter to the Legislative Council explaining his position. Russell's story includes this from Wasden:
"In an adversarial proceeding, the duty of my office is to defend the statutes of the state against constitutional attack if a good faith argument can be made. This is essential in order to protect the legislative function regardless of whether statutes are passed by the Legislature or the people. This is my current role in the Indian gaming litigation, and will continue to be my role."
Passionate feelings about religion and morality played major parts in the debates over Indian gaming, at times threatening to capsize the state's constitutional ship. Wasden, a devoutly religious man, was remarkable in his determination to perform the duties of his office despite pressure from numerous sources.
We have been thinking of that issue while considering Kootenai County Sheriff Ben Wolfinger's dilemma. Wolfinger has cited his strong religious beliefs and a law about "crimes against nature" as reasons for the sheriff's office to potentially drop its Boy Scout troop charter. The law Wolfinger referenced was overturned 10 years ago; legally, "crimes against nature" has no place in the Boy Scout discussion.
Even if you think the sheriff has simply slipped on a statutory banana peel, others recognize a greater danger in the doubt he has suddenly instilled in the citizenry. Our Founding Fathers were adamant about the separation of church and state, insisting that elected officials' interpretation of morality must never supersede the laws they've pledged to follow. When he took office in January, Wolfinger did not swear to uphold his interpretation of the Bible; he swore to uphold the laws of the land.
Whether or not the sheriff's office, under Wolfinger's leadership, retains or rejects its Scout charter is not terribly significant. Nor is the sheriff's personal faith relevant. What matters is that the people of Kootenai County have faith in their sheriff to do his job, ensuring the safety of all citizens regardless of their personal beliefs or private, legal practices.
Wolfinger's a good man who means well. One phone call from the county's top law enforcer to the state's top lawyer could do more than answer a simple legal question. It might help restore the confidence necessary to move forward.