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Monthly Archives: January 2011

Epiphany for the Political New Year: Donors Should Be Protected From Pro-SSM Intimidation

January 4, 2011 – 6:43 pm

Constitutional scholar Hadley Arkes marks the feast of the Epiphany with an epiphany of legal opinion arguing that donor information of traditional marriage groups should be kept confidential because of the intense intimidation tactics used by the radical homosexual lobby.

Arkes discloses that Supreme Court Justice Clarence Thomas is the court’s strongest advocate of this protection, and Arkes also cites the legal precedent to support this conclusion: “The hard nut to crack here, though was the famous case of NAACP v. Alabama (1958). A law in Alabama required the NAACP along with other organizations to reveal their list of members and donors. Teachers who were members could be threatened with the loss of their jobs, and sympathetic whites faced with ostracism or other forms of retaliation. The Court struck down that requirement of disclosure. And from that decision some of us drew this lesson: that the freedom to engage in a legitimate association may entail the freedom to engage in that association with confidentiality – if there was reason to think that disclosure could subject a person to acts of intimidation and retaliation designed to discourage him from participating in an association quite legitimate.”

Read Arkes whole column here.

By NOM Staff | Posted in Marriage Update | Comments (13)

NOM Reacts to 9th Circuit Ruling

January 4, 2011 – 6:01 pm

(WASHINGTON, D.C.) - Today the 9th Circuit issued several rulings, denying standing to Imperial County's deputy clerk, and referring the question of whether Proponents of Prop 8 ("Protect Marriage") have standing to appeal Judge Vaughn Walker's ruling to the California Supreme Court.

Judge Stephen Reinhardt also issued a concurrence in which he called the argument Proponents for Prop 8 had made for standing "strong." He also criticized the lawyers in this case for the "inexplicable" choices that have made orderly review of Judge Walker's decision so difficult.

"Judge Reinhardt clearly agrees with us about two things: First, a federal trial court judge cannot possibly have the last word about whether the U.S. Constitution requires gay marriage; and second, super lawyers Olson and Boies are working overtime in tricky ways to make sure their supposedly invincible case for gay marriage does not get reviewed by any higher court," said Brian Brown, President of the National Organization for Marriage

"We are confident Judge Walker's ruling will not be permitted to stand without challenge, and that Olson and Boies' tactics will backfire"

Excerpt from Judge Reinhardt's concurrence:

"Although that matter must be decided by the Supreme Court of California, Proponents advance a strong argument on this point. Thus, in the end, there may well be standing to maintain this appeal, and the important constitutional question before us may, after all, be decided by an appellate court-ours, the Supreme Court, or both-and may apply to California as a whole, instead of by being finally decided by a trial court, or by default, in only two counties, or in none. As a result, the technical barriers and the inexplicable manner in which the parties have conducted this litigation may in the end not preclude an orderly review by the federal courts of the critical constitutional question that is of interest to all Americans, and particularly to the millions of Californians who voted for Proposition 8 and the tens of thousands of same-sex couples who wish to marry in that state."

To schedule an interview with Brian Brown, President of NOM, please contact Mary Beth Hutchins (x105), [email protected], or Elizabeth Ray (x130), [email protected], at 703-683-5004.

By NOM Staff | Posted in NOM Marriage News | Comments (4)

Susan Shell: Marriage debate is about more than marriage

January 4, 2011 – 5:07 pm

Susan Shell is the guest contributor today to Maggie and Evan Wolfon's debate on marriage. Shell makes the point that the debate over marriage is about marriage, but about other underlying issues as well:

The issue of gay marriage brings to a head a central conflict between two fundamental moral positions that interact, like seismic plates, beneath the surface of contemporary political life. It is commonly thought that this issue pits secular liberals against religious conservatives. While this understanding is accurate up to a point, it is also seriously misleading. [Continue reading on the sidebar at right]

Shell concludes by suggesting that "Before leaping ahead with a radical redefinition of marriage" it would be wise to "think out more fully than has yet been done the likely consequences [of legalizing same-sex marriage] for liberal society more generally, especially concerning provision for the raising of a new generation of well-equipped liberal citizens."

Shell does suggest one limit to what the law may do: "What the law cannot do is to abolish the distinction between couples that can or might together produce children of whom they are the sole biological parents and those that cannot."

By NOM Staff | Posted in Same Sex Marriage | Comments (4)

RNC Chairman Candidates: How did They Do on Marriage? By Maggie Gallagher

January 4, 2011 – 4:30 pm

The RNC Chairmanship is not just a spokesperson contest. I (and NOM) fully recognize the importance of technical and fundraising competence in the decision-making of the Republican National Committee Members, and my evaluation below is not intended to be comprehensive. This scorecard only evaluates candidates’ answer on the marriage question.

The best news? All five RNC Chairman candidates clearly and unequivocally supported the people’s right to vote for marriage, and opposed same-sex marriage.

The question, asked of RNC Chairman candidates by SBA List president Marjorie Dannensfelser on behalf of the National Organization for Marriage, was something like this:

“More than 80 percent of Republicans support traditional marriage, but certain GOP elites say we are on the wrong side of history on this marriage question nonetheless. Regardless of your view of the RNC Chairman’s job you will be asked to defend the GOP’s position on marriage. What is your best 30 second case for defending marriage as the union of one man and one woman?”

NOM Marriage Scorecard

Michael Steele: B+
Steele called marriage “foundational to who we are as a people” and an important “ideal for family life.”
“There are lots of debates about the definition of family and everyone has a different way of defining it but as a party we have said we support this ideal.” When he speaks about marriage he tends to be more eloquent than the average person.

Rience Priebus: A-
Priebus was the only one who spoke to the combined issues of judicial activism, the natural basis of marriage, and the social ideal it represents for children:

“I don’t believe judges can rewrite the constitution and redraft what marriage is. There is a sanctity to marriage and I agree with Micheal that it is foundational in our lives, I believe children should grow up with a father and a mother if possible. Certainly we support single parents if possible. I don’t believe anyone should be denied dignity, everyone should be loved, I believe that marriage should be between one woman and one man.”

Ann Wagner: B.
Ann Wagner is a strong supporter of traditional marriage, highlighting her work in Missouri to support the state marriage amendment. But her answer was less than ideal because rather than defending traditional marriage as a public idea, she relied on her personal life: “I live my marriage beliefs. I’ve been faithfully and happily married for 24 years, we have 3 beautiful children, I live my family traditional values and my sanctity of marriage as I consider it a true sacrament - a bond between a man and a woman taken before God and others.”

We know supporters of gay marriage who could say the same.

Saul Anuzis: A-
Anuzis like Ann Wagner, has a strong record of support for marriage in his state (Michigan). He argued that marriage as a natural institution, religious but not only religious, and noted that U.S. support for marriage is part of American exceptionalism, something that distinguishes America from Europe and much of the rest of the world.

“Marriage is both a religious and cultural institution that has existed for over 2000 years, it is a natural part of life, marriage is between one man and one woman; the family is very important, this belief to promote marriage and traditional family” is “an important distinction in American between rest of world. Marriage is a religious and cultural institution worth protecting and fighting for.”

Maria Cino: C-
Maria’s answer was the shortest and the least content-filled. She said (and this is her total quote): “I believe in traditional marriage, that’s been a big part of my faith and my family upbringing and I support the Republican platform.”

We appreciate her support for marriage, but wish she could articulate a reason.

By NOM Staff | Posted in Marriage Update | Comments (1)

Breaking News: 9th Circuit Punts Standing to Calif Supremes

January 4, 2011 – 4:18 pm

The three judge panel that heard oral arguments in the Prop 8 case on December 6th has just issued a new ruling on standing ... and it's a punt.

The 9th Circuit is asking the California Supreme Court to comment on whether proponents of an initiative have the standing to speak for the initiative under California law (here is the PDF of the order). Ed Whelan at Bench Memos has all the other links.

"We're confident Protect Marriage will win on the standing issue, and 7 million Californians will have their day in court," says Brian Brown.

(Judge Reinhardt himself says Proponents of the measure make a strong case [PDF here]. And he explicitly does not say what will happen to standing if the California Supreme Court rules Proponents do not have standing. One thing this makes certain: delay.)

By Maggie Gallagher | Posted in Same Sex Marriage | Comments (6)

Pro-Marriage, Not Anti-Gay

January 4, 2011 – 3:40 pm

Over at the Ruth Blog, Dr. J has a great post discussing her entry into the same-sex marriage debate, and how the SSM issue fits into the larger cultural dialog over marriage, its meaning and purposes:

Some of our commenters seem to be surprised that the Ruth Institute is "transitioning away from its anti-gay advocacy.. Why is there an article about abortion here?" Actually, if you look over the life of this blog, you will see a lot of discussion about abortion, contraception and artificial reproductive technology. You will also see discussions of divorce, cohabitation, out of wedlock childbearing, abstinence education, adultery, the demographic winter, what makes for a happy marriage, welfare policy and much else. The common thread is marriage: the significance of marriage to society and to children, and all the social, legal and cultural practices that affect marriage. You will see very little about homosexuality per se...

In Spain, Tens of Thousands Rally for Marriage

January 4, 2011 – 2:02 pm

Once again thousands of Spanish Catholics gathered in support of traditional marriage and values:

Martin Barillas reports:

"The [pope] referred to families as “authentic sanctuaries of fidelity, respect and understanding” that are bolstered by “genuine servants of love that receives, accompanies, and defends life.

Standing in the Plaza de Colon, on a cold Sunday morning in Madrid, the thousands of families present heard the Pope invite them via satellite transmission “to be strong in love and to contemplate with humility the Mystery of the Nativity, which continues to speak to the heart and is converted into a school of family and fraternal life.”

Photo: AP

By NOM Staff | Posted in Same Sex Marriage | Comments (1)

Video: All 5 RNC candidates support marriage

January 4, 2011 – 12:10 pm

Marjorie Dannenfelser of the Susan B. Anthony List posed a question to the five candidates running for head of the RNC about their views on marriage. Here are their responses:

You can view our full debate scorecard here. Here is how we rated the candidates on marriage, briefly: Saul Anuzis: A-, Rience Priebus: A-, Michael Steele: B+, Ann Wagner: B, Maria Cino: C-.

By NOM Staff | Posted in Same Sex Marriage | Comments Off

Blast from the past: Maggie debates marriage on Dr. Phil

January 4, 2011 – 11:16 am

About two years ago Dr. Phil hosted an energetic debate on the topic of marriage. Since then some of the clips have surfaced on YouTube. In this video, Maggie puts in a strong last word responding to Gavin Newsome:

In a second video from the show, Pastor Jim Garlow has a zinger response to Newsome's "same-sex marriage = interracial marriage" claim.

By NOM Staff | Posted in Same Sex Marriage | Comments Off

NOM Responds to RNC Chairman Debate

January 3, 2011 – 6:40 pm

"We are grateful that all five candidates. . .unequivocally supported the GOP platform which supports our marriage tradition and opposes same-sex marriage"

- Brian Brown, President of NOM

WASHINGTON - Brian Brown, president of the National Organization for Marriage (NOM) reacted to the RNC chairman debate today sponsored by the Daily Caller, Americans for Tax Reform, and the Susan B. Anthony List:

"We are grateful that all five candidates were asked their position on same-sex marriage and all five unequivocally supported the GOP platform which supports our marriage tradition and opposes same-sex marriage."

NOM's Chairman, Maggie Gallagher was also in attendance and scored the candidates answer on the marriage question.

"The RNC Chairmanship is not just a spokesperson contest. I (and NOM) fully recognize the importance of technical and fundraising competence in the decision-making of the Republican National Committee Members, and my evaluation below is not intended to be comprehensive. This scorecard only evaluates candidates' answer on the marriage question."

The question, asked of RNC Chairman candidates by SBA List president Marjorie Dannensfelser on behalf of the National Organization for Marriage, was:

"The traditional definition of marriage unites over 80 percent of Republicans. While certain Republican elites try to portray this large majority as being on the wrong side of history. Regardless of how you see your role as Chairperson, you are almost certain to be put in a position to defend traditional marriage by a member of the media. What is your best 30 second case for the defense of marriage between one man and one woman?"

NOM's Scorecard:

Michael Steele: B+

Steele called marriage "foundational to who we are as a people" and an important "ideal for family life."

"There are lots of debates about the definition of family and everyone has a different way of defining it but as a party we have said we support this ideal." When he speaks about marriage he tends to be more eloquent than the average person.

Rience Priebus: A-

Priebus was the only one who spoke to the combined issues of judicial activism, the natural basis of marriage, and the social ideal it represents for children:

"I don't believe judges can rewrite the constitution and redraft what marriage is. There is a sanctity to marriage and I agree with Michael that it is foundational in our lives, I believe children should grow up with a father and a mother if possible. Certainly we support single parents if possible. I don't believe anyone should be denied dignity, everyone should be loved, I believe that marriage should be between one woman and on man."

Ann Wagner: B.

Ann Wagner is a strong supporter of traditional marriage, highlighting her work in Missouri support the state marriage amendment. But her answer was less than ideal because rather than defending traditional marriage as a public idea, she relied on her personal life: "I live my marriage beliefs I've been faithfully and happily married for 24 years, we have 3 beautiful children, I live my family traditional values and my sanctity of marriage as I consider it a true sacrament a bond between a man and a woman taken before God and others."

We know supporters of gay marriage who could say the same.

Saul Anuzis: A-

Anuzis like Ann Wagner, has a strong record of support for marriage in his state (Michigan). He argued that marriage as a natural institution, religious but not only religious--, and noted that U.S. support for marriage is part of American exceptionalism, something that distinguishes America from Europe and much of the rest of the world.

"I think very straightforwardly marriage is both a religious and a cultural institution that has existed for over 2000 years. I think it is a natural aspect of life, and I think that marriage is between a man and a woman; and I think the family unit is very important, and actually I think that our both belief in our kind of activity to promote marriage and promote the nuclear traditional family is an important distinction that we have in America versus almost every other country in the world. [Marriage] is a religious and cultural institution that is worth protecting and worth fighting for."

Maria Cino: C-

Maria's answer was the shortest and the least content-filled. She said (and this is her total quote): "I believe in traditional marriage, that's been a big part of my faith and my family upbringing and I support the Republican platform."

We appreciate her support for marriage, but wish she could articulate a reason.

To schedule an interview with Brian Brown, President of the National Organization for Marriage, or Maggie Gallagher, Chairman of the Board, please contact Mary Beth Hutchins, [email protected] at 703-683-5004 ext. 105 or Elizabeth Ray, [email protected] at 703-683-5004 ext. 130.

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By NOM Staff | Posted in Marriage Update | Comments (5)

Biden's Gay Marriage Gaffe

January 2, 2011 – 11:56 pm

On Bill O'Reilly's show last week, Democratic pollster Doug Schoen responded to VP Joe Biden's strange and silly claim that a "national consensus" is developing in favor of gay marriage.

"The only place there's a 'consensus,'" Schoen contended, "is among the hard core left of the Democratic Party. Joe Biden was reaching out to that constituency and throwing them a bone."

By Maggie Gallagher | Posted in Same Sex Marriage | Comments (73)

Prof. Robby George Fights Back!

January 2, 2011 – 11:04 pm

The debate unleashed by the essay "What is Marriage?" authored by NOM's founding chairman Princeton Prof. Robby George and two of his former students (Sherif Girgis and Ryan Anderson) in the Harvard Journal of Law and Public Policy, continues.

Here's Prof. George and colleague's second round of reply to Prof. Yoshino,

And hteir reply to Prof. Andrew Koppelman,

And their reply to blogger Barry Deutsch.

By NOM Staff | Posted in Same Sex Marriage | Comments (1)