NOM BLOG

Monthly Archives: March 2011

MD Gay Marriage Bill Inching Forward

NBC Washington: After hitting a speed-bump Tuesday, the Maryland gay marriage bill appears to be getting back on track for a House floor vote in Maryland.

Self-Hating Catholics?

Over at American Papist, Thomas Peters takes up the growing visibility of people who claim to be not only Catholics, but "faithful Catholics" who oppose the Catholic Church's teachings on marriage. (He does not say so but a lot of this Catholics-for-gay-marriage network is funded by Soros money.)

Black Pastors React to President Obama's DOMA Disaster

Charlie Butts and Jody Brown report:

The move by the White House prompted the leader of a coalition of 34,000 black churches to state that the president "has violated the Christian faith" by failing to uphold Jesus' teaching that marriage is between a man and a woman. Rev. Anthony Evans, head of the National Black Church Initiative, also stated black churches must "reassess their extraordinary support" for Obama.

Dr. Ken Hutcherson, senior pastor of Antioch Bible Church in Kirkland, Washington, tells OneNewsNow that President Obama is not only violating a basic Christian principle, he is flying in the face of the will of the people.

... Asked it that could that be considered arrogance, Hutcherson responded: "It's past arrogance. I think it's delusional." (source)

Allan Kittleman, lone GOP vote for SSM in MD: "I have to do what I think is right"

I.e. not what his constituents think is right. This story in the Baltimore Sun contains some interesting background on reaction to his vote in his district.

GOP leaders? Fine with it. Voters? Not so clear.

FRC Files FOIA Request Over DOMA/Prop 8 Collusion

The Family Research Council submitted this official request to the Department of Justice under the Freedom of Information Act (FOIA):

"Less than three hours after Attorney General Holder's announcement, litigants seeking to strike down California's traditional marriage definition enacted by Proposition 8 filed a 'Motion to Vacate Stay' in the U.S. Court of Appeals for the Ninth Circuit. On pages 7 of 23 and 10 of 23 the Motion cited to and quoted from the Attorney General Letter.

"As the president of the Family Research Council (FRC), an organization that has filed amicus briefs defending both Proposition 8 and DoMA, I am troubled by the lightning-fast integration of concepts and actual language from the Attorney General Letter into the Motion to Vacate Stay. Let me repeat: the Motion was filed within two-and-one-half hours of Attorney General's press conference. Consequently, I am deeply concerned that officials at the Department of Justice were collaborating with the litigants in the Proposition 8 case. Even the appearance of collusion between the Department of Justice and litigants is highly damaging to the rule of law in America." (source)

California AG Harris says Obama Dooms Prop 8

California Attorney General Kamala Harris is asking the 9th Circuit Court of Appeals to immediately lift its stay of gay marriage in California, because she claims President Obama's decision not to defend DOMA dooms Prop 8.

Most conservative and centrist legal experts disagree:

Ed Whelan at National Review: The plaintiffs’ motion is objectively frivolous, but given the fact that Judge Stephen Reinhardt sits on the merits panel that will rule on the motion, that fact doesn’t guarantee that the motion will be denied. (I think, though, that it ought to be very difficult for Judge Michael Hawkins, who is on the merits panel with Reinhardt and was on the motions panel that issued the stay, to reverse course.)

Scott Schafer: … As for chances of success in dropping the stay? Don't bet on it. The 9th Circuit is treading carefully on this one --as evidenced by asking the CA Supreme Court to weigh in on a central question of legal standing. Prop. 8 backers would appeal lifting of the stay to the U.S. Supreme Court in a New York minute. The Supremes practically make a hobby out of reversing the Ninth ... so it's unlikely they'll test them on this. Besides -- if the stay is lifted, more couples get married and Prop. 8 is ulimately upheld, those couples would then be "unmarried" again. Talk about emotional roller coasters!

WAPO: SSM Vote Remains Stalled in MD House

But Del. Carter now says she'll vote "yes":

Updated, 1:30 p.m.: The fate of Maryland's same-sex marriage bill remained unclear Wednesday, as House leaders indicated they would not try again to bring it to a committee vote until at least Thursday. (source: Washington Post)

Let's make sure they keep hearing from us through Thursday.

Brian Brown's op-ed picked up in KS, MI, NY & VA

Brian Brown's op-ed for the Washington Post ("Gay Marriage and Obama's end run around democracy") has been picked up by the Wichita Eagle in Kansas, the Muskegon Chronicle in Michigan, the Times Union in New York and the Virginia Pilot/Ledger-Star in Virginia (so far).

Legal analysis: Obama overlooked SCOTUS ruling in refusing to defend DOMA

Attorney Paul Benjamin Linton wrote this legal analysis for the Thomas More Society:

In deciding to abandon the defense of § 3 of the Defense of Marriage Act, the Attorney General has overlooked a binding precedent of the Supreme Court. In Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971), a same-sex couple challenged on federal constitutional grounds a state law which, as interpreted by the state supreme court, reserved marriage to opposite-sex couples. Baker, 191 N.W.2d at 185-86 . . . The Supreme Court dismissed their appeal for want of a substantial federal question. Baker v. Nelson, 409 U.S. 810 (1972). Under well established precedent, the dismissal of the appeal in Baker for want of a substantial federal question constitutes a decision on the merits that is binding on lower courts on the issues presented and necessarily decided. (A response to the Administration’s Decision Not to Defend Section 3 of the Defense of Marriage Act)

Judge Posner for the 7th Circuit: Schools Cannot Censor Students' Speech "Be Happy, Not Gay"

From an ADF Alert:

7th Circuit rules Illinois high school ‘cannot…stifle criticism of homosexuality’

Alliance Defense Fund attorneys won an important decision Tuesday in the U.S. Court of Appeals for the 7th Circuit against Indian Prairie School District on behalf of high school students prohibited from expressing their religious views about homosexual behavior on T-shirts.  The court rejected Indian Prairie’s argument that school officials could justifiably put the First Amendment aside and censor T-shirts with the message “Be Happy, Not Gay” to prevent some students’ from having their feelings hurt.

Report: GOP may seek DOMA defense money from DOJ

Josh Gerstein, who writes for Politico on the courts and transparency, reports:

Early in a House budget hearing Tuesday, Rep. Jo Bonner (R-Ala.) casually asked Attorney General Eric Holder how much money the department would save by not defending several lawsuits and appeals challenging the law banning federal recognition of same-sex marriages.

"I'm not sure we save any money, frankly," Holder told a House Appropriations subcommittee. "The people who would be defending the statute, were we to do that, are career employees of the Department of Justice...I'm not sure I see any savings."

The import of Bonner's query wasn't entirely clear until later in the hearing when Rep. Steve Austria (R-Ohio) indicated that the House might try to take that money to pay for lawyers to take up where the Justice Department is leaving off. (source)

WSJ: In Defense of DOMA

David Rivkin and Lee Casey, writing in the Wall Street Journal, are Washington D.C.-based attorneys who served in the Department of Justice during the Ronald Reagan and George H.W. Bush administrations:

Marriage is unlike any other governmental benefit. License to marry carries with it far more than mere permission, as in obtaining a license to drive or practice a profession. The reason that gay-rights supporters are so determined to achieve equal status for same-sex unions, and the reason that so many others vigorously oppose that recognition, is that marriage is an affirmative statement of societal approval.

Congress took account of this fact in enacting DOMA, and of the fact that large majorities of Americans still oppose recognition of same-sex marriages. Significantly, most Americans do not oppose some other form of legal recognition for same-sex couples that isn't called marriage.

DOMA recognizes and protects the unique constitutional role of the states in deciding these issues. It is through the democratic process within the states that a genuine and lasting resolution to the question of same-sex marriage can and should be found. Today, five states and the District of Columbia permit same-sex marriage. Another four states recognize gay marriages performed in other jurisdictions, and 41 states do not recognize such unions. DOMA protects both legal regimes. (source)

Maggie's Latest Column: Thank President Obama for His DOMA Disaster

In refusing to defend the federal Defense of Marriage Act, President Obama has just made a huge mistake -- a telling mistake that demonstrates what a hard-left bubble he must now be in.

President Obama's nearly unprecedented decision, based on very weak legal logic, to refuse to defend DOMA will backfire, both tactically and politically.

Let's take the politics first. [Continue reading]

Should Christians Give Up on Gay Marriage? Maggie Responds in USA Today

Tom Krattenmaker says they should. Maggie responds:

Marriage core teaching

Commentary writer Tom Krattenmaker sees the issue as "On gay rights, keep fighting or adapt?" But for those of us who are Christian, a better headline would be: "Genesis: continue fighting for it or adapt?" (On Religion, The Forum, Feb. 14).

The idea that God made us male and female, and that men and women are called to come together to make and raise the next generation (i.e. "marriage") is not an exclusively Christian idea. But to abandon it is to abandon any credible claim that Christianity is true.

This is not some subtle "interpretation"; it is at the core of Christian teaching on life, sex and marriage.

Maggie Gallagher; Chairman of the Board
National Organization for Marriage
Washington, D.C.

Delegate Alston Says She Will Vote for SSM and "The People Will Decide"

Del. Alston indicates the referendum is letting her vote for SSM:

Accordingly, I have resolved that if and when the chairman calls the vote I will be ready to vote based on what I believe to be right.  In time the people of Maryland will also have the opportunity to vote on what they each believe is the correct direction for our State to take.  In the interim I hope and pray that you will all respect my vote although you may not agree with it. Thank you all for the privilege to serve as your Delegate." (source: Baltimore Sun)