NOM BLOG

Monthly Archives: April 2011

The New Yorker: Why Doma Deserves A Lawyer

Margaret Talbot joins a growing list of liberals disturbed at the bullying tactics HRC has used, saying it carries a "whiff of McCarthyite groupthink."

Andrew Sullivan on "Bullies in the Gay Rights Movement"

It is strange to see so many folks describe marriage as a "deeply unpopular" cause. As I told a Politico reporter yesterday, given our ability to win on this issue over and over in blue states, it is impossible to believe this is an "unpopular" cause among the American people, or that it hurts Republicans.

But kudos to Andrew (for whom it is obviously a deeply unpopular cause) for saying this:

"When civil rights groups bully, they lose the moral high-ground. When you have men like David Brock leading the charge - and there are no means he has ever eschewed to achieve his ends - the danger is that we prove the far right's point. We must be better than them."

Speaker Fox Concedes Defeat on SSM in RI, Will Push Civil Union Bill

From the AP (more to follow):

Rhode Island's House speaker says legislation extending marriage rights to gay couples is dead for the year. House Speaker Gordon Fox, who is gay and is a leading supporter of the gay marriage bill, says that it's clear the bill won't overcome opposition in the Senate.

Fox, a Providence Democrat, says he'll instead sponsor civil union legislation giving same-sex couples the same state rights given to married couples.

The announcement deals a major setback to advocates of gay marriage in the Ocean State. They had called civil unions a poor substitute for full marriage.

Thank you to everyone who has worked so hard to defend marriage in Rhode Island, and congrats to Chris Plante at NOM-RI!

Stanford Undergrad Defends Marriage in University Paper

Ben VanBerkum is the co-founder of the Stanford Anscombe Society and published this in the opinion section of the Stanford Review:

Marriage. The word is loaded with political emotions in today’s cultural environment. Changes in societal perceptions have made marriage a hotly-contested issue, both politically and philosophically. The question of who can and cannot legally be recognized as married raises issues of discrimination, human rights, and the role of government in the lives of citizens.

Stanford students, being the activists we are, have naturally formed many groups to address these issues and to champion social changes. What the current campus atmosphere lacks is an organized student voice advocating for marriage as the union, until death, of one man and one woman—that is, the traditional definition of marriage. The Anscombe Society seeks to fill this void.

Our central thesis is that dialog about marriage must focus on what marriage really is. The Anscombe Society’s goal, then, is philosophical: we seek to promote campus discussion on the definition of marriage. We are confident that if we as a campus community approach the discussion honestly, we will come to understand the true nature of marriage.

AG Eric Holder Defends Paul Clement

Even the man responsible for ensuring that DOJ dropped its defense of DOMA says it deserves to be defended:

The former Bush administration lawyer under fire for defending the federal ban on gay marriage is getting support from an unexpected source - Attorney General Eric Holder.

Holder told reporters Tuesday that Clement is "doing that which lawyers do" to take on the responsibility of representing the lawmakers who wrote the ban.

"Paul Clement's a great lawyer," Holder said. "He has done a lot of really great things for this nation."

Judge Walker Replaces Prop 8 Video with Nuremberg Trial Tapes

Local KQED news reports:

Although Judge Vaughn Walker informed the 9th Circuit Court of Appeals last week that he was planning to use the excerpt from the Prop. 8 trial again this week in a talk at Gonzaga University Law School, a spokeswoman now tells me the retired jurist has decided not to.

Instead, Walker will show tapes from the Nuremberg trials which she says "he feels make a tremendously strong statement about transparency in the courtroom." That lecture about the history of cameras in the courtroom is scheduled to take place Thursday at Gonzaga in Spokane. Not sure if there's an intended message in replacing Prop. 8 supporters with Nazis.

Walker's use of the 3-minute trial segment during a talk at the University of Arizona in Phoenix February 18th sparked calls by Prop. 8 supporters to have Judge Walker turn over all his trial recordings. His decision to forego use of that segment this week reduces pressure on the 9th Circuit to act by Thursday.

LA Times Speak Truth to Power: Evan Wolfson Wrong, Clement Right DOMA Deserves a Legal Defense

From the LA Times staff opinion page:

This is civics book stuff [that all clients deserve representation], but it's controversial with some gay activists. Evan Wolfson of Freedom to Marry referred to Clement as a "hired gun," an appellation that can describe any lawyer who doesn't work pro bono. (If Clement defended DOMA out of conviction, he would be abused even more.)

The law firm's critics raised a side issue: that the House Republicans' contract with King & Spalding prohibited lawyers at the firm from commenting on DOMA. If that's the case, the firm overreached. But it beggars belief that it dropped this hot potato because of that provision rather than because of the efforts of Human Rights Campaign, the gay-rights organization, to "shame" the firm.

UK Court: Catholic Agency Must Do Gay Adoptions

From the UK Guardian:

A Catholic adoption agency has lost a two-year battle to be excluded from laws that ban discrimination against homosexuals.

Leeds-based Catholic Care wanted exemption from the 2007 Sexual Orientation Regulations, which require it to consider gay and lesbian couples as prospective parents.

But a ruling on Tuesday by the Charity Tribunal upheld an earlier decision from the Charity Commission. The bishop of Leeds, the Right Rev Arthur Roche, said he was disappointed with the tribunal's ruling. He said: "It is unfortunate that those who will suffer as a consequence of this ruling will be the most vulnerable children, for whom Catholic Care has provided an excellent service for many years.It is an important point of principle that the charity should be able to prepare potential adoptive parents according to the tenets of the Catholic faith."

Marriage Amendment to be Introduced in MN Senate!

In Minnesota, a marriage amendment is being announced right now which would put the issue before the people of the North Star State in 2012. It will shortly be introduced officially in the MN State Senate.

Here is more from the press release just published:

MN State Senators Warren Limmer and Paul Gazelka

“The proposed constitutional amendment asks voters to define marriage as solely between one man and one woman in Minnesota. This issue constantly comes up during legislative sessions and it’s time for the people to decide. Allowing a small number of politicians, or activist judges in St. Paul to decide the definition of marriage would not be acceptable. We propose an early passage in the legislature this year, followed by a year discussion in our communities statewide in order to be prepared to vote in next year’s General Election,” said Senator Limmer.

“It’s time to empower Minnesotans with a choice on an issue that has been brought up numerous times in the legislature. This constitutional amendment puts the definition of marriage in the hands of the voter. There are a variety of perspectives on this issue, we are simply trying to give people the chance to express their opinion at the polls,” added Senator Gazelka.

“This amendment has been put to the voters in numerous states. On issues like this, I believe that it is best to let the people decide rather than a small group of legislators in St. Paul. By putting this definition of marriage on the ballot, we can ensure that this decision will accurately reflect the values that Minnesotans believe in,” said Senator Hann.

Stay tuned for more updates on this exciting development!

Even Ted Olson Agrees: Abandoning Clients Is Wrong

The LA Times:

But the firm's abrupt withdrawal surprised some veteran Washington lawyers, who said they were not aware of a major law firm ever dropping a case because of bad publicity.

"I don't know of anything comparable to this. You have to be willing to stand your ground," said Theodore Olson, a partner at Gibson Dunn who served as Bush's solicitor general prior to Clement. Olson is one of the lawyers for the opponents of California's Proposition 8, the ban on same-sex marriage.

Video: Some Indiana Students Want to Take Away Your Chick-Fil-A

Not content with a personal or communal boycott, some activists are attempting to prevent all students from eating at Chick-Fil-A.

Without the University's intervention, apparently they do not believe they can stop students from eating there:

This all sounds like all the more reason to "Eat Mor Chikin!"

Law Prof Steve Sanders on the Demonization of Paul Clement

Steve Sanders, a proponent of SSM writing at the University of Chicago Law School Faculty Blog, registers some serious doubts about the wisdom of targeting DOMA's defender:

...as a lawyer who recently worked in the Supreme Court and appellate practice group of a major national law firm, I've found myself uncomfortable with the demonization of Clement and K&S and with the insistence by some gay-rights supporters that defending DOMA's constitutionality is not only legally wrong but morally unconscionable. Those who would label lawyers like Clement as (at best) amoral mercenaries do not understand how the world of public-law appellate litigation works.

... every constitutional lawyer knows there is a basic difference between whether something is sound policy, and whether it violates the Constitution. Clement's job in defending DOMA (he reportedly will continue the representation through another law firm) is about the latter question.

... It's worth remembering that until two months ago, the Obama administration's lawyers also defended DOMA. DOMA may be an easy question as a matter of fairness and equality, but its status as a matter of constitutional law -- particularly whether it should get heightened scrutiny -- is not a slam dunk, and its opponents would be well advised not to confuse the two issues.

Ben Smith: State of Elite Hypocrisy

Ben Smith blogs:

So King and Spalding was muscled into dropping its defense of DOMA [yesterday].

White & Case partner and former American Bar Association President Carolyn Lamm, meanwhile, bragged earlier this month to the Washingtonian of the virtue in representing Libya against terror victims....

Lamm, incidentally, put the ABA on the record in support of same-sex marriage.

And there you have the state of elite opinion.

NOM Apologizes for Driving Up Unemployment Rate

The National Organization for Marriage has been accused of many things by our opponents in recent years, but here’s a new charge that may actually be true.

It now appears that NOM is responsible, in however small a fashion, for keeping the unemployment rate high in some notable sectors.

You see, NOM's string of victories in blue states may bear some responsibility for the executive directors and senior staff at state level “marriage equality” organizations to resign or be fired.

It started with Geoff Kors, Executive Director of Equality California in California, who could never recover from his monumental defeat in the Proposition 8 campaign in California, of which NOM was one of the chief supporters and leading organizations to qualify the initiative. Kors stepped down in March of this year.

Next up was the Executive Director of Equality Maryland, Morgan Meneses-Sheets, who was fired two weeks ago after failing to pass a gay marriage bill through the Maryland Legislature. It was supposed to be a “given” that gay marriage would pass in Maryland this year. A given, that is, until NOM got involved.

Shortly after Meneses-Sheets was fired, Equality Maryland's Development Director Matthew Thorn resigned in protest over the firing.

Most recently, Kathy Kushnir, the Executive Director of Marriage Equality of Rhode Island (MERI) --the leading group advocating for gay marriage in that state-- resigned after failing to even get the gay marriage bill out of Committee in another state that was, we were told, a slam dunk for them this year.

All the while, as our opponents keep talking about the march of history, tout biased polls, and tell themselves that their victory is inevitable…secretly, the Executive Directors of other states' “marriage equality” organizations are updating their resumes...

And to those who are looking to fill these vacancies, it might be good to double-check their retention rate.

Sen. Diaz Releases Statement Highlighting Hateful Comments Directed At Him

The attacks on NY State Senator Ruben Diaz continue, after he announced a pro-marriage rally to be held in The Bronx on Sunday, May 15th. He writes about some of them:

I'm a little surprised about how widely my position to support New York State's definition of marriage between a man and a woman has been covered in articles, discussed on tv, blogged, posted on facebook pages, and tweeted. I am an ordained minister, and as such, this is what I preach and this what I believe.

The media coverage has resulted in growing support from my constituents, religious leaders, and thousands of New Yorkers who don't want the marriage law changed.

It has also brought out some disturbing responses and threats from hateful people who oppose my position against homosexual marriage. For the sake of transparency, I'm going to share some of these hate-filled comments I have received and read over the past day or so.

Emails I have received through my rubendiaz.com website include two from Leo Medina from Jackson Heights: "YOU ARE DESPICABLE. YOU NASTY BREEDER! YOU ARE THE ONE WHO IS GOING TO HELL! EAT S*** AND DIE!" and "you are a disgusting excuse for a human being, and you will get what you deserve".

... Comments that responded to an article about me on the Village Voice include one from Scott Rose who wrote: "Hopefully, Ruben Diaz will very shortly die of natural causes." CornetMustich wrote: "Great, get the coffin ready for this clown, and send him and it to Vatican City..." Stanley J wrote: "Will someone who is eg [sic.] dying of cancer and doesnt have any relatives make his wish come true. Over his dead body."

He then includes many, many more examples of hatred directed at him.

He concludes:

One of the things that I thought makes the United States special is that we can disagree and still get along. Unfortunately, the growing hatred of many people in New York's homosexual community toward me does not demonstrate that.

It makes no sense to me as a minister and as a Senator because I have never preached hatred toward anyone, and I denounce those who do. My strong position against homosexual marriage is the very same as the positions held by rabbis, ministers, imams and priests.

I'm not sharing this information to appear to be a victim for sympathy sake, but I do want to put this in perspective.

I feel a great sympathy for the people who are targeting me with so much hatred.

They will all be in my prayers.