NOM BLOG

Monthly Archives: January 2012

Washington Attorney General: Voters, Not Legislature, Should Decide Marriage

SeattlePI:

The voters of Washington, not the Legislature, should be given the decision of whether the state legalizes same-sex marriage, state Attorney General Rob McKenna said Wednesday.

“This is an issue that every voter is capable of deciding, and they ought to decide it,” McKenna, the Republicans’ candidate for governor, told the editorial board of The Olympian.

The Attorney General said he supports full legal rights for same-sex couples — and voted in 2009 for Referendum 71, which affirmed rights of domestic partners — but is personally struggling with the marriage issue.

... A moderate Democrat, state Sen. Mary Margaret Haugen, angered a liberal-dominated town hall on Whidbey Island last Saturday by saying that she favors letting the electorate decide the issue.

McKenna, like Haugen, said a vote on the issue is inevitable even if the Legislature were to pass marriage equality.

Video: Governor-Elect Christie Tells New Jersey Voters He Will Veto SSM

In 2009, here’s what Governor-elect Chris Christie told a gathering of New Jersey republicans (emphasis ours):

If a same-sex marriage bill comes to the desk of Governor Christie, it will be returned to the legislature with a big red veto across it [applause] because, one, I believe that and I made it very clear to people during the entire campaign that that was my position and so there will be no surprise for the 1.2 million people who voted for me that that was and that is my position.

But also because if societal change like that is to occur, it has to be approved by the voters, by the people of this state, not by the senate, men and women in black robes, and certainly not by 120 people in the state legislature it should have to be done if it’s going to be done, it has to be done by the voters not by a group of elected or appointed people. And so the principle is not only mine that I hold personally but I think it’s a broader principle about how that type of significant historic societal change needs to be made.

And so we’ll continue to stand for those things and many others that I won’t continue to interrupt your dinner with, but those issues – making New Jersey more affordable, less taxes, less spending, and standing up for the values we believe in so strongly as a society and setting an example at the top for saying those things, even at times when they may be politically unpopular is what I think people expect of leaders. I don’t think we always expect to agree with our leaders, I happen to think if we do then we’re going to be sadly mistaken. I don’t even agree with myself all the time. I’ve changed my mind over the years about issues, and I’m sure you have too, so we need to look to our leaders to be steadfast about the things they truly believe in and to speak the truth to us, we speak the truth to each other, then there are no surprises and no deception. And if we honestly disagree we live in a democratic society, we can make that disagreement publicly, and then the majority rule which is the tradition of our country.”

Here is the video:

NJ Dems Make SSM Their Top Agenda, Force Gov. Christie to Show His Hand

The New Jersey Statehouse Bureau:

As Gov. Chris Christie prepares to give his State of the State address Tuesday, Democrats have already drawn their battle lines.

Last week, Democratic legislative leaders announced that they will put gay marriage at the top of their agenda, forcing Christie to either make good on his pledge to veto it or change his mind.

... So far, Christie hasn’t taken the bait. At a news conference Thursday, he wouldn’t say whether he’d veto the gay marriage bill Democrats are sending to him, despite his saying he would not support it in the past.

..."Clearly, the core constituency among Republican primary voters is opposed to gay marriage," she said, "but of course, that’s not where (Christie) is facing his next election."

AP: "NJ Judge Rules Against Church in Civil Union Flap"

The Associated Press:

A New Jersey judge ruled Thursday that a church group violated the state's discrimination laws when it prevented a lesbian couple from holding a civil union ceremony on its property in 2007.

The dispute began when the Ocean Grove Camp Meeting Association stopped the couple from using its boardwalk pavilion, an area it rented out for weddings.

Administrative Law Judge Solomon Metzger wrote in Thursday's ruling that the pavilion was a public space that advertised itself as a wedding venue without any mention of religious preconditions.

He rejected the church's contention that the pavilion was an extension of its wedding ministry, noting that weddings had been performed at the pavilion for at least 10 years before the dispute arose and that there was no proof that couples, "particularly those that chose secular vows, or that were of other faiths, were ever told that they were participating in a ministry."

The church had argued that its freedom of religious expression would be violated if it was forced to allow same-sex ceremonies to be performed on its property.

New Jersey Columnist to Democrat Legislators: "Let Us Vote" on SSM

Paul Mulshine at the New Jersey Star-Ledger:

Next month, the state Legislature will gather to repeat an exercise we saw in the waning days of the Corzine administration: Democrats will push a same-sex marriage bill that has no chance of becoming law.

The reason it won’t become law is that the Republican governor, Chris Christie, won’t sign it. And the Democrats have no chance of getting the two-thirds vote needed to override the governor.

There’s a simple way out of this, and former Corzine staffer Josh Zeitz laid it out on these pages last week: The backers of same-sex marriage should push for a constitutional amendment. Such an amendment requires only a three-fifths majority.

... why don’t [pro-SSM activists] take Zeitz’s advice and hold a referendum? Simple. They’re afraid they’d lose.

When they’re trying to get laws passed permitting same-sex marriage, the advocates cite polls showing public support. But in the only polls that count — referendums — same-sex marriage gets voted down even in liberal states such as Maine and California.

That’s why they keep going to the courts. But again, they’re stalemated. Christie gets to put two judges on the seven-person state Supreme Court this spring. And those two are unlikely to engage in the sort of activist gymnastics needed to find a right to same-sex
marriage in a state constitution written in 1947.

As for the argument by Weinberg and others that civil rights should not be settled by referendum, the framers considered that as well. They disagreed. The only way to amend the state constitution to recognize a new right is through referendum.

So what are we waiting for? This could all be settled by 8 p.m. on the first Tuesday in November.

New Jersey Court Says Church Broke the Law By Following Its Beliefs on Marriage

Karla Dial of CitizenLink:

A New Jersey Church that refused to allow two women to hold a civil-union ceremony on its property four years ago broke the law, a state administrative law judge said Thursday.

Since the judge works for the state’s Division on Civil Rights, his opinion doesn’t have the force of one coming from a state or federal court — but the Alliance Defense Fund, which is representing the Ocean Grove Camp Meeting Association, is considering its next steps in protecting the church’s religious rights.

“The government should not be able to force a private Christian organization to use its property in a way that would violate its own religious beliefs,” Litigation Staff Counsel Jim Campbell said. “Religious groups have the right to use their private property in a way that is consistent with their beliefs. That right, protected by both the New Jersey and U.S. Constitutions, obviously trumps any law enacted by the state’s legislature.”

The New Jersey Division on Civil Rights has 45 days to adopt, modify or reject the ruling. If the director takes no action, it automatically becomes final.

Election Watch 2012: Obama Opposes Restoration of Marriage in New Hampshire

More proof of the President trying to have it both ways on marriage. This via the gay newspaper The Washington Blade:

The White House, in response to a Blade inquiry about the possible vote to repeal same-sex marriage rights in New Hampshire, said Thursday night that President Obama “believes strongly in stopping laws designed to take rights away.”

“While the president does not weigh in on every single action taken by legislative bodies in our country, the record is clear that the president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples,” said White House spokesperson Shin Inouye. “The president believes strongly in stopping laws designed to take rights away.”

The statement doesn’t explicitly express support for same-sex marriage or mention New Hampshire. At the same time, the statement doesn’t include language found in previous White House statements on marriage that states should “determine for themselves how best to uphold the rights of their own citizens.” Such language was included in the White House response to the North Carolina anti-gay marriage measure that will be on the ballot in May.

... The vote to repeal the marriage law in New Hampshire has become an issue in the presidential race. Both former Massachusetts Gov. Mitt Romney and Texas Gov. Rick Perry spoke in favor of repeal prior to the primary there.

... But each of the candidates who have expressed support for a Federal Marriage Amendment — Perry, Romney, former U.S. House Speaker Newt Gingrich and former U.S. Sen. Rick Santorum — have implicitly backed the repeal of the New Hampshire law because such a measure would prohibit same-sex marriage throughout the country.

New Jersey Judge: Church Following Beliefs on Marriage Violated Nondiscrimination Law

Bob Unrug at WorldNetDaily:

A ministry that follows the dictates of its faith is engaging in wrongdoing, according to a New Jersey judge who recommended today that the state Division on Civil Rights find the Ocean Grove Camp Meeting Association violated the state’s nondiscrimination law.

“The respondent violated the [Law Against Discrimination] when it refused to conduct a civil-union ceremony for Ms. Bernstein and Ms. Paster,” wrote Solomon Metzger, an administrative law judge whose determination will become final if not overturned by the Division of Civil Rights.

... The seaside location has been popular for years for weddings, but the association, which is affiliated with the United Methodist Church, determined it could not biblically allow same-sex ceremonies to take place on its property.

So when Harriet Bernstein and Luisa Paster signed up for such a ceremony, they were turned down. They filed the discrimination complaint, and the state’s Division on Civil Rights joined their cause.

You can download a PDF of the ruling here.

Maryland Experts: Why Gov. O'Malley is Wrong on SSM

Dr. Ruth Jacobs of Gaithersburg is a physician. Michael J. McManus of Potomac is president of Marriage Savers. They write in the Maryland Gazette:

Gov. Martin O’Malley, in promoting same-sex marriage, wants to change the long-established meaning of marriage by promoting an illusion that gender and even biological relationships don't really matter.

Yet the healthiest children are those reared by a married mother and father.

“Marriage is the union of a husband and wife for a reason: These are the only unions that can make new life and connect children in love to their mom and dad,” says Maggie Gallagher, president of the National Organization for Marriage.

... While children can lose their parents for many reasons, changing from Webster's timeless definition of marriage to same-sex marriage as pushed by Gov. O'Malley would mean that it is our state government that is dividing the family tree, breaking biological ties and depriving children of either dad or mom.

Will Microsoft Stay Neutral on Marriage in Washington?

Gay advocates are attempting to get Microsoft to support redefining marriage in Washington State:

...it's not clear if Microsoft will lend its support to the measure. Murray considers the company's endorsement "very important."

Company officials are reviewing the legislation but have not decided whether to take a position, said Jeff Reading, a spokesman for the company.

Microsoft created a flap in 2005 when said it was neutral on the initial gay-rights legislation. It failed in the Senate by one vote that year. After heavy criticism, the company later changed its position and endorsed the legislation, as well as subsequent bills, including domestic partnerships for same-sex couples.

Murray said he's talking with Microsoft and other companies about the gay-marriage bill. "I'm hopeful," he said. -- The Seattle Times

Video: George Gilder's Libertarian Case Against SSM

In an interview with Reason TV, author and libertarian icon George Gilder explains why he opposes gay marriage: "The family is critical to raising civilized, creative, responsible people who can exploit and enjoy freedom." When asked how he is defining the family in this sense, Gilder responds: "Nuclear family, a man and woman and children."

When asked how he feels about New York legalizing gay marriage, he says: "I think it's a bad thing ... this whole idea that homosexuality resembled race in any respect is nonsense. The whole idea that male homosexuality resembles lesbianism in any respect is nonsense. And so this whole idea of gay marriage is just a parody. It's an absurd concept." He goes on to say later in the interview that "laws about marriage" make sense to him, even as a libertarian.

Gilder also goes on to share views that we don't feel directly impact marriage, but do service to illustrate the various reasons he has come to his conclusions about marriage, family, and human "flourishing":

Rick Santorum’s Tax Policy Rewards Marriage and Having Larger Families

LifeSiteNews:

Rick Santorum describes himself as universally pro-life. That includes his tax plan, which policy analysts contend gives couples economic incentives to get married and have larger families.

Santorum’s tax proposals would triple the personal deduction for each child and “eliminate marriage tax penalties throughout the federal tax code.” He would retain deductions for charitable giving, home mortgage interest, health care, and retirement - all undertakings that support faith and family formation.

... The candidate’s promotion of marriage and family led the American Enterprise Institute’s JamesPethoukis to write that Santorum is “using tax policy as pro-family, pro-natalism social policy.”

Dr. Allan C. Carlson, president of the Howard Center for Family, Religion, and Society told LifeSiteNews.com that Santorum’s economic proposals “are potentially pro-natalist, and that’s a good thing. We could use more babies born in this country.” The U.S. birthrate fell below replacement level in 2008, hitting its lowest level in a century in 2010.

Maggie Gallagher: Court Unanimously Slaps Down Obama's Anti-Religion Doctrine

NOM co-founder Maggie Gallagher's syndicated column in Human Events on this week's Supreme Court decision:

Lost in the political shuffle in New Hampshire was an epic U.S. Supreme Court decision this week in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission.

By an astounding, unanimous 9-0 margin, the usually ideologically divided Supreme Court slapped down President Obama's radical doctrine that the federal government can tell a church who it must employ as a minister if the church violates anti-discrimination employment provisions.

The Obama administration's claim that there is no special protection for clergy in our Constitution, the majority ruled, "is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations. We cannot accept the remarkable view that the Religion Clauses have nothing to say about a religious organization's freedom to select its own ministers."

Professor Douglas Laycock argued the case for the Becket Fund for Religious Liberty, which defended the little Michigan church in court. Laycock is a longtime advisory board member of the organization (becketfund.org), which defends the religious liberty of all religions.

"This is a huge win for religious liberty," he said via a press release. "The Court has unanimously confirmed the right of churches to select their own ministers and religious leaders."

Video: David Storobin on Disgraced Sen. Kruger Ignoring Brooklyn Voters on Marriage

David Storobin, the republican candidate campaigning to replace disgraced Sen. Carl Kruger (who voted for SSM) explains why on ideological issues he fits Brooklyn values on marriage more than Kruger did when he betrayed his constituents:

Forbes: Corporate Fairness Calls For Respect Of Traditional Marriages Too

Jonathan Baker, director of NOM's Corporate Fairness Project, in Forbes:

With all the other problems corporations face, a sluggish economy, uncertain tax structure and a shifting regulatory environment, add a new problem: new challenges to the ideal of corporate fairness.

... We are entering a new era, when some gay rights groups are now seeking to get corporations to discriminate against people who do not support gay marriage, and even threatening to punish corporations if they refuse.

This is not only bad business, it’s bad for business.

The workplace should be culture-war free zone—can we come together across the gay marriage line and agree at least on that?