NOM BLOG

Monthly Archives: February 2012

Proposition 8 Appeal to Full 9th Circuit Gives Appellate Court Opportunity to Reverse Grievous Error

FOR IMMEDIATE RELEASE: February 22, 2012

Contact: Anath Hartmann or Elizabeth Ray (703-683-5004)


National Organization for Marriage

Washington, D.C.—The National Organization for Marriage (NOM) today said that the decision of the proponents of Proposition 8 to seek review of the panel’s split decision to overturn Prop 8 gives the Ninth Circuit the opportunity to correct a grievous error and reverse the panel’s decision.

“Even though we were looking forward to the US Supreme Court finally getting this case right away -- because we fully expect them to uphold Proposition 8 and traditional marriage -- we understand the desire of the proponents of Prop 8 to have the grievous error made by the panel reversed at the soonest possible moment,” said Brian Brown. “We wouldn’t normally have a lot of confidence in the Ninth Circuit, but the decision to invalidate Prop 8 is so outlandish that perhaps even the remaining justices of the Ninth Circuit itself won’t be able to stomach it. We can support this decision to seek en banc review.”

In a hotly-divided 2-1 opinion, a panel of the Ninth Circuit led by uber-liberal Justice Stephen Reinhardt ruled that Proposition 8 violates the equal protection clause of the 14th Amendment to US Constitution and is thus invalid. Reinhardt, the most overturned appellate court justice in America, wrote an opinion that ignored Supreme Court precedent and conflicts with every state and federal appellate court opinion that have upheld traditional marriage laws like Proposition 8.

“NOM will continue to support the efforts of the proponents of Propsoition 8 to defend the initiative and traditional marriage itself,” Brown said. “We look forward to the higher courts recognizing that marriage between one man and one woman not only is not unconstitutional, it is profoundly in the public good.”

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To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Elizabeth Ray (x130), [email protected], or Anath Hartmann,[email protected], at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).

LifeSiteNews: Top UK Gay Lobby Presents Legislation to Abolish "Husband" and "Wife"

LifeSiteNews:

Last week, the UK’s most powerful homosexualist lobby group, Stonewall, presented legislation to Parliament that proposes five steps to resolve the legal complexities involved in introducing same-sex “marriage”

Among the suggested legal changes, Stonewall’s draft bill would amend the Matrimonial Causes Act 1973 to remove the terms “husband” and “wife” and replace with “parties to a marriage.”

Although Stonewall did not hold a formal position on same-sex “marriage” until recently, it is clear that the group was simply waiting for a more opportune political moment, when same-sex “marriage” legislation would have cross-party support, and a chance of passing the Hose of Lords. That moment appears to be now.

... In response to the legalization effort, a campaign to stop the redefinition of marriage was launched today by Christian leaders, led by George Lord Carey, the former Anglican Archbishop of Canterbury who is known for his social conservative views. Carey said that the effort redefine marriage “constitutes one of the greatest political power grabs in history.”

“For thousands of years, the union of one man and one woman has been the bedrock of societies across cultures all around the world,” he said at this morning’s launch of the Coalition for Marriage.

“Marriage is a cornerstone of our society. Because of this, I believe the general public will oppose the present attempt to fundamentally alter – and undermine – the institution.”

Bill McGurn in WSJ: "The Most Glaring Double Standard in American Life Today" is How We Frame Marriage

Bill McGurn in the Wall Street Journal:

When Barack Obama was campaigning for president in 2008, he declared that marriage is between a man and a woman. For the most part, his position was treated as a nonissue.

Now Rick Santorum is campaigning for president. He too says that marriage is between a man and a woman. What a different reaction he gets.

There's no mystery why. Mr. Santorum is attacked because everyone understands that he means what he says.

President Obama, by contrast, gets a pass because everyone understands—nudge nudge, wink wink—that he's not telling the truth. The press understands that this is just one of those things a Democratic candidate has to say so he doesn't rile up the great unwashed.

It's arguably the most glaring double standard in American life today. It helps explain why candidates with social views that are fairly conventional among ordinary Americans—the citizens of 31 states including California have rejected same-sex marriage when put to a vote—find themselves depicted as extreme.

NYTimes on Desperately Trying to Keep Prop 8 Case Out of the Supreme Court

Gay marriage advocates admit the dream team's legal arguments failed at the 9th Circuit--because the goal is to try to keep this case out of the Supreme Court where legal advocates think it will lose, according to the New York Times:

"...The majority did not accept the broadest argument pressed by Theodore B. Olson and David Boies, the celebrity legal team challenging Proposition 8, the voter initiative that overturned a California Supreme Court decision recognizing a right to same-sex marriage. Mr. Olson and Mr. Boies had urged the appeals court to find that the federal Constitution guarantees same-sex couples the right to marry — a rationale that would apply in all 50 states.

Judge Stephen Reinhardt, who may be the most liberal member of the famously liberal United States Court of Appeals for the Ninth Circuit, refused to bite. He opted instead for a local solution. California’s voters, he said, had no legitimate reason to use “their initiative power to target a minority group and withdraw a right that it possessed.” Doing that, he said, violated the federal Constitution’s equal protection clause. The broader question could wait.

Many gay rights advocates breathed a sigh of relief. They had long been wary of the Proposition 8 suit, preferring a state-by-state litigation and lobbying strategy over betting the farm on a case that was likely to end up in the United States Supreme Court. Some said they hoped the justices would now decline to hear an idiosyncratic case affecting a single state."

Maggie Gallagher on Al-Jazeera English: "It's Not a Winning Issue to Be for Gay Marriage"

Here are some highlights from NOM co-founder Maggie Gallagher's recent appearance on Al-Jazeera English TV.

On the question (which often comes up in interviews) that more people support redefining marriage, Maggie reminds us:

"...Only 40% [of Americans] support gay marriage. What we've found is the polls have consistently overstated support for gay marriage because Americans are becoming sensitive to how the question is worded and they're also concerned about, they don't want to appear anti-gay, but when you go to the polling booth, it's clear that [marriage] is a very mainstream winning position in America today, whatever [gay marriage activists] hope to create in America down the road."

And she continues:

"I was told that the pro-life sentiment would be virtually disappearing from the public square because all the young people were [pro-choice] in 1978, instead, as the movement has worked to stand for values and pull other Americans together we're now in a country where close to half of the people or more say they are pro-life so, we'll see what happens in the future but I will promise you today and in November of 2012 not being for gay marriage is not going to hurt Santorum, or Romney or Gingrich.

At this point Pew Forum Research Center's senior researcher David Masci adds:

"I agree with Maggie when she says that polling sometimes doesn't get this. In California there were a whole slew of polls before Proposition 8 was approved that showed Proposition 8 being defeated and of course it was ultimately approved, admittedly by a slim margin, but still I believe I think it was 51-48 or something, so sometimes polls don't get this right and I also agree with her about abortion, in fact if anything the number of people who oppose abortion has actually ticked up in recent years, so we don't know what the future holds."

SurveyUSA Poll Shows Wide (And Notable) Support for Minnesota Marriage Amendment

A SurveyUSA News poll from a few weeks ago shows support for the marriage amendment even among groups that some forget are also part of our broad pro-marriage coalition:

Overall, 47% support the marriage protection amendment, 39% oppose and 4% say they are not sure (these tend to vote for marriage more often that not).

38% of Minnesotans under 35 support the amendment.

31% of Democrats support the amendment.

55% of Independents support the amendment.

Even in the most liberal area of the state, the Twin Cities metro region, 42% support the marriage protection amendment.

A good reminder that support for marriage crosses ideological, regional and demographic lines!

Maryland Pastors React to SSM Vote: "A Wake-Up Call For the Faith Community"

The Washington Post follows the liberal line that Maryland pastors are "split" on marriage, but actually, as numbers show, the pastors are united and energized to protect marriage:

Holding a Bible and an 8-month-old baby, the Rev. Nathaniel B. Thomas stood before his congregation at Forestville New Redeemer Baptist Church on Sunday and declared that last week’s vote in the Maryland House of Delegates supporting same-sex marriage will spark a new battle.

“It ain’t over until God says that it is over,” Thomas said. “It took one woman to take prayer out of schools. There are too many weak-knee Christians. This is bigger than same-sex marriage. It is about changing society.”

Prince George’s County’s church community has been reflective of Maryland’s split on the issue, with preachers such as Thomas railing against same-sex marriage from the pulpit as busloads of churchgoers have traveled to Annapolis to speak out against something they believe tears at the fabric of the nation’s values.

... Those who oppose same-sex marriage in Maryland said their best hope of stopping it will be in the form of a statewide referendum, and in churches on Sunday preachers such as Thomas and the Rev. Joel Peebles, pastor of Jericho City of Praise, vowed to their church communities to push forward.

“This is really a wake-up call for the faith community,” said the Rev. Elwood Gray, pastor of the Peace in the Valley Baptist Church in Silver Spring.

Obama Campaign Spokesman "Unsure" Whether Democratic Platform Will Endorse SSM

The Hill:

A top adviser for President Obama’s campaign said Sunday he was unsure whether Democrats would run on a platform of same-sex marriage for the 2012 election.

Robert Gibbs, a former White House spokesman, said he had not talked to Obama yet about the possibility of bringing the issue of same-sex marriage rights into focus as a main issue leading up to November’s elections.

“I don't know the answer to that,” said Gibbs in an interview on ABC’s This Week. “I haven't talked to the president at all recently on this issue.

FoxNews: Legislatures Open Same-Sex Marriage Brawl on Multiple Fronts

FoxNews.com:

The same-sex marriage debate has exploded back onto the national stage in a matter of days, exposing sharp divisions within and between the parties while offering a muddy portrait of where Americans stand on the issue.

Same-sex marriage bills advanced toward the governor's desk in three states since last week, with different results.

Washington Gov. Chris Gregoire, a Democrat, signed her state's bill into law Monday. New Jersey Gov. Chris Christie, a Republican, vetoed his state's proposal Friday. The same day, the Maryland House of Delegates narrowly approved same-sex marriage legislation -- it is expected to pass the Senate, and would then be assured the signature of Democratic Gov. Martin O'Malley.

The burst of activity is occurring exclusively in states with Democrat-controlled legislatures. But even in the two states with Democratic governors, opponents of same-sex marriage are vowing to fight the bills at the ballot box.

"The people of Maryland do not support same-sex marriage," National Organization for Marriage President Brian Brown said in a statement late Friday, vowing to bring the issue to referendum if the state legalizes gay marriage. The Maryland bill already had been watered down, a political necessity given the fact the bill died in the House last year -- among the add-ons was a provision preventing the law from going into effect until litigation related to a referendum is processed.

Similar referendum efforts are afoot in Washington.

Support for SSM: The New Democratic Litmus Test?

Reid Wilson for National Journal's On The Trail blog:

... After decades of avoiding what was once a toxic issue, Democrats are on the verge of establishing a new litmus test, one that will demonstrate just how quickly and dramatically the political landscape will change: When a new crop of Democrats run for the White House in 2016, the top contenders will likely all embrace same-sex marriage the way Republicans embrace a pro-life stand.

Just as there is little room for a pro-choice Republican in national politics, it's becoming increasingly likely that President Obama will be the last Democrat to win his party's presidential nomination without supporting same-sex marriage.

Several of the Democrats who might run in 2016 are already to the left of him on gay marriage. New York Gov. Andrew Cuomo helped shepherd a bill through the Republican-controlled state Senate in his first year on the job. Maryland Gov. Martin O'Malley led the push to pass similar legislation; he'll sign the bill next week.

... Meanwhile, there are indications that opposing same-sex marriage is as strict a litmus test for Republicans as supporting unions is for Democrats...

But for an issue that some Democrats believe cost them the 2004 election, it's shocking just how much public attitudes surrounding gay marriage have changed; eight years after Kerry lost, most up-and-coming leaders within the Democratic Party have fully embraced same-sex marriage. As one Democratic strategist put it, it's hard to think of another civil rights paradigm that has shifted so quickly, in any country, at any point in history.

William Duncan: Is Gay Marriage Inevitable?

William Duncan in NRO's The Corner:

A common refrain in the debate over same-sex marriage is that we ought to support the idea as soon as possible in order to be on the right side of history (every day in every way, we’re getting equaler and equaler) but this “inevitable” idea just can’t seem to shake its evitability.

The preferred narrative this week posits the continuing march of same-sex marriage in Washington and New Jersey. A closer look would give us pause. A referendum on the just-approved Washington same-sex marriage bill is already in the works; New Jersey governor Chris Christie has promised to veto the same-sex marriage bill there because he supports a public referendum on the issue; in Maryland, the same-sex marriage bill was amended yesterday to ensure there would be time for a referendum to be launched if that bill is passed, not to mention upcoming votes on marriage amendments in North Carolina and Minnesota.

This is probably not good news for gay-marriage advocates. The enduring gains for same-sex marriage have typically occurred where public input could be kept to a minimum because they were mandated by court order and amending the state constitution was extremely difficult. (California’s Proposition 8 is instructive because amending was not difficult, so the court decision of 2008 was reversed months later, and advocates have had to resort to the courts again.) There have been legislative gains, but the stories of New Hampshire, New York, etc. aren’t over yet.

There’s no inevitability here, just a rough road ahead.

White House: "No Comment" On Washington State Vote, New Jersey Veto

The gay newspaper The Advocate reports on the President's continuing effort to vote "present" on the marriage debate:

White House press secretary Jay Carney dodged comment on this week’s marriage equality victory in Washington as President Obama was scheduled to visit the state for a Friday tour at Boeing Co., where he spoke about measures to boost American exports.

Speaking with reporters aboard Air Force One, Carney also declined direct comment on New Jersey governor Chris Christie’s vowed veto of a marriage equality bill passed by the state assembly Thursday. Lawmakers have two years to override a veto.

“I would say only broadly, as I have said in the past, without weighing into individual states and their actions, that this President strongly supports the notion that the states should be able to decide this issue, and he opposes actions that take away rights that have been established by those states,” Carney said Friday.

URGENT ALERT: Sustain the Veto! Contact your legislators today!

Email Header Image

The battle for marriage in New Jersey is far from over . . . this just might be its most critical hour.

Please take a moment to call or email your state senator and assemblyman today.

Take Action Now

Yesterday afternoon, just hours after the same-sex marriage bill reached his desk, Governor Christie made good on his promise to return the bill to the legislature "with a big red veto." Democratic leaders in the Senate and Assembly—who made same-sex marriage their #1 priority this year—are now scrambling to come up with the 2/3 majority needed to override Governor Christie's veto.

And it's up to us to make sure that they don't succeed in pressuring, cajoling or arm-twisting enough politicians to override Governor Christie's veto.

Initial votes in both the Assembly and the Senate fell well short of the 2/3 majority needed to override a veto, but it is important to send a message to your legislators today—and to keep the pressure up in coming months.

The legislative session continues through the end of 2013, giving gay marriage activists nearly two years to find 3 more votes in the Senate and 12 more votes in the Assembly needed to override the veto.

So please don't let up now. Take a moment to call or email your elected officials in Trenton today.

Same-sex marriage advocates aren't giving up—far from it, they are stepping up their efforts, and we must do the same. Please make your voice heard today—and then forward this email to three friends who would join you in making sure that Governor Christie's veto is sustained, and marriage is preserved in New Jersey.

NOM Calls on Maryland Senate to Reject Legislation Redefining Marriage; Vows To Join With Allies To Refer Redefinition of Marriage to Maryland Voters If Necessary

FOR IMMEDIATE RELEASE: February 17, 2012
Contact: Anath Hartmann or Elizabeth Ray (703-683-5004)


“The people of Maryland will decide this issue if they have to, just as voters
in 31 other states have done.”—Brian Brown, NOM President

National Organization for Marriage

Washington, DC—The National Organization for Marriage (NOM) today called on the Maryland Senate to reject legislation passed by the Assembly to redefine marriage and pledged to work with allies in Maryland to qualify a referendum to the ballot giving voters the right to overturn redefining marriage if necessary.

“The people of Maryland do not support same-sex marriage,” said Brian Brown, NOM’s president. “We call on the Maryland Senate to reject this legislation. Failing that, we are committed to work with allies to ensure that the people of Maryland will decide this issue just as voters in 31 other states have done, which is to preserve marriage as the union of one man and one woman.”

Voters in 31 states have already voted on the definition of marriage, and in every state they have decided to preserve marriage as the union of one man and one woman. This includes deep blue states like California, Wisconsin and Maine.

“Legislators who vote to redefine marriage will be held accountable to their constituents,” Brown pledged. “Those Republicans in the Assembly who abandoned principle and traded their votes will be held to account. Upwards of 80% of Republican voters oppose same-sex marriage. Democrats, too, will have to answer to their constituents, including the upwards of 70% of African Americans who oppose redefining marriage.”

NOM and allies will continue to oppose the legislation as it heads to the Senate. Should legislation redefining marriage be signed, supporters of traditional marriage would need to collect approximately 56,000 signatures of registered voters to prevent it from taking effect until voters decide the issue at the November 2012 statewide election.

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To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Elizabeth Ray (x130), [email protected], or Anath Hartmann,[email protected], at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, President. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).

Victory! Gov. Christie Vetoes Same-Sex Marriage Bill

Gov. Christie fulfills his promise to the people of New Jersey:

Gov. Chris Christie has backed up his promise to reject a bill allowing same-sex marriages in New Jersey.

His veto came Friday, a day after the state Assembly passed the bill. The Senate approved it Monday.

... Lawmakers have until the end of the January 2014 legislative session to override the veto.

They would need to get two-thirds of the lawmakers in the Assembly and Senate to agree. Both votes to pass it fell short of that mark.

The Democratic-controlled Legislature has been unsuccessful in every previous attempt to override Christie. -- The Associated Press