Julian Rivers is published widely in constitutional law, legal theory, and law and religion studies. He is Professor of Jurisprudence at the University of Bristol Law School, an editor-in-chief of the Oxford Journal of Law and Religion, and a member of the advisory board of the Ecclesiastical Law Journal.
In the current issue of Cambridge Papers, he takes up the case for redefining marriage and finds it wanting.
Here is the summary:
"The Government's proposal to introduce same-sex marriage seems to rest on reasons of equality, stability and convenience. But on closer inspection, these are respectively incomplete, speculative and negligible. As currently defined, marriage secures the equal value of men and women. It also promotes the welfare of children. By contrast, the new definition of marriage will unavoidably call into question its exclusivity, its permanence and even its sexual nature. Such an unravelling of marriage is too high a price to pay for a proposal which fulfils no practical legal need."
And here is his conclusion:
"The proposal to change the current definition of marriage depends on a sense that the man-woman criterion confers no distinctive social goods and represents an arbitrary limitation. But this is not the case. Marriage affirms the equal value of men and women, and promotes the welfare of children. Moreover, the logic of equal recognition and radical choice means that the boundaries of any new definition will be far more vulnerable. Challenges to its exclusivity, its permanence and even its sexual nature will be unavoidable. Marriage risks becoming any formalised domestic arrangement between any number of people for any length of time. On such a trajectory, marriage will eventually unravel altogether."
FOR IMMEDIATE RELEASE: October 26, 2012
Contact: Elizabeth Ray or Jen Campbell (703-683-5004)
WASHINGTON, D.C.—Today, Brian Brown, President of the National Organization for Marriage (NOM), issued the following statement concerning remarks made by Dr. Robert Anderson, pastor of Maryland’s Colonial Baptist Church:
"The statement by Dr. Anderson is being mischaracterized as implying that gays and lesbians are worthy of death. Dr. Anderson meant no such thing. But just to be clear, the National Organization for Marriage (NOM) does not and has never tolerated any statement that the bible justifies any act of violence, intimidation or even incivility toward gay and lesbian individuals. NOM repudiates any statement that gays and lesbians should be subjected to any act or statement that violates their inherent human dignity as people created in the image of God. All Americans are entitled to love and respect and NOM rejects any act or statement to the contrary. NOM is also in agreement with the statement issued by Rev. Derek McCoy of the Maryland Marriage Alliance making clear that the "No on Question 6" campaign does not condone any acts or statements that violate the dignity of gays or lesbians or anyone’s human rights."
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To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Jen Campbell (x145), [email protected] , or Elizabeth Ray (x130), [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).
In just 10 days, you can change history. You could wake up the morning after the election to watch the shocked expression on the faces of all the pundits, the politicians, the out of control judges, and see the headlines: HISTORIC NATIONAL VICTORY FOR MARRIAGE!
Just 10 days until the polls close, when America will choose. The future of our country—and also the future of marriage—could be decided for generations to come.
Nationally, Americans will choose between Mitt Romney, a pro-marriage candidate for President who will defend DOMA and appoint judges that respect our Constitutional values; or the openly pro-gay marriage incumbent, Barack Obama, who has surreptitiously undermined the legal defense of marriage for four years and who, if he gets a second term, will have the power to position a fifth vote on the Supreme Court to invent a right to gay marriage and insert it in our founding document.
In Iowa, Judge David Wiggins—the fourth of seven judges who imposed gay marriage on the people of Iowa—faces the voters.
In Maine, Washington, Maryland, and Minnesota, four blue state ballot initiatives that converge in a national referendum on marriage. Everywhere, pro-marriage forces are outspent, outgunned, and out-manned. The media is licking its chops, working overtime to predict the defeat of marriage.
Following the Anti-Marriage Money
Just this week, billionaire Bill Gates gave $500,000 for gay marriage to the referendum fight in the state of Washington. Manhattan billionaire and Mayor, Mike Bloomberg, chipped in with his $250,000 "match" gift. Proponents of gay marriage in Washington (R-74) have spent more than $9.5 million already—five times more than the whole war chest of the little band of faithful brothers and sisters at Protect Marriage Washington. They are the David in this fight against the Goliath of the gay marriage media-industrial complex—Big Business, Big Hollywood, and Big Media—who have been on the airwaves for literally months with ads.
The money advantage is only part of the story. Big media and big business are joining forces to push gay marriage like nothing I've ever seen before.
Major corporations in Washington have pooled their resources to take out a full-page ad announcing support for gay marriage. The Olympian reports:
Executives from leading Washington businesses—including iconic Northwest brands such as Costco, Nordstrom, Microsoft, REI, Amazon.com and many others—have signed onto a full page ad in this morning's Sunday Seattle Times [sic], endorsing Referendum 74's same-sex marriage law.
Nordstrom sent an email to all 58,000 employees announcing company policy supports gay marriage, and urging them to vote for R-74. (It may backfire: how many ordinary workers want our bosses instructing us how to vote in a moral matter like the definition of marriage?)
And the Seattle Times corporation upped the ante, announcing it would donate at least $90,000 in free full-page newspaper ads supporting gay marriage!
Money Talks, but Voters Talk Back!
If you and I were a conventional political movement, we would be feeling pretty overwhelmed right now, depressed and in a defensive crouch.
They can't figure out why we don't just give up fighting for marriage!
But you and I know that this is not ordinary politics. There is a Thumb on the scale of justice. Some things are more powerful than money, and this week, we are beginning to see it make miracles happen.
Yesterday, the good news started pouring in!
Just a few weeks ago, polls showed marriage down by 14 points in the state of Washington.
But yesterday the respected Elway poll released the latest figures. After just a week or so of pro-marriage TV ads, there's been an incredible swing in public opinion towards marriage!
Opposition to R-74 has leapt ten points in the last week, since opponents went up on the air with new ads crafted by Prop 8 genius Frank Schubert (who is NOM's political consultant).
Here's one of the ads motivating this change:
And then there's this one, even more powerful than the first!
So, with R-74 now at 49 to 45 percent among likely voters—a statistical dead heat and huge change from the 14 point advantage gay marriage held in September (when 53 percent of Washington voters told the pollster they would support R-74)—there is great cause for hope.
That's right: despite spending $9.5 million, and months uncontested on the airwaves, the pro-gay marriage side has not managed to move public support for gay marriage.
All Bill Gates' money and all Starbucks' alleged Seattle cache may not be enough to push gay marriage over the finish line, if—and it's a big if—pro-marriage forces have enough money to get the truth out to the American people!
The stubborn good sense of the American people on marriage has been extraordinary: Yes, live and let live, people are practically shouting from the rooftops; but don't redesign marriage!
Look for a lot of shocked pundits on election night in November....
Trouble for Wiggins in Iowa
In Iowa, a new poll shows trouble ahead for Judge David Wiggins. I was out in Iowa on the "NoWiggins" bus—with Rick Santorum, Bobby Jindal, and other leading conservative voices.
This month, a new ad crafted by Frank Schubert went up and is on the airwaves in Iowa.
And new Public Policy Polling data shows 43 percent of Iowans saying they will vote "no" to retaining Wiggins, compared to only 37 percent who would support keeping the justice on the Iowa bench.
Kudos to Iowans for Freedom for keeping up the good fight—we stand with you!
Nationally, Support for Marriage Grows While Attacks Intensify
This week, USA Today is reporting more shocking good news: The "Tastes Like Hate" boycott against Chick-fil-A has backfired, and business is up in the third quarter, shocking PR gurus across the country:
Consumer use of the chain was up 2.2% in the third quarter compared with the same period in 2011, says the Sandelman survey of more than 30,000 fast-food consumers conducted in markets where Chick-fil-A is located. Market share was up 0.6%, and total ad awareness was up a hefty 6.5%.
"Chick-fil-A did everything wrong in the book, says Chris Goddard, president of CGPR. "Their president shot from the hip, and his PR team was not equipped or prepared (to respond). It was a PR disaster and a clear case of what not to do in a crisis."
Evidently, the PR gurus don't know there's a Hand in this fight that is not bound by the conventional wisdom.
Chick-fil-A, too, seems unstoppable. "There was a lot of talk that [these boycotts] would hurt Chick-fil-A, but it actually helped the brand," says Jeff Davis, president of Sandelman. During the third quarter, Chick-fil-A broadened its regular customer base in 28 of 35 media markets, he says.
When you stand up for what is right—for God's truth about marriage—amazing miracles can happen!
The stakes are so high. Just yesterday, the New Jersey Division of Civil Rights ruled that a same-sex couple had a civil right to hold their wedding on the grounds of the Ocean Grove Camp Meeting Association, a Bible camp founded in the 19th century to host Christian revivals. Ocean Grove has lost the right to let its property for weddings, unless they are willing to treat gay union vows as equally sacred to marriage.
In New York, Liberty Ridge Farm has similarly been charged with discrimination for politely telling a lesbian couple they don't do gay weddings
Up in Maine, NOM's Marriage Anti-Defamation Alliance reported this week on school counselor Don Mendell, a "Teacher of the Year" award recipient whose job was threatened when he came out against gay marriage:
And as I write, black pastors in Maryland are organizing a protest on the grounds of Gallaudet University, which suspended Dr. Angela McCaskill for doing nothing more than signing a petition to put the question of marriage to voters. [You remember, I reported last week on the outrageous attacks against McCaskill.]
The rights of all those of us who believe in Biblical standards are at risk. But we can fight back!
Out in Minnesota, a new ad running this week warns of the consequences of same-sex marriage and how it alienates parents from the process of their children's education:
How You Can Help Today
Look, I'm not going to kid you: these are tough, close fights all over—the conventional odds are overwhelmingly against us. But I promise you that victory, with God's help, is within our grasp.
Will you help? I know how tough the economy is out there. Your family and your faith community of course come first.
With your help, and by the grace of God, we can take on Bill Gates, Mayor Bloomberg, and all the other billionaires—take on Big Hollywood and Big Media. And we can win!
Because of state election laws, if you want to give to any of the four state marriage fights, you need to do so directly. To help, we've set up www.StandForMarriageAmerica.com so you can go and direct your donation to any or all of these state battles.
Meanwhile, NOM's Million Dollar Match for Marriage continues to do well. Thanks to each of you digging deep and sacrificing so generously, NOM so far has raised $564,557—or more than $1,693,000 for marriage! We are more than halfway there for our million dollar double-match challenge!
Less than 10 days to a historic victory. Thank you for all you've done to make us the national leader in the fight for marriage.
City Pages takes an extended look at polyamorous Minnesotans waiting in the wings of the movement to redefine marriage:
"...Whether a poly person is looking for stability or sex, the Twin Cities has a group for pretty much any flavor.
A quick search online will show a number of various polyamory meet-up groups or organizations, catering to various ages, backgrounds, and geographical locations throughout the state. MN Poly — the Minnesota Polyamory Network — is the most well-known, and also happens to be the one that has Carrie as a member of the board.
The group officially has a couple hundred active members, but this is just the tip of the iceberg when it comes to finding a poly group in the area.
... "I remember once in the gay-marriage movement several years ago there was an opinion piece written in another local publication. The right-wing groups and talking heads were all saying things like, 'We can't support gay marriage because the next thing will be polyamorous marriages.' I thought that was interesting because I had never heard polyamory mentioned in the media before," she recalls. "So anyways, this publication wrote an op-ed piece where they said, 'You don't have to worry about polyamorous marriage because polyamory doesn't exist.' That really upset a lot of us because we felt like we were being marginalized."
The group took a stand, organizing a letter-writing campaign (remember letters?) and creating more awareness for the poly community. The results are still being seen today.
"It's a lot different now that we have organized groups, and I think because people have become so much more accepting of the GLBT community and other types of relationships, I think our group and our community is going to continue to grow," Carrie says optimistically. "I think that we are the next equal rights movement, and that poly is going to continue to become increasingly accepted in the future."
City Pages also interviewed a polyamorous mother of two:
Alright, so let's get this part out of the way: How long have you been practicing poly?
My husband, Jim, and I have been married for almost 12 years. We decided to open our marriage up in August of 2009, and I promptly met my boyfriend, Justin, who I've been with for three years.
And how many kids do you have?
I have a daughter who is ten and a son who is eight.
So how did your kids react to you practicing poly?
The things with kids, is that when people are trying to hide something, it's exciting. But we just live our lives and don't really make a big deal out of it, so they don't really think anything of it either.
You never had any sort of talk with your kids about being poly?
Early on, if Justin would spend the night then we'd try and get up before the kids and be like, "Hey, my friend Justin came over for breakfast again!" But eventually we just stopped pretending. Plus my kids get up way too early, so I just couldn't keep that up.
FOR IMMEDIATE RELEASE: October 26, 2012
Contact: Elizabeth Ray or Jen Campbell (703-683-5004)
"Every time a state has voted on marriage over the past four years the citizens have ignored the President and voted their pro-marriage beliefs … and this November will be no different."—Brian Brown, President of NOM—
Washington, D.C.—Reacting to the news that President Obama has endorsed Referendum 74 in Washington State, Question 1 in Maine and Question 6 in Maryland, all of which would redefine marriage if approved, Brian Brown, President of the National Organization for Marriage (NOM) said:
"President Obama has opposed every effort to protect marriage since he came into office, and yet every time a state has voted on marriage over the past four years citizens have ignored the President and voted their pro-marriage beliefs, including most recently in North Carolina, where a plurality of Democrats ignored the President's opposition and contributed to the 61% of voters who supported the Marriage Protection Amendment earlier this year."
"Time and time again we have seen that people's personal conviction that marriage is the union of husband and wife is too strong to be swayed by what the President says on this issue," Brown continued.
"President Obama's choice to support efforts to redefine marriage will prove to be a motivation for pro-marriage voters in these states and across the country to mobilize in the final days before the election to support marriage and support candidates at the local and national level who share their pro-marriage view. Voters in thirty-two states have voted to protect marriage as the union of one man and one woman, often by a wide margin, especially in swing states considered critical to the election of the next President. Mitt Romney has been a stalwart advocate of marriage and has signed NOM's five-point Marriage Pledge. The contrast between the two Presidential candidates on the issue of marriage could not be clearer," Brown added.
"The momentum is clearly behind our efforts to protect marriage in the four states voting on November 6th . Pro-marriage activists have always won the closing argument and this November will be no different, despite President Obama's choice to inject himself into the important decisions these four states are about to make," concluded Brown.
President Obama has previously stated his opposition to the Minnesota Protection Amendment.
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To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Jen Campbell (x145), [email protected] , or Elizabeth Ray (x130), [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).
FOR IMMEDIATE RELEASE: October 25, 2012
Contact: Elizabeth Ray or Jen Campbell (703-683-5004)
"He changed his vote for power and campaign contributions and now he is outright lying to the people of Western New York." —Brian Brown, President, NOM—
WASHINGTON, D.C.—Brian Brown, President of the National Organization for Marriage (NOM) today called out New York State Senator Mark Grisanti for outright lying in a debate with his two opponents in the 61st Senate District. During the Wednesday morning debate Grisanti said, "He did not campaign against marriage equality in 2010." The lie was made in an attempt to fend off his opponents who were challenging Grisanti on his flip-flop and betrayal of traditional marriage.
"For Mark Grisanti to say he didn't run on the issue of marriage couldn't be further from the truth," Brown said. "In 2008, I had a phone conversation with him. He pledged his support and took our money. I can't imagine how it could be any clearer."
Brown also referenced a letter that Grisanti wrote to several members of the clergy throughout the district proclaiming that he was "unalterably opposed" to same-sex marriage.
"Mark Grisanti showed us his lack of character and integrity when he flip-flopped and betrayed us on marriage and he is showing his true colors again to defend his deplorable actions" Brown continued.
Brown cited two different news accounts regarding Grisanti's 2010 victory:
A New York Times Magazine article from April of 2012 that wrote, "he told people he was in the man-and-a-woman camp, which probably bought him a smattering of black support. Moreover, Grisanti was listed on the ballot as the candidate of the Conservative Party in addition to being the Republican nominee, and he reaped 4,368 votes on the Conservative line. So it is not a stretch to suggest that, between Conservative and black votes, Mark Grisanti owes his seat to the fact that he identified himself as a "no" vote on gay marriage."
and
A Buffalo News article written by Donn Esmonde in November of 2010 where former Erie County Executive Joel Giambra, who was credited with orchestrating the successful Grisanti State Senate campaign, attributed the win in part because Grisanti's opponent Antoine Thompson " had trouble with his base [of support] because of his backing of gay marriage."
"Mark Grisanti clearly changed his position and now he's trying to change history. He changed his vote for power and campaign contributions and now he is outright lying to the people of Western New York so he can continue to cash in," Brown concluded.
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To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Jen Campbell (x145), [email protected] , or Elizabeth Ray (x130), [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).
The first nationwide public demonstration against the French socialist government’s plan to legalize homosexual “marriage” took place today simultaneously in 75 French towns.
The events were organized by “Alliance Vita” and took the form of colorful flash mobs in well-frequented locations, attracting widespread public attention and media coverage.
In every case groups of men dressed in black and women in white separated into two groups symbolizing the fact that every child needs a mother and a father. Holding up bright pink signs saying : “Daddy, Mommy, you shouldn’t tell lies to children”, the “daddies” and “mommies” alternately helped a blundering bird – symbolizing a new-born child – to leave its nest without falling.
Meanwhile Joe Dassin’s sixties hit, “Tout bébé a besoin d’une maman” (“Every baby needs a Mommie to be loved”), and Abba’s Mamma mia were played over loudspeakers.
On the busy main square of Paris business and shopping center “La Défense,” where this author witnessed the event, most of the lookers-on seemed interested and even sympathetic to the message. Young people handing out leaflets in favor of natural marriage said at least 80% of people they spoke with reacted positively.
In many towns hundreds of “daddies and mommies” gathered to spread the message: 600 in Lyons, 400 in Rennes, as many in Bordeaux, 200 in Toulouse.
At least 1,500 joined the event in Paris, where “Alliance Vita’s” leaders addressed the crowd.
“To tell a child it has two daddies or two mommies is telling a lie. You should never lie to a child,” said Tugdual Derville, the movement’s general delegate.
“Children have a right to know their origins, they have a right to a daddy and a mommy and not respecting that when they are already hurt through being orphans is just adding further mistreatment,” he said.
You can find more photos of the Paris flash mob here.
Alliance Vita, which organized the Flash Mobs, is calling for a referendum allowing the people of France to vote on marriage.
Here is one of the organizers of the Paris event explaining their message:
One of our French-speaking supporters provides a rough translation:
”We have heard those who want the so-called marriage for everyone but we have not heard the voice of the children ...We are all born from one man and one woman ...In term of education, are we going to abolish this [idea of] natural parenting and the complementary between father and mother which we know is very precious ...Even if the government erase[s] on paper such natural parenting, it will not be erased at the level of the people."
The Knights of Columbus, a Catholic charitable organization, has given $100,000 to Protect Marriage Maine, the group leading efforts to oppose same-sex marriage in Maine.
The money comes from the international offices of the group, according to a press release.
"I believe this gift will encourage many other Mainers to financially support our efforts to protect marriage as the union of one man and one woman," said Bob Emrich, chairman of Protect Marriage Maine. "We look forward to continued financial and grassroots support as the campaign gears up for its final phase of advertising and get-out-the-vote efforts prior to Nov. 6."
“As former DFL state lawmakers, we want to state our support for the Minnesota Marriage Protection Amendment, which the Minnesota legislature approved with bipartisan support and placed on the November 6th ballot,” stated the letter.
“Currently, there are efforts underway to redefine marriage without the say of the people. There is a lawsuit in Hennepin County District Court which is seeking to redefine marriage. And, there are legislators who are promising to repeal the current law and redefine marriage at the first opportunity.”
“We believe the people of Minnesota should have final say on the legal definition of this vital social and civic institution.”
“Clearly, protecting marriage is not a Republican issue or Democrat issue. It’s an important social issue that affects all of us,” said John Helmberger, Chairman of Minnesota for Marriage. “These legislators highlight the fact that traditional marriage, family and children are, and always have been, part of traditional DFL values. We are working hard to get Democrats who believe marriage is between one man and one woman to VOTE YES on Amendment 1 to protect marriage on November 6th.” -- Minnesota For Marriage
Kalley Yanta of the Minnesota Marriage Minute explains:
"The fundamental public purpose of marriage is to provide the ideal environment for children to be raised by the people who brought them into the world, their parents. The drive to redefine marriage to accommodate the political demands of same-sex couples separates the interests of children from the purpose of marriage."
As you know, our opponents in Washington State have had a monopoly on the airwaves for months, trying to mislead voters into supporting same-sex marriage.
A little over a week ago we began airing our ads (see them here), informing voters about the real consequences of redefining marriage and explaining why they should Reject Referendum-74 (gay marriage).
Yesterday a new Elway poll showed gay marriage has dropped in Washington State from a 14 point lead a few months ago to a 4 point race today (49%-45%), within the margin of error ...meaning the race is a statistical tie!
This is amazing news and it shows that our ads and message are working!
At the link above you can also view all the ads now airing in Washington State and across the country. Your gift will help keep these ads on the air through election day.
Even more amazing, the Elway poll wrote: "Opposition to Referendum 74 has grown over the past month while support has stayed at virtually the same level since July."
Did you catch that? Support for same-sex marriage has flat-lined at just under the critical 50% threshold despite their massive spending and advertising advantage for months.
The local media, after months of touting polls showing large leads for same-sex marriage, are refusing to report this latest poll showing a dramatic tightening in the race since our ads began airing.
Proponents of gay marriage in Washington State are awash in big-check contributions from CEOs of corporations (nonetheless, gay marriage activists have failed to move the needle in their direction since July):
Washington United for Marriage (WUM), a broad campaign coalition group for gay marriage announced today that it received a $500,000 donation from the Gates' couple.
WUM spokesperson state: ‘Bill and Melinda Gates made a second contribution to the Referendum 74 campaign because they support marriage equality and believe the law is good for Washington State.’
... Gates previously made a $100,000 contribution to WUM on 29 June 2012.
On Monday (22 October), New York City mayor Michael Bloomberg pledged $250,000 in matching donations to WUM.
Earlier this year, Amazon.com co-founder Jeff Bezos and his wife donated $2.5 million to WUM.
WUM has so far spent about $11 million on the campaign, while the anti-gay opposing campaign of Preserve Marriage Washington, only managed to raise $2 million. -- GayStarNews
A federal grand jury on Wednesday indicted a Virginia man on new terrorism charges for allegedly shooting a security guard at the Family Research Council (FRC) in Washington, D.C., this summer.
The Justice Department is charging Floyd Lee Corkins, 28, with committing an act of terrorism while armed, attempted murder while armed, aggravated assault while armed and second-degree burglary while armed.
The new charges are in addition to an indictment for possessing and transporting a firearm into D.C. for the purpose of committing a violent crime. The government filed those charges against Corkins in August, immediately following the shooting, which wounded a security guard at the conservative Christian group’s headquarters.
... In 2010, the Southern Poverty Law Center (SPLC) placed the FRC on its list of hate groups for its statements about the gay community.
In the wake of the shooting, the National Organization for Marriage, one of the nation’s leading opponents of same-sex marriage, said the shooting was a direct result of the SPLC’s decision.
The group officially has a couple hundred active members, but this is just the tip of the iceberg when it comes to finding a poly group in the area.
On the busy main square of Paris business and shopping center “La Défense,” where this author witnessed the event, most of the lookers-on seemed interested and even sympathetic to the message. Young people handing out leaflets in favor of natural marriage said at least 80% of people they spoke with reacted positively.
The Justice Department is charging Floyd Lee Corkins, 28, with committing an act of terrorism while armed, attempted murder while armed, aggravated assault while armed and second-degree burglary while armed.
