NOM BLOG

Monthly Archives: July 2013

Anderson: What Three Dissents Signal for Marriage's Future

Good weekend reading from Ryan Anderson:

"Not only was the Supreme Court’s ruling on the Defense of Marriage Act baseless and just plain wrong, you won’t learn much from reading Justice Anthony Kennedy’s majority opinion. Except that he thinks only bigotry can explain support for marriage as it was until the year 2000—a male-female union.

You can learn something, however, from reading the three dissenting opinions closely. The conservative justices’ dissents are like flares signaling the path that marriage proponents must take from here.

... The most serious looming challenge is that the Supreme Court will rule in an overreaching way again to remove the authority to make marriage policy from the American people and our elected representatives—if it thinks it can get away with it.

The Court will be less likely to usurp the authority of citizens if it is clear that citizens are engaged in this democratic debate and care about the future of marriage." (Red State)

Tuininga: Marriage, the Court, and the Erosion of Liberal Democracy

Today on Public Discourse, Matthew Tuininga argues that same-sex marriage advocates are undermining the future of democratic self-government through the courts:

There is a lot of good analysis on the Supreme Court's decisions last Wednesday to throw out California's Proposition 8 case (Perry v. Hollingsworth) and to overthrow key parts of the federal Defense of Marriage Act (DOMA) (United States v. Windsor). Same-sex marriage supporters are elated at the incredible progress the gay rights movement has made in recent years. The more optimistic marriage defenders point out that the decisions don't really change much: they simply refer the argument over marriage to the states, to let the democratic process, and civil society, do its work. And who could argue with this sort of federalism?

But of course, both of these positions miss an important fact. In both Supreme Court decisions a law passed by a democratic majority through the democratic process was overturned by judicial fiat. What we are seeing here is yet another case of reliance on nondemocratic power structures in order to overcome or bypass a democratic process that stubbornly refuses to go its way, or at least to go its way quickly enough.

We're On Offense!

National Organization for Marriage

Dear Marriage Supporter,

As you know, last week the Supreme Court handed down two terrible decisions on marriage. But the Court stopped short of fabricating a "right" to redefine marriage in our Constitution, choosing instead to allow the states to settle the question.

This means winning or losing marriage is still up to us, The People.

Within hours of last week's rulings, Governor Mike Pence of Indiana issued a statement calling upon the General Assembly to place a constitutional amendment on the ballot for the people of Indiana to vote on next November.

NOM has been strongly supportive of this effort since 2011, when the first vote to put a Marriage Protection Amendment on the ballot passed both chambers by large, bipartisan margins.

Join us as we go on offense! Please email your state representative and senator and demand they support allowing the people of Indiana to vote on marriage!

If you do not live in Indiana please forward this to your friends and family who do (or use the social media sharing buttons at the top and bottom of this email) and make a pledge to support our critical work.

Over the past few years NOM has been battling in deep blue states, successfully fending off legislative attacks on marriage in states such as Illinois, New Jersey and Hawaii — hardly friendly territory for us.

This is an opportunity to go to a thriving, Midwestern state, and demonstrate that heartland America believes in marriage.

Gay marriage advocates are still terrified of letting the people decide this issue — because they know the people do not support redefining marriage.

Help us remind the media elites and our opponents where America really stands on marriage. Please email your representative and senator right away demanding they support the right of the people to vote on marriage!

Please remember to encourage your friends and family to take action once you have done so — absolutely every single one of us can help this mission to protect marriage succeed.

Thank you and God bless you,

Brian S. Brown

DeMint: Do Traditional Marriage Supporters Deserve to Be Treated with Dignity?

Jim DeMint, President of Heritage, writes:

Some people can’t seem to understand why anyone would support marriage as the union of a man and a woman. Indeed, Justice Anthony Kennedy argued last week that the only reason Congress had for passing the Defense of Marriage Act was to “disparage,” “injure,” “degrade,” “demean,” and “humiliate” others. Justice Kennedy says we’re denying dignity to people in same-sex relationships.

154066523But it is his ruling that denies dignity to those who don’t think a same-sex relationship is a marriage. His ruling denies dignity to the millions of Americans and their elected officials who have voted to pass laws that tell the truth about marriage.

The rhetoric from the Court attacking the goodwill of the majority of Americans—who know marriage is the union of a man and a woman—is not helpful. The marriage debate will continue, and all Americans need to be civil and respectful.

...It is outrageous to suggest that 342 Members of the House, 85 Senators, and President Bill Clinton were all acting on the basis of anti-gay bias in 1996, when the Defense of Marriage Act (DOMA) was enacted. As Chief Justice Roberts says in his dissent, “I would not tar the political branches with bigotry.”

Indeed, as Heritage has argued repeatedly, there are valid reasons to oppose the redefinition of marriage—which those House Members, Senators, and President Clinton took into account. Marriage matters for children, civil society, and limited government, because children deserve a mother and a father, and when this doesn’t happen, social costs run high.

Citizens and their elected representatives have the constitutional authority to make policy that recognizes marriage as the union of a man and a woman. States will lead the way even as we work to restore clear marriage policy at the federal level. And in the states, support for marriage as the union of a man and a woman remains strong.

Video: Kenyan Deputy President Strongly Rebuffs Obama on Gay Marriage

LifeSiteNews:

A second African president has rebuffed President Barack Obama's promotion of homosexuality in foreign relations during his $100 million tour of the continent.

Obama said he respects “people's personal views and their religious faith, et cetera,” but “when it comes to how the state treats people, how the law treats people,” he believes the equality of homosexuality and the traditional family is“a principle that I think applies universally.”

Deputy President of Kenya William Ruto responded during Sunday Mass that Kenya is committed to the nuclear family as taught by the Scriptures.

“Those who believe in other things, that is their business,” Ruto said at St. Gabriel’s Catholic Church in Maili Kumi. “We believe in God.”

“This nation, the nation of Kenya,” he said, is “sovereign and God-fearing.”

New Research: Dads Who Bond With Kids Help Keep Marriage Strong

New research reveals a timeless truth:

Father and Baby Hands"In our study, the wives thought father involvement with the kids and participation in household work are all inter-related and worked together to improve marital quality," said Adam Galovan, lead author of the study and a researcher at the University of Missouri, in Columbia. "They think being a good father involves more than just doing things involved in the care of children."

... Doing household chores and being engaged with the children seem to be important ways for husbands to connect with their wives, and that connection is related to better relationships, Galovan explained.

The research was recently published in the Journal of Family Issues.

... Men and women differed in how they reported marital quality. For wives, the father-child relationship and father involvement was most important, followed by satisfaction with how the household work was accomplished.

For husbands, satisfaction with the division of family work came first, followed by their wife's feelings about the father-child relationship, and then the degree of involvement the dad had with his children. (WebMD)

WaTimes: Critics Say Supreme Court’s Prop 8 Ruling Takes Power from Voters, Gives it to State Officials

Whatever your views on marriage -- the Prop 8 ruling is "fundamentally undemocratic":

The Supreme Court’s decision Wednesday on Proposition 8 unlocked the door for same-sex marriage in California but also may have stifled the voices of the state’s voters.

In its 5-4 decision, the high court ruled that the private group behind the citizen-initiated measure on the November 2008 ballot had no standing to defend Proposition 8 in federal court, even after California Gov. Jerry Brown and state officials refused to do so.

We the PeopleThe ruling on standing, while seemingly technical, has alarmed critics on both ends of the political spectrum, who worry that the decision effectively gives state officials the unchecked power to nullify ballot initiatives they dislike by refusing to enforce them or defend them in court.

“I think regardless of what anybody thinks about same-sex marriage, everyone who cares about democracy should be concerned about this decision,” said John Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California. “It’s fundamentally undemocratic.”

The national revolt against higher taxes arguably began with a California citizen initiative: Howard Jarvis‘ Proposition 13 in 1978. Over the years, the state’s voters have weighed in on such hot-button issues as term limits, bilingual education, affirmative action, medical marijuana, punishment for crimes, government debt and, in 2008, same-sex marriage.

But the Supreme Court, in a 5-4 decision written by Chief Justice John G. Roberts Jr., essentially held that those who draft, finance and campaign for the initiatives can’t get into the courtroom to defend their handiwork. (The Washington Times)

MN Makes Clear: Individuals, Businesses, Nonprofits All Face Lawsuits From SSM

The Minnesota Department of Human Rights today released rules listing all of the individuals who now face lawsuits for not recognizing redefined marriage -- they include:

MNThe [gay marriage] law does not exempt individuals, businesses, nonprofits, or the secular business activities of religious entities from non-discrimination laws based on religious beliefs regarding same-sex marriage.

Therefore, a business that provides wedding services such as cake decorating, wedding planning or catering services may not deny services to a same-sex couple who is planning a wedding based on their sexual orientation.

To do so would violate protections for sexual orientation laid out in the Minnesota Human Rights Act. The individuals denied services could file a claim with the Minnesota Department of Human Rights against the entity that discriminated against them.

Meet Kamala Harris (and the Future We Must Avoid)

nom_email_2013-07-01_fundraising-button

Dear Marriage Supporter,

Kamala Harris may not yet be a household name across the nation, but she's the uber-liberal state Attorney General of California. She hails from San Francisco and she doesn't much care for people who believe that marriage is the union of one man and one woman, as God created it.

In fact, she pretty much disdains us.

In a press conference called to celebrate the US Supreme Court's dismissal of the appeal of Prop 8 on standing grounds, Harris said of those of us who support true marriage, "The United States Supreme Court in essence declared today: they are bystanders; they are sitting in [sic] the sidelines." She also declared happily, "The United States Supreme Court today made clear that Proposition 8 is unconstitutional."

Please help us stop manipulative politicians like Kamala Harris who would silence our voice in the public square and treat us like pariahs simply for believing in the age-old, God-ordained conjugal view of marriage.

I've included a link to the video of Harris's comments so you can see them for yourself. But first I want to explain why what she said is so deeply wrong.

Of course, the US Supreme Court said nothing close to what Harris claimed, and issued no such ruling that Proposition 8 was unconstitutional. In fact, the Court specifically decided nothing about Proposition 8 other than the proponents of the initiative did not have the legal standing to bring an appeal to the Court. Only state officials responsible for defending the laws could bring an appeal, the Court's majority said. That's Harris, as Attorney General, and Governor Jerry Brown, and both refused to defend the votes of the 7 million people who passed Proposition 8.

Marriage in California has now died for lack of a defense.

Most of us would consider such actions cynical, shameful and despicable. Clearly, they undermine public confidence in the legitimacy of the legal system. Yet Kamala Harris tells us that, "it's a great day" because, "it means those people who want to deny same-sex couples the benefits of equal protection and due process under the United States constitution cannot do so simply because they don't like the notion."

In other words, the more than 7 million Californians who exercised their sovereign right to amend their state constitution — an act that the California Supreme Court ruled overwhelmingly was a proper and legal use of the constitutional amendment process — don't matter because she, Kamala Harris, has determined that it was the wrong thing to do and she was not going to let them get away with this "notion." In the world of Kamala Harris, we are banished to the sidelines, not even fit to participate in civil discourse.

Harris ignored her oath of office and lied about what the Supreme Court has said about Proposition 8. Worse, her hubris and arrogance is revealed with the statement that, "I know that all Californians — as evidenced by the most recent polling that was done, 61% — support same-sex marriage and the right of these couples to marry, as equals under the law."

Memo to Kamala: even if it were true that 61% of Californians now support same-sex marriage (which is undoubtedly not true), since when does that equate to "all Californians?" And since when does some biased poll entitle the Attorney General of California to ignore duly enacted laws adopted by the voters of California (twice)?

We've got to stop politicians like Kamala Harris who are determined to force us to the sidelines, ignoring our votes and subjecting our views to second-class status. Please make a contribution today to help us fight back against Harris and her ilk.

Why does any of this matter to you? Because Kamala Harris is on the political fast-track and some Washington insiders speculate that she could be the next US Attorney General, or even a member of the US Supreme Court!

Harris was elected state Attorney General in 2010. Two years earlier, as the District of Attorney of San Francisco, she chaired Barack Obama's then underdog California campaign to win the Democratic nomination for president at a time when most of the Democratic elite were backing Hilary Clinton. President Obama owes her, and he's made it clear that he's a big admirer. (In one shockingly embarrassing moment, the president remarked that she was the "hottest" Attorney General in the country, something he had to later apologize for — and probably not just to Harris!)

If you think that things couldn't get much worse out of Washington, imagine what it would be like with Kamala Harris as US Attorney General or, God forbid, a member of the US Supreme Court. What would she do with the power of those two offices when we've already seen her utterly abandon her sworn oath of office, willingly manipulate the legal system to get a result she wants, and then lie about what the Supreme Court has decided in a major case?

I shudder to think about it.

We need your help to stop Kamala Harris and people like her. Please give generously so that NOM can fight back against any politician who suggests that our place — and that of the vast majority of Americans who believe marriage means one man/one woman — is on the sidelines.

These are tough times — we all know that. Our call is to speak, and advocate, the truth about marriage no matter what the popular culture, and ambitious politicians like Kamala Harris, have to say. Please stand with us for the truth of marriage.

Rasmussen: Public Approval of Supreme Court Falls to All-Time Low

America is not happy with the Supreme Court:

Judicial Branch Of GovernmentThe U.S. Supreme Court finished its term with big decisions on voting rights, affirmative action and same-sex marriage. Following those rulings, public approval of the court has fallen to the lowest level ever recorded in more than nine years of polling.

A new Rasmussen Reports national telephone survey finds that just 28% believe the Supreme Court is doing a good or an excellent job. At the same time, 30% rate its performance as poor. That’s the highest-ever poor rating. It’s also the first time ever that the poor ratings have topped the positive assessments. Thirty-nine percent (39%) give the court middling reviews and rate its performance as fair.

... Just prior to last week, 30% gave the court good or excellent marks. While the overall number fell only slightly following the final flurry of rulings, there were significant changes beneath the surface. Positive ratings increased among liberal voters by 13 points. However, they fell by eight points among conservatives and by seven among moderates.

Holloway: Abraham Lincoln, the Supreme Court, and the Defense of Marriage Act

Today on Public Discourse, Carson Holloway argues that it's only because our politicians have failed to follow Lincoln's example for so long that judicial activism of the sort we saw last week is possible:

139668363Just as Lincoln rejected the Supreme Court's reasoning in the Dred Scott decision, so too conservative leaders need to reject the Court's faulty reasoning about DOMA. Anti-democratic judicial activism has become habitual only because our elected leaders have declined to respond to it with Lincoln's clarity and firmness.

In United States v. Windsor, the conservative movement suffered a serious (although not decisive) defeat in the war to preserve marriage. If we are to learn from this defeat, we need (if I may stick with the military metaphor) an "after action report." That is, conservatives need to ask whether they could have done something different that might have resulted in a different outcome. Although the left has earnestly sought the Court's decision and the right has resisted it, the right still must, to put it bluntly, ponder whether it shares the blame for this debacle.

Video: NOM's Appearances on the Sunday Shows

Prof. John Eastman, Chairman of NOM and Brian Brown, President of NOM were busy this weekend touring the Sunday shows and charting out the future of the marriage movement:

NBC: Nightly News with Lester Holt - John Eastman:

Visit NBCNews.com for breaking news, world news, and news about the economy

CNN: State of the Union with Candy Crowly - John Eastman:

ABC: This Week with George Stephanopoulos  - Brian Brown:

Despite this week's rulings, which declared part of the Defense of Marriage Act unconstitutional and dismissed an appeal made by supporters of Proposition 8 banning same-sex marriage in California, Brown downplayed the victories claimed by gay marriage supporters, saying that the Court did not establish a constitutional right to same-sex marriage in Hollingsworth v. Perry , the case that considered the California ban passed in 2008.

"The court said, well, the proponents don't have standing. It did not say that there was a constitutional right to redefine marriage," Brown said on "This Week" Sunday.

President of the Human Rights Campaign Chad Griffin also joined "This Week" and said he's prepared to continue to "fight this battle on all fronts," through referenda, state legislation and federal court cases to expand same-sex marriage rights further.

Brown said the precedent set in California, where state officials refused to defend Proposition 8 - a law passed by popular referendum - is "horrific for our republic."

"If the governor and attorney general don't to want defend that law, you've just gutted the initiative and referendum process. This is not an American value," Brown said.

Brown called Justice Anthony Kennedy's majority decision in the DOMA case an "absolute travesty" and "incoherent."

He added that Justice Kennedy "says something that is patently untrue," that a person who believes "this truth, that marriage is the union of a man and a woman is somehow motivated by animus and discrimination."

Such an assumption, Brown said, "leads to discrimination against those of us who know that there's something unique and special about husbands and wives, mothers and fathers coming together in marriage."

"There will be a lot of attempts to use this decision to redefine marriage in other states. And we will stand for the truth wherever it is," Brown said.

Fox News: America’s News Headquarters with Shannon Bream – Brian Brown:
[Link forthcoming.]

Ed Whelan on the Lawless Project of SSM

Legal scholar Ed Whalen in NRO's Bench Memos:

Who has better displayed fidelity to the ideals of our constitutional republic, the supporters of traditional marriage (formerly known simply as marriage) or the proponents of same-sex marriage? Consider the histories of DOMA and Prop 8.

...The battle for marriage in California displays a similar pattern. In 2000, California voters adopt Proposition 22 to affirm that marriage in California remains what it has always been—the union of a man and a woman. In May 2008, the state supreme court, in a novel opinion and by a 4-3 vote, strikes down Proposition 22 as supposedly violative of the state constitution. Marriage supporters respond with Prop 8, which the voters of California adopt in November 2008. Intense and vicious bullying of supporters of Prop 8 ensues.

Proponents of same-sex marriage then run to their favorite federal courthouse to challenge Prop 8 on federal constitutional grounds. They draw as the judge in the case Vaughn Walker, who proceeds to engage in what is probably the most egregious course of misconduct ever by a federal district judge (and who discloses only after his retirement from the bench that he is in a long-term same-sex relationship and thus was ruling on his own right to marry his same-sex partner).

...As reprehensible is the unprecedented refusal of California officials to defend Prop 8—a refusal that ultimately leads five members of the Supreme Court (including Kagan, the decisive vote once again) to rule that the Court has no jurisdiction over the case.

Now I of course understand that those who somehow believe that there is a never-before-recognized constitutional right to same-sex marriage will perceive supporters of marriage to be the unjust aggressors in these episodes. But I would hope that even they would acknowledge that supporters of marriage have pursued their objectives democratically and peacefully and, adhering to established constitutional principles (rather than imagined new ones), have ample cause to feel terribly cheated.