NOM BLOG

New Hampshire State Rep. David Bates on the Effort to Restore Marriage

The National Catholic Register interviews NH State Rep. David Bates on the effort to restore the real definition of marriage:

“We have, right now, an illegitimate definition of marriage in our state,” said Bates, the lead sponsor of a bill that would turn back the 2009 law that legalized same-sex “marriage” in his state. If the bill passes, it would mark the first time that a legislature will have reversed itself on the contentious issue.

The New Hampshire Legislature is expected to vote later this month on Bates’ bill, which appears to have enough support to pass the Republican-controlled state House and Senate. Gov. John Lynch, a Democrat who opposed same-sex “marriage” before reversing his position and signing the law in 2009, has vowed to veto the bill.

“I’m sure (the bill) will go to the governor. I’m sure he will veto it. We’ll deal with that when the time comes,” said Bates, adding that it was preliminary to speculate whether there is enough support in the legislature to override a veto.

... The Diocese of Manchester in New Hampshire has thrown its support behind Bates’ bill, though it would restore the civil unions that same-sex couples in New Hampshire received before the 2009 law. The diocese said the bill was an “incremental improvement” toward the goal of the “full restoration of justice” and urged Catholics to contact their local representatives.

Adam MacLeod: "The Rule of Law is the First Casualty in the Judicial Assault on Marriage."

Over at Public Discourse, Adam MacLeod, an Associate Professor at Faulkner University’s Thomas Goode Jones School of Law, argues that the rule of law and the legitimacy of the judicial branch are causalities in the push for courts to recognize a right to same-sex marriage:

... As Matthew Franck pointed out in Public Discourse, Judge Reinhardt’s decision rests upon an elision. In order to make the case appear as if it came within existing U.S. Supreme Court precedent, Judge Reinhardt treated the pronouncement of a simple majority of the judges of the California Supreme Court as if it were the state constitution itself. On Reinhardt’s logic, the California court’s decision, which Proposition 8 overruled, rendered Proposition 8 unconstitutional. Reinhardt thus reads the U.S. Constitution to prevent citizens from overruling state supreme court decisions that they believe are errant. This is a novel theory indeed.

As one supporter of same-sex marriage has observed, Reinhardt’s argument is dishonest. Indeed, Judge Reinhardt’s decision has earned criticism even from those who support the result he reached. It is not difficult to see why. Supporters of same-sex marriage are not content with mere rulings in their favor. They understandably want to see courts make principled rulings in their favor. (It is interesting to note in passing that scholars who hope for legal recognition of same-sex marriage also cannot agree on any principled ground for that position. If the case for same-sex marriage is inexorably entailed in some provision of law, then one would expect it to appear obvious to those who are most inclined to find it persuasive.)

No one should want to see the judicial branch sacrifice its legitimacy for any cause, let alone in an attack upon a foundational institution of public life. The rule of law is the first casualty in the judicial assault on marriage.

David vs. The Establishment

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Dear Marriage Supporter,

If you've been reading the newspapers or watching the evening news, you already know what we're up against:

  • President Obama

  • HHS Secretary Kathleen Sibelius

  • Governor Perdue

  • Lt. Governor Dalton

  • Senator Hagan

  • Representatives Renee Ellmers, David Price and Brad Miller

Even the NAACP and 75 corporate CEOs—and they're all urging North Carolinians to vote against marriage on May 8th. Couple that with the mountains of cash from out-of-state radicals and the expected advertising blitz coming from opponents of the Marriage Protection Amendment, and we have our work cut out for us.

Sometimes it feels like David vs. Goliath.

Political leaders, business leaders, and even a few religious leaders have all rejected God's truth about marriage. But at the end of the day, it's not about a handful of giants and their assault on marriage. It's about ordinary citizens like you and me, and what we know to be true.

In two months, when voters go to the polls, every person gets one vote. We can lose only if we fail to step up to the challenge and engage the battle. Victory is within reach, but we can't sit back and expect others to win the battle for us.

Will you stand up against Goliath today?

Donate now

Even as David rejected the traditional trappings of war, he did not go to battle against Goliath empty-handed. He still took 5 smooth stones and a sling.

Marriage Supporter, your gift today is a "smooth stone" that will help to ensure we have the resources to win this battle, with God's help. We don't have to match our opponents dollar for dollar—but we can't win empty-handed, either.

Please make your most generous gift of $50, $100 or even $1000 or more today. Every dollar counts—and more importantly, it's your support that will help make the difference in these final two months.

We have just two more days to reach our goal of raising $100,000 for marriage in North Carolina. And every dollar raised for the Vote for Marriage NC campaign before midnight tomorrow will be matched dollar for dollar with a gift from NOM's general funds.

Have you answered the call? Please do whatever you can right now.

Then tell a friend about this important fight to defend the truth about marriage.

With God's help, we know who wins in the end!

Judicial Analyst Suggests Why Olson and Boies Are Scared of a Ninth Circuit Rehearing ... and SCOTUS

Bruce Hausknecht, judicial analyst for CitizenLink, explains why the legal case for gay marriage is, contrary to what we often hear, on very shaky ground, and why Olson and Boies know it:

Last week, the proponents of Prop 8 asked for an “en banc” re-hearing of the decision rendered by a three-judge 9th Circuit panel last month, authored by the ultra-liberal Judge Stephen Reinhardt. In a response filed this week, the lawyers for the homosexual couples who brought the case have asked the 9th Circuit to deny the request for a rehearing.

The brief submitted by pro-gay marriage attorneys Ted Olson and David Boies for the most part does what you’d expect: It argues that a re-hearing is unnecessary because the decision rendered by the three-judge panel (which upheld the August 2012 trial court decision striking down Prop 8 ) was correct.

But the part of the brief I find remarkable begins on page 13, in the section labeled: III. REHEARING MAY REQUIRE THE COURT TO REACH ALTERNATIVE GROUNDS FOR AFFIRMANCE ADDRESSED IN THE DISTRICT COURT OPINION. In that section, Olson and Boies warn the 9th Circuit that should it agree to the re-hearing, it may have to look at and address all of the other issues that were raised by Olson and Boies in the case from the beginning, but which the three-judge panel ended up not addressing. Since the two super-lawyers have been arguing those issues since the case began, it seems odd that they would now warn the entire court that possibly having to address them would be a bad thing.

Of course, there’s strategy in all this. Though I’m not privy to the thought processes of Olson and Boies, I assume they’re sending a message to the other liberal judges on the 9th Circuit – to stand down. Every judge on the 9th Circuit is aware that any Reinhardt opinion is fodder for a Supreme Court reversal. There likely are several other sympathetic liberals on the larger court willing to grant a re-hearing just to write a new opinion – without Reinhardt’s name on it. Even though that would make it less radioactive to the Supreme Court, I believe Olson and Boies don’t want the case to end up there any more...

... For those or perhaps other reasons, it would seem that the legal strategy from Olson and Boies has become a lot more cautious in the Prop 8 case.

Bishops of England & Wales Plan to Rally 1 Million+ Catholics for Marriage

The UK Telegraph on a massive showing of support for marriage in the UK:

The Roman Catholic Church is planning to enlist the support of more than a million regular worshippers in opposition to Government plans for same-sex marriage.

Senior bishops are preparing to draw up a letter to be read at Masses across England and Wales when the Government consultation on plans to redefine marriage gets under way later this month, it is understood.

It would be only the second time in recent history that a joint pastoral letter on behalf of all Catholic bishops in England and Wales has been issued on an issue of political importance.

Meanwhile the Sun reports:

an e-petition opposing gay marriage is expected to hit 100,000 signatures this week — which would trigger a Commons debate on the issue.

Coalition of Marriage spokesman Colin Hart — who started the petition — said: "This shows how many people care about marriage.

"Those who signed the petition come from all walks of life — religious and non-religious — and are all united by their support for the traditional definition of marriage."

Senior British Catholic on Move to Redefine Marriage: "We Cannot Afford to Indulge this Madness"

Cardinal O’Brien is President of the Bishops’ Conference of Scotland in the UK Telegraph:

...Since all the legal rights of marriage are already available to homosexual couples, it is clear that this proposal is not about rights, but rather is an attempt to redefine marriage for the whole of society at the behest of a small minority of activists.

Redefining marriage will have huge implications for what is taught in our schools, and for wider society. It will redefine society since the institution of marriage is one of the fundamental building blocks of society. The repercussions of enacting same-sex marriage into law will be immense.

But can we simply redefine terms at a whim? Can a word whose meaning has been clearly understood in every society throughout history suddenly be changed to mean something else?

If same-sex marriage is enacted into law what will happen to the teacher who wants to tell pupils that marriage can only mean – and has only ever meant – the union of a man and a woman?

Will that teacher’s right to hold and teach this view be respected or will it be removed? Will both teacher and pupils simply become the next victims of the tyranny of tolerance, heretics, whose dissent from state-imposed orthodoxy must be crushed at all costs?

Minnesota Church Loses 3/4 of Its Members For Abandoning Marriage

The left-leaning Religion News Service tries to create sympathy for a Minnesota pastor that lost most of his congregation over abandoning the great truth of marriage, even as the pastor maligns his predominantly African-American flock for "homophobia":

A small Minnesota church is finding out the high cost of standing up for same-sex equality — as well as an unexpected lifeline from the very people it decided to support.

When the Rev. Oliver White voted in favor of the United Church of Christ’s endorsement of same-sex marriage in 2005, 72 percent of his predominantly African-American flock at Grace Community United Church in St. Paul couldn’t stand with him.

The UCC’s 2005 vote, he said, was “the beginning of the end of many UCC churches.” Predominantly black churches like his suffered the most, he said, because the black community “was, and still is, very homophobic.”

Because of White’s vote, his church developed a reputation of being a “gay church” and people stopped coming. And stopped giving.

Brian Brown Responds to New Talking Points for SSM: "Our Messaging Hasn't Changed Because It's Based on Truth and Reality"

The Los Angeles Times notes that gay marriage activists have been forced to significantly revise the script they use to argue for redefining marriage:

The message "used to be one that focused on rights, parity in benefits," said Fred Sainz, vice president of communications and marketing for the Human Rights Campaign, a national gay rights group based inWashington, D.C.

Since about 2008, Sainz said, same-sex marriage activists have begun "talking about love, honor and commitment."

The emphasis on family and love was prompted, in part, by two dispiriting defeats for same-sex marriage advocates at the ballot box.

Our President Brian Brown, meanwhile, explains why NOM has never had to change its message:

"Our messaging hasn't changed because it's based on truth and reality," said Brian S. Brown, president of the National Organization for Marriage. "It's not that complicated. You don't need sophisticated talking points to present a common-sense truth."

Dan Rivoli: Same-Sex Marriage Supporters Crashing the Democrats' Party

Dan Rivoli in the International Business Times:

As Democrats continue to etablish same-sex marriage in states across the U.S., one group advocating for nationwide marriage equality says it is time to make it official: put same-sex marriage on the party platform.

"The Democratic Party at its best is a leader in standing against all forms of discrimination. And support for the freedom of gay couples to marry is a natural next step," said Marc Solomon, national campaign director for Freedom to Marry, a New York-based advocacy group.

... Even if Obama is still evolving, the next generation of Democratic leaders preparing for the national stage -- New York Gov. Andrew Cuomo, Maryland's O'Malley, Washington's Gregiore and Gov. John Lynch of New Hampshire -- are full-throated supporters of same-sex marriage, with the achievements to prove it.

... As Freedom to Marry continues to reach out to bold-faced names, Solomon says there will be a focus on those down the Democratic food chain who will fill the Democratic National Convention in Charlotte, N.C.'s Time Warner Cable Arena.

"The Democratic Party is a democratic institution and there is going to be a platform committee that's going to work together to devise a platform," Solomon said. "We're going to participate every step of the way."

WSJ Law Blog: New Hampshire GOP Looks To Roll Back Same-Sex Marriage Law

Sam Favate at the Wall Street Journal's Law Blog:

There’s been a flurry of activity on same-sex marriage lately, with Washington becoming the seventh state permitting it, the New Jersey legislature approving it despite a veto threat from the governor, the Ninth Circuit ruling the California same-sex marriage ban to be unconstitutional, and Maryland poised this week to be the eighth state to make it legal.

Now, some lawmakers in New Hampshire want to be the first in the nation to go the other way. A bill to repeal the state’s same-sex marriage law appears to have a chance at passing both houses of the state legislature, the New York Times reported. Gov. John Lynch, a Democrat, has promised to veto such a bill, but Republicans have veto-proof majorities in the New Hampshire House and Senate. If the repeal overcame a veto, it would mark the first time a legislature overturned a same-sex marriage law.

The bill, which can be seen here, would define marriage as “the legally recognized union of one man and one woman.”

... A vote in the N.H. House would have to happen by March 29, which is when legislation must be sent to the state Senate. Rep. David Bates, who introduced the bill last year after Republicans took control of the legislature, said the bill would be changed to make more members happy with it.

New Jersey Supreme Court Asks: Who is the Legal Mother of Child Born Through Surrogacy?

Law.com:

In a case that puts New Jersey again in the forefront of reproductive rights, the state Supreme Court heard arguments Thursday on whether an infertile wife should be recognized as the legal mother of her husband's biological child born to a surrogate gestational carrier from a donated egg.

... Deputy Attorney General Kimberly Jenkins defended the current process, saying that when a gestational carrier is introduced, a third party with rights is brought into the picture.

She said that under the Artificial Insemination Act, the sperm donor remains anonymous and has no voice in how his donation is used.

"Here, it's completely different," Jenkins said. "You have the introduction of a third party" who carries the child for nine months.

Chief Justice Stuart Rabner again noted that an infertile father is automatically treated as the father on the birth certificate, even though he has no biological connection to the child.

"We're not dealing with the same situation," Jenkins said. "The baby [created with donated sperm] is actually being born within the marriage. Here we have a third party who does have rights."

Abp. of Canterbury to World Council of Churches: Government Has No Right to Redefine Marriage

Christian Concern UK:

The Archbishop of Canterbury has stated that the Government has no right to legalise same-sex marriage, and that issues regarding homosexual rights should be “addressed at the level of culture rather than law.”

In a statement to the World Council of Churches in Geneva, Dr Rowan Williams commented that the legalisation of homosexual marriage would impose an unwanted re-definition of marriage on the whole of society, and that the law on human rights fell “short of a legal charter to promote change in institutions.”

He added: ‘If it is said that a failure to legalise…... same-sex marriage – perpetuates stigma or marginalisation for some people, the reply must be, I believe, that issues like stigma and marginalisation have to be addressed at the level of culture rather than law.’

Abp. Nienstedt Fights the Attempt to Redefine Marriage in Minnesota

Barb Ernster of the National Catholic Register sits down for a Q&A with Archbishop John Niendsted:

How do you address the claim that the Church is getting too political and detracting from its spiritual mission?

What is more central to the spiritual mission of the Church than fostering good, healthy marriages between husbands and wives and ministering to the varied challenges that they and their children face in their family life?

We have to remember, too, as the Holy Father has been reminding us of late, that the Church’s work in the public square contributes to the New Evangelization. It is not just the Church “doing politics,” but instead, constitutes her perennial task of forming consciences, promoting justice and announcing truths that are written on the human heart. In this way, we also point to the source of those truths — the eternal Word who has written them into the fabric of our human nature.

Unfortunately, it has become quite apparent, especially with the issue of the health-care insurance mandate, that there are forces desiring to exclude the voice of religion from the public square. Let’s be clear — that is discrimination.

In addition, I would say that we are not forcing our viewpoint on anyone. The point of rational inquiry and public debate is to arrive at the truth. Our view is that there cannot be one understanding of the human person for people of faith and another for people without faith. There can only be one, true understanding of the human person. Proposing those truths is the Church’s contribution to the discussion.

CitizenLink: Study Shows Social Value of Monogamy

Karla Dial at CitizenLink:

When it comes to marriage and family structure, there’s a good reason nearly every modern society has encouraged monogamy as the accepted norm: Because it’s good for society.

So says a new multidisciplinary study published in Philosophical Transactions of the Royal Society, the world’s longest-running scientific journal, established in 1665. Though polygamy has existed throughout history — and is still accepted in some pockets of the world — a team of authors working in the fields of anthropology, economics and psychology write that it doesn’t benefit children, women, individuals or cultures the way married monogamous relationships do.

... According to the study, monogamy yields four primary benefits:

1) It reduces crime. Numerous studies show that when they’re married, men are 35 percent less likely to commit crimes, and 50 percent less likely to commit violent crimes. The same cannot be said of polygamous cultures — or countries where men outnumber women. In China, for example, the overall crime rate doubled between 1988 and 2004 as the number of males outpaced that of females.

2) Monogamy leads to gender equality. In monogamous societies, women are generally considered equal partners in the relationship. But as the number of wives grows, the power of each in the relationship decreases.

3) Monogamy reduces household conflict. Research shows children raised in polygamous homes face far less household stability — and more conflict and violence — than those raised in monogamous relationships. As one author pointed out, “living in the same household with genetically unrelated adults [not counting adoption] is the single biggest risk factor for abuse, neglect and homicide of children.”

4) Monogamy improves children’s well-being through greater paternal investment. The more wives and children a man has, the less time he has available to spend with each of them. Even though men in modern polygamous societies tend to be wealthier, their children suffer from poorer nutrition and lower survival rates than those in monogamous households.

"Love Isn’t Enough: 5 Reasons Why Same-Sex Marriage Will Harm Children"

Dr. Trayce L. Hansen is a licensed psychologist with a clinical and forensic practice:

Proponents of same-sex marriage believe the only thing children really need is love. Based on that supposition, they conclude it’s just as good for children to be raised by loving parents of the same sex, as it is to be raised by loving parents of the opposite sex. Unfortunately, that basic assumption—and all that flows from it—is false. Because love isn’t enough!

All else being equal, children do best when raised by a married mother and father. It’s within this environment that children are most likely to be exposed to the emotional and psychological experiences they need in order to thrive.

Men and women bring diversity to parenting; each makes unique contributions to the rearing of children that can’t be replicated by the other. Mothers and fathers simply are not interchangeable. Two women can both be good mothers, but neither can be a good father.

So here are five reasons why it’s in the best interest of children to be raised by both a mother and a father:

... First, mother-love and father-love—though equally important—are qualitatively different and produce distinct parent-child attachments.

... Secondly, children progress through predictable and necessary developmental stages.

... Third, boys and girls need an opposite-sexed parent to help them moderate their own gender-linked inclinations.

... Fourth, same-sex marriage will increase sexual confusion and sexual experimentation by young people.

... And fifth, if society permits same-sex marriage, it also will have to allow other types of marriage.

Certainly homosexual couples can be just as loving as heterosexual couples, but children require more than love. They need the distinctive qualities and the complementary natures of a male and female parent.

The accumulated wisdom of over 5,000 years has concluded that the ideal marital and parental configuration is composed of one man and one woman. Arrogantly disregarding such time-tested wisdom, and using children as guinea pigs in a radical experiment, is risky at best, and cataclysmic at worst.

Same-sex marriage definitely isn’t in the best interest of children. And although we empathize with those homosexuals who long to be married and parent children, we mustn’t allow our compassion for them to trump our compassion for children. In a contest between the desires of some homosexuals and the needs of all children, we can’t allow the children to lose.

Read her full article here.