NOM BLOG

Check out NOM's new Facebook page!

Dear Marriage Supporter,

Have you visited our new Facebook page yet?

Check it out today at www.facebook.com/NationForMarriage.

facebook.com/NationForMarriage

It's the new home on Facebook for all things marriage-related. Click here to visit and "Like" the new NOM Facebook page, ensuring that all the latest news shows up in your newsfeed.

Even if you're not a Facebook user, you can check out the page regularly for news, information and conversation about marriage (although you have to be a Facebook user to post comments).

Many of you have asked what happened to the "Protect Marriage: One Man, One Woman" Facebook page. As I mentioned in last week's newsletter, Louis Marinelli helped build the Facebook page to almost 300,000 supporters, and wanted to use that page to help further NOM's work. But unexpectedly, 10 days ago Louis assumed sole control of the page, announced a sudden change of heart, and relaunched it with support from same-sex marriage activists.

Many of the page's fans have felt betrayed, and thousands have already "unliked" the page. While we wish Louis all the best personally, we're obviously disappointed that he would deprive nearly 300,000 marriage supporters of their Facebook community.

That's why we want to build this new, secure, page into the largest Facebook page supporting marriage, and we need your help.

Here's what I'm asking you to do:

  1. LIKE IT! Click here to visit and "Like" the new NOM Facebook page at www.facebook.com/NationForMarriage. And after you like the page, come join the conversation, helping to make "NationForMarriage" a vibrant community of marriage supporters from all across the nation and around the world.
  2. SHARE IT! Help spread the word to your friends and online networks. You can share this email via Facebook and Twitter, or post a short statement in your Facebook status, letting your friends know about NOM's new page. ("I'm liking http://www.facebook.com/NationForMarriage because I believe marriage is the union of a husband and wife. Join me in taking a stand for marriage today!")
  3. Finally, if you're still a member of the "Protect Marriage: One Man, One Woman" (yes, that's still the name) Facebook page, click here to visit and "unlike" the page. The unlike button is at the bottom of the left-hand sidebar when you visit the page.

Thanks for standing with us in this fight for marriage. We're excited about this opportunity to reach out to new marriage supporters and hope that you'll join us in spreading the word.

Brian Brown

Faithfully,

Brian brown

Brian S. Brown
President
National Organization for Marriage

P.S.: If you're on Twitter, don't forget to follow us @NOMtweets for multiple marriage updates throughout each day!

Video of Ed Whelan: Obama Politicized Department of Justice on DOMA

Legal scholar and president of the Ethics and Public Policy Center Ed Whelan minced no words in his testimony last week as he summarized his extensive research and coverage of the Obama administration's efforts to undermine DOMA.

Whelan argues that the Obama administration is "eager to obscure from the American public its stealth campaign to induce the Court to invent a constitutional right to same-sex marriage." Watch his opening statement here:

Video of Chairman Franks: Obama's DOMA Decision an Opportunist Attempt to Solve a Political Dilemma

Chairman Trent Franks (R-AZ) began last week's DOMA hearing with many astute points, including:

"The President’s decision [to abandon defending DOMA] was a baldly opportunistic attempt to free himself from a political dilemma.  The Administration had a duty to defend DOMA, but powerful constituencies of the President did not want the President to defend it.  Politics trumped duty.

... [N]ever has a President refused to defend a law of such public importance, on a legal theory so far beyond any court precedent, for such transparently political reasons."

Watch his full opening remarks here:

Breaking News: VA Social Services Commissioner Opposes New Adoption Regs

From the WaPo's Virginia Politics blog:

Virginia Social Services Commissioner Martin Brown, who was appointed by Gov. Bob McDonnell and who also worked for two other Republican governors, George Allen and Jim Gilmore, is advising a state board that it cannot impose proposed regulations that some argue would, for the first time, allow same-sex couples in Virginia to adopt children.... The proposed changes would require private and faith-based groups, such as Catholic Charities and Jewish Family Services, to allow gay parents to adopt or foster children.

The article notes that the State Board of Social Services will consider the issue Wednesday.

Ed Whelan on Prop 8: "Disclosure Delayed Is Justice Denied'

Legal scholar Ed Whelan argues that Judge Vaugh Walker should have been disqualified from the Prop 8 case now undergoing appeal - and that the decision he rendered in that case should be vacated:

Two weeks ago, former federal district judge Vaughn Walker, who ruled last summer in Perry v. Schwarzenegger that California’s Proposition 8 is unconstitutional, publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. A straightforward application of the judicial ethics rules compels the conclusion that Walker should have recused himself from taking part in the Perry case. Further, under well-established Supreme Court precedent, the remedy of vacating Walker’s judgment is timely and necessary.

... In taking part in the Perry case, Judge Walker was deciding whether Proposition 8 would bar him and his same-sex partner from marrying. Whether Walker had any subjective interest in marrying his same-sex partner — a matter on which Walker hasn’t spoken — is immaterial under section 455(a). (If Walker did have such an interest, his recusal also would be required by other rules requiring that a judge disqualify himself when he knows that he has an “interest that could be substantially affected by the outcome of the proceeding.”) Walker’s own factual findings explain why a reasonable person would expect him to want to have the opportunity to marry his partner: A reasonable person would think that Walker would want to have the opportunity to take part with his partner in what “is widely regarded as the definitive expression of love and commitment in the United States.” A reasonable person would think that Walker would want to decrease the costs of his same-sex relationship, increase his wealth, and enjoy the physical and psychological benefits that marriage is thought to confer.

New Hungarian Constitution Protects Marriage as One Man, One Woman!

Big change is afoot in Hungary, as the AP reports:

Hungarian lawmakers approved a socially and fiscally conservative new constitution Monday that was blasted by rights groups and the political opposition for measures including a ban on gay marriage and protection of the life of a fetus from conception.

Conservative Prime Minister Viktor Orban says the constitution will allow the former communist country to complete a transition to democracy and move to an era of sound finances and clean government after years of mismanagement and scandals.

... "We've just participated in a historical moment," parliamentary speaker Laszlo Kover said moments after the bill was approved 262-44. "The new constitution is built upon our past and traditions, but seeks and contains answers to current problems while keeping an eye on the future."

House Files to Intervene in NY DOMA Case

A Wall Street Journal blog notes the first example of the House intervening in a case brought against DOMA (this one in New York):

In a filing in federal court in New York, House lawmakers asked to be allowed to intervene in a case that challenged the legality of the law since the Justice Department had withdrawn its defense.

Dan Lungren (R., Calif.), chairman of the Committee on House Administration, which oversees the House general counsel, said: “This administration’s failure to enforce current law, an act inherently unconstitutional in and of itself, has forced the House to intervene and ensure the courts – not the president – determine constitutionality.”

Re: Louisiana's Refusal to Issue a Birth Certificate to Two Gay Men who Adopted a Child in New York

Two men adopt a child in New York. They ask Louisiana to issue a birth certificate with both their names on it. Louisiana's birth certificate law does not permit this, in part because Louisiana does not permit joint adoption by unmarried individuals.

The LA Times is denouncing Louisiana, and the appellate court decision upholding Louisiana's right to decide how it issues birth certificates (the validity of the adoption is not contested in this case).

I often have questions in cases like these that lie outside the main narrative the mainstream media is covering.

I have two questions about this case. Here's the big one I've never seen any story cover. If they adopted the child in New York, why didn't they ask New York for a birth certificate? New York does provide them to same-sex couples who jointly adopt.

Here's another question: Why do we keep calling this a birth certificate, when clearly it's not?

If anyone actually knows the answer to the first question (and there may be a simple explanation), I'd love to know. Why didn't they get a New York birth certificate?

That strategy, if it worked, would have saved a lot of litigation fees that might be useful for the kid's college education.

"Legal parent certificate." Okay, I'd understand this. But obviously these two men did not birth the child. Why issue a certificate that's clearly a lie?

Follow-Up: Does Gay Marriage Prevent Gay Teen Suicide?

Last Friday NOM Chairman Maggie Gallagher was confronted by two representatives of "Get Equal" who repeatedly accused her of causing the deaths of gay teens (watch the video of Maggie's response here).

This is a good opportunity to repost a column Maggie published last October addressing exactly this charge:

Do I have blood on my hands?

Major gay rights groups are saying so. Each of us who opposes gay marriage, they say, is responsible for the terrible and tragic suicides of gay teens that recently hit the news.

... It's a horrific charge to levy in response to some pretty horrifying stories. Will gay marriage really reduce or prevent gay teen suicide? I felt a moral obligation to find out.

... The deeper you look [into gay teen suicide studies], the more you see kids who are generally unprotected in deeply tragic ways that make it hard to believe -- if you are really focusing on these kids' well-being -- that gay marriage is the answer.

And that's exactly what the Youth Risk Behavior data also show: In 2001, gay teens in Massachussetts were almost four times more likely to have attempted suicide (31 percent vs. 8 percent). In 2007 -- after four years of legalized gay marriage in that state -- gay teens were still about four times more likely to attempt suicide than nongay teens (29 percent vs. 6 percent).

Whether you are looking at their faces or looking at the statistics, one thing is clear: These kids need help, real help. They should not become a mere rhetorical strategy, a plaything in our adult battles.

Each of these teens is a child of God. And each one deserves better from all of us that becoming a "teachable moment" in someone else's culture war.

Read Maggie's full column here.

Catholic Conference of IL: New SSU Law Pressuring Catholic (and other religious-based) Adoption Agencies

From EWTN, more on the threats to religious liberty in Illinois following the passage of their (very problematic) SSU bill:

If a new civil unions law in Illinois shuts down Catholic adoption and foster care programs in the state, it will ultimately be harmful to those children in need, the Catholic Conference of Illinois says.

Conference executive director Robert Gilligan said that an “impending clash between religious liberty and civil unions legislation” in Illinois could halt services provided to children up for adoption or foster care by Catholic charities and other faith-based groups.

On June 1, the state is slated to implement a civil unions law, which will give legal rights and recognition to same-sex or unmarried opposite-sex couples.

What is often missed in this debate is just how positive an impact religious-based adoption agencies have had on the adoption system:

Gilligan explained that the state of Illinois has a history of dependence on faith-based organizations.

“It's a shame that the state of Illinois can't recognize that valuable contribution that we have been providing to the citizens of Illinois even before the Department of Children and Family services was established,” he said.

Gilligan recalled that in the 1990s “the department was in disarray, so the state turned to Catholic, Lutheran, Jewish and many good private agencies to help them.”

The state went from having 46,000 children in the foster care system in 1997 to 16,000 today.

ADF: House Heading in Right Direction in Defense of DOMA

From their press release:

Alliance Defense Fund attorneys say they are encouraged by the further efforts of the U.S. House of Representatives to defend the federal Defense of Marriage Act following the House’s announcement Monday of its official legal team. 

ADF pledged its support of the House’s efforts to defend the act, which defines marriage as the union of a man and a woman, in two critical lawsuits in which ADF attorneys filed friend-of-the-court briefs on behalf of House Judiciary Committee Chairman Lamar Smith (R-Texas). The decision by the Obama administration in February to abandon defense of the law in those lawsuits left the law without any legal defense.

The American people deserve to have their laws defended. The House is demonstrating that it will not let a law that it overwhelmingly passed, that President Clinton signed, and that the American people support go undefended,” said Alliance Defense Fund Senior Counsel Brian Raum. “ADF believes the House made an excellent decision by choosing former Solicitor General Paul Clement as lead counsel to defend DOMA, and we will support his efforts in whatever way we can.”

Learn more about how you can help our efforts at www.DefendDOMA.com.

Did Obama Sabotage DOMA for Political Reasons?

Did President Obama politicize the Justice Department, by asking career lawyers to rewrite their briefs after some of his key political supporters objected?

The Christian Science Monitor does a pretty good job of laying out the charge Ed Whelan made at the DOMA hearings.

NOM Applauds Speaker Boehner's Selection of Paul Clement as Attorney to Defend DOMA

“Thanks to Speaker Boehner's actions, President Obama's attempt to sabotage the legal defense of DOMA is not going to work.” - Brian Brown, President of NOM

WASHINGTON – House Speaker John Boehner has announced Paul Clement as the attorney to defend the Defense of Marriage Act (DOMA) in court since President Obama instructed the Justice Department to give up on defending the law earlier this year.

"At last we have a legal eagle on this case who actually wants to win in court! Paul Clement is a genuinely distinguished lawyer, a former Solicitor General of the United States, who we are confident will win this case. Thanks to Speaker Boehner's actions, President Obama's attempt to sabotage the legal defense of DOMA is not going to work," said Brian Brown, president of the National Organization for Marriage (NOM) "Speaker Boehner is also quite right that the money to defend DOMA should be deducted from the Justice Department's budget, since they will be doing the job DOJ should have done, but refused to do."

"Federalism works both ways: Congress has the right to define marriage and family for the purpose of federal law, and has often done so in particular legislation.. DOMA’s definition of marriage as the union of one man and one woman is not only constitutionally defensible--it is the reigning Supreme Court precedent under Baker v. Nelson," added Maggie Gallagher, Chairman of NOM.

Background on Paul Clement:

Paul D. Clement is a partner in the Washington, D.C., office of King & Spalding, and head of the firm’s national appellate practice.  Mr. Clement served as the 43rd Solicitor General of the United States from June 2005 until June 2008.  Prior to his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years. His more than seven years of service in the Office of Solicitor General is the longest period of continuous service in the Office by a Solicitor General since the Nineteenth Century.  He has argued over 50 cases before the United States Supreme Court, including  McConnell v. FEC,  Tennessee v. Lane, Rumsfeld v. Padilla,Credit Suisse v. Billing, United States v. Booker, MGM v. Grokster, and McDonald v.Chicago.  He also argued many of the government’s most important cases in the lower courts, such as Walker v. Cheney and the successful appeal in United States v. Moussaoui.

Clement's honors include:  Edmund Randolph Award, United States Department of Justice’s highest honor, the Office of the Secretary of Defense Medal for Exceptional Public Service, Chambers USA, Nationally Ranked Band-1 Individual, Appellate LawFinalist, Public Justice Foundation, 2010 Trial Lawyer of Year Award, “Supreme Performer” in “Top Litigators Under 45”,  American Lawyer,  January 2007

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This press release has been quoted in:

TX Gov. Perry has a Question for Rhode Island Gov. Chafee!

Gov. Rick Perry is considering running for prez. And on the quasi-campaign trail, he's taken to saying this about gay marriage:

"There is still a land of opportunity, friends — it's called Texas," Perry said. "We're creating more jobs than any other state in the nation. ... Would you rather live in a state like this, or in a state where a man can marry a man?"
[Related: "Gay Marriage as an Economic Development Plan" by Maggie Gallagher, 03/21/11]

BREAKING NEWS: Former Solicitor General Clement to Lead DOMA defense!

Good news for the fight to defend DOMA!

Kathryn Lopez at NRO has the scoop:

Former Solicitor General Paul Clement has signed up for duty to defend the Defense of Marriage Act in court. According to the Speaker of the House’s office, Clement will serve as the outside counsel in the House’s defense of DOMA.

In other words, he will be doing the job this administration won’t do: Defending the law.

Speaker Boehner's office reports:

Paul Clement, former Solicitor General, will serve as lead outside counsel in the House’s defense of DOMA. Mr. Clement will represent the House in all DOMA cases for which it will intervene.

This is terrific news!

Earlier today Speaker Boehner put his support behind the proposal that Department of Justice funding should be cut to pay for this DOMA defense.

A huge thank you to all of you who have worked so hard to help make this happen. Please continue to stay involved at www.DefendDOMA.com.

And stay tuned here for ongoing updates.