NOM BLOG

Matthew Frank: Will Real Marriage Please Stand Up?

Over at National Review Online, Matthew Franck comments on the debate between Sherif Gergis and Jason Steort over what marriage is:

Steorts then turns to propose that we "now write our positive marriage law on a tabula rasa [a blank slate]." These are startling words to read in the flagship magazine of American conservatism. Conservatives are generally loath to treat any vital question as open to being addressed in tabula rasa terms. The slate is not blank; nature and history have done their work from time immemorial. Tabulae rasae are what judges, unfortunately, think they see (or convince themselves they are seeing, or pretend to see) when they are intent on remaking society with the blunt tools of constitutional jurisprudence. We should instead seek an understanding of what nature and history–not abstractions about yearning for “maximal experiential unions”–have to teach us about marriage. This, I think, Sherif Girgis is attempting, and with considerable success.

Frezza's Folly in Forbes: Says Tea Party Should Endorse Gay Marriage

Bill Frezza writes in Forbes "Why The Tea Party Should Endorse Gay Marriage":

Why gay marriage? Aside from being a live-and-let-live litmus test (what part of get the government out of our lives don't you understand?), gay marriage is the perfect pivot issue. Coming out in favor of granting same-sex couples the same legal status as heterosexual partners can shatter the negative stereotypes pinned on the Tea Party while having no impact whatsoever on anything that really matters to anyone, unless you happen to be gay.

Selling gay marriage to the tea party is going to be tough, considering that the Pew Research Center found that only 1/4th of self-identified Tea Party people support redefining marriage (other sources claim an even lower level of support).

Ideologically, it would seem that Tea Party people are more prone to see gay marriage as government intervention in people's lives (considering that every popular vote in 31 states has supported marriage, and only liberal legislatures and judges have seen fit to impose SSM).

As for supporting same-sex marriage as a way to "shatter negative stereotypes", one of the defining characteristics of the Tea Party is a distinct disregard for what liberal elites think about them.

And as for "having no impact whatsoever on anything that really matters." The family, traditional values and respect for our Constitution all really matter to Tea Party people.

Is San Fran's Castro neighborhood appropriate for young kids?

One of the things to notice in this article in the San Fran Chronicle is how carefully all the parents are to remain anonymous - even questioning the tour location is something they fear they must do in private, rather than being "outed" as "bigots" - when actually they are simply concerned about preserving their children's innocence:

Last week, second-graders from San Francisco's private all-boys Town School strolled through the Castro, the city's world-renowned gay district...

... Last week, one of those parents contacted the CBS News desk and CBS 5 Eyewitness News featured a segment highlighting the controversy. The mother, who remained anonymous on the show, said: "Why would you talk to a young child about sex with a man and a woman let alone a man and a man or a woman and a woman? It just doesn't seem right. They are not ready for that.

...[And] what about the Castro's infamous sex shops? Those adult-oriented stores with provocative window displays featuring sex toys, nude images, pornographic movies, and a dizzying array of sexual items from phallic pasta to stripper poles to whips and chains.

These shops weren't highlighted on the tour and the guide mapped out a route that aimed to avoid them all together. Still, the Town parent who reached out to SFGate expressed concern about the children walking by these stores.

*SFGate was in touch with two Town parents for this story; both asked to remain anonymous.

Target Claims Gay Marriage Advocates Harassing Mothers of Small Children

A movement whose followers will sometimes do this - threaten to kidnap a young child during our Summer Marriage Tour:

And will also do this - trailing mothers of small children trying to shop at Target and forcing talk about gay marriage in front of their kids - this is from Target's complaint against "Canvass For A Cause":

Target is simply seeking to protect its brand as a pleasant shopping experience. Mothers who shop at Target shouldn't have to worry about their children being asked about gay marriage.

When will responsible LGBT leaders step up to condemn and put a stop to this nonsense?

In wake of CU defeat in CO, gay activists claim lawmaker has "blood of suicidal gays ... on her hands"

The Denver Post reports on a reprehensible move some frustrated gay activists took after last week's close defeat of a civil unions bill in Colorado:

A faux Facebook page rips Rep. B.J. Nikkel over her “no” vote against civil unions, saying the blood of suicidal gays is on her hands.

...The page purports to be from “Bj Nikkel Coward,” but then goes on to attack the Loveland Republican.

“On March 31st, you committed one of the greatest acts of cowardice that I’ve witnessed. You alone killed the civil unions bill … ,” an essay on the page states.

Thankfully, some who supported the bill have criticized the decision to create this mocking Facebook page in the wake of its defeat:

Republican Alexander Hornaday, who is gay and who testified in favor of the bill, was critical of the Facebook posting.

“The kind of overwrought and hysterical rhetoric from that Facebook page not only doesn’t advance the cause of gay equality, it actually retards it by needlessly antagonizing the very people we need to persuade,” he said in e-mail.

Nikkel, for her part, is standing strong:

Nikkel said she also hasn’t seen the Facebook page, but she learned a long time not to take to heart critical things written about her. She said she’s also gotten “hateful” phone calls but that an overwhelming number of people — 50 to 1 — support her “no” vote.

The Catholic Archbishop of Denver Charles J. Chaput meanwhile is urging people to thank their lawmakers:

In the face of unfriendly media coverage and heavy political pressure, opponents of the legislation did the right thing. They challenged and tabled the bill, killing it for this session. That sounds like a small act, but it took courage, especially in an environment of bitter criticism. The committee members who opposed the bill deserve our gratitude and support.

Gov. McDonnell opposes VA adoption regulations that threaten religious liberty

We're happy to see VA Governor Bob McDonnell's position on this controversial new policy (and thank you again to the hundreds of you who responded to our action alert on this last Friday!):

Gov. Bob McDonnell (R) told reporters at a Tuesday news conference that he opposes proposed regulations developed by his Democratic predecessor that would for the first time allow gay couples to adopt children in Virginia.

“I know I had said during the campaign that I would essentially keep our adoption laws -- which I think are good -- the way they are now,’’ McDonnell said. “I think the current regulations that are in place seem to be working well.”

The proposal, according to the governor’s office, would mandate that gay singles and unmarried couples be able to access faith-based groups, such as Catholic Charities and Jewish Family Services, to adopt children. (WaPo VA Politics blog)

The story also notes that the proposed policy change was introduced by former Governor Tim Kaine less than two months before he left office.

Here's the timeline for accepting or rejecting the proposed changes:

McDonnell has until April 16 to make a recommendation to the State Board of Social Services, a nine-member panel of which all but four members are holdovers from Kaine.

Act Now to Protect the Only Federal Law that Preserves Marriage

Defeated in state after state, gay marriage activists have taken their radical agenda to Washington, D.C., seeking to force same-sex marriage on the entire nation in one fell swoop.

Only one federal law stands in their way. The Defense of Marriage Act (DOMA).

Join NOM's Defend DOMA campaign today!

DOMA defines marriage as the union of a husband and wife—throughout federal statutes and regulations, forming a first line of defense against claims that our state marriage laws are unconstitutional.

Barack Obama ponders SSM

Last July, a Boston federal judge ruled DOMA unconstitutional. Then, in an extra-constitutional power grab, President Obama instructed the Department of Justice to abandon its appeal, setting himself up as head of not just the Executive Branch, but the Judicial and Legislative as well, falsely claiming DOMA unconstitutional. And now some in Congress have introduced a bill to repeal DOMA outright.

The stakes couldn't be higher. If DOMA falls, every gain from the past 15 years—every state marriage statute, every constitutional amendment, and the votes of more than 30 million Americans—could be for nothing.

That's why NOM launched what may well be our most important initiative yet: Defend DOMA. Thanks to a $1 million matching grant, every dollar donated between now and midnight April 15th will be matched, doubling its impact.

Already, we've sent more than 70,000 petitions to Congress over the past 5 weeks, and raised thousands of dollars to make sure DOMA is protected in Congress and in the courts. But we need your help today. Time is short, and your support today will help protect marriage in America against its biggest threat yet.

Take the DOMA challenge today with your gift of $30, $300, or even $3000 or more if you have the means. Then help spread the word to your family, friends, and co-workers.

Dan Savage Educates Your Children?

Renowned sex columnist Dan Savage, who is an openly gay man, will be taking his popular sex and relationship advice column to MTV in a show appropriately called "Savage U" where he intends to educate your college student about the importance of honesty over just about anything else, including fidelity.

He is of course the author of the "It Gets Better" campaign, which I liked as being (unlike most responses) apparently clearly targeted to the problem of gay teen suicides, and not using them for some other purposes.

There was a thoughtful analysis of his sexual ethics in the Washington Monthly recently, for folks who want to get a taste of what he writes.

The essay, by a Lutheran Minister, ends by pointing out where Savage ethics lead. A young man, in love with his girlfriend, with whom he has had a rather open and satisfying sexual relationship, but is tempted by more "sexual variety" asks how he can ask for that without ruining his relationship, which he values.

Savage, who for all his experience, does not know what women are like, advises him to tell her openly and honestly what he wants, because otherwise the young man will just cheat on her.

The Lutheran minister, wiser in the ways of men and women, suggests that this young man is going to get pretty lonely looking for another woman able to give him all this young woman does--and who doesn't mind his playing around on the side.

The possibility of taming one's sexual desire for the sake of another, or of a vow, is not in the Savage moral imagination. Libido will have out, and honesty about that is the best policy.

He brings, in other words, the best of gay sexual ethics and experience to a straight audience, with potentially disastrous results.

Equality Virginia Blasts Opponents of Adoption Regs, Refuses to Acknowledge or Respond to Religious Liberty Concerns

From The Washington Post's VA Politics blog:

Equality Virginia, a leading gay rights group, sent out an email late Monday night blasting Del. Bob Marshall for trying to derail a proposal to ban discrimination against gay, lesbian and transgendered people who want to adopt children.

...Equality Virginia disputes that the proposed regulations would do anything more than allow a person who seeks to adopt to do so without fear of discrimination. They are asking the board and McDonnell to allow the regulations to move forward.

Prop 8 Opponents Receive Harassing Phone Calls

I'd like to extend my personal sympathies to the litigants seeking to overturn Prop 8 who received harassing and repulsive phone calls from a caller (who apparently has previously harassed Nancy Pelosi, has a record of convictions for petty offenses, and in my non-clinical judgment shows signs of serious mental illness).

Everyone should have the right to exercise core civil rights to organize, to speak, to donate and yes to litigate, without being subjected to threats and harassment such as calls like these.

Tim Gill Says: Vote My Way Or I'll Dump $2 Million Against Your Party in Colorado

Or, at any rate, that's what Tim Gill's top lawyer Ted Trimpa told FOX 31 news:

Ultimately, the vote [against same-sex unions in Colorado] was more evidence that elections indeed have consequences.

The GOP's one-vote majority in the House won last November entitles them to majorities on all House committees and to effectively kill measures they don't like that pass out of the Democrat-controlled Senate.

As such, supporters of civil unions will now refocus on taking back a Democratic majority in the House.

Put another way, Thursday's GOP vote equates to kicking a hornet's nest -- a hornet's nest named Tim Gill.

Gill, the gay millionaire who's riches are largely responsible for the Democratic takeover in Colorado over the past decade, will now be spending millions more to defeat Republicans across the state, starting with GOP members of the statehouse.

"It might be a difference of, before, spending $200,000 [on 2012 House races], and now spending $2 million," said Gill's lawyer, Ted Trimpa.

Inexplicably, that final quote of Trimpa's has disappeared from the current version of the FOX 31 story, but the quote can still be found elsewhere.

In 2006, Colorado voters rejected civil unions by a strong margin: 53-47%. (At the same time, Coloradans voted for an amendment defining marriage as "a union of one man and one woman" by an even wider margin of 55-45%).

Last week, the Colorado House Judiciary narrowly defeated a SSU bill on straight party lines, after it was passed by the Democrat-controlled Senate.

This decision comes as a bitter defeat to gay mega-millionaire Tim Gill, who has been pouring millions upon millions of dollars into Colorado for a decade to elect pro-SSM politicians (including $5 million in 2006 alone).

In an op-ed published by Gill in the Denver Post after last week's defeat, he concluded by suggesting that he would work further to "change the legislature" if it did not change course on his issues.

Gill, whose net worth is somewhere in well north of $400 million, is a founding member of the famous "gang of four" - mega-millionaires who put Democrats in office in the CO Legislature (flipping control of the Senate in the process) and the Governor’s office. So his threat has teeth to it.

Ted Trimpa (Gill's top lawyer) has been frank with the press about what the Gill strategy means in practice:

Called “Colorado’s answer to Karl Rove” by The Atlantic magazine, Trimpa believes that to win, you must project strength. “You have to create an environment of fear and respect,” he told the Bay Area Reporter. “The only way to do that is to get aggressive and go out and actually beat them up [politically]. Sitting there crying and whining about being victims isn’t going to get us equality. What is going to get us equality is fighting for it.”

Here's the take away: politicians who voted against this SSU bill knew the risk, because the Gill political machine is so well known in Colorado.

CitizenLink, a Focus on the Family Affiliate, meanwhile notes the difficulty of communicating their pro-family viewpoint in the media.

So, on the one hand, politicians were bearing the force of the Gill political machine, and on the other hand, had reason to suspect that their position might not be accurately reflected to their constituents through the traditional mainstream media.

This means the politicians who eventually voted against the bill did so because of their conscience and because they knew it reflected the will of the people of Colorado:

[Rep]. Delgrosso, who told reporters he couldn't sleep last night, based his vote on the last time Colorado voters weighed in in 2006, when Referendum I, a proposal to recognize gay marriage, was defeated.

"A lot of the folks four-and-a-half years ago said no, they didn't support that, and I just didn't feel it was right for me as a legislator to go against what the will of the people was just four-and-a-half years ago," Delgrosso said. (KWGN)

But what remains to be seen is whether or not politicians who conscientiously reflect the views of Colorado voters on marriage will be able to continue representing those views in office, if Tim Gill and his mega-millionaire friends have anything to say about it.

Top photo: Bob Roehr

*Updated* In RI, a move for Reciprocal Benefits instead?

More evidence from the April 5th Boston Globe that the Rhode Island legislature isn't willing to redefine marriage.

Instead, the new idea is a version of civil unions that would provide many practical benefits for couples not eligible for marriage:

Rhode Island lawmakers will consider a proposal to allow gay couples and others who can't legally marry to enter into an agreement providing many of the benefits of marriage.The House Committee on Judiciary will review legislation Tuesday that would extend benefits and rights associated with insurance, health care decisions, inheritance and property ownership to so-called "reciprocal beneficiaries."

The legal relationships would be restricted to anyone older than 18 who cannot legally marry their partner. That includes same-sex couples as well as relatives, such as unmarried siblings who want the right to make medical decisions for each other.

Committees in the House and Senate have held hearings on legislation allowing gay marriage, but neither chamber has scheduled a vote on the bill. The reciprocal beneficiary bill is one of several proposed alternatives.

In CA, a second Prop 8 instead?

More evidence that Prop 8 will win-out in court - SSM activists are searching for a fall back option:

Equality California, the major gay rights organization, is looking into whether or not it will push for a pro-gay marriage ballot measure sometime very soon, probably 2012.

"Legal experts advise that the case might not be resolved for several years -- and there is no guarantee how the courts will ultimately rule, despite the amazing work of the lawyers leading this effort," writes EQCA InterimExecutive Director Jim Carroll.

A federal lawsuit seeking to overturn Proposition 8 is working its way through the appeals process.

Sherif Gergis in National Review on "Real Marriage"

Sherif Gergis is the co-author of the flagship article "What is Marriage?" (which has become one of the most-read articles of all-time on SSRN).

In the most recent print issue of National Review, Gergis responds to Jason Steort's claims (in his article "Two Views of Marriage"):

[Steort's] counterargument is false in almost every dimension. Steorts builds a faulty theory of marital love on a confused account of the human person. He construes marriage as “maximal experiential union” — a goal that, to the extent that it is intelligible at all, would put undue strain on spouses, obscure the value of norms specific to marriage (like permanence and exclusivity), and bulldoze the topography of non-marital relationships. It would thus tend to undermine the marriage culture, and with it the welfare of spouses and children. But it would also affect the unmarried, by obscuring the special value and social prestige of other forms of intimacy. Steorts’s view, imbued with sentimentalism, is in fact less humane than the view it would displace.

Steorts wrote his argument with enough acuity to flag certain common philosophical errors, but not enough care to avoid them — with the remarkable result that its early sections contain, in plain language, rebuttals to the rest. But it is worth rehearsing its problems here and showing how the conjugal view of marriage avoids them. The reason is simple: For all its problems, Steorts’s argument captures and condenses the nebulous ideas behind today’s movement to redefine civil marriage, yesterday’s push for no-fault divorce, and other corrosive trends. Answering it convincingly will hasten the day when the invitation to join Riddell and Partilla’s jump into emotivism is seen for what it is — a call to cultural suicide. [Continue Reading]

Proponents of polygamy say gay marriage led the way

From the Canadian Chronicle Herald:

[Opponents of Polygamy] "When that [2004 Constitutional] decision was made, that decision to limit it (marriage) to two is consistent with the charter, that’s the direct quote from the court."

Challengers of the law argue just the opposite, suggesting the same legal rights that paved the way for gay marriage should pave the way for polygamists.