NOM BLOG

UPDATE: Missing Delegates STALL MD Vote--Where Have They Gone?

House leaders were pushing hard to get a vote in Maryland, fearful that if they wait any longer the rumble from the black churches will kill same-sex marriage in Maryland. But WaPo is reporting that plans to vote today in committee have been stalled when two delegates went missing:

[UPDATE: According to the AP, one of the missing delegates has turned up:

"At least one Maryland lawmaker said she held up a bill Tuesday to legalize gay marriage in order to gain support for her own legislation, including funding for Baltimore schools."]

ORIGINAL STORY:

Maryland's same-sex marriage legislation hit an unexpected roadblock Tuesday morning when two delegates who had expressed support for the bill failed to show up for a committee vote.

Colleagues frantically tried to locate Del. Tiffany T. Alston (D-Prince George's, right) and Del. Jill Carter (D-Baltimore, left) for about half an hour before calling off a scheduled vote in the House Judiciary Committee. Both Alston and Carter are co-sponsors of the House version of the bill.

"It simply means the soup's not ready yet," said Don H. Dwyer Jr. (R-Anne Arundel), a staunch opponent of the bill, suggesting supporters were short of votes.

Liberal Law Prof: Obama is Wrong on DOMA

Adam Winkler, a profess or law at UCLA writes in the HuffPo:

The administration decided not to defend DOMA on the basis of a controversial reading of the Constitution. Attorney General Eric Holder's letter to John Boehner, in which the announcement was made, stated that discrimination against gays must meet what the courts call "heightened scrutiny." That means that any law singling out gays must have unusually strong justification.

If only that were the case. Twice the Supreme Court has been asked to hold that discrimination against gay people warrants heightened scrutiny. And twice the Supreme Court has rejected that argument. Instead, the Court has suggested that discrimination against gays only needed to meet a lower standard of rationality. The lower courts asked to rule on the constitutionality of DOMA so far have consistently agreed that heightened review is not appropriate.

In my view, the Supreme Court was wrong to reject heightened scrutiny for sexual orientation discrimination. Nevertheless, that's the law of the land and, for better or worse, it's the Supreme Court, not the president, who gets to make that decision.

African-American Reaction to Obama's DOMA Dereliction

The Washington Post is optimistic, natch, that no black voters will care about this. But some interesting reporting is buried inside:

"Anthony Evans, a minister who heads the National Black Church Initiative, had a strong negative reaction to the announcement that Obama no longer believes the Defense of Marriage Act, called DOMA, is constitutional. After Obama told Attorney General Eric Holder to stop defending it, the minister put out a statement condemning the decision.

"The president has harmed himself on this issue," he said. "He has openly offended the black church, and he didn't need to do it." But Evans plans to continue to support Obama on other issues, such as preventing a rollback of health care reform." (source)

Reaction to Johns v. Derby Foster Care Ruling: LifeSite News

Here is a portion of the ruling they thought noteworthy:

In their ruling, the judges stated, “That there is a tension between the equality provisions concerning religious discrimination and those concerning sexual orientation. Yet, as regards fostering, the equality provisions concerning sexual orientation should take precedence.”

“A local authority can require positive attitudes to be demonstrated towards homosexuality,” they wrote. (source)

Constitutional Scholar Matthew Franck on DOMA and Constitutional Responsibility

Matthew Franck teaches in the Political Science department at Radford University, and is also the author of two books on the Supreme Court:

Hopeful advocates of same-sex marriage should be disappointed in the president’s political cowardice. Opponents should be disgusted with his partisan legal tactics, but take heart from the fact that Mr. Obama is reduced to the expedient of such maneuvers. With popular majorities in three-fifths of the states having rejected same-sex marriage, and nothing but defeat at the polls awaiting any president who comes out squarely for it, this president is desperate to satisfy his liberal base on this issue at the least risk to himself. “Let the judges take the heat” is the motto of the left’s culture warriors. After all, for two generations the Supreme Court has been “taking it” over the abortion issue. Surely the justices can “take it” over same-sex marriage as well.

From every angle—political, moral, and constitutional—Mr. Obama’s low cynicism is breathtaking. Perhaps the advocates of same-sex marriage are content with “any means necessary.” But no one, on either side of this issue, should confuse our current president with his great predecessor from Springfield. (source: The Public Discourse)

Video: Winners of the Ruth Institute's Reel Love Challenge Announced!

The Ruth Institute asked young people to make videos that answer the question: "Is lifelong married love possible?"

Today they announced the winners:

Third Place, $1,000 "Serve One Another in Love" by Erik Parks from La Vergne, TN

Second Place, $1,500 "Catching the Vision" by Maria Proctor from Provo, UT

First Place, $2,000 "Carter and Sherrie" by Becca Summers from Highland, UT:

You can view all the winners right here!

More on British Court Decision: Christians "Unfit" to Foster Children

I cannot underestimate how shocking is this decision in the UK (Johns v. Derby City Council, England & Wales High Court, Queen’s Bench Division).

In our sister democracy, a lovely Pentecostal Christian couple were assessed by the local government as unfit to foster kids:

“Mr and Mrs Johns’ views on same sex relationships, which are not in line with the current requirements of the National Standards, and which are not susceptible to change, will need to be considered when panel reaches its conclusion.”

The British court just affirmed that preventing hypothetical discrimination against gay children justifies the blanket exclusion of mainstream Christians from foster care.

More excerpts:

(44) “Some cultural beliefs and practices are simply treated by the law as being beyond the pale.”

(93) “If children, whether they are known to be homosexuals or not, are placed with carers who, in the language used by way of description in Ms Monaghan’s written submissions, evince an antipathy, objection to or disapproval of, homosexuality and same-sex relationships, there may well be a conflict with the local authority’s duty to “safeguard and promote” the “welfare” of looked-after children. There may also be a conflict with the National Minimum Standards for Fostering Services and the Statutory Guidance. Religion, belief and sexual orientation are protected characteristics under the Equality Act 2010: see sections 4, 10 and 12. While as between the protected rights concerning religion and sexual orientation there is no hierarchy of rights, there may, as this case shows, be a tension between equality provisions concerning religious discrimination and those concerning sexual orientation. Where this is so, Standard 7 of the National Minimum Standards for Fostering and the Statutory Guidance indicate that it must be taken into account and in this limited sense the equality provisions concerning sexual orientation should take precedence.”

(102) “How is this to be fitted into the Article 9 right to freedom of religion and to manifest that religion or belief in “practice and observance”? The answer is clear from the authorities to which we have already referred, which indicate that Article 9 only provides a “qualified” right to manifest religious belief and that interferences in the sphere of employment and analogous spheres are readily found to be justified, even where the members of a particular religious group will find it difficult in practice to comply: see Sahin v Turkey (2005) 44 EHRR 99. This will be particularly so where a person in whose care a child is placed wishes to manifest a belief that is inimical to the interests of children: see R (Williamson) v Secretary of State for Education and Employment [2005] UKHL 15, [2005] 2AC 246.”

Mainstream Christian beliefs on sexual ethics are now "inimical to the interests of children."

Welcome to the Brave New World.

Breaking News: Sponsor of SSM Bill in MD Switches Sides, Will Vote "No"

Gay marriage advocates are expressing increasing concern that the vote in the Maryland State House, which was expected to be easy, is in jeopardy.

Case in point? One of the co-sponsors of the bill, Del. Melvin Stukes, just switched sides, saying "I'm very sorry I got on that bill."

You may recall during the senate fight that a single senator switching sides (and condemning his fellow citizens as bigots) produced headlines and was top news on WABC radio.

Here a black Democrat from Baltimore actually withdraws his sponsorship, and a once-"certain" victory now appears uncertain and ... radio silence from the mainstream media.

To find out what is actually happening in this marriage fight you have two choices: read the gay press. Or come to NOM.

Excerpt from the Washington Blade (a leading gay paper):

"But officials with the statewide LGBT advocacy group Equality Maryland expressed concern that an expected vote on the bill in the House of Delegates within the next two weeks appears much closer than originally expected.

Backers said that as of this week, the number of delegates who have publicly declared their support for the bill was just short of the 71 votes needed in the 141-member House.

“There’s an effort to derail this bill like none I’ve seen before,” said gay State Sen. Richard Madaleno (D-Montgomery County), the author and one of the lead sponsors of the marriage equality bill in the Senate.

In a telephone news briefing on Friday, Madaleno said the mainstream media have repeatedly reported an earlier assumption that support for the bill was greater in the House than in the Senate, and approval of the measure in the Senate guaranteed its passage in the House.

With opponents, including the Maryland Catholic Conference and the New Jersey-based National Organization for Marriage, applying enormous pressure on wavering delegates, Madaleno and Equality Maryland officials said support in the House might be in jeopardy.

A warning signal that support in the House could diminish surfaced earlier in the week when Del. Melvin Stukes (D-Baltimore City), a co-sponsor of the marriage bill for the past four years, withdrew his sponsorship.

Stukes told the Baltimore Sun he thought the bill would have given same-sex couples the right to obtain civil unions rather than marriage. Once he realized the measure would allow gays to marry he determined he made a mistake, he told the Sun.

“I’m very sorry that I got on the bill,” he said." (www.washingtonblade.com)

Video: MD lawyer Erika Cole warns MD House Against SSM

Erika E. Cole delivers a powerful testimony at the Maryland State House Committee Hearing against same-sex marriage. Here is her conclusion:

This bill does not resonate with the membership [of Churches I represent]. I've heard someone say that if your congregation or your constituents don't agree with the decision that you make, in other words, if they don't support this bill you should vote for it anyway because that shows leadership. Well I heard someone say that if you're out leading and there's nobody following, you're just taking a walk! So I'm asking you, "don't take a walk on this bill, vote in opposition to House Bill 175."

Some NH Republicans Push Bill to Abolish Marriage Licenses for All

A number of Republicans who said they opposed gay marriage when they ran for office are now trying to back out of voting to repeal SSM by introducing a new bill: H569--which would abolish marriage for everyone!

H569 would eliminate marriage from the law and instead create a new term "domestic union" that would be available to both same-sex and opposite-sex couples. (No word yet on why only two people can do it, or why close relatives can live in "domestic unions" together).

This radical proposal to abolish marriage as a civil status has its roots either in political cowardice or in ignorance:

Back in the 1970s, abolishing marriage was the idea of the loony left, now it's a handful of Republican in New Hampshire who are pushing this radical new agenda?

The government has always been in the marriage business for a good reason: we need to protect children by recognizing and protecting marriage as a legal status.

Imagine what happens when marriage becomes a purely private affair, with the parties themselves privately contracting for only their own personal purposes. Without a clear public marker for who is married, even the adults themselves cannot tell if they are having an out-of-wedlock child. ("Yes baby, we are married in our hearts!") And it will become much harder to tell who is committing adultery, or bigamy for that matter.

The answer to the moral crisis around our public understanding of marriage is not to make the lines around marriage blurrier and less clear, it is to stand up for marriage!

Harvard Prof. Charles Fried on President Obama's DOMA decision

Adam Liptak, the Supreme Court reporter at the NYT, makes a surprisingly good case that Obama's decision is hard to justify, including this quote from former solicitor general in the Reagan administration and Harvard Law professor Charles Fried:

“This is an unbecoming, not to mention totally unconvincing, use of excessive ingenuity in squirming out of an unpleasant duty,” Professor Fried said. (source)

RSC Update: House GOP Working to Defend Marriage

From Jim Jordan, Chairman of the Republican Study Committee:

Spending is not the only fight in Washington, however. Section 3 of the Defense of Marriage Act (DOMA), which was signed into law by President Clinton in 1996, defines marriage as what it has always been.  But after two years of defending the law in court, the Obama administration decided last week that it could not find one reasonable argument for the traditional definition of marriage.  This blatant flip-flop was nothing more than an excuse to abandon this hallowed institution.  Traditional marriage is the cornerstone upon which our society was built.  Congress has both the authority and the duty to step in and ensure that DOMA gets a robust defense against challengers seeking to redefine marriage.

House Whip confirms "House Will Act on DOMA by the End of the Week"

The NYT Caucus blog reports:

With Republicans upset at the Obama administration’s abandonment of the Defense of Marriage Act, Representative Eric Cantor, the Virginia Republican and majority leader, said on Monday that the House would take action by the end of the week to make certain the law is defended against legal challenges.

Mr. Cantor said he agreed with Speaker John A. Boehner that the House should step in and suggested that most members of the House find it disappointing that the White House has decided unilaterally not to defend a duly passed law.

Thank you for all your hard work on this! Please continue to take action here.

6th-ranked GOP criticizes DOMA decision, warns of oversight

The Hill reports:

Rep. Dan Lungren (R-Calif.), the sixth-ranking Republican on the House Judiciary Committee, said the Obama administration's decision to no longer defend the Defense of Marriage Act is a "dereliction of duty," and indicated that congressional oversight may be coming.

"It is beyond disappointment," Lungren said on the House floor Monday. "I believe it is a dereliction of duty. To somehow now find that there is no constitutional basis for defending that law is incredible, and I think regrettable, and I think we ought to look into it."

Video: Newt Gingrich says If Palin Took Obama Actions, There Would Be Calls for Impeachment

Newsmax.TV:

Former House Speaker Newt Gingrich said President Barack Obama’s decision not to fully enforce the Defense of Marriage law eventually could lead to a constitutional crisis, as he has directly violated his constitutional duties by arbitrarily suspending a law: