NOM BLOG

WaPo: Supreme Court continues to dress down 9th Circuit

Robert Barnes:

Sometimes the Supreme Court simply decides cases and sometimes it seems to have something bigger in mind. In the past two weeks, it has been in scold mode, and its target has been the U.S. Court of Appeals for the 9th Circuit.

In five straight cases, the court has rejected the work of the San Francisco-based court without a single affirmative vote from a justice.

… As the most liberal circuit in the land, its work quite often is at odds with an increasingly conservative Supreme Court.

… Kennedy is the only veteran of the 9th Circuit on the Supreme Court and he serves as its designated justice. That Chief Justice John G. Roberts Jr. assigned the decision to Kennedy was another way to send a message, [University of Pittsburgh law professor Arthur D. Hellman, an authority on the federal circuits with a particular interest in the 9th] said.

… No judge more personifies the 9th Circuit's approach than 79-year-old Stephen Reinhardt, widely considered to be the nation's most liberal appeals court judge.

… Hellman said one prediction about the 9th is inevitable: "We'll see more reversals before the term is up, of that you can be sure."

WI Governor Issues National Marriage Week Proclamation

Governor Scott Walker today issued a proclamation for National Marriage Week which encourages citizens, churches, businesses, organizations and community leaders to strengthen marriage. The Wisconsin Family Council has a press release online (PDF) applauding the governor's act.


Pro-SSM bill dies in WY

Bills that would change the definition of marriage and would allow civil unions in Wyoming failed to advance out of a House committee (last) Friday.  - WyomingNews.com

Gronstal risks political future by blocking IA marriage vote

The Associated Press: “Senate Majority Leader Michael Gronstal says he's willing to accept the reality that his decision to block a debate over same-sex marriage could cost him his leadership post or even his seat in the Legislature.”

Pro-marriage votes in 2012

The Daily Times:

A legislator has filed a bill to overturn the New Mexico policy that recognizes same-sex marriages.

[Rep. David] Chavez also has proposed a state constitutional amendment that would put the question of same-sex marriage before New Mexico voters in the 2012 general election.

“Nobody Gets Married Any More, Mister”

Gerry Garibaldi talks about how a failing marriage culture is partly to blame for our failing schools:

Here’s my prediction: the money, the reforms, the gleaming porcelain, the hopeful rhetoric about saving our children—all of it will have a limited impact, at best, on most city schoolchildren. Urban teachers face an intractable problem, one that we cannot spend or even teach our way out of: teen pregnancy. This year, all of my favorite girls are pregnant, four in all, future unwed mothers every one. There will be no innovation in this quarter, no race to the top. Personal moral accountability is the electrified rail that no politician wants to touch. [Continue reading]

Cheating on Monogamy

This week I witnessed something fascinating occur. Scores of websites and blogs seized upon a report published in the Journal of Sex Research, which claimed almost a third of partners who said they were monogamous, had in fact slept with someone outside of the relationship. This was not a claim about marriage, and it only referred to heterosexual couples where marriage was largely not in the mix, this was about attitudes about monogamy among college students.

On the Feminist website Jezebel the headline was “Everyone is Cheating on Everyone.” On the Daily Dish blog, the headline read “The Illusion of Heterosexual Monogamy.” On the website Nerve, I saw them post it as “Study: Your Partner is Likely Sleeping with Someone Else.”

The problem, as it turned out, was the actual study made no such universal claims.

Dr. Pisaster writes at Pajiba:

“I’ve gotten used to seeing summaries of sex research on popular news sites and blogs that grossly misrepresent the results of the studies in question, but this one is probably the most appalling I’ve seen yet.

“… You see, this was not some survey of typical college students, as most of the studies I report on here are. The researchers were actually trying to study HIV prevention strategies among heterosexual couples, and so they specifically chose couples for who they deemed to be ‘at risk,’ for HIV transmission…In other words, the researchers selected people whose relationships were likely to be on shaky ground with respect to monogamy to begin with.

“… The problem is that websites are picking up on and spreading the results while completely ignoring the context.”

The doctor doesn't stop there:

“Sex news is always good for page views and it takes way less effort to chew up and spit out someone else’s summary than it does to dig up the original work, but it’s irresponsible to spread information without checking the source. Of all the articles about this research that I’ve seen, not one has presented the data fully and honestly. Instead they’ve all parroted the sensational notion that most young people are cheaters. The researchers themselves note that the participants of this study are not a representative population, not even a representative population of young people. And yet every news organization and blog that’s picked it up has treated the study as if it must apply universally.”

I think Dr. Pisaster, as thorough as he is in noting the sensationalist reasons that some bloggers picked up on this (false) claim, misses a second reason why many people were eager to spread it around: they don’t actually believe in monogamy.

I can understand that in our culture people can be prone to be pessimistic about monogamy (I fear that many people are against monogamy precisely because they have been hurt by partners who did not practice monogamy with them).

But even if people sometimes fail to be monogamous, and fail to be wholly committed to their relationship, that does not mean monogamy is not a very good thing - an ideal we should all challenge ourselves to live up to. Jenny Hope, citing multiple studies, writes in the UK Daily Mail that “the longer a marriage lasts the more the rewards [i.e., mental and physical wellbeing] accumulate – the only catch being that the relationship has to be loving and supportive.”

Jenny continues:

“Marriage cheers you up, improves your diet and helps you live longer, researchers say.
It brings better mental and physical health, reducing the chance of premature death by 15 per cent, according to major studies in seven European countries.

“Marriage and other forms of partnership can be placed along a sliding scale of commitment, with greater commitment conferring greater benefit,’ he added.

“‘That marriage generally indicates a deeper commitment might explain why marriage is associated with better mental health outcomes than cohabiting. Cohabiting relationships tend to be less enduring.’”

Monogamy is essential to the high-level type of commitment these studies show results in the best human flourishing, so it is not surprising that monogamy is essential to marriage. After all, what is more loving than to commit oneself to being totally faithful and open to one person, for life? That’s marriage.

So let’s not be so fast to proclaim the “end of monogamy”, because the end of monogamy represents the end of people’s best chance to enjoy the relationships that most fulfill them.

Dr. J to all Millennials: “Be part of the marriage solution!”

An open letter to emerging adults, worldwide, from the redoubtable Dr. J:

My dear young friends,

I know from many conversations with you that you want to get married and stay married. I know that many of you have fears about love and marriage, because of your own experiences of loss and pain resulting from their parents’ divorces, infidelities and other problems. I know that for many of you, these fears are overwhelming, even paralyzing.

I founded the Ruth Institute to help young adults get past the fears, anxieties and misinformation, and embrace the challenge of lifelong married love. We hope to begin a conversation with young adults, a conversation across the generations and within the Millennial generation.

… If the marriage culture is going to be restored, you, the next generation of emerging young adults will be the ones to do it. We baby boomers have had our chance. Now it is your turn.

Continue reading here.

Mike Gronstal, Are You Kidding Us?

Mike Gronstal, the Democratic Majority Leader in the Iowa Senate is practically throwing his body in front of the door to the voting booth, promising to block a state marriage amendment no matter how many Iowans want it. And yet today he had the chutzpah to accuse Republicans of "[stopping] at nothing to take away the constitutional rights of Iowans"?

Mike, the constitution of Iowa gives the people the right to change their constitution--by a vote of both houses in the Iowa legislature two years running. Right now you are the one man taking away the right of Iowans to vote for marriage.

Photo: OneNewsNow

Tony Perkins on the State of our Unions

Tony Perkins of the Family Research Council with an important reflection tied to this week’s State of the Union address:

As we use this time to consider our country’s future, we must also recognize that the state of our Union is directly connected to the state of our unions. Where do the pre-governmental institutions of marriage and family, church and synagogue, the building-blocks of any healthy society, stand today.

… Churches and religious institutions have to step up and provide not only the guidance but the active, compassionate intervention families and children need. And, of course, state governments and educational institutions that serve, rather than fragment, family values are essential. Our places of worship were once seen as the center of any community. To churches, which are already doing so much, I say we need to do more to remind people of what is important in life. Most people understand something very basic: Families — families with both a mother and a father — are at the core of a flourishing culture. It is part of what the Bible calls “the law written on the heart.”

For the Union to be strong, so must our unions.

The Ruth Institute's Weekly Newsletter

The 'Reel' Love Challenge Deadline is February 1st!

Forward this newsletter to everyone you know ages 18-30 for their chance to win $2,000 and other prizes. Can't enter yourself? You can still vote on the submitted entries! There are quite a few good ones up there you won't want to miss!

Be part of the solution to the marriage problem

Editor’s note: This is an adaption of Dr. J’s An open letter to emerging adults, worldwide, from Dr. Jennifer Roback Morse and the Ruth Institute, originally published on Mercator Net, an Australian- based webzine that serves the entire English-speaking world. You can read that full article here.

My dear young friends,

We at the Ruth Institute created the Reel Love Challenge to inspire a conversation about lifelong married love among you, the next generation of young adults. I know from many conversations that you want to get married and stay married. Many of you have doubts about love and marriage because of your own experiences of loss and pain resulting from your parents’ divorces, infidelities and other problems.

I founded the Ruth Institute to help young adults get past the fears, anxieties and misinformation, and embrace the challenge of lifelong married love.

My generation, the Baby Boomer generation, has made marriage what it is today. We are the generation that institutionalized the sexual revolution. We created a world where 25% of conceptions end in abortion, 40% of children born are to unmarried parents and 50% of first marriages end in divorce.

If the marriage culture is going to be restored, you, the next generation of emerging young adults will be the ones to do it. We Baby Boomers have had our chance. Now it is your turn.

That is why the Ruth Institute conceived of the Reel Love Video Challenge. We wanted to challenge you to begin thinking seriously about your hopes and dreams for marriage.

This is your chance to express your thoughts about these questions: “What makes lifelong love possible? Why is it worth doing?” You can interview someone, or talk to the camera yourself, or illustrate with a photo montage. The videos can be professional looking, or just done with a cell phone camera. We are more interested in content, thought, and ideas, than Hollywood production quality.

The Reel Love Challenge is open to young adults ages 18-30. You can get all the details here. The deadline for submissions is next week, February 1, 2011.

No more messing around. No more excuses. No more waiting for the government and the politicians to “do something.” It is time to get serious. It’s time to stop complaining about the sad state of marriage and start doing something about it. Are you willing to take the Reel Love Challenge?

According to a recent report, “By the time they have reached ages 15 to 17, 55% of teens have parents who have rejected each other, either through non-marriage or separation/divorce." Young adults: this report is talking about you! The question for you is: are you going to do something to break this cycle for your own children?

The Reel Love Video Challenge is just the beginning of the Ruth Institute’s effort to stimulate dialogue among the next generation about lifelong married love. Stay tuned for more opportunities to make a difference for marriage!

Breaking News: France's Highest Court Rejects Right to SSM [updated]

The highest court in France re-affirmed today that marriage is the union of husband and wife for a reason: it respects the 'double origin' of the child. Justice Anthony Kennedy, who is influenced by international opinion, may be impressed. Read Reuters News for the rest.

UPDATE: Here is the link to the French Court's decision and here is the same page in a rough English translation: "RESOLVED: Article 1. The last paragraph of Article 75 and Article 144 of the Civil Code are in accordance with the Constitution."

NOM Weekly Newsletter: January 27, 2011

Breaking news from Hollywood: The Kids Are All Right has just been nominated for four Oscars, including Best Picture! Big surprise.

The movie in case you haven't heard, is about two lesbian moms raising a daughter and a son; the son misses having a Dad and goes out in search of their biological father. Hey, comedy ensues!

I haven't actually seen the film, but it's pretty clear from this amusing plot summary (by British Jesuits!) why Hollywood is entranced with fantasy about two moms raising two kids together:

Bart needs a father figure, but isn't satisfied by the John Travolta clone who donated his sperm. Lisa loves his easy charm. Professional Mom is already on the way to alcoholism, leaving Slacker Mom open to a frantic seduction. Luckily, Slacker Mom cries in front of the family, and a sentence from Bart is enough to heal the wounds of adultery and mistrust.

The film goes out of its way to stress how 'normal' this nuclear family is. Professional Mom brings her work stress home. Bart and Lisa have teenage tantrums and resist their parents. Every character is a stereotype, and the moral dilemma--how to cope with the intrusion of a biological parent--is dealt with easily, as soon as he reveals himself as an immature philanderer.

The other moral drama of The Kids Are All Right is the adultery between Slacker Mom and Biological Father. Quite why this couple pair up is never made clear--perhaps Slacker Mom is responding to some atavistic impulse, or maybe Biological Father just oozes sexual pheromones. If the reason behind their tryst is obscure, the resolution--Professional Mom shouts at everyone--is equally unsophisticated. There is a moment where Biological Father has a revelation about his low-down ways, only this is squandered for a more melodramatic revelation of the adultery.

The unimaginative handling of the drama is matched by a predictable form. The children begin to bond with Biological Father: you need a montage. Slacker Mom makes her apology: ensure that it is moving by cutting to crying family members. The question of the son's need for a male role-model: have him caning drugs and hanging about with a skate-boarding jock stereotype. Ironically, the representation of males in the film is so two-dimensional, it becomes offensive.

...[R]ather than interrogating the problems arising from the situation, the finale falls back on 'love conquers all', without resolving the various tensions. Biological father is simply excluded, the son's needs are unanswered, and the daughter goes off to university, doubtless to academic success.

It's a typical Hollywood fantasy.

Meanwhile, back in the real world, the kids are not doing that well.

"What's the matter with kids today? A great deal more than you might realize," begins a USA Today editorial, "One-third are overweight or obese. Nearly a third drop out or can't finish high school in four years. All told, 75% are in such a poor state that they are ineligible for military service for reasons ranging from health to drugs to criminal records to lack of education. Last month came bad news about the rest: 23% of those who try to enlist fail the basic entrance exam."

And as USA Today, to its credit, points out, a lot of that is due to the decline of marriage as a child-rearing institution. Quick, what's the proportion of children born outside of marriage?

Answer: a record-high 41 percent.

As USA Today concludes, "Our view on kids: When unwed births hit 41%, it's just not right."

What happens when mother and fathers do not marry?

A major study following 5,000 such children uncovered that the majority of these mothers are adults, not teens. They had close relationships with the father of their child when that child was conceived. But as USA Today points out, "But by the time the child was 5, most of the fathers were gone and the child had little contact with him. As many of the mothers went on to new relationships, the children were hampered by repeated transitions that did more harm to their development."

Why does marriage matter? Why isn't love enough?

Well, back in the real world, when Mom and Dad are not married, they don't live in the same home, their economic interests differ, and their jobs take them to different places, they develop sexual and romantic ties to third parties; and conflicts (not comedy) ensue. They have children with different partners, inside or outside of marriage. Family ties becomes complicated to understand, much less explain. Children learn that fathers are not reliable, that mothers are stressed out and in need of more love than a child can give, that families are not bedrocks of identity but in constant flux--and that there are few rules that really count. Many, many single moms struggle--and succeed!--to be good mothers, and some fathers sacrifice a lot to try to stay close to their children when they are not married. I am a child of divorce; I know that.

But I also know this: Without a powerful commitment to marriage, the job of parents becomes immeasurably harder, the number who succeed becomes smaller, and the children grow up in a world where the prospects for reliable love look bleaker and bleaker. Many suffer, and some are permanently damaged.

Children are profoundly grateful for whomever loves them; but they long for the love of both their mother and father. They want to know they were conceived in love, and that they can count on that love. They want to know what a man's love, and a woman's love, feels like.

When men and women cannot truly commit to each other in marriage, and when society as a whole cannot uphold that commitment as uniquely necessary, children suffer.

Marriage is two different things in our culture today: It is a symbol of ultimate romantic satisfaction; and it is a vow.

The first "expresses," the second obligates.

The first is inherently unstable and shifting: an aspiration never a fact. The second is what makes true love possible.

Here's the message I take away: When you sacrifice duty for love, you tend to end up with neither. Our obligations to love are what make lasting love possible in real, actual lived human lives.

Advocates of gay marriage would say that's no business of theirs; making babies is what opposite-sex unions do. But that mindset is part of retreat from viewing marriage as an authoritative social institution capable of affecting not just the emotions but the sex lives and the financial lives of men and women.

And so a man, about to enter a gay marriage, pauses on the brink when asked to write his own vows: What does marriage mean to him?

"I realized that while I have written numerous political articles about why same-sex couples should be allowed to marry, I had never thought through what exactly it meant on a personal level."

He concludes: "Ultimately, I'm still not sure what marriage 'means,' but Michael and I can make it up as we go along."

He says he doesn't know what he is promising exactly, but that's okay.

Transforming marriage into a personal, expressive commitment to happy love, however the two parties define it, is not elevating marriage; it's demoting it.

When social scientists look back on our era, I'm confident they will begin to trace the connections that have lead to a massive decline in child well-being.

Marriage as a Hollywood fantasy, as the expressive symbol of all possible human aspiration for the satisfactions of love, ecstasy and romance, is flourishing. Marriage as an authoritative public institution, a public (not just a private) vow, capable of indicating to people (both those who are married and those who are not!) who they ought to have sex with, and whom they should not, with whom they should have children, and with whom they should not, is under powerful attack.

And not just from Hollywood!

Here's the latest from Washington D.C. Pres. Obama's Department of Justice has filed a brief pretending to ask the federal courts to uphold the Defense of Marriage Act. But in reality, this brief guts marriage of its core public meaning.

Pres. Obama has purposefully gutted marriage of its authoritative role in protecting children and reduced it to a "tradition" with no deep roots in any human reason.

How?

When the House passed DOMA back in 1996 by overwhelming bipartisan majorities, they knew this law would come under judicial scrutiny; the attempt to push gay marriage through state courts was the reason the law was passed.

And so the House, with unusual thoughtfulness, laid out its reasons for passing this bill, for the purpose of clarifying to the courts the reasons for defining marriage as one man and one woman.

The very first reason is: "H.R. 3396 ADVANCES THE GOVERNMENT'S INTEREST IN DEFENDING AND NURTURING THE INSTITUTION OF TRADITIONAL, HETEROSEXUAL MARRIAGE," about which the report goes on to say: "At bottom, civil society has an interest in maintaining and protecting the institution of heterosexual marriage because it has a deep and abiding interest in encouraging responsible procreation and child-rearing. Simply put, government has an interest in marriage because it has an interest in children. ... That, then, is why we have marriage laws. Were it not for the possibility of begetting children inherent in heterosexual unions, society would have no particular interest in encouraging citizens to come together in a committed relationship. But because America, like nearly every known human society, is concerned about its children, our government has a special obligation to ensure that we preserve and protect the institution of marriage."

In his DOJ brief Pres. Obama has taken a great black pen and scratched out that reason for marriage. In our press release, I called that exercising a "retroactive line-item veto" that seriously distorts Congress's intent and makes it far easier for the Supreme Court to strike down DOMA.

The devastating legal effect of this dereliction of duty is already visible. Just this week, in yet another DOMA case out of California percolating through the federal courts, the judge, in refusing to dismiss the claim, noted: "Federal Defendants disavow the governmental interests identified by Congress in passing the DOMA, and instead assert a post-hoc argument that the DOMA advances a legitimate governmental interest in preserving the status quo of the states' definitions of marriage at the time the law was passed in 1996."

(For more on the difficulty of sustaining authoritative traditions in the modern age, see "Tradition in the Age of Equality" by James Poulos.)

This is one reason why I am confident that the work you and I are doing with NOM is so important. As our own Dr. Jennifer Roback Morse said in her essay in the Public Discourse, we are "marching on the right side of history" in standing up for marriage as the union of husband and wife:

Advocates of redefining marriage assure us that all will be well. Children will do fine, whatever the loving adults in their lives decide to do. ...As time goes on, it will become more obvious that "marriage equality" requires us, men, women and children alike, to ignore biology. ...

Children with father-hunger will start to speak up. Young people will start to notice that some of the differences between men and women actually matter. Mothers in same sex unions will start to notice that raising sons without fathers is harder than they had been led to believe. Suppressing all these feelings in all these people will simply not be possible indefinitely. Not everyone will remain silent. Abortion advocates never anticipated the Silent No More campaign, wherein women suffering the after-effects of their abortions began to speak up. As time marches on, the brutality of the marriage "equality" regime will become just as obvious as the brutality of the abortion regime is today.

The children themselves will eventually have something to say about all this. Today, the energy and enthusiasm of the young is on the side of life. And in spite of everything we hear today, the same will be true of natural marriage. Conjugal marriage is the Right Side of History.

Yes, we are on the right side of history! Thank you for all you make possible.

But Jenny's words are also a reminder that the work we do here at NOM is only one part of the story, and the smaller part. The work of making love visible, of making marriage real, of raising children capable of duty yet inspired by love, to be men and women "made for each other" is our greatest task. Our counterrevolution begins in the home.

Wow. This is kind of philosophical for a movement newsletter, isn't it?

But from my heart to yours, thank you for sticking with me, and--more importantly--for being willing to stand up for the great truths about marriage.

God bless you and semper fi!

Gay-marriage advocates are pushing hard in multiple states, stretching our resources in the next few months. We are fighting for marriage in states across the country, including Rhode Island, New York, Maryland, Minnesota, Iowa, and elsewhere, as well as defending DOMA nationally. Can you become a monthly donor today to give us the resources we can count on to plan? Just $5 every month would make a huge difference. Or, if you aren't in a position to make that kind of monthly pledge, a one time donation of $10 or more will help us stand--with you--for God's truth about marriage.

Kaufman asks, is Marriage the Right Battle for Gay Families?

David Kaufman raises the question at The Root, prompted by his concern that those directing the gay-rights agenda are affluent elites:

The dichotomy between the LGBT volk and the LGBT establishment damages the entire movement by alienating the community's hardest-working change agents while excluding them from the kinds of resources that would truly help gay families prosper.

And those resources are certainly vast. Indeed, on the same day the Times reported on the struggles of actual gay families, [American Foundation for Equal Rights] held a Beverly Hills, Calif., fundraiser to pay the lawyers fighting to overturn Proposition 8, which made same-sex marriage illegal in California. Featuring a concert by Elton John, the event, for which each attendee paid at least $1,000, and some far more, raised $3 million -- money that will help make already wealthy lawyers even wealthier at a time when many gay families have never been poorer.

Earlier Kaufman writes:

While same-sex marriage would certainly benefit these [less affluent] families, so, too, would shorter-term -- perhaps interim -- initiatives such as civil unions and domestic-partnership laws. Yet in focusing its civil rights struggle solely around marriage, the mainstream LGBT political agenda has rendered poorer, darker, less-urban gay families virtually invisible.

Judge denies divorce to same-sex Nebraska City couple

From Nebraska City News-Press:

District Judge Randall Rehmeier Tuesday denied a divorce to a same-sex Nebraska City couple that was married in 2003 in Vermont.

The judge said the Nebraska Constitution provides that “only marriage between a man and a woman shall be valid or recognized in Nebraska.”

He said since the state does not recognize the marriage, he does not have jurisdiction to dissolve it. He said courts in Pennsylvania, Connecticut, Texas and Rhode Island have come to the same conclusion.