National Organization for Marriage

Right Sees 2016 as Chance to Take Over Supreme Court, Reverse Marriage Equality

Right-wing leaders have spent the past month denouncing as illegitimate and tyrannical the Supreme Court’s June 26 decision that declared state laws banning same-sex couples from getting married to be unconstitutional. In addition to waging a campaign of resistance to the ruling, right-wing activists are looking toward the 2016 presidential elections as a chance to pack the Court with far-right justices who will overturn the decision.

Journalist Paul Waldman argued recently that 2016 will be a Supreme Court election because right-wing voters will be motivated by anger over their losses on marriage and health care, even though “the Roberts Court has given conservatives an enormous amount to be happy about” – gutting the Voting Rights Act and giving corporations and zillionaires the right to spend as much as they want to influence elections, and much more.

Waldman says even though the Court’s conservative are likely to do more damage to workers’ rights and women’s access to health care during the next term, “All that is unlikely to banish the memory of the last couple of weeks from Republicans' minds, and you can bet that the GOP presidential candidates are going to have to promise primary voters that they'll deliver more Supreme Court justices like Alito, and fewer like Anthony Kennedy or even Roberts.”

Indeed, presidential candidates have been making such promises.

  • Jeb Bush told right-wing radio host Hugh Hewitt that he would focus on “people to be Supreme Court justices who have a proven record of judicial restraint.”
  • Donald Trump denounced Jeb Bush for having supported the nomination of Chief Justice John Roberts, even though Roberts has presided over the most corporate-friendly Court in modern history and vigorously dissented from the marriage equality ruling. A Trump advisory said Supreme Court appointments were among the “many failings of both the Bush presidencies.”
  • Ted Cruz has vowed to make the Supreme Court “front and center” in his presidential campaign; he called the Court’s rulings on marriage equality and the Affordable Care Act among the “darkest 24 hours in our nation’s history” and is calling for constitutional amendments to limit Court terms and require justices to face retention elections.
  • Marco Rubio: “The next president of the United States must nominate Supreme Court justices that believe in the original intent of the Constitution and apply that. We need more Scalias and less Sotomayors.”
  • Rick Perry: Former Texas Gov. Rick Perry said he is disappointed with the ruling and pledged to "appoint strict Constitutional conservatives who will apply the law as written."
  • Chris Christie: “If the Christie-type justices had been on that court in the majority, we would have won those cases in the Supreme Court rather than lost them.”
  • Bobby Jindal: "So it's not enough just to get a Republican in the White House, we need to have a Republican that will appoint justices that actually read the Constitution. [Justice Antonin] Scalia said it best on the Obamacare case. He said 'look, this means that words no longer have meanings. This means we've got a court where they don't read the Constitution, they don't read a dictionary.'…"It's time to get some justices that will stop being politicians, stop obeying the public opinion polls, and actually read and obey the Constitution."
  • Mike Huckabee, who has made an attack on “judicial supremacy” the centerpiece of his presidential campaign, said. “I guarantee you in a Huckabee administration there will be very different kind of people appointed to the court.”
  • Scott Walker denounced the Court’s decision on marriage, saying “The states are the proper place for these decisions to be made, and as we have seen repeatedly over the last few days, we will need a conservative president who will appoint men and women to the Court who will faithfully interpret the Constitution and laws of our land without injecting their own political agendas.

Candidates are responding to the demands of right-wing leaders and organizations, who see the 2016 election as a chance to cement right-wing control of the Supreme Court for a generation.

The National Organization for Marriage says that the definition of marriage should be a “pivotal issue” in 2016, and called on Americans to elect a president who will appoint "new justices to the Supreme Court who will have the opportunity to reverse" the decision to legalize same-sex marriage nationwide.

At a Heritage Foundation panel discussion on the Court’s marriage ruling, Carrie Severino of the right-wing Judicial Crisis Network, declared, “The next president will likely have one, two, maybe three Supreme Court nominations,” adding that the Court’s Obergefell ruling “is not the final decision in this series….”

She also looked ahead to the elections and the “generational impact” of future Supreme Court justices:

“I think it’s important to have judges on the court that are going to be faithfully interpreting the Constitution, and therefore to make sure that there’s a president in place, and senators in place, who recognize the overarching importance of this issue….

Ryan Anderson of the Heritage Foundation said that Justice Kennedy’s majority opinion in Obergefell cited “new insights” into marriage and that a Court with more right-wing justices could use their own “new insights” to overturn the marriage equality decision. He urged the anti-marriage-equality movement to conduct new research into gay parenting (citing the widely discredited Mark Regnerus study on “family structures) to give future right-wing justices some justification for overturning the recent ruling. 

“I could see a situation in which the Court has a different composition, as Carrie mentioned, chances are the next president will have up to four seats to fill. At Inauguration Day three of the justices will be in their 80s and one of them will be 78. So there’s a chance that there will be a different composition of the Court. And if there are new insights into marriage, and new insights into the rights of children, that could be a possibility for the Court to reconsider.

Also weighing in, the notorious Frank Schubert, architect of the anti-equality movement’s anti-gay messaging strategy:

The court’s decision will also powerfully inject marriage into the 2016 presidential contest. The most direct course to reverse this ruling lies in the next president appointing new justices to the Supreme Court. Social conservatives will do everything possible to ensure that the Republican nominee is a strong pro-marriage champion, making this a litmus test throughout the GOP primaries and caucuses.

Paul Waldman says that, believe it or not, John F. Kennedy was the last Democratic president who had the chance to nominate a replacement for a conservative Supreme Court justice. Given the age of the justices, he says, “it would be strange if at least one or two didn't retire in the next president's term (the last three presidents each appointed two justices).”

If the next president gets that chance, no matter which party he or she comes from, it will profoundly affect the court's direction. If a Republican could appoint someone to replace Ginsburg or Breyer, it would mean a 6-3 conservative majority, which means that Kennedy would no longer be the swing vote and there would be a margin for error in every case. If a Democratic president were to replace Scalia or Kennedy, then the court would go from 5-4 in favor of the conservatives to 5-4 in favor of the liberals.

Those two outcomes would produce two radically different Supreme Courts, with implications that would shape American life for decades.

If progressives want to see a Court that vigorously protects the right to vote, that does not regularly bend the law in order to give more power to the already-powerful, that recognizes that the “equal” in “Equal Protection” means what it says, that does not regard the separation of church and state as some jurisprudential mistake, and that understands that Americans have a right to limit the corrosive influence of money on our elections, then they should make the Court an overriding issue for progressives in the 2016 elections.  Those who see a very different role for the Supreme Court, and wish for a very different America, have already made the connection.

 

PFAW

What Are Anti Marriage Equality Forces Really Demanding?

This article originally appeared on TowleRoad.

Political and religious leaders opposed to marriage equality have been ramping up the intensity of their rhetoric in the weeks leading up to the Supreme Court’s imminent decision on the constitutionality of state laws banning same-sex couples from getting legally married. Some have warned of revolutionand civil war if the Supreme Court recognizes that there is no gay exception to the Constitution’s guarantee of fair and equal treatment under the law.

Political and religious leaders opposed to marriage equality have been ramping up the intensity of their rhetoric in the weeks leading up to the Supreme Court’s imminent decision on the constitutionality of state laws banning same-sex couples from getting legally married. Some have warned of revolution and civil war if the Supreme Court recognizes that there is no gay exception to the Constitution’s guarantee of fair and equal treatment under the law.

One recent salvo in this rhetorical campaign was a full page ad in the June 10 Washington Post in the form of an open letter to the Supreme Court. The headline read, “We ask you not to force us to choose between the state and the Laws of God.”

“We are Christians who love America and respect the rule of law,” the ad said, “However, we will not honor any decision by the Supreme Court which will force us to violate a clear biblical understanding of marriage as solely the union of one man and one woman.”

Similar statements can be found in the“Pledge in Solidarity to Defend Marriage”put together by the same people behind thePost ad. And it’s not much different from language in the Manhattan Declaration, a 2009 manifesto written by former National Organization for Marriage chairman Robert George (right) and signed by an array of conservative religious leaders. The Declaration declares that its signers will not “bend to any rule purporting to force us to bless immoral sexual partnerships, treat them as marriages or the equivalent, or refrain from proclaiming the truth, as we know it, about morality and immorality and marriage and the family.”

The Post ad suggested that a pro-equality ruling would “unleash religious persecution and discrimination against people of faith,” a statement that ignores the many people of faith who do support full equality for LGBT people. The ad was signed by a bunch of far-right anti-gay activists. Here’s just a sampling:

Let’s put aside all the preening about Religious Right leaders’ willingness to endure prison and martyrdom and consider what they’re really after.

First, we can dispense with the notion that they’re just looking for a “live and let live” world in which “Gays and lesbians have a right to live as they choose; they don’t have the right to redefine marriage for all of us.” In fact, religious conservatives have opposed every advance in cultural acceptance and legal recognition of the equal rights and dignity of LGBT people, including efforts to protect us in laws targeting violent hate crimes, allow us to serve openly in the military, and prevent us from being discriminated against in the workplace.

Robert George, co-author of the Manhattan Declaration and a founder of the National Organization for Marriage, wrote the legal brief filed by Focus on the Family and the Family Research Council in the Lawrence v Texas case, defending state laws that made gay people de facto criminals. NOM’s current chairman John Eastman said just this month that he hopes Uganda quickly puts its notorious anti-gay law back into force, a law that included penalties of life in prison for repeat offenders. Other right-wing religious leaders have traveled the globe, from South America to the Caribbean, from Uganda to Russia, Eastern Europe to Central Asia, to support laws that make gay people into criminals for living as they choose, sometimes even for advocating on behalf of LGBT people.

Back here in the U.S., conservative evangelical leaders and their allies at the U.S. Conference of Catholic Bishops falsely portray LGBT equality and religious liberty as fundamentally incompatible, a zero-sum game. That’s their justification for opposing civil unions as well as marriage equality – even for opposing laws to protect people from being fired just for being gay.

The reality is that religious liberty has continued to flourish, and our religious landscape has grown more diverse, in the decades thatpublic attitudes toward gay people have shifted dramatically toward equality. There has been no effort to require clergy to marry mixed faith couples if their faith prohibits it, and nobody wants to force any church or priest to marry or give their religious blessing to same-sex couples.

Next, let’s consider whether all this line-in-the-sand drawing is really about the supposed need for clergy, organizations, and business owners to enforce their religious beliefs about marriage in the public arena. The Catholic Church does not give its religious blessing to marriages involving people who have previously been married and divorced, unless the previous marriage is religiously “annulled.” But Catholic organizations are not loudly advocating for the right of a Catholic business owner to treat opposite-sex couples differently based on whether or not their marriages have the church’s blessing.

Similarly, many evangelical leaders say marriage is meant to be between one man and one woman “for life.” Yet in spite of the biblical passage in which Jesus says that a man who divorces his wife, for any reason other than sexual immorality, and marries another woman is committing adultery, there is no clamor from Religious Right leaders celebrating discrimination against people in second and third marriages.

It is clear that a different standard is being applied to same-sex couples. But anti-gay prejudice — animus is the legal term – is not an acceptable basis for discrimination, even if it is grounded in religious belief.

Now, there’s a reason Religious Right leaders are trying to make the conversation around marriage be about the grandmotherly florist who was fined when she declined to provide flowers for a gay couple’s wedding, or the conversation about contraception about the Little Sisters of the Poor, who say they don’t want to facilitate abortion. It’s an effort associate the Right’s agenda with a “live and let live” ideal that is appealing to many Americans, regardless of religion or politics.

But here’s the problem: Once you establish the principle – as Supreme Court conservatives did in their Hobby Lobby decision last year – that business owners as well as individuals and organizations should be able to ignore laws that somehow offend their religious beliefs, you have to figure out how far people will be allowed to run with it. It is not yet clear where the justices will draw the line.

That kind of line-drawing is often challenging when dealing with questions about how the government can accommodate religion without government impermissibly favoring it. Religious denominations and houses of worship have the greatest level of protection against government interference; courts and legislatures wrestle with the status of religiously affiliated nonprofits. Until Hobby Lobby, the Court had never ruled that a for-profit corporation could “exercise religion” in a way that is protected by the Religious Freedom Restoration Act, but now that door has been opened, it is not clear what kinds of anti-LGBT discrimination it could permit.

Anti-equality religious and political leaders have made it clear that they will continue to oppose marriage equality even in the face of a Supreme Court ruling striking down state marriage bans. Some are calling for massive resistance and urging state leaders to refuse to comply with a pro-equality Supreme Court ruling. Professors Douglas NeJaime and Reva B. Siegel have argued in the Yale Law Journal that in such a situation, in which there is a well-organized movement dedicated to pushing the religious exemption further and further, an accommodation may actually be more likely to extend the culture war conflict than resolve it.

It is worth addressing generally fair-minded people who don’t understand why the gay rights movement won’t just be happy with a marriage win and let a few people with religious objections “opt out.” Some people may think it’s no big deal for gay couples to find another florist or baker. For one thing, that approach discounts the humiliation of being turned away from a business, a violation of human dignity that was a motivating force behind laws banning racial discrimination in public accommodation. And it may not be such a small obstacle in smaller, conservative, religiously homogenous communities, where discrimination may flourish if it is invited by law and encouraged by local religious leaders.

Consider the anti-abortion movement as a cautionary tale.

Shortly after the Supreme Court’s ruling in Roe v Wade, laws were passed to allow doctors who had religious objections to performing abortions to refuse to do so without experiencing negative professional consequences. There has been little opposition to such laws. But over the past few decades, at the urging of anti-abortion activists, the scope of that kind of religious exemption has been expanded wildly to include people ever-further removed from the actual abortion procedure, and expanded to include even marginal participation in the provision of contraception. In emergency situations these accommodation could come at high cost, including the life of a patient.

Exemptions have been extended to or claimed by nurses who don’t want to provide care to women after an abortion, pharmacists who don’t want to dispense a morning-after pill prescribed by a woman’s doctor, even a bus driver who refused to take a woman to a Planned Parenthood facility because he said he suspected she was going for an abortion.

NeJaime and Siegel describe these as “complicity-based conscience claims” – claims that are about refusing to do anything that might make one complicit in any way with another person’s behavior that one deems sinful. They note that the concept of complicity has been extended to allow health care providers not to even inform patients that some potential care or information has been withheld from them based on the religious beliefs of an individual or the policies of an institution.

The resistance to complying with the requirement under the Affordable Care Act that insurance plans cover contraception takes the notion of complicity to almost surreal lengths.  Just days after theHobby Lobby decision, the Court’s conservatives sided provisionally with religious conservatives who are arguing that it is a burden on their religious freedom even to inform the government that they are refusing to provide contraceptive coverage, because that would trigger the process by which the coverage would be provided by others. Cases revolving around the simple act of informing the government of an objection are working their way back toward the Supreme Court.

Similarly, some advocates for broad religious exemptions argue that organizations taking taxpayer dollars to provide social services to victims of human trafficking or women who have been victims of rape as a weapon of war should be able to ignore government rules about providing those women with access to the full range of health care they may need. Some groups are saying it would violate their religious freedom even to notify the government when they refuse to provide information or care – such as emergency contraception for teens that have been sexually abused by their traffickers.  But keep the public dollars flowing our way!

Given what we know about the intensity of the anti-gay movement’s opposition to marriage equality, it is not hard to imagine how far that movement could run with the principle that religious beliefs about “traditional” marriage are a legitimate basis for discriminating against same-sex couples. They themselves have claimed as a model the (dismayingly successful) 40-year campaign since Roe v Wade to restrict women’s access to reproductive health care. In the words of the Heritage Foundation’s Ryan Anderson, “Everything the pro-life movement did needs to happen again, but on this new frontier of marriage.”

Where will a similarly aggressive campaign against marriage equality lead? There is a new law in North Carolina allowing magistrates to refuse to marry same-sex couples. A new law in Michigan allows adoption agencies functioning with government money to refuse to place children with same-sex couples.

Will corporations be allowed to refuse to hire someone married to a same-sex spouse based on the beliefs of the people who run the company? Will Catholic hospitals, which play an increasingly significant role in our health care system, be able to refuse to recognize same-sex spouses in medical emergencies?

The progress that LGBT people have made toward full equality has been remarkable. In my lifetime, the federal government had a formal policy to fire “sex perverts” and prevent them from getting federal jobs. In my lifetime, state laws criminalizing same-sex relationships were used to fire people from government jobs and even take parents’ children away from them. Even today, in a majority of the states, gay and lesbian people have no protection against being fired for who they are – or who they marry, even if the Supreme Court makes it illegal to keep those weddings from taking place.  In all too many places, a company could fire an employee who marries a same-sex partner, the way Catholic schools across the country have been doing.

The good news is that Americans are increasingly opposed to anti-gay discrimination. Most of the laws that were proposed this year tolegalize anti-gay discrimination on the basis of religious belief failed – often thanks to the pro-equality voices of business and religious leaders as well as the hard work of LGBT people and their friends and families and our advocacy organizations.

Most informed observers think the Supreme Court will rule in favor of marriage equality. If that’s what happens, it will be a historic victory and cause for celebration. But as the signers of the recent WashingtonPost ad have made clear, it will not be the end of the struggle.

PFAW

Rebuffed by Republican Legislators, Bobby Jindal Issues Executive Order on 'Religious Liberty'

In a Republican presidential field crowded with far-right candidates, Louisiana Gov. Bobby Jindal is trying to distinguish himself as the far-rightest candidate, especially on issues relating to marriage equality and its supposed threat to the religious freedom of conservative Christians.

Jindal’s latest came at the end of the day on Tuesday. Unwilling to accept the legislature’s failure to pass a so-called “religious liberty” bill (it was voted down 10-2 in a House committee), Jindal issued an executive order designed to protect any person who “acts in accordance with a religious belief that marriage is between one man and one woman.” The order explicitly defines “person” to include for-profit corporations and well as nonprofit organizations.

Jindal has adopted the rhetorical strategy promoted by the National Organization for Marriage and other opponents of LGTB equality: try to turn conversation about anti-gay discrimination “on its head” by declaring that laws protecting gay people are actually a form of discrimination against Christians. His statement about the executive order said it was designed to “prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

Jindal’s order invokes the Supreme Court’s decision in Hobby Lobby, making it the latest sign that the decision – which granted corporations a right to claim legal exemptions based on the religious beliefs of company owners -- poses a threat to nondiscrimination measures and potentially a wide range of laws protecting the interests of workers. Jindal declared that his order is “not about discrimination,” even though its clear intent is to give legal cover to companies, government officials, and others who discriminate against same-sex couples.

Louisiana does not currently give legal recognition to same-sex couples, but Jindal is concerned that the state’s ban on marriage equality may soon be struck down by the Supreme Court, a potential ruling which his order seems to be a legally questionable effort to pre-empt. Jindal should be asked to clarify exactly what actions his legislation is designed to “protect”: a courthouse clerk who refuses to process marriage license paperwork? Religious schools getting tax dollars under Jindal’s education policy refusing to accept children of gay parents? Catholic hospitals refusing to recognize the spousal or parental rights of gay couples during medical emergencies?   

Jindal’s “religious liberty” bill had been opposed by business and tourism leaders as well as civil rights groups. The New Orleans Times Picayune reports that the New Orleans Convention and Visitors Bureau CEO Stephen Perry had called the bill “a radioactive, poisonous message.”

But Jindal’s primary audience is no longer his Louisiana constituents; it's right-wing activists nationwide. Jindal boasted about the executive order by stopping by the radio program hosted by Family Research Council President Tony Perkins, an anti-gay activist who once suggested that LGBT non-discrimination measures would lead to the Holocaust perpetrated against Christians.

Right-wing pundit and Iowa GOP activist Steve Deace reacted rapturously, proclaiming Jindal his “winner of the week” for standing up to “Republicrats.”

Jindal immediately stepped in and ordered that while he’s governor the state government is not going to be a tool of the Cultural Marxists’ Rainbow Jihad against religion — particularly Christianity….

This action by Jindal is an example of what will be required of the next president if he’s going to truly honor his oath of office to defend our Constitution against all enemies — “both foreign and domestic.”

Let’s face it, the vast majority of alleged conservatives won’t stand up to the Democrats. And almost none of them will stand up to the Republicrats. On perhaps the most important issue of them all — the First Amendment that allows us the freedom to peacefully and publicly stand on principle for everything else — Jindal has done both.

But he didn’t just stand up to them rhetorically, he actually did something about it. There are several potentially exciting presidential candidates this cycle. There’s even a couple that like Jindal have shown they will tell the Republicrats bleeding us dry to stick it where the sun doesn’t shine.

PFAW

Oregon Marriage Ban Struck Down

More good news from the fight for marriage equality: today a federal judge struck down Oregon’s ban on marriage for same-sex couples.

If you are feeling a sense of deja-vu, it’s understandable – the Washington Blade notes that this ruling is the “13th straight win for gay nuptials in the federal courts” in the wake of the Supreme Court’s Windsor decision last year, which struck down a key section of the discriminatory Defense of Marriage Act [emphasis added].

Given that decision, Oregon Attorney General Ellen Rosenblum declined to defend the state ban, and the judge did not allow the right-wing National Organization for Marriage (NOM) to defend it. Earlier today NOM lashed out at the case, calling it “an ugly example of inappropriate cooperation between the Attorney General and the gay marriage lobby.”

Judge Michael McShane wrote:

It is at times difficult to see past the shrillness of the debate. Accusations of religious bigotry and banners reading "God Hates Fags" make for a messy democracy and, at times, test the First Amendment resolve of both sides. At the core of the Equal Protection Clause, however, there exists a foundational belief that certain rights should be shielded from the barking crowds; that certain rights are subject to ownership by all and not the stake hold of popular trend or shifting majorities.

As the Right continues to fight a losing battle to prevent loving couples from accessing the protections they need to take care of each other, we’ll keep fighting for nationwide equality.
 

PFAW Foundation

Globalizing Homophobia: PFAW Member Telebriefing on the Far Right

As the world’s eyes turned to Russia for the Sochi Olympics, and for the increasingly anti-gay policies of the Putin government, People For the American Way Senior Fellow Peter Montgomery spoke with PFAW supporters on an activist teleconference about the destructive export of homophobia by American Religious Right groups and political leaders.
PFAW

Dolores Huerta: My Message to the National Organization for Marriage

 

By Dolores Huerta

I am a proud Latina and a proud supporter of LGBT rights.

The National Organization for Marriage seems to think I can’t be both.
In a 2009 strategy document that was made public last month, NOM outlines a “wedge” strategy to drive black and Latino Americans away from supporting gay rights. About Latinos, NOM writes, “Will the process of assimilation to the dominant Anglo culture lead Hispanics to abandon traditional family values? We can interrupt this process of assimilation by making support for marriage a key badge of Latino identity.”

There are many great values that can be put forward as “key badges of Latino identity.” Opposition to gay rights should not be one of them. In fact, if NOM wants to keep Latinos from embracing LGBT equality, they’re already falling behind. A poll late last year found that a majority of Latinos – like a majority of all Americans – support legal recognition of same-sex unions. Opposition to LGBT rights is no more a hallmark of Latino culture than it is of American culture as a whole.

This is the deep cynicism of NOM and other groups that devote themselves to stopping equality for gay and lesbian Americans. They will attempt to exploit and inflame existing prejudices and fears in order to reach the ends they desire. They forget that the people they attempt to exploit have our own thoughts, opinions and experiences. We have our own relationships with God. We have gay, lesbian, bisexual and transgender friends and family members. And we know when we’re being used. Nom should learn what Latinos live by, the words of the great Mexican President Benito Juarez, “Respecting the rights of others is Peace.”

NOM’s attempt to stir up mutual resentment between African Americans, Latinos and the gay community echoes some of the most destructive politics of our past. That they are resorting to this kind of dangerous and divisive tactic shows just how desperate the anti-gay movement has become.

NOM’s mistake is to think that our cultural identity is a definition of who we are not and whom we are against. But of course, our identities are definitions of who we are and what we love. Latinos across America are embracing equal rights for our gay and lesbian friends and family. Those of us who support LGBT equality haven’t abandoned our Latino identity. We’re embracing the values that define who we are as individuals, as Latinos and as Americans.

Dolores Huerta is a member of the board of People For the American Way.

PFAW

Prop 8 Proponents Change Their Tune on the Damage of Marriage Equality

In their latest attempt to stymie marriage equality in the courts, the lawyers defending California’s Proposition 8 are now claiming that Vaughn Walker, the judge who ruled the state’s marriage discrimination unconstitutional, should have been disqualified from the case because he is gay.

The argument that a gay judge shouldn’t be allowed to handle gay rights cases is pretty flimsy to begin with – but now it’s caused the anti-equality attorneys to paint themselves into a pretty tight corner:

Now, as the sponsors of Proposition 8 try to convince the courts that the judge who overturned the measure had a built-in bias as a gay man with a longtime partner, their opponents are invoking that same campaign message: If Prop. 8 was meant to preserve opposite-sex marriages, they argue, then any judge, gay or straight, would have the similar conflict of interest.

In their latest court filing, the measure's supporters reply that they never promoted Prop. 8 as a benefit for married couples - just for society as a whole.

"Our argument is that adoption of same-sex marriage will likely harm the institution of marriage over time, not that any individual's existing marriage will be affected," said Charles Cooper, lawyer for the Prop. 8 campaign committee, a conservative religious coalition called Protect Marriage.

"The notion that all married heterosexual judges have a direct and substantial personal interest in the outcome of this case is, of course, patently absurd."

Oh really?

Because in the Prop 8 trial last summer, Cooper himself argued that allowing gay people to marry would actively harm heterosexual marriages…by somehow encouraging heterosexuals to cheat on their spouses.

And then there’s the famous ad that Protect Marriage’s major financial backer, the National Organization for Marriage, created to boost Prop 8:

These people sound pretty personally threatened by the prospect of gay people getting married.

Maybe Prop 8’s proponents have changed their minds about the dire consequences of marriage equality. Or maybe they’re just once again running up against the lack of logic behind their case.

 

PFAW

NOM’s Gallagher Invited to Share Anti-Equality Myths with House Committee

This morning, Rep. Trent Franks, chairman of the House Judiciary Subcommittee on the Constitution, called a hearing on “Defending Marriage” to examine the Obama Administration’s decision to stop defending the so-called “Defense of Marriage Act” in courts.

Franks is pretty, um, far to the right, so it’s no surprise that one of the three witnesses he called to the hearing was Maggie Gallagher, chair of the National Organization for Marriage.

As Justin wrote earlier, Gallagher hit a bunch of the big themes of the Religious Right’s anti-gay activism, but she also dwelled on one argument peculiar to the anti-marriage equality crowd: that marriage exists solely as a structure for procreation:

If we accept, as DOMA explicitly does, that this is a core purpose of marriage, then treating same-sex unions as marriages makes little sense. If marriage as a public and legal institution is oriented towards protecting children by increasing the likelihood they are born to and raised by the man and the woman whose union made them, then same-sex couples do not fit. If same-sex couples “fit” the public definition of marriage, then marriage is no longer about responsible procreation. Same-sex marriage cuts marriage as a public idea off from these deep roots in the natural family. Over time the law will re-educate the next generation that these ancient and honorable ideals underlying marriage no longer apply. Gay marriage, as Judge Walker ruled in wrongly striking down Prop 8, is based on the idea that neither biology nor gender matters to children. Same-sex marriage repudiates the public’s interest in trying to see that children are, to the extent possible, raised by the man and woman whose bodies made them in a loving single family.

The argument that marriage exists solely for having children is, needless to say, flimsy – and has been pretty well demolished in a few marriage equality trials. I’m just going to share this extended exchange from last year’s Proposition 8 trial, in which Judge Vaughn Walker reduces the lawyer defending Prop 8 into babbling incoherence as he tries to defend the marriage-is-only-for-procreation argument:

THE COURT: And my point was that there are a number of heterosexual couples who do not naturally procreate, who require the intervention of some third party or some medical assistance of some kind.

MR. COOPER: Yes, your Honor. And it is not those opposite-sex couples either that the state is concerned about in terms of -- in terms of the threats to society and the natural concerns that society has from irresponsible procreation.

THE COURT: What's the threat to society of people choosing to have medical assistance in order to conceive children?

MR. COOPER: There isn't one there, your Honor. I mean, it's -- it is the -- again, it's irresponsible procreation. The procreation that comes about casually. And often again, as the Eighth Circuit put it, often by accident, unintentionally, unintentionally. The opposite-sex couple where one of the partners is infertile, for example, or the same-sex couple can't unintentionally procreate, but for reasons that we discussed earlier with respect to the opposite sex but infertile couple, allowing them to marry isn't something that is inconsistent with the purposes of -- the core procreative purposes of marriage and, in fact, in certain respects it advances those purposes and it would just not be possible or realistic, as case after case has said, for the state to try to implement its policy on a more narrow or fitted basis.

And, your Honor, with respect to -- and you asked a question about this in your written questions. Even with respect to the opposite-sex couple where one of the partners is infertile, encouraging that couple to get married, trying to channel that couple into marriage furthers the procreative purposes and policies underlying the traditional definition of marriage in the sense that if that couple gets married, then it -- then all of the social norms that come with marriage to encourage that couple to stay together and to be faithful to one another operate to society's benefit in the sense that the fertile member of that couple will be less likely to engage in sexual relationships with third parties and raise anew a threat of some type of unintentional or what I have been referring to previously as irresponsible procreation.

THE COURT: Why don't those same values, which are values to society that you have described, apply to lesbian couples and gay couples? Coming together, supporting one another, taking care of one another, looking out for one another, being an economic unit, being a social unit, providing love, comfort and support for one another, why don't all of those considerations apply just as much to the plaintiffs here as they apply to John and Jane Doe, to use the names that Reverend Tam used.

MR. COOPER: Those purposes, your Honor, are – we haven't suggested there is a distinction among gay and opposite-sex couples with respect to those considerations. There is a distinction, however, with respect to the fundamental procreative purpose, responsible procreative purpose of marriage; and that is that the gay couple, unlike the opposite-sex couple where one of the partners may be infertile, doesn't represent -- neither partner in the – with respect to the same-sex couple is -- again, assuming homosexual sexual orientation -- represents a concern about irresponsible procreation with a third party.

To summarize, Cooper, when pressed on the issue, ended up arguing that opposite-sex couples should get married so they don’t go around “irresponsibly procreating” with people they aren’t married to…but same-sex couples aren’t in danger of irresponsibly procreating, so they don’t need to get married….and that somehow, if gay couples were to get married, they would drive heterosexuals away from marriage, resulting in them having babies out of wedlock.

To be clear, this is the primary argument that opponents of marriage equality have in their toolkit.
 

PFAW

Wisconsin Republicans Seek to Block Americans From Seeing Their Embarrassing Video

Wisconsin Republicans have been using the threat of legal action this week to suppress dissemination of a video that they are, quite justifiably, embarrassed about. As reported by Talking Points Memo:

First the Republican Party in Polk County, Wisconsin, pulled the tape of Rep. Sean Duffy (R-WI) fretting about making ends meet on his $174,000 a year salary from its own website. Now they want it gone from the whole Internet.

For a couple hours, the local county GOP was successful. But we've put an excerpt of the video back up.

A day after TPM posted the video we obtained of Duffy talking about his salary at a Polk County town hall meeting earlier this year, the Polk County GOP contacted the video provider we used to host the video, Blip.tv, and demanded the video be taken down. ...

The county GOP took down the video from its blog after the Washington Post posted a short clip of it yesterday morning.

An official with the Polk County GOP, which posted many other clips of the town hall on its YouTube channel, told TPM yesterday that the video was taken down because it was "was being republished without our consent."

Duffy and his supporters are right to be embarrassed. However, they are not right to use copyright law to keep Americans from seeing and hearing Duffy's words for themselves. Copyright exists to encourage and protect intellectual property. It does not exist to allow an elected official to avoid accountability for his own embarrassing political speech. Nor is it intended to be used as a tool to harass those who criticize you, particularly when dissemination of portions of the video for news and commentary most likely falls within the fair use doctrine - an exception to the exclusive right of copyright holders.

How many bloggers out there without a team of lawyers to represent them are now worried about legitimately posting this video or others like it in the future? How much political speech is being intimidated this way?

Use of the law to squash criticism - particularly when there is a legitimate fair use claim - is not new. For instance, the National Organization for Marriage had Rachel Maddow take down her clip of a NOM audition tape that made viewers heap scorn upon the organization and its latest advertisement.

Molly Ivins once noted how then-Governor George W. Bush used the threat of a lawsuit to shut down an embarrassing parody website:

The parody, run by a 29-year-old computer programmer in Boston named Zack Exley, annoyed Bush so much that he called Exley "a garbageman" and said, "There ought to be limits to freedom." (That's not a parody -- he actually said that.)

Bush's lawyers warned Exley that he faced a lawsuit. Then they filed a complaint with the Federal Elections Commission demanding that Exley be forced to register his parody site with the FEC and have it regulated as a political committee.

In just the past few days, we have seen right wing groups use the law on public records as a weapon to intimidate academics who criticize them. But in a country whose freedom depends on robust and open political debate, the law should be used to protect political discourse, not to prevent it.

PFAW

When Will it Stop Being Cool to Be an Anti-Gay Republican?

Last night, Ken Mehlman, the man who orchestrated George W. Bush’s 2004 reelection campaign--including, we can presume, its electorally popular anti-gay positions--came out as gay himself. Mehlman says he’s now working with American Foundation for Equal Rights to advocate for marriage equality.

The National Organization for Marriage immediately attacked Mehlman for “abdicating core Republican values.” But mainstream Republicans, whose bread and butter in recent years has relied on stoking anti-gay resentments, have been for the most part supportive of Mehlman personally and silent on his new advocacy work.

That’s not surprising. Earlier this week, People For’s president, Michael B. Keegan, wrote a piece in the Huffington Post on how anti-gay politics are increasingly confined to the Republican party’s extreme-right fringe…and the fringe is beginning to see the writing on the wall:

For years, the Right has watched its anti-gay agenda lose credibility as public acceptance of gays and lesbians has steadily grown and intolerance has declined. And that trend is going strong, as young people of all political stripes are more likely to know gay people and more willing to grant them equal rights and opportunities, including the right to marriage. A CNN poll this month found that a majority of Americans think gays and lesbians should have the right to marry--the first time gay marriage dissenters had slipped solidly into the minority in a national poll. Even in California, where Proposition 8 passed on the ballot in 2008, a poll earlier this year found a majority now support same sex marriage rights. Indeed, this change is even visible on the Right, where the fight against equality is being waged by an increasingly marginalized movement. Who would have ever thought that Ann Coulter would be booted from a right-wing conference for being "too gay friendly"?

Pam Spaulding points to a piece in the Frum Forum outlining the Far Right’s panic that gay-hating is rapidly becoming passé among mainstream political conservatives:

These swift changes in the GOP from gay bashing a la Patrick Buchanan’s 1992 convention speech towards tolerance and even support of gay equality is both astonishing and alarming to elements of the far right. Several prominent social conservatives have decried these changes. WorldNetDaily Editor David Kupelian recently wrote “Much of conservatism has now morphed into libertarianism…even high profile conservative warriors seem to be abandoning the gay issue” and went on to list recent examples of gay rights making progress within the GOP such as Glenn Beck’s announcement that gay marriage presents no threat to America, Ann Coulter addressing the gay conservative group GOProud, and CPAC’s refusal to ban GOProud. Social conservative Robert Knight bemoaned the fact that Republicans are increasingly supportive of gay equality in his column “Smarter than God”; and the American Family Association’s radio host Bryan Fischer also blasted Republicans for failing to sufficiently support the anti-gay cause.

This past week the Washington Blade even published an article titled “Conservatives take the lead in marriage fight” arguing that libertarian-leaning conservatives are advancing gay rights, perhaps more so than Democrats. Who would have thought in 1992 we would one day see Republicans lauded by the gay press?

This shift toward acceptance—and away from the divisive anti-gay politics exemplified by Bush’s campaign strategy—is clearly taking place. But it’s far from over. Even if mainstream conservatives are starting to shy away from anti-gay politics, the mess that the homophobic politics of the past decades has left is still here, and still harmful. If members of the party that exploited homophobia for years to create our strongly anti-gay status quo remain silent on gay rights, they condone discrimination.

The Don’t Ask, Don’t Tell policy still keeps gays and lesbians from serving openly in the military. Hundreds of hate crimes motivated by sexual orientation are committed each year—but all but 18 Republicans in the House and five in the Senate opposed the bill last year that expanded hate crimes laws to prevent these. 30 states have passed constitutional amendments prohibiting same-sex marriage—11 of these were put on the ballot in an effort to draw voters for Bush and his fellow Republicans in 2004.

Asked by the Advocate about his role in crafting the strategy that led to those 11 constitutional amendments, Mehlman said, “I can’t change that – it is something I wish I could and I can only try to be helpful in the future.”

Mehlman, whatever you think of his past actions, is right—there is a lot of positive work that needs to be done to undo the damaging anti-gay crusades of the past. It’s great that at least some in the Republican Party are beginning to accept gay people, or at least are refraining from being virulently homophobic. But they won’t be off the hook until they start working to actively undo the destructive policies of the past.

And, as Gabriel Arana points out, though Mehlman’s political change of heart was tied up with his own personal struggle, “you don’t have to be gay to do the right thing.”
 

PFAW

Court Stops Right-Wing Anti-Marriage Referendum

An appeals court ruled this morning that the DC City Council has every right to refuse to hold a referendum aimed at shooting down the city’s four-month-old marriage equality law.

The push to end DC’s marriage law was led by Bishop Harry Jackson, an anti-gay activist who has allied with national right-wing groups like the National Organization for Marriage and the Family Research Council in his quest to undo the law.

The DC Council refused to let Jackson introduce a referendum to ban gays from marrying in the District, citing a policy that prohibits ballot intiatives to authorize discrimination. In January, a lower court agreed with the Council, and today the DC Court of Appeals upheld that decision. The Appeals Court’s decision was split 5-4, but the judges were unanimous on one key point: that Jackson’s referendum constituted discrimination.

The DC Council passed the marriage equality law in an 11-2 vote in December; marriage licenses became available in March.

All in all, it’s been a good July for marriage equality.
 

PFAW

Does the National Organization for Marriage want to overthrow the government?

If the National Organization for Marriage was attempting to position itself as a respectable group, they’ve been having a rough time of it lately.

First, they created the hilariously inept “Gathering Storm” ad which generated a blizzard of mockery.

Now, via Box Turtle Bulletin, we learn that they’ve announced that science fiction writer Orson Scott Card will serve on their board.

The problem?  He’s advocated the overthrow of the government as an appropriate response to pro-marriage equality decisions.

What these dictator-judges do not seem to understand is that their authority extends only as far as people choose to obey them.

How long before married people answer the dictators thus: Regardless of law, marriage has only one definition, and any government that attempts to change it is my mortal enemy. I will act to destroy that government and bring it down, so it can be replaced with a government that will respect and support marriage, and help me raise my children in a society where they will expect to marry in their turn.

Biological imperatives trump laws. American government cannot fight against marriage and hope to endure. If the Constitution is defined in such a way as to destroy the privileged position of marriage, it is that insane Constitution, not marriage, that will die.

One would like to believe that even NOM realizes that this kind of rhetoric is beyond the pale.  If so, they should be coming out with a statement disavowing Card’s views any minute now.  Or do they agree with him?

We’re waiting . . .

PFAW