NOM BLOG

Americans Haven't Gotten The Memo

 

In this week's newsletter:

  • National Surveys Show Decline in Support for Same-sex 'Marriage'
  • Is This Shift Being Caused By Arrogant Scolds?
  • It's Not Just Social Conservatives Who Object To Forcing Marriage Supporters To Bake The Gay Cake
  • And Speaking of Aaron and Melissa Klein...
  • Moving on...NOM's Chairman Outlines Potential Judicial Reforms To Senate Committee
  • New Legislation Would Authorize Persecution Of People Of Faith

Dear Marriage Supporter,

Evidence builds daily that the American people are rejecting the attempt of the US Supreme Court to redefine marriage. In big ways and small, they are showing their displeasure with an agenda that seeks to impose itself upon the public by force.

Examples:

National Surveys Show Decline in Support for Same-sex 'Marriage'

We reported last week about the phenomenal change in public opinion concerning the public's support for same-sex 'marriage' as documented by a national survey conducted by the Associated Press/Gfk. The AP/GfK survey found support for SSM down 6 points since April, and opposition up by 4 points — a combined 10 point swing in public opinion.

Two other national polls have been released, both showing a similar trend. Ipsos/Reuters found in its most recent survey that 51% of adults support same-sex 'marriage,' down 3 points since April.

And the latest Gallup poll showed support for same-sex 'marriage' at 58% with opposition at 40%. As we've pointed out previously, the support number is artificially high due to Gallup's use of the dubious practice of "priming" whereby they ask a leading question designed to elicit support for same-sex couples right before asking about gay 'marriage.' Still, the latest Gallup survey shows a 5 point shift in public opinion against SSM, with support down 2 points and opposition up 3 points. Typical of their bias in support of redefining marriage, Gallup describes this 5 point shift as "stable."

Is This Shift Being Caused By Arrogant Scolds?

That is the theory posited by David French in a provocative piece at National Review. He blames same-sex supporters — whom he includes in a group called "Social Justice Warriors" — for their over-the-top reaction on social media to the Supreme Court decision. Says French, "The Social Justice Warriors forgot that most Americans just don't like mean people. And in one two-week span of American life, millions of SJWs helpfully and unmistakably labeled themselves with their rainbow profile pictures, then proceeded to act like hectoring, condescending, arrogant scolds — loudly and publicly, day after day. They were mean. They mocked Christians, celebrated the plight of a Christian baker's family as it faced financial ruin for refusing to facilitate a gay wedding, and kept pointing at the Supreme Court and the White House as if they represented some sort of cosmic scoreboard — as if the only response for conservatives was to take their ball, slink away, and go home."

It's Not Just Social Conservatives Who Object To Forcing Marriage Supporters To Bake The Gay Cake

Jesse Bartholomew identifies himself as a gay wedding cake baker and he has some strong words for his fellow LGBT supporters who believe they can force someone to participate in same-sex weddings despite their religious objections. Referencing the ongoing attempt to punish Aaron and Melissa Klein, who are Christians, for refusing the bake a gay 'wedding' cake in violation of their Christina beliefs, Bartholomew produced a video condemning the LGBT community for demanding that those who disagree with SSM must still bake a cake for them. He says in the video, "I bake wedding cakes for a living. I cannot tell you how disgusted I am with my fellow gay and lesbian community that they would stoop so low as to force someone to bake a cake for them who simply doesn't agree with them...It's plain and simple. You are bullying someone. You are forcing someone. You are being a Nazi and forcing someone to bake a damn wedding cake for you when there are hundreds of other gays and lesbians that would gladly have your business. Shame on you."

The YouTube video has gone viral, with over 84,000 views.

And Speaking of Aaron and Melissa Klein...

I'm sure you are familiar with the case brought by the state of Oregon against the owners of the Sweet Cakes By Melissa bakery, Aaron and Melissa Klein. This Christian couple declined to bake a cake celebrating a same-sex wedding (at a time when gay 'marriage' was illegal in Oregon) because doing so violated their deeply held religious beliefs about marriage. They were charged with discrimination by the state and fined $135,000. When supporters of marriage and religious liberty came to realize that the fine could bankrupt the Kleins, a fundraising program was started on the GoFundMe website that raised $109,000 to support the Kleins. Sadly, GoFundMe then caved in to pressure by gay activists and changed their rules to prohibit fundraising campaigns for people like the Kleins. (They agreed to let the Kleins keep the money already raised.) Outraged, another crowd sourcing site, ContinueToGive, stepped in and launched a new fundraising campaign. The other day it was announced that the fundraising campaign had raised $352,000 to help the Kleins — the most in the history of the website.

All told, nearly half a million dollars has been contributed to the Kleins by an estimated 10,000 donors as a show of support for their principled stand in defense of marriage. Wow...that is impressive!

These people are the silent majority, the folks whose opinions are finally impacting public opinion polls, the same people who helped make up the more than 50 million voters who passed state laws preserving traditional marriage in nearly three dozen state elections.

These are the people who apparently didn't get the memo from our supreme rulers that the fight to preserve marriage is supposedly over.

Moving on...NOM's Chairman Outlines Potential Judicial Reforms To Senate Committee

This week Sen. Ted Cruz, who chairs the Senate Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts held a hearing to consider potential judicial reforms to restore accountability to the federal courts in light of the illegitimate decisions recently issued, especially their ruling redefining marriage. Cruz has sponsored a proposed constitutional amendment to institute judicial retention elections for federal judges, as are currently held in approximately twenty states for state judges. NOM's chairman, Professor John Eastman, was one of three constitutional scholars invited to present testimony to the committee and offer recommendations.

Dr. Eastman reviewed for the committee the history of our nation's founders' attempts to balance the need for an independent judiciary with the importance of having a procedure to hold them accountable for erroneous rulings. When the nation was founded, it was envisioned that the judiciary would be the weakest of all the branches of government, lacking the ability to enforce its decisions though force of will. However, the Supreme Court over the years has issued rulings that elected officials have simply accepted, the result of which has led to the phenomenon of "judicial supremacy" whereby the nation is expected to accept that the constitution is whatever a majority of Supreme Court justices say it is. However, such a situation was never intended by our nation's founders. They intended the constitution to be the supreme law of the land, not the Supreme Court.

As is outlined in the Federalist Papers, the impeachment process was designed by the founders as the mechanism to remove judges who were not acting within constitutional parameters. However, Professor Eastman explained that the impeachment process has been reinterpreted by the courts, and then parroted by legal scholars, away from a broad license to hold federal judges accountable to one that is reserved only for extreme judicial misconduct, usually involving criminal behavior.

Because the provision originally designed to hold judges accountable is no long practical, Dr. Eastman suggested that Congress consider new provisions to hold federal judges accountable, and outlined three potential solutions:

  1. Dr. Eastman supported Sen. Cruz' proposal for judicial retention elections, testifying that they rarely result in the removal of judges at the state level, but still serve an important barrier deterring judges from simply inventing new legal doctrines not contained in the constitution itself in order to implement their personal views, as the Supreme Court did in the Obergefell marriage case.
  2. Professor Eastman called on Congress to advance to the states for ratification an amendment to the constitution that would allow a majority of states to veto a particular ruling of the Supreme Court.
  3. He also proposed that Congress be able to void any given ruling with a supermajority vote.

You can watch Professor Eastman's testimony here. When the video loads, please scroll to the 58:30 mark.

New Legislation Would Authorize Persecution Of People Of Faith

Moving forward with a sweeping agenda they call "Beyond Marriage Equality" backers of redefining marriage have introduced new legislation, HR 3185, that would create special rights for gays, lesbians, bisexuals and transgendered people and empower them to pursue legal action whenever they perceive an individual or businesses has "discriminated" based on "sexual orientation or gender identity."

Sponsored by the grossly-misnamed Human Rights Campaign special interest group, HR 3185 is breathtaking in its scope. It would allow gay and lesbian activists to persecute Americans in virtually every area of society — in employment, public accommodations, housing, credit, and a dozen other areas of civil life. Wherever federal law prohibits racial discrimination, it would also prohibit "discrimination" based on "sexual orientation and gender identity."

The legislation puts in the crosshairs anyone who believes God created people male and female. It would declare that a traditional view of human sexuality is hateful and bigoted and treat Christians, Jews and other people of faith just as the law treats racists. HR 3185 specifically denies someone who has been targeted the ability to rely on the provisions of the Religious Freedom Restoration Act as a defense against the complaint of discrimination.

Americans across the land are witnessing the persecution of wedding professionals who are being forced by homosexual activists to participate in same-sex ceremonies even though doing so violates their deeply held religious beliefs concerning marriage. Bakers, photographers, florists, inn keepers and others have been persecuted, sued and fined simply because they do not wish to personally participate in a gay 'wedding.' HR 3185 will extend this persecution far beyond the wedding industry and will impact Americans in virtually every area of life.

Under HR 3185, all that a gay, lesbian or transgendered person needs to do is allege that an individual or business has somehow discriminated based on sexual orientation or gender identity and the full force of the federal government can be brought down on the person accused.

Just imagine how this proposed law would be used. Virtually any time an LGBT person feels they have been discriminated against they would be able to pursue a special legal claim using the force of the federal government as a stick.

What lies "beyond marriage equality" is persecution. And that's what HR 3185 should be called — The Persecution of Americans Act.

Please act today to help us defeat HR 3185. Click here to send a message to your federal representatives asking them to vote against this dangerous proposal that will result in rampant persecution of Americans in virtually every area of civil life.

It is imperative that members of Congress hear immediately that the American people will not tolerate the creation of powerful special rights for one segment of society, and allow them to use the power of the federal government to persecute anyone who disagrees with them.

Please act today to stop HR 3185.

Act Today

Please Support NOM

I respectfully end this newsletter with a request that you prayerfully consider the importance of NOM's work to restore marriage and honor us with a gift that we can use to implement our five-point plan. Because several of our donors have been so impressed with our plan, they have offered to match any contribution you give, dollar for dollar. Given this, and the fact that the polls and other evidence all point to the American people rallying to our point of view, there has never been a more important time to contribute to NOM. I hope you will consider a gift of $25, $50, $100, $250 or $500 or more, which will be doubled thanks to the help of some generous donors.

Faithfully,

Brian S Brown