NOM BLOG

Category Archives: Prop 8

Anderson in The Blaze: High Stakes as Supreme Court Prepares to Rule on SSM

Ryan Anderson writes in The Blaze:

Silhouettes"...We tend to forget that marriage predates government. Throughout history, diverse cultures and faiths have upheld marriage as the ideal. It is the fundamental building block of all human civilization. Marriage has public purposes that transcend its private purposes.

Marriage is society’s best way to ensure the well-being of children (as I’ve argued at length in this space). State recognition of marriage protects children by encouraging men and women to commit to each other — and to take responsibility for their children.

So it is with good reason that 38 states – not to mention over 90 percent of the countries represented at the United Nations — affirm marriage as the union of a man and a woman, just as diverse cultures and faiths have throughout history.

But whatever any individual American thinks about marriage, the courts shouldn’t be redefining it. Marriage policy should be worked out through the democratic process, not dictated by unelected judges in an activist decision that has no grounding in the text or logic of our Constitution."

Looking Ahead: Supreme Court to Issue Rulings Next Month on Prop 8/DOMA

Our Communications Director Thomas Peters is mentioned in this NBC News report on what to expect from the Supreme Court next month:

78433716The Supreme Court could issue a ruling on same-sex marriage as early as this Tuesday.

Whether the justices deliver a narrow ruling, a broad one - or none at all - they are unlikely to have the final word on this issue.

While the Supreme Court has been weighing two same-sex marriage cases that could become legal landmarks, the fiery national debate has shown no signs of dying down.

... A dozen states currently recognize same-sex unions, but 30 states have banned it.

Opponents of same-sex marriage believe time and numbers are on their side.

"We just want to make sure the Supreme Court doesn't cut the conversation short by issuing a sweeping ruling. We saw them do that before with the issue of abortion that didn't settle anything. Americans are fully capable of coming to their own conclusions and deciding marriage laws for themselves," Thomas Peters of National Organization for Marriage.

Here is the video:

Schubert in The Blaze: What to Really Expect from the Supreme Court

Mission Public Affairs President Frank Schubert, who ran the successful Proposition 8 campaign, argues in The Blaze that the Supreme Court will issue a ruling on Prop 8 and will ultimately choose to uphold it:

The United States Supreme Court held oral arguments two weeks ago concerning California’s Proposition 8 and, predictably, the media pack have all come to the same conclusion. Their meme is that the Court will decline to rule on the merits as to whether Proposition 8 unconstitutionally defined marriage as the union of one man and one woman. Most base their conclusion on the comment by Justice Anthony Kennedy wondering if the case was properly granted. I believe the media pack has it wrong, failing to appreciate the box that Justice Kennedy likely finds himself in once the Court decided to grant review.

It may very well be that Justice Kennedy would prefer not to decide the Proposition 8 case on the merits. Kennedy is widely viewed as the potential swing vote on the constitutionality of marriage. Despite his lament about having to arbitrate the issue, Justice Kennedy effectively has little choice but to decide whether marriage as it has always been defined somehow violates the constitution.

Once the Court decided to grant review (Certiorari) in the Prop 8 case, Justice Kennedy’s hand was effectively forced. This is true for four key reasons.

[...]

For all these reasons, I believe that Justice Kennedy will ultimately agree with Justice Scalia that they have “already crossed that river” and now must reach the merits of the constitutionality of Proposition 8. So then what?

There was nothing in the oral argument to suggest that anything approaching a majority of the court is prepared to find a federal constitutional right to same-sex marriage. That being the case, I feel very good about the status of Prop 8 when the Court issues their ruling in the coming months. I also suspect that the media pack is likely never to admit their reporting of oral arguments were off target. More than likely they will immediately pivot, saying winning the most important victory for marriage ever achieved doesn’t really matter because – as they’ve been claiming for years — same-sex marriage is somehow “inevitable.” That’s another false meme, but we’ll deal with that one later, with the wind of a Supreme Court victory at our backs.

Holloway: Justice Sotomayor and the Path to Polygamy

Carson Hallowoy argues in The Public Discourse that "The oral arguments on Proposition 8 at the Supreme Court suggest that there is very good reason to believe that the declaration of a “right” to same-sex marriage will set us on the path to polygamy":

Opponents of same-sex marriage resist it because it amounts to redefining marriage, but also because it will invite future redefinitions. If we embrace same-sex marriage, they argue, society will have surrendered any reasonable grounds on which to continue forbidding polygamy, for example.

In truth, proponents of same-sex marriage have never offered a very good response to this concern. This problem was highlighted at the Supreme Court last week in oral argument over California’s Proposition 8, the state constitutional amendment that defines marriage as a union of a man and a woman.

Surprisingly, the polygamy problem that same-sex marriage presents was raised by an Obama appointee, the liberal Justice Sonia Sotomayor. Sotomayor interrupted the presentation of anti-Prop 8 litigator Theodore Olson to pose the following question: If marriage is a fundamental right in the way proponents of same-sex marriage contend, “what state restrictions could ever exist,” for example, “with respect to the number of people . . . that could get married?”

Video: Brian Brown Defends Marriage on Meet the Press

This weekend our President Brian Brown appeared on Meet the Press to defend marriage and counter the lie that redefining marriage is inevitable:

On the question of marriage and the Supreme Court he said:

"The truth is the truth. The truth is marriage is based upon the distinction between men and women, husbands and wives, mothers and fathers. Marriage is the one institution that brings together the great halves of humanity male and female in one institution to connect husbands and wives together and to any children they may bear. The question before the court is not only on this issue of what is marriage, marriage is by definition the union of a man and a woman and apart from all this inevitability talk, 31 states have voted to say that is the truth, they've embedded it in their state constitutions, only 4 have voted against it. There's a myth that somehow this is inevitable, look, North Carolina passed its constitutional amendment 8 months ago by 61%. The polls in California had us at 36% support for traditional marriage but when people came out they voted to support traditional marriage so the real issue is, is the court going to launch another culture war by trumping the votes of these states and of the duly-elected members of Congress who passed DOMA."

On the question of whether the Supreme Court will rule on Prop 8:

"I don't think the court is going to punt, the court is going to answer the question, the question is simple: 'do the people of the state of California, do the people of the states of this country have the right to votes and voices heard, or is the court going to trash over 50 million votes.' The lower court ruling wasn't just about Proposition 8 and what is being brought forward is this myth that somehow embedded in our Constitution something the founders didn't see and we haven't seen up until now 'there is a right to redefine the very nature of marriage'."

Video: NOM's Peters on MSNBC: Marriage Should Be Decided by the People, Not the Court

Over the weekend our Communications Director Thomas Peters went on MSNBC to stand up for the rights of pro-marriage people to have their votes and voice respected by the Supreme Court:

On whether gays and lesbians are "politically powerless" he said:

"I think what John Roberts was asking was a really fascinating question because currently gay marriage activists are claiming that they are politically powerless and that's why we have to strike down laws defending marriage like the Defense of Marriage Act and Proposition 8. Whereas what the Chief Justice is saying is that actually gays and lesbians are very politically powerful -- the President supports them, the Democratic party platform supports them -- and so the idea that we need to strike down laws protecting marriage is absurd. What we need to uphold is that people have the ultimate right to decide marriage laws. The states, the democratic process is working, and we hope the Supreme Court will acknowledge the votes of over 45 million Americans who have voted to protect marriage as the union of one man and one woman."

On the question of whether Americans who are pro-marriage are akin to those who opposed interracial marriage he said:

"Laws against interracial marriage were meant to keep the races separate so they wouldn't have children together and they were wrong, marriage is meant to bring men and women together so they have children which is right. You cannot compare these two things at all and furthermore, I think it's really important what she brought up, the 45 million Americans who have voted to protect marriage are not motivated by animus towards gay people, they're motivated out of love for the institution, and [crosstalk] if the Supreme Court were to rule that laws defining marriage are akin to bigotry, then every person in this country who believes that children have a right to a mother and father will be treated as bigots under the law, that's why Steve and others might agree with me that the Supreme Court's not going to go there. We can work this out through the political process. The debate can continue. Questions as central as marriage should not be decided by the Supreme Court they should be decided by the people."

National Organization for Marriage Leads Massive March and Rally in Support of Marriage

National Organization for Marriage

National Organization for Marriage

National Organization for Marriage

FOR IMMEDIATE RELEASE: March 26, 2013
Contact: Elizabeth Ray or Jen Campbell (703-683-5004)

National Organization for Marriage Leads Massive March and Rally in Support of Marriage

2013 March for MarriageThe March for Marriage on TwitterThe March for Marriage on FacebookNational Organization for Marriage

"A diverse crowd of more than 10,000 marched today to show that those who protect marriage are on the right side of history."
— Brian Brown, NOM president

Washington, D.C. — More than 10,000 pro-marriage citizens from across the country and from every walk of life marched and rallied today peacefully in our nation's capital, rallying at the National Mall and marching to the Supreme Court with two simple messages: "Respect Our Votes!" and "Kids Deserve a Mom and a Dad!"

The National Organization for Marriage (NOM) led a coalition of over 45 organizations featuring over 20 speakers all united in the common purpose of defending marriage between one man one woman while demanding the Supreme Court respect the millions upon millions of Americans who have voted to enact laws protecting marriage in their state constitutions.

Brian Brown, President of NOM said, "A diverse crowd of more than 10,000 marched today to show that those who protect marriage are on the right side of history. The Supreme Court has no right to redefine marriage and roll back the efforts of Americans to protect marriage as the union of one man and one woman, the only social arrangement that gives children the mother and father they deserve."

Brown continued: "The fact that our supporters remained peaceful, kneeling in prayer and singing songs and chants even in the face of verbal attacks and intimidation by our opponents is a testament to the respectful way pro-marriage activists carry themselves, even when harassed."

Brian concluded: "Forget the media hype and confusion, our numbers today show that the American people are strongly pro-marriage and pro-marriage Americans aren't going anywhere. This is the beginning of the fight to protect marriage. Our opponents know this, which is why they are hoping the Supreme Court will cut short a debate they know they will ultimately lose if the political process and democracy are allowed to run their course. Those who believe that marriage is the unique and special union of one man and one woman are on the right side of history."

Please visit www.NationforMarriage.org and www.NomBlog.com for photos and videos from the march and rally.

Donate Today

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To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Elizabeth Ray (x130), eray@crcpublicrelations.com, or Jen Campbell (x145), jcampbell@crcpublicrelations.com, at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).

VIDEO: Recap of the March for Marriage

Watch the video recap of the March for Marriage!

Update -- video now fixed:

Video: Brian Brown on FoxNews Previewing Supreme Court Showdown

Today our President Brian Brown is leading the March for Marriage on the national mall in Washington, D.C. but this weekend he was on FoxNews defending marriage in front of a national audience:


NOM at the 2013 March for Marriage!

We're marching for marriage today from the National Mall to the Supreme Court!

This post contains a slideshow of today's march from the morning rally to the actual march to the Supreme Court. Please check back regularly for new pictures!

Breitbart: Judge Who Threw Out Prop 8 Wanted to Attend Supreme Court to Support Gay Marriage Side

Emails obtained and posted online highlight the cozy relationship between anti-Prop 8 Judge Walker and lead anti-Prop 8 attorney Ted Olson:

Vaughn R. Walker, retired judge who overturned California's Proposition 8 in 2010, asked attorneys who will be defending same-sex marriage in the Supreme Court next week if he could attend oral arguments, as revealed Friday morning in a series of emails posted by conservative blogger Patrick Frey aka Pattterico.

The emails indicate a friendly relationship between retired judge Vaughn Walker and Ted Olsen, one of the attorneys who argued to overturn Prop 8 in front of Walker.

At the time, there was controversy over whether Walker, who is gay, ought to have recused himself from the case. A federal court ruled in 2011 that he did not have to do so.

The emails were obtained exclusively by Patterico in an unredacted form. Patterico confirmed that the email addresses appeared to be those of Walker and Ted Olsen's law firm but as of his publication, Patterico had not received replies to his requests for comment or confirmation.

... Patterico--who personally supports same-sex marriage but opposes using the courts as a means to that end--believes that the emails give credence to the belief that Walker was not an impartial jurist for Proposition 8. (Breitbart)

Sen. DeMint at CPAC: Marriage is the Path to Limited Government

Last night at the CPAC banquet Sen. DeMint strongly spoke out in defense of marriage:

"...We cannot hope to limit government if we do not stand up for our core civil society institutions, beginning with marriage. Marriage is the foundation of America’s cultural stability and economic prosperity and the courts have no business overruling the people’s democratic decisions in the states. People can love whom they want and live the way they choose, but no one is entitled to redefine a foundational institution of civil society that has existed for centuries.

In two weeks, the Supreme Court will hear arguments against the right of states to protect marriage and the federal Defense of Marriage Act. Judicial activism is to blame for the Court even considering these cases. The Supreme Court should uphold these laws. It must recognize that the American people should make these decisions, not unelected judges.

We are told that the social issues divide Americans and that we should stop talking about them. We cannot.

Economic and social conservatism go hand-in-hand. They’re natural allies. Strong families, churches and voluntary institutions build strong character and economic independence. And government must always remember we are endowed by our creator with life, liberty and the pursuit of happiness. That is true for you and me, and it is true for the unborn. When government understands its limited role, it can be smaller, people can be freer and our economy can create prosperity for everyone. And when government grows larger with programs like Obamacare that consume so much of our lives, it tramples on both economic freedom and religious liberty. This has united conservatives of all stripes to fight to end Obamacare so we can all be free to live our own lives."

You can read the rest of the speech and watch the video here.

Top Gay Groups Tell Lesbian Couple to Back Down Rather Than Risk Sixth Circuit Rebuke

More evidence that top gay activist groups are worried that their legal case before the Supreme Court is hardly airtight:

... Hoping to avoid a marriage case being heard by the more conservative Sixth Circuit Court of Appeals, several organizations fighting for marriage equality — including the American Civil Liberties Union, Human Rights Campaign, Lambda Legal, and National Center for Lesbian Rights — suggested in a December 2012 filing that the court hold off.

... Although courtroom successes have been plenty in challenges to the Defense of Marriage Act, more direct marriage-rights cases have met with mixed results. Although courts in the Proposition 8 challenge have found the California amendment to be unconstitutional, federal marriage equality lawsuits in Hawaii and Nevada were rejected by trial courts.

... The case, initially filed in January 2012, came only after several LGBT organizations declined to participate, Dana Nessel, one of the couple's attorneys, told BuzzFeed Thursday. "What they told us is that they refuse to touch anything in the Sixth Circuit [Court of Appeals]."

The fear: they would lose.

Jay Kaplan of the ACLU of Michigan told BuzzFeed Friday that Nessel's assessment was accurate, saying, "If you're going to bring a marriage equality claim, you want to be sure that you're going to be successful at all stages of the process." Of the Sixth Circuit, he said, "There is not a progressive majority on the court." (BuzzFeed)

Video: NOM's Peters: Obama Has No Credibility on Marriage

NOM's Thomas Peters appeared on the Christian Broadcasting Network to discuss President Obama's recent decision to get involved in the Proposition 8 case -- and also got a chance to spread the word about the March for Marriage!

When asked about the impact of Obama's choice to weigh in, he responded:

"I think if it has any impact it will actually have a negative one in terms of getting the result that the President wants. I think he has politicized the issue and frankly he has no credibility on it either because, as that montage you just showed points out, he's flipped his position several times now. And at this stage, the question at the Supreme Court is whether we're going to respect the rights of the seven million Californian voters who voted to protect marriage, or if the Supreme Court is going to by fiat erase their democratic vote."

Watch the video of the segment here:

NOM Chairman Eastman: "The Constitution Does Not Make Traditional Marriage Unconstitutional"

NOM Chairman John Eastman takes part in a Debate Club on Proposition 8, hosted by U.S. News & World Report:

"...the Supreme Court's recognition of marriage as a fundamental right has always been grounded on what makes marriage a unique relationship. In Loving v. Virginia (1967), the Court defined marriage as a "fundamental" right because it is one of the "'basic civil rights of man,' fundamental to our very existence and survival," a point which is only true because the institution is rooted in the biological complementarity of the sexes, the formal recognition of the unique union through which children are produced. Societies across the globe and throughout history have recognized that marriage is our best way to promote the ideal of children being raised by the two people responsible for creating them—their mother and father. The ban on interracial marriage that was at issue in that case was struck down because race had nothing to do with that fundamental purpose. The same cannot be said for gender.

That basic biological point should also defeat the Equal Protection challenge. Equal Protection requires that individuals who are similarly situated must be treated similarly. It should be obvious, but as long as procreation is an important part of why society lends its weight to the institution of marriage, same sex and opposite sex relationships are simply not similarly situated with respect to that important aspect of marriage. Laws that foster the one relationship because of its unique ability to further the public good serve legitimate, even compelling governmental interests, and should be upheld."

Please click over to the article and VOTE UP Prof. Eastman's constitutional defense of laws protecting marrigae!