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Category Archives: Supreme Court

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

June 17, 2013 – 9:00 am

Ryan Anderson writes in The Blaze:

"...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."

By NOM Staff | Posted in DOMA, Law, Marriage, Prop 8, Same Sex Marriage, Supreme Court | Comments (0)

Santorum: Supreme Court Won't Make Same Mistake Twice

April 10, 2013 – 9:00 am

The Des Moines Register:

A “chastened” U.S. Supreme Court won’t make the mistake of granting same-sex marriage rights, former presidential candidate Rick Santorum predicted in an interview today.

“I think you’ll see, hopefully, a chastened Supreme Court is not going to make the same mistake in the (current) cases as they did in Roe v. Wade,” Santorum told The Des Moines Register in a telephone interview. “I’m hopeful the Supreme Court learned its lesson about trying to predict where the American public is going on issues and trying to find rights in the Constitution that sit with the fancy of the day.”

... Asked what he thinks about the two Midwest senators who have recently backed gay marriage, Sen. Rob Portman of Ohio and Sen. Mark Kirk of Illinois, Santorum said some Republicans splintered off in the late 1960s and early 1970s to support abortion rights when the courts “started mucking around with pro-life statutes at the state level.”

“I’m sure you could go back and read stories, oh, you know, ‘The Republican party’s going to change. This is the future.’ Obviously that didn’t happen,” Santorum said. “I think you’re going to see the same stories written now and it’s not going to happen. The Republican party’s not going to change on this issue. In my opinion it would be suicidal if it did.”

By NOM Staff | Posted in Law, Marriage, Same Sex Marriage, Supreme Court | Comments (8)

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

April 9, 2013 – 9:30 am

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.

By NOM Staff | Posted in California, Law, Marriage, Prop 8, Same Sex Marriage, Supreme Court | Comments (31)

Holloway: Justice Sotomayor and the Path to Polygamy

April 4, 2013 – 11:30 am

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?”

By NOM Staff | Posted in Law, Marriage, Polygamy, Prop 8, Same Sex Marriage, Supreme Court | Comments (35)

Video: Brian Brown Defends Marriage on Meet the Press

April 2, 2013 – 3:00 pm

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'."

By NOM Staff | Posted in California, DOMA, Law, Marriage, Politics, Prop 8, Same Sex Marriage, Supreme Court | Comments (4)

March On!

March 28, 2013 – 6:00 pm

National Organization for Marriage

Dear Marriage Supporter,

This week, we started something BIG… but we're only getting started!

Click here right away to sign NOM's Marriage Petition to the Supreme Court!

On Tuesday, thousands of people rallied in Washington DC, marching in front of the Supreme Court in support of the true definition of marriage: the exclusive and faithful union of one man and one woman!

NOM brought together a coalition of over 40 groups in support of this effort and it has already made a tremendous impact! We met our opponents on the street in front of the Supreme Court, but thanks to the brave individuals who came out in support of marriage on Tuesday, the UK Daily Mail was able to report that we "easily outnumber[ed] advocates for gay marriage."

See for yourself what an incredible gathering this was by clicking here:

Of course, it took an international newspaper to report these facts.

But you can see the truth for yourself here:

And even on the day of the March, new supporters came on board to voice support for our efforts: right up to the Vatican itself! In a statement from Archbishop Vincenzo Paglia, President of the Pontifical Council for the Family, the diversity of ethnicities and faith backgrounds that made up our March was both highlighted and applauded!

This is just one more sign of the incredible momentum the movement to defend marriage is generating world-wide!

Supporter, we will NOT be silenced! I'm proud that NOM can represent your voice and your values despite the efforts of a small, vocal and elite minority to silence us.

We must continue fighting for marriage. Tuesday was not a end in itself… it was just the beginning!

Please continue standing for marriage as we gather as many signatures as we can to present to the Supreme Court in advance of their rulings in the Prop 8 and DOMA cases.

Click here to sign our petition to the Supreme Court today!

May God bless you this Holy Week!

By Brian Brown | Posted in Alerts, March for Marriage, Same Sex Marriage, Supreme Court, Washington DC | Comments Off

Eastman: DOMA Does Not Violate Due Process

March 27, 2013 – 11:30 am

Dr. John Eastman, NOM's Chairman, is inside the Supreme Court again today for the oral arguments in the Defense of Marriage Act cases.

Today he explains in US News & World Report why DOMA isn't mandated by the Due Process clause:

Those seeking to redefine marriage into a genderless institution must be pessimistic about their chances before the Supreme Court, because they are doing everything they can to prevent the Court from deciding whether the traditional definition marriage, as expressed in the Defense of Marriage Act, is unconstitutional. The Department of Justice refused to defend the statute, despite the fact that it was overwhelmingly passed by bipartisan majorities in Congress and signed into law by President Clinton just a decade and a half ago. It now seeks to prevent the House of Representatives from defending the statute, so that the Court would not even have jurisdiction to hear the case.

But existing precedent is pretty clear—the Department can't deprive the Supreme Court of jurisdiction merely by refusing to do its duty and defend an Act of Congress; in such circumstances, Congress itself can intervene to defend a statute it passed.

By NOM Staff | Posted in DOMA, Law, Marriage, Same Sex Marriage, Supreme Court | Comments Off

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

March 26, 2013 – 8:30 pm

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

"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.

###

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).

By NOM Staff | Posted in March for Marriage, Press Releases, Prop 8, Same Sex Marriage, Supreme Court, Washington DC | Comments Off

VIDEO: Recap of the March for Marriage

March 26, 2013 – 7:45 pm

Watch the video recap of the March for Marriage!

Update -- video now fixed:

By NOM Staff | Posted in DOMA, March for Marriage, Prop 8, Same Sex Marriage, Supreme Court, Washington DC | Comments Off

Video: Brian Brown on FoxNews Previewing Supreme Court Showdown

March 26, 2013 – 12:00 pm

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:

By NOM Staff | Posted in California, DOMA, Marriage, Prop 8, Same Sex Marriage, Supreme Court | Comments Off

NOM at the 2013 March for Marriage!

March 26, 2013 – 9:00 am

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!

By NOM Staff | Posted in March for Marriage, Prop 8, Same Sex Marriage, Supreme Court, Washington DC | Comments Off

Can't Wait To See You Tomorrow!

March 25, 2013 – 3:23 pm

National Organization for Marriage

Dear Marriage Supporter,

We march tomorrow! I look forward to being able to stand with you in this historic demonstration. Thank you so much for your dedication to marriage.

Please be sure to double-check www.marriagemarch.org for a copy of our map and schedule to bring along with you tomorrow to DC.

As you may know, just yesterday approximately 1.4 million French citizens marched in Paris to demonstrate their support for marriage as the union of one man and one woman — the SECOND time this year that more than one million people have gathered to stand for marriage in Paris!

What you may not know, is that NOM's marriage march video was shown to the crowds there, and that one of our speakers — Professor Robert Oscar Lopez — was on hand to tell the French marriage heroes about our own upcoming March. Here's what one of the attendees in Paris, a French-American woman, emailed us last night to say:

This pro-marriage movement is growing slowly but surely with people involved, from various ways of life, political backgrounds and associations. The special TGV train reserved for the event, from the cities of Toulon and Marseille, was sold out (1200 seats). Many large families were able to go thanks to donations made by families living much nearer to the capital.

We stood massed along the avenue de la Grande Armée, as well as several other adjacent avenues for nearly three hours....

I was in tears to see the witnessing of one of my American compatriots, the last speaker [Prof. Lopez] who announced the upcoming Marriage March in Washington on March 26th, and the short announcement film for the march was seen by over a million French! The applause and cheering was astounding!

I hope this makes you as excited for tomorrow as it makes me. And it might help to watch our March video again, too:

I can't wait until tomorrow to be a part of this growing international movement to defend marriage. And I can't wait for you to join us!

See you at the March!

By Brian Brown | Posted in Alerts, March for Marriage, Same Sex Marriage, Supreme Court, Washington DC | Comments (11)

Only 12 Hours Left!

March 25, 2013 – 12:40 pm

National Organization for Marriage

SPECIAL NOTE: If you are attending the March, please make sure you have looked over the map of the march route and the schedule!

Dear Marriage Supporter,

We're only one day away from our historic March for Marriage.

And that means we only have 12 hours left to raise the remaining $40,000 toward our $500,000 matching gift goal.

We're so close to reaching our goal!

If you donate immediately, your contribution will automatically DOUBLE, maximizing the impact of your gift for the defense of marriage.

Will you please click here to make an urgent donation of $50, $100, $500, or $1,000 or more knowing that every dollar you give for marriage will be doubled to fund the March and the defense of marriage all across the country?

Can I count on your help in this critical hour?

By Brian Brown | Posted in Alerts, March for Marriage, Same Sex Marriage, Supreme Court, Washington DC | Comments (15)

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

March 25, 2013 – 9:00 am

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)

By NOM Staff | Posted in California, Law, Marriage, Prop 8, Same Sex Marriage, Supreme Court | Comments (10)

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

March 15, 2013 – 12:30 pm

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."