Dear Marriage Supporter,
Yesterday's ruling from the Ninth Circuit Court of Appeals in San Francisco was truly astonishing: Proposition 8—and by implication the marriage laws at the federal level and in 43 states—is unconstitutional.
Even while pretending their ruling was a “narrow” decision, these judges effectively decreed themselves to be the supreme overlords of the people, invalidating the votes of over 7 million Californians and declaring that they, the vaunted elite in black robes and cloaked with lifetime tenure, will decide what marriage means in California and the nation.
I don't know about you but my blood is boiling!
Not only must our founding fathers be rolling over in their graves with the preposterous notion that marriage is unconstitutional, but the ruling is an affront to the millions of Americans—the vast majority of the nation—who recognize that man does not have the right to redefine marriage. After all, how can federal judges redefine something that man didn't create?
If there is any good news, it's this: the Ninth Circuit Court of Appeals is the most overturned court in the nation, and the author of the marriage opinion, Stephen Reinhardt, is the most overturned judge in the country. And even this court, the most liberal in the land, couldn't muster a unanimous ruling—the court was sharply split in a 2-1 ruling. It's almost as if even they couldn't deliver the ruling with a straight face.
We have to fight this outrageous ruling! Will you help us now?
America is supposed to be a nation where the rule of law prevails. Until this case yesterday, no federal appeals court had ever declared that marriage is unconstitutional. To justify its outrageous opinion, the Ninth Circuit had to totally ignore binding U.S. Supreme Court precedent that state laws like Proposition 8 defining marriage as the union of one man and one woman do not violate the US Constitution.
The two judges who formed the majority opinion dismissed this precedent with a mere mention in a footnote because it inconveniences their radical judicial activism.
The judicial overlords on the Ninth Circuit have come to the amazing conclusion that once a court has imposed same-sex marriage on a state—as the California Supreme Court did in 2008 in a hotly-contested 4-3 ruling—the voters of that state are powerless to do anything about it. Maybe these activist judges think they are above the law, but we don't!
In America, the people are sovereign, not elitist federal judges with their Hollywood values and lifetime tenure. Nobody is above the law, and it's time we reminded them of that fact!
Let me be clear—I am upset about this decision, but it is not unexpected. In fact, I have been expecting this since the very first Prop 8 hearing in the San Francisco courtroom of Judge Vaughn Walker. From the very beginning, Walker's bias against Prop 8 was evident. Ruling after ruling went against us, despite the evidence and legal precedents. Three times the backers of Prop 8 had to appeal Walker's orders, once all the way to the US Supreme Court where they won a key reversal.
Make no mistake about it—yesterday's ruling will also be reversed by the Supreme Court. I believe that God will stand by those who stand by His design for marriage. We have to do our part to get the case to the Supreme Court, where we can win the ultimate victory to preserve Prop 8 and traditional marriage across the land.
Your donation is tax-deductible and will be kept confidential. Whether you can give $10,000, $1,000, $100 or $10, we need your help today! Every penny you give will go directly toward the Prop 8 legal expenses.
Will you help us?
The legal costs of defending Proposition 8 exceed $10 million. NOM has contributed hundreds of thousands directly, and helped raise additional funds, but we must do more. It's going to cost several hundred thousand dollars just to ask the Supreme Court to take this case.
NOM is committed to raising $100,000 in the next week to support the defense of Proposition 8. But we can't do it without you. We're stretched incredibly thin with marriage fights in Congress and in numerous states—New Hampshire, Rhode Island, New Jersey, New York, Minnesota, Maryland and Washington state. It's almost overwhelming.
But we must step up and make sure that the outstanding legal team fighting for Prop 8 and traditional marriage across the country have the resources to win the battle. We are counting on you to help us help preserve marriage as God Himself designed it—the union of one man and one woman.
Together, we will prevail. Please help us right now.
Brian S. Brown
NOM Education Fund
P.S. Please do not delay. We need the funds right away to fund an immediate appeal to the United States Supreme Court. We have 7 days to raise as much money as we can. WE CAN WIN THIS FIGHT! But only if you stand with us.
Please stand by us in this fight by making an urgent, online, tax-deductible gift to the NOM Legal Defense Fund today.