Brian Brown appeared on the Mike Huckabee Show last week discussing the Supreme Court and the mutually-exclusive legal arguments for same-sex marriage:
Brian Brown makes his predictions:
"Almost everyone on both sides agrees that the [Supreme] Court is going to take the DOMA cases and we believe, we're confident, the court is going to take the [Prop 8] Perry case. I think ultimately [the Court] will rule in our favor, in favor of the voters of California and the majority of states that have voted to protect marriage, the overwhelming majority, and in favor of the Constitution as it's clearly written. There is no constitutional right, our Founders did not create some sort of constitutional right to redefine marriage and I think the Court's going to rule that way."
Brian Brown's take on the mutually exclusive legal arguments behind same-sex marriage:
"On the attempt to overturn DOMA [our opponents] are arguing that states like Massachusetts that have passed same-sex marriage, that somehow that preempts Congress from defining marriage as the union of a man and a woman and that because the states define [marriage] the federal government has to recognize that. So they're essentially making a strange states rights' argument, but the federal government and our duly-elected representatives don't have a right to define marriage. On the other hand, they're arguing in the Perry case, the Proposition 8 case, that not only does the government have a right to define marriage -- there's an obligation in the U.S. Constitution to recognize and redefine marriage as same-sex marriage.
So on the one hand they're arguing the U.S. Constitution demands same-sex marriage, it's the federal government that has to redefine marriage throughout the country and overturn all of these laws that have been passed overwhelmingly in these 30 states through Constitutional amendments and 10 other states through statute ... and in the DOMA case it's arguing no, no, it's a states' issue.
So they're trying to argue two different things and I think that's why taking all the cases all at once will expose all of the sort of hypocrisy going on in these two very different and mutually exclusive arguments they're making."