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Category Archives: Supreme Court

Neil Gorsuch Delivers


Decisions of the US Supreme Court announced this week establish without question what an amazing contribution that newly confirmed justice Neil Gorsuch will make to the Court, potentially for decades to come. NOM went all in to fight for Justice Gorsuch's confirmation, and our confidence in him was validated this week.

Consider:

  • Gorsuch was part of the majority in the Trinity Lutheran case which held that states may not arbitrarily deny churches access to public funds they make available to other nonprofit groups. Moreover, he wrote a separate opinion in the case forcefully arguing for a proper understanding of, and respect for, true religious liberty, which is the guarantee to freely exercise one's religious beliefs, not merely hold such beliefs. This understanding of religious liberty is a critical factor in stopping the discrimination that people of faith are routinely facing because of their beliefs about marriage and other issues.

  • Justice Gorsuch dissented in a case where the majority of the Court decided to force the state of Arkansas to list a non-biological LGBT parent on a child's birth certificate. The majority of the Court relied on the Obergefell decision redefining marriage. That Justice Gorsuch was interested in a full hearing and argument of the Arkansas case where the reliance on Obergefell could be challenged is very encouraging.

  • Finally, with Justice Gorsuch now on the bench, the US Supreme Court has granted review in a critical religious liberty case with far-reaching implications for every person who believes that marriage is the union of one man and one woman. The state of Colorado has punished Christian baker Jack Phillips, owner of Masterpiece Cakeshop, for refusing to use his artistic talents to support a gay "wedding" because doing so violates his faith. This case will offer a tremendous opportunity to stop the ongoing governmental persecution of anyone who does not endorse the LGBT agenda.

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While a relative small number of decisions by a justice does not necessarily signal how the justice will rule on other important cases, the actions of Justice Gorsuch thus far gives us great confidence that he has the integrity and the courage to reverse the illegitimate Obergefell decision redefining marriage should such an opportunity come before him.

And such an opportunity could very well come before him sooner rather than later.

While Justice Anthony Kennedy did not announce his resignation from the Court as many had speculated he would do, he or any of the other justices who imposed gay 'marriage' on the nation could retire at any time. And when they do, we will need to fight for the appointment of a Gorsuch-like replacement, someone who is committed to reading the constitution as it was originally constructed, and not reconstructing the meaning of the constitution to suit a personal agenda.

We're very proud of Justice Gorsuch, and we hope you are pleased that NOM fought so hard for his confirmation. If you share our views, please consider making a financial contribution to support our work Your gift of $25, $35, $50, $100, $250 or $500 or more will go a long way to ensuring that we can continue to fight for conservative, "originalist" judges in the federal courts.

Summer is the slowest time of year for fundraising, which creates challenges for our finances. Please support NOM today with a generous gift. Thank you.

Faithfully,

Brian S Brown

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We Wish You A Blessed Easter


As we approach the Easter holiday, it's a good time to pause and take stock in the year thus far. It's been a busy first few months for all of us at NOM, one filled with many great victories and important accomplishments, and a few disappointments as well.

The election of Donald Trump has turned our political system upside down, as the policies of the left that were so aggressively pursued by Barack Obama are now being unwound. We are working to encourage the Trump administration to pursue pro-family, commonsense policies, and we've been pleased with many of the President's actions including his reversal of Obama's illegal transgender bathroom edict that was forced on children in the nation's public schools.

But we also are committed to holding President Trump accountable, and did so when he erroneously said that the redefinition of marriage was "settled law." We know, and you do as well, that the illegitimate, anti-constitutional ruling of the Supreme Court redefining marriage is far from settled, and we will never rest until that injustice is corrected.

We also are continuing to press President Trump to fulfill his repeated campaign promises to protect the religious liberty of people of faith. He should issue an executive order to do so, and a video we produced urges him to do just that.

The past couple of weeks brought us two major developments. First, our #FreeSpeechBus tour was a tremendous success in highlighting the truth of gender, that it is based on biology not emotions, and showcasing the ugly intolerance of those who falsely assert that gender can be changed to suit desires and feelings. Our team worked very hard to highlight these issues, and had to contend with violent protestors, property damage, physical confrontations and even assaults. We are so fortunate to have such a dedicated team who have the courage to speak truth to power.

The second big development, of course, was the confirmation of Justice Neil Gorsuch to the US Supreme Court. A proven pro-family conservative, Justice Gorsuch will admirably fill the shoes of the late Antonin Scalia, and continue his intellectual and principled defense of the constitution and a judicial philosophy of originalism and textualism. With Justice Gorsuch on the Court, we are likely just one vote away from restoring marriage to our nation's laws. Whenever the next opening on the Court occurs, NOM will be there fighting for a conservative justice just as we did in fighting to secure the confirmation of Justice Gorsuch.

We have accomplished a great deal together this year, but there is a great deal more that we must address. Next week we will be announcing a critically important fundraising push to help ensure that we can recoup the resources we've expended during this frenetic first few months of the year, and secure the funds we need to be effective going forward.

In the meantime, we hope you have an opportunity to take a break and spend time with your family this week in prayer and reflection. The resurrection of Christ is the most consequential event in all of human history. It's what gives us hope, what gives us strength. We have read the book, and we know how this all ends. We're on the right side of history when it comes to fighting for our issues, and we're on the right side of eternity as well.

We wish you and your family a blessed Easter.

Faithfully,

Brian S Brown


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Neil Gorsuch Sworn in as Associate Justice of US Supreme Court


Marriage Supporter — In both a private swearing in at the US Supreme Court building, and in a public Rose Garden ceremony at the White House, Neil M. Gorsuch became the 113th Justice of the United States Supreme Court this morning. He swore his oath on a family bible with his wife, Louise, and his two children at his side.

In the private swearing in conducted by Chief Justice John Roberts, Gorsuch was accompanied by Maureen Scalia, widow of the late Justice Antonin Scalia whom Justice Gorsuch replaces, along with Eugene Scalia, one of the late justice's children. The public ceremony was officiated by Justice Anthony Kennedy, for whom Gorsuch once served as a law clerk, and attended by President Donald J. Trump.

It is an amazing day to see this giant of the law and proven pro-family conservative confirmed to our nation's highest Court. You should be proud of the role that you and thousands of NOM members played in helping secure Justice Gorsuch's confirmation.

NOM did everything we could, and expended substantial funds, to promote the confirmation of Justice Gorsuch, and it's incredibly rewarding to savor this victory. But we cannot rest on this accomplishment and must ready ourselves for battles that are already taking shape.

But first, we need to replenish our resources so that we are once again in a strong position. That's why I am asking you make a generous financial contribution today so that we have the funds needed to be successful in meeting new challenges and taking advantage of new opportunities.

I'll donate $15 today to ensure NOM is ready for what's next

I'll donate $25 today to ensure NOM is ready for what's next

I'll donate $50 today to ensure NOM is ready for what's next

I'll donate $75 today to ensure NOM is ready for what's next

I'll donate $100 today to ensure NOM is ready for what's next

I'll donate $250 today to ensure NOM is ready for what's next

I'll donate $500 or more today to ensure NOM is ready for what's next

It was just a few months ago that the media was telling us we'd never experience what we are experiencing today. That's because Hilary Clinton was supposed to have been elected, according to all the media pundits, and we were in store for years of more uber-liberal judicial appointments.

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Instead, Justice Gorsuch is the first of what could be several conservative appointments to the US Supreme Court from President Trump. The next nomination could come in just a matter of months. Justice Gorsuch was one of several judges on a list of conservative jurists from which President Trump has pledged all his picks will come. If that holds true — and we believe it will — it is possible that in short order we could have a majority of judges on the Court who would reverse the illegitimate Obergefell ruling redefining marriage.

We need to be ready to fight for a conservative justice to be nominated when the next Supreme Court vacancy arises. That's why it is imperative that we raise the funds needed today to replenish our coffers after the Gorsuch confirmation, and to have the resources in hand to fight for all our issues, whether they play out in Congress, in state legislatures, in the courts or in the court of public opinion.

Please act today with your most generous gift possible. Whether you can give $5 or $500 or more, please show your support at this critical time. Every gift matters, and is much appreciated.

Faithfully,

Brian S Brown


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BREAKING: We did it! Neil Gorsuch Confirmed to US Supreme Court


Marriage Supporter — I've got some great news -- Neil Gorsuch has just been confirmed by the Senate as the newest member of the US Supreme Court!

We did it! Thanks to you and so many NOM members and conservative activists across the country, Senate Majority Leader Mitch McConnell was able to muster the votes to change Senate rules to allow the Gorsuch confirmation to move forward, and Justice Gorsuch won a bipartisan majority. He now will join the Supreme Court as a worthy successor to the late, great Antonin Scalia.

This development is a huge boost for NOM and for the prospects of restoring true marriage to our nation's laws by reversing the illegitimate, anti-constitutional Obergefell ruling of 2015 redefining marriage. Justice Gorsuch shares Justice Scalia's judicial philosophy and we are confident he will rule to overturn the illegitimate marriage decision.

That means we are likely only one vote short of reinstating marriage in our nation, with rumors flying that another Court vacancy could occur soon with the retirement of one of the justices who voted to redefine marriage!

I am so grateful to the nearly 10,000 NOM members who grabbed an oar and actively worked with us to support Justice Gorsuch's confirmation. Please join me in praying for him, and for all the judges on the Supreme Court, that they be given wisdom and discernment to rule on cases based on the law and the constitution as it exists, not based on their own personal opinion of what the law and constitution should be.

This great victory shows what we can accomplish together. I look forward to many more victories this year, and in years to come!

Faithfully,

Brian S Brown


PS – Our push for the confirmation of Justice Gorsuch made a real difference, but has depleted our funds. Please make a financial contribution today to help us replenish our coffers. Thank you.

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Tell Your Senators To "Go Nuclear" To Confirm Judge Neil Gorsuch


Marriage Supporter — Judge Neil Gorsuch is one of the most qualified, accomplished judges ever to be nominated to the US Supreme Court. The legal community, including the American Bar Association, has resoundingly praised his intellect, temperament and judicial record. Despite this, Democrats have pledged to mount a partisan filibuster to deny him confirmation, the first time in the history of the nation that the filibuster has been used in a partisan manner to derail a Supreme Court nomination. That is why it is time for the US Senate to change the rules, invoking the so-called "nuclear option" so that Supreme Court nominees are confirmed on a straight up or down vote, just as judicial nominees to lower federal courts are confirmed.

Please act today to urge your US Senators to vote to change the rules so that Judge Gorsuch is confirmed to the Supreme Court.

Judge Neil Gorsuch is an extraordinary nominee to our highest Court, an intellectual giant and a proven pro-family conservative. It is imperative that he be confirmed to our highest Court.

We are very pleased with the outstanding leadership that Senator Mitch McConnell has exhibited in managing the Gorsuch confirmation. He has tried his best to develop a bi-partisan coalition in support of Judge Gorsuch – and three Democrats have said they will vote to confirm him. But because of the partisan intransigence of so many Senate Democrats and their commitment to mount the first ever partisan filibuster of a Supreme Court nominee, Senator McConnell must now move forward to lead the Senate in changing its rules so that Gorsuch, and all future Supreme Court nominees can be confirmed on a straight majority vote.

The Gorsuch confirmation vote is scheduled for Friday. It's imperative that Senator McConnell and every sitting Senate Republican know that you want Judge Gorsuch confirmed to the US Supreme Court. That's why I am asking that in addition to contacting your Senators, please urgently sign NOM's petition. Senator McConnell will be immediately notified that you are in his corner in urging the confirmation of Judge Gorsuch.

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As you know, the path to reversing the illegitimate, anti-constitutional ruling of the Supreme Court redefining marriage begins with the confirmation of Judge Gorsuch. Please sign our petition adding your name in support of confirming Judge Gorsuch to the Supreme Court.

Faithfully,

Brian S Brown


PS – After you contact your US Senators to urge them to support Judge Gorsuch, then sign our petition adding your name urging Senator McConnell and his Republican members to "go nuclear" to secure Judge Gorsuch's confirmation. Thank you!

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Neil Gorsuch Is A Judicial Star



Marriage Supporter,

To say that Donald Trump has hit a home run with his nomination of Judge Neil Gorsuch to the US Supreme Court is an incredible understatement. From every indication, Judge Gorsuch is an intellectual giant and proven pro-family conservative who can help transform the Court. At the age of 49, he has the potential of leading the Supreme Court in a conservative direction for a generation to come.

I hope you have taken action to support Judge Gorsuch's nomination to the Supreme Court by signing our petition urging Senate Majority Leader Mitch McConnell to move quickly to confirm Judge Gorsuch so that he can begin to transform our highest court from an activist judiciary to one that respects the plain reading of the constitution and faithfully applies our laws.

I want to make sure that you have a good understanding of Judge Gorsuch's qualifications, demeanor and judicial philosophy, and understand what an incredible choice he is for the Supreme Court.

First of all, Judge Gorsuch is a loving husband and devoted father. He and his wife, Louise, were college sweethearts, having met at Oxford University. They have two daughters, both teenagers, and they live in Neil's home town of Boulder, Colorado. He is an outdoorsman, hiker, skier and fisherman. The family has a small homestead and raise horses, chickens and goats.

The judge is a man of deep Christian faith. Gorsuch has served as an usher at his church, while his wife frequently leads the intercessory prayer and reads the weekly scripture. His daughters have both served as acolytes.

While Judge Gorsuch's traditional and conservative faith is certainly important in his life, his judicial philosophy is as a constitutionalist and textualist and he has assiduously avoided allowing his own personal opinions to color his judicial interpretation of what statutes and the constitution actually provide. This is very much in line with Justice Scalia's approach to the law.

Judge Gorsuch has never ruled directly on the question of whether the US constitution compels every state in the nation to license same-sex 'marriages,' but he has spoken out quite critically of liberals using the courts, rather than the democratic process, to advance their agenda, specifically criticizing their push in the courts for gay 'marriage.' This gives me great hope that he would reverse the Obergefell decision redefining marriage if given the opportunity.

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There are other indications that at his core Judge Gorsuch is a true conservative. As a student at Columbia, Gorsuch co- founded a conservative newspaper (The Federalist) and magazine (The Morningside Review) to counter the predominance of liberal political views on campus. He reportedly personally penned an article in defense of conservative political philosophy.

Judge Gorsuch has also established himself as a principled voice in support of life, particularly in the context of opposing assisted suicide and euthanasia, writing that human life is intrinsically valuable and that intentional killing is always wrong. This gives pro-life advocates strong encouragement that Gorsuch would reverse Roe v Wade if given the opportunity.

In 2006, Mr. Gorsuch was appointed by George W. Bush to the Court of Appeals for the 10th Circuit, and he was unanimously confirmed by the US Senate in a voice vote. While on the Court of Appeals, Mr. Gorsuch distinguished himself as a reliably conservative justice even in the face of withering advocacy by the media and the left. For example, in the area of religious liberty, he ruled in two high-profile cases (Hobby Lobby and Little Sisters of the Poor) that the Obama administration could not force employers with strong religious views to violate their faith beliefs.

Judge Gorsuch has a brilliant mind and is a deep thinker, an intellectual with a flair for the written word to express his impeccable reasoning. He is a graduate of Columbia, Harvard Law School (where he was a classmate with Barack Obama) and Oxford University (which I attended as well, though not while Mr. Gorsuch was a student). While at Oxford, he studied under the legendary natural law legal philosopher John Finnis. The scholarly book he wrote condemning assisted suicide was published by Princeton University Press as part of a book series edited by our great friend and supporter, Professor Robert P. George (himself a student and disciple of Finnis).

Because of his intellectual gravitas and formidable writing skills, Judge Gorsuch will likely play an outsized role on the Supreme Court, again, very much in the mold of Justice Scalia. Like Scalia before him, he also can be expected to inspire a whole new generation of conservative scholars and lawyers to understand the importance of upholding the plain meaning of the constitution and our statutes, rejecting the incessant invitation of liberals to "interpret" them so as to advance a particular agenda.

In sum, Judge Neil Gorsuch is an extraordinary nominee to the US Supreme Court. We have confidence that he will be a proud and effective heir of Justice Scalia's enormous legacy, someone deeply committed to applying the text and original meaning of the constitution to the questions at hand. This gives us great hope that he will vote to reverse the anti-constitutional, illegitimate ruling of the Court imposing gay 'marriage' on the nation, and restore marriage to our nation's laws.

Please act today to support the confirmation of Judge Neil Gorsuch.

Faithfully,

Brian S Brown


PS — It's important that Senate Majority Leader Mitch McConnell hear from every NOM member that we stand in support of Judge Gorsuch and call on the US Senate to expeditiously confirm his nomination to the US Supreme Court. Please sign our petition today.

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Help Put a Solid Constitutionalist on the Supreme Court!



Marriage Supporter,

President Trump has announced that he is nominating Justice Neil Gorsuch to the US Supreme Court. NOM is in full support of Justice Gorsuch's nomination to our highest Court. He will serve the nation with distinction and will be a strong constitutionalist on the Supreme Court in the mold of the late Justice Antonin Scalia, whom he will replace.

Please sign our petition to Senate Leader Mitch McConnell urging him to move forward aggressively to confirm Justice Gorsuch to the US Supreme Court. It's imperative that Senator McConnell hear from NOM's members right away so that he knows there is strong grassroots support for Justice Gorsuch.

We will be sending a detailed analysis of Justice Gorsuch's record in the next few days, but the very fact that he was a prominent member on the list of potential judges Mr. Trump pledged to consider speaks volumes already. NOM's Chairman, Dr. John Eastman, was involved with other leading conservative lawyers, in suggesting names that Mr. Trump should consider. The list from which Justice Gorsuch was chosen is an extraordinary group of individuals with conservative, originalist judicial philosophies, individuals committed to assessing cases based on what the constitution actually says, rather than legislate from the bench and "interpret" the constitution to mean something the judge wishes it said. Such judicial activism is at the root of both the Obergefell decision redefining marriage, and Roe v Wade inventing a constitutional "right" to abortion.

Judge Gorsuch recognizes these things, as attested in a piece he wrote for National Review Online in February, 2005 entitled "Liberals & Lawsuits," which reads in part:

But rather than use the judiciary for extraordinary cases [...], American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda on everything from gay marriage to assisted suicide to the use of vouchers for private-school education.

Let's make an all-out push to confirm Justice Gorsuch to the US Supreme Court, starting with signing our petition today. Once Justice Gorsuch is confirmed, we will be just one more appointment away from having a majority of constitutionalists on the Court, just one case away from restoring marriage to our nation's laws.

Please act today to help reclaim the US Supreme Court by signing our petition.

Faithfully,

Brian S Brown


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NOM Brief in Gloucester County School Board v. G.G.

CLICK HERE TO READ AT SCRIBD

NOM Endorses Dr. John Fleming for US Senate in Louisiana

FOR IMMEDIATE RELEASE: October 14, 2016
Contact: Joseph Grabowski (202) 457-8060 x-110 | jgrabowski@nationformarriage.org


"John Fleming has been a champion for marriage, religious liberty, life and family values his entire career in Congress. He's a proven leader, a true champion, and an honorable man." - Brian Brown, NOM President

nom_logoWashington, D.C. – The National Organization for Marriage (NOM) today announced it has endorsed Dr. John Fleming for US Senate in Louisiana, calling him a "true champion" in support of marriage, life, religious liberty and parental rights.

In an endorsement video released today, NOM's president Brian Brown said, "John Fleming has been a champion for marriage, religious liberty, life and family values his entire career in Congress. He’s fought for a constitutional amendment to protect marriage, and for the sanctity of human life; stood for religious freedom and parental rights; worked to promote fatherhood and encourage fathers to take responsibility for their children; and championed a national day of prayer. He's a proven leader, a true champion, and an honorable man."

 

NOM's endorsement video pointed out that the next Senator from Louisiana could cast the deciding vote on the confirmation of US Supreme Court justices and potentially decide the future direction of the Supreme Court, making it one of the most consequential votes in history.

Brown said, "We can count on Dr. John Fleming to make sure that only conservative justices like Antonin Scalia are confirmed to the Court, people who are committed to upholding the constitution. We cannot allow the policies of Barack Obama to live on for decades through an activist Supreme Court controlled by liberals."

NOM said it would distribute its endorsement video to supporters across the country and encourage them to contribute to support Fleming’s election. Dr. Fleming is seeking the seat of retiring Senator David Vitter. The top two candidates in November will advance to a run-off in December.

# # #

To schedule an interview with Brian Brown, please contact:
Joseph Grabowski, jgrabowski@nationformarriage.org, (202) 457-8060 x-110.

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.

2016 March for Marriage Set for June 25 in Washington, DC

FOR IMMEDIATE RELEASE: June 8, 2016
Contact: Joseph Grabowski (202) 457-8060 x-110 | jgrabowski@nationformarriage.org


March Will Protest Supreme Court Gay ‘Marriage’ Decision and Obama Transgender Decrees; Call on Congress to Enact Legal Protections

nom_logo

Washington, D.C. – The National Organization for Marriage (NOM) today announced that the 2016 March for Marriage has been scheduled for Saturday, June 25th in Washington, DC. Marchers will walk from the US Capitol building to the US Supreme Court. Tens of thousands of people have attended previous marches in support of traditional marriage.

“The Supreme Court’s Obergefell ruling redefining marriage will go down as one of the most infamous, illegitimate rulings in the Court’s history, along the lines of their decision in Dred Scott to sanction slavery,” said Brian Brown, NOM’s president. “The narrow 5-4 majority ignored precedent and invented a constitutional ‘right’ to gay ‘marriage’ so that these activist judges could impose their own values on the nation. In the process, they stripped over 50 million voters and countless legislators in states across America of their sovereign right to define marriage as the union of one man and one woman.”

Supporters of marriage are urged to attend the March from all across the country. More information including a route map and schedule is available at www.marriagemarch.org.

Brown noted that it didn’t take long following the Supreme Court’s redefinition of marriage for LGBT activists and their chief ally President Obama to push the next element of their agenda – transgender bathroom rules. “The LGBT extremists and the Obama administration are attempting to defy human nature itself and declare that gender can be self-directed and chosen based on ‘identity,’” Brown said. “Obama is fighting to ensure that when someone chooses to declare an identity different from reality, such as a man claiming to be a woman, all of society will be expected to bow in compliance and succumb to every demand, including allowing men into private facilities like restrooms and showers reserved for girls and women. It’s outrageous and it must be stopped.”

NOM is also a strong supporter of the First Amendment Defense Act (FADA) to provide legal protections for supporters of marriage, protecting them against governmental discrimination. The proposal (HR 2802/S.1598) has 170 sponsors and co-sponsors in the House and 38 in the Senate, but has not been scheduled for a hearing. Encouraging support for this measure is another goal of the March for Marriage this year.

“It’s time that Congress pass the First Amendment Defense Act so that people of faith do not have to worry about choosing between protecting their livelihood and upholding their beliefs about marriage,” Brown concluded.

# # #

To schedule an interview with Brian Brown, please contact:
Joseph Grabowski, jgrabowski@nationformarriage.org, (202) 457-8060 x-110.

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.

Sen. Ted Cruz Writes: No Obama Nominee To Court Will Be Considered By Senate

In a strong op-ed to the Wall Street Journal, Sen. Ted Cruz has laid out a powerful case why President Obama's expected nominee to the Supreme Court should not be confirmed by the US Senate. Instead, the nomination  of the next Justice should wait until the People have a say through the election of the next president.

In the op-ed, Cruz points out what is at stake with the appointment of the next Supreme Court Justice. He predicts that an Obama nominee will subscribe to the president's view that the constitution is a "living document" and should evolve with the times. As such the Second Amendment could be eviscerated in terms of individual gun rights, as would key elements of the First Amendment, and we will have a series of illegitimate decisions that invent "constitutional rights" such as those that redefined marriage and created a right to abortion.

Senator Cruz lays out a compelling historical case against the Senate moving a nominee forward in the final year of a lame-duck president. Cruz noted that you have to go back to 1888 to find a circumstance where the Senate controlled by the party opposite the president confirmed a Supreme Court nominee this late in a presidential term. He notes that then-Senator Obama held a similar view that a justice should not be confirmed under these circumstances, as did Joe Biden when he chaired the Senate Judiciary Committee, as did Harry Reid the current Democratic leader in the Senate and Chuck Schumer the incoming Democratic leader.

NOM has endorsed Senator Cruz for president because he is a champion for marriage and because he, better than any other candidate, knows the importance of making Supreme Court appointees. Not only did Cruz serve as Solicitor General of Texas and personally argue numerous cases before the US Supreme Court, but he was once a clerk to then-Chief Justice William Rehnquist and knows the workings of the Supreme Court intimately.

The Great Heart of Antonin Scalia

Many thanks to NOM friend Ed Whelan for passing along this beautiful piece by Jeffrey Tucker that gives us a glimpse of the heart of Antonin Scalia -- not as a jurist but as a human being. Tucker writes:

It was a spring afternoon some years ago, and he was attending church services, sitting in a back pew, holding his prayer book in his hands. The Mass had ended and most people had gone. He was still saying prayers, alone in the back pew.

He finally got up and began to walk out. There were no reporters, nobody watching. There was only a woman who had been attending the same services. She had no idea who he was. I was a bystander, and I’m certain he didn’t know I was there.

What was a bit unusual about this woman: she had lashing sores on her face and hands. They were open sores. There was some disease, and not just physically. She behaved strangely, a troubled person that you meet in large cities and quickly walk away from. A person to avoid and certainly never touch.

For whatever reason, she walked up to Justice Scalia, who was alone. He took her hands, though they were full of sores. She leaned in to say something, and she began to cry.

He held her face next to his, and she talked beneath her tears that were now streaming down his suit. He didn’t flinch. He didn’t try to get away. He just held her while she spoke. This lasted for perhaps more than 5 minutes. He closed his eyes while she spoke, gripping her back with his hand.

He didn’t recoil. He stood there with conviction. And love.

There were no cameras and no other onlookers besides myself, and he had no idea I was there.

Finally she was finished. What he said comforted her, and she gained composure. She pulled away, ready to go. He held her rough, sore-filled hands and had a few final words that I could not hear. He gave her some money.

And then she walked away.

And then he walked away, across the green grass, toward the Supreme Court building, alone. He was probably preparing for an afternoon of work.

***
You can read Jeffrey Tucker's entire article here.

In Memoriam to Justice Scalia



Dear Marriage Supporter,

We all were shocked on Saturday to learn of the unexpected passing of Justice Antonin Scalia during a hunting trip in Texas. Justice Scalia was a giant of a man in every way. He was a faithful Catholic, loving husband and devoted father. As a lawyer and judge, his towering intellect helped shape the law and counter the unceasing pressure by liberal jurists to move the country to the left based on their concept of an "evolving" constitution.

While I didn't know Justice Scalia personally, I know some in his immediate family, including his son, Fr. Paul Scalia, a Roman Catholic priest who has been a strong and consistent ally in the fight for marriage. The Scalia family is a model for faith, love, togetherness and service. These are values instilled in the family by its patriarch, a genuinely good and decent man. Our prayers go out to the Scalia family.

Justice Scalia was often referred to as a conservative, but in reality he was a constitutionalist. He profoundly believed that judges were duty-bound to rule on cases according to the original intent of the constitution, not based on sympathies toward what a judge thought the law should be.

Justice Scalia was a fierce defender of traditional marriage and continually resisted his colleagues' various attempts to redefine marriage at the behest of gay activists. He did so not because the preferences of judges like Anthony Kennedy were opposite his own, but because it is incongruous to believe that the US Constitution somehow includes a fundamental constitutional right to gay 'marriage.' Scalia believed that marriage rests with the democratic process and not with judges imposing a particular view of the institution that aligns with the opinion of elite society, from which judges are selected.

Scalia used his immense intellect to craft his opinions in ways that would gather attention and resonate with the legal community, and the American people. And he issued clear and unmistakable warnings of the direction in which the liberal wing of the Court was determined to move the nation when it comes to sexual morality and marriage.

For example, when the majority of his colleagues, led by Justice Anthony Kennedy, ruled in Romer v Evans that the voters of Colorado could not prohibit the granting of special rights to homosexuals, Scalia took them to task for the abject lack of constitutional basis for the ruling. He reminded the Court that just ten years earlier in Bowers v. Hardwick they had ruled that there was no fundamental constitutional right for someone to engage in homosexual acts and that the constitution had not changed during the intervening decade. Despite this, the liberal Kennedy wing decreed that it is unconstitutional for voters to prevent special rights to be granted to gays and lesbians because doing so supposedly amounted to animus and discrimination, and that expressing moral disapproval of homosexual conduct was akin to racial and religious bigotry. To this, Justice Scalia chastised the majority for its utter lack of judicial basis: "The Court today… employs a constitutional theory heretofore unknown to frustrate Colorado's reasonable effort to preserve traditional American moral values…But the Court today has done so, not only by inventing a novel and extravagant constitutional doctrine to take the victory away from traditional forces, but even by verbally disparaging as bigotry adherence to traditional attitudes."

The constitutional battle over marriage and traditional American values came more clearly into focus in the case of Lawrence v Kansas, which revisited whether states could penalize people for engaging in homosexual conduct such as sodomy (which was at issue in the Bowers case years before). Once again, Justice Anthony Kennedy led the majority to strike down state laws penalizing sodomy, and once again Justice Scalia dissented — not because he personally favored penalties for homosexual conduct but because the US Constitution simply does not contain a fundamental right to homosexuality. Scalia skewered Kennedy and the majority for basing their decision not on the constitution but on the observation that the Bowers ruling had been repeatedly publicly criticized. If the existence of ongoing public criticism was the basis for constitutional law, Scalia pointed out that Roe v Wade should be overturned on the same basis.

In his dissent in Lawrence, Justice Scalia presciently warned that the ruling would inevitably lead to gay marriage and the striking down of laws against polygamy, bigamy, adult incest and bestiality because the Court was effectively banning states from considering the morality of sexual practices as an intrusion into the personal and private life of the individual. "[The Lawrence] opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned."

Keep in mind that Justice Scalia's warning about the undermining of the constitutional basis for preserving marriage was issued in 2003 at a time when not a single state in the US allowed gay 'marriage.' A year later, just as Scalia predicted would happen, Massachusetts became the first and the legal battle was on.

Obviously, Justice Scalia's warnings concerning marriage have come to pass. When Anthony Kennedy led another 5-4 majority to dismantle the federal Defense of Marriage Act in the Windsor case, Scalia again took the majority to task for ignoring the constitution. He went on to warn us that the next step would be to impose gay 'marriage' on the entire nation. The only thing that would prevent it, he promised, was the Court's own sense of what they could get away with. Indeed, last June another bare majority of the Court led by Anthony Kennedy decided they could get away with it and ruled to impose same-sex 'marriage' on the nation.

With Justice Scalia's sudden passing, selecting his replacement now becomes one of the central issues in the 2016 presidential election. Thank God that we were successful in impacting the 2014 elections because we were able to raise the resources needed to elect conservatives like Tom Cotton in Arkansas and Thom Tillis in North Carolina. Thanks to you, a conservative US Senate means we're now in a position to block the confirmation of any appointee that Barack Obama might put forward.

You can absolutely count on President Obama to do everything in his power to put a liberal judicial activist on the Court so that he can push the nation even further to the left. If that happens, it will be exceedingly difficult to revisit the marriage ruling, or to protect the right of states to limit abortion, or to fight against polygamy and adult incest, or to protect religious liberty. The appointment of the next Supreme Court justice has massive implications for virtually every issue that occupies current public debate — the right to bear arms, protecting our borders, the fight against terrorism, economic liberty, privacy and security, etc.

That is why we absolutely MUST elect a proven conservative champion as president who we can trust without question to appoint a constitutionalist like the late Justice Scalia. Sen. Ted Cruz is that candidate. A constitutional scholar and former US Supreme Court clerk and Solicitor General of Texas, Sen. Cruz has personally argued numerous cases before the US Supreme Court.

No other candidate running for president has Sen. Cruz' depth of knowledge, understanding or experience in the judicial realm. No other candidate has the record that can assure us without question that he will appoint someone like Antonin Scalia and not someone like Anthony Kennedy.

In fact, some of those running, like Donald Trump, have a record that suggests they could be as bad as Obama when it comes to Supreme Court appointments. Trump has even pointed to his sister as someone who would make a great Supreme Court justice. Trump's sister, a federal judge, has ruled in favor of partial birth abortion — the gruesome killing of a child in the process of being born. I can't imagine the damage a Trump appointee would do to the nation.

I am terribly saddened by the death of Justice Antonin Scalia, but his passing puts into exceedingly sharp focus the incredible importance of this presidential election. This Supreme Court vacancy is very likely not going to be the only one that the next president will be able to fill. Thus, the outcome of the presidential election this year will impact the nation not just for the four year term of the president, but for generations to come.

Please pray for the Scalia family, and pray for the nation that citizens will awaken to see the importance of the race before us, and elect a proven champion as president. The future of America depends on it.

Faithfully,

Brian S Brown


PS — The stakes in the election are now so much higher than they were before, and so is the importance of NOM being able to aggressively influence the public debate concerning marriage and religious liberty. Please make a generous financial contribution so that we may be effective during this critical time. Thank you.


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BREAKING: Alabama Chief Justice Orders State Judges To Refrain From Issuing Same-Sex 'Marriage' Licenses

BREAKING NEWS: Alabama Supreme Court Chief Justice Roy Moore has ordered state probate judges to continue to enforce a previous ruling of the state Supreme Court barring the issuance of marriage licenses to same-sex couples, despite the ruling of the US Supreme Court purportedly imposing same-sex marriage on the nation. Justice Moore's ruling will remain in place until the full state Supreme Court considers whether state judges are bound to continue to uphold the state's constitution, which provides that marriage can only be between one man and one woman.

While a narrow majority of the US Supreme Court purported to redefine marriage for the country in the Obergefell ruling, the case they considered only involved four states in the Sixth Circuit Court of Appeals. Since the Obergefell ruling, several developments have called into question the SCOTUS majority's claimed scope of their ruling.

A compelling statement issued by over seventy legal scholars made the case that the Obergefell ruling utterly lacked any constitutional basis, was anti-constitutional and illegitimate. They declared that state officials should consider the Obergefell ruling to be binding only on the specific parties to that case.

The Eighth Circuit Court of Appeals has ruled that that the Obergefell ruling did not directly invalidate the marriage laws of states under its jurisdiction.

And a District Court judge in Kansas was even more direct, ruling that Obergefell did not directly strike down Kansas law limiting marriage to one man and one woman.

These legal developments are consistent with the developing resistance in America to the Supreme Court's attempt to legislate from the bench when it comes to marriage, ignoring the federal constitution in the process and inventing out of thin air a "right" to same-sex 'marriage.'

The American people reject judicial activism of the US Supreme Court and their attempt to redefine marriage. They continue to support marriage as it has existed throughout our nation's history, the union of one man and one woman.

 

How the Left Has Sabotaged Marriage and Family

Dr. Paul Kengor, professor of political science at Grove City College, writes a fascinating piece in today's Daily Signal about the involvement of the American Communist Party in pushing the LGBT agenda in America. Dr. Kengor says:

"On June 26, 2015, four of the Supreme Court’s liberals joined Justice Anthony Kennedy in discovering a new right to same-sex marriage in the U.S. Constitution, one thereby imposed upon all 50 states.

In response, of course, liberals were jubilant. Their leader, the one who promised to fundamentally transform America, responded by literally illuminating the nation’s house in rainbow colors.

Americans saw all of that. They saw the pictures of their fundamentally transformed White House; they saw other culture-transformers dancing in the streets joyously rejecting what a great country once called the laws of nature and nature’s God...

But one thing that very few Americans saw, including the millions of same-sex marriage supporters who aren’t especially political or ideological, was the quite revealing celebration among some really radical quarters.

Among them, Communist Party USA and its publication, People’s World—successor to the Soviet-funded and directed Daily Worker—were thrilled with what Anthony Kennedy and friends had done.

For communists, this was a stunning victory, the securing of a long-elusive effort to vanquish the fixed marriage model set forth long ago by nature and the Creator. Indeed, if you thought the White House seemed eager to hoist the rainbow colors, you should have seen the American Communist Party.

In fact, the party of the red flag had been waving the rainbow flag before June 26, 2015. Communist Party USA has been pumping the full “LGBT” agenda for several years now."

Dr. Kengor goes on to detail numerous examples of how the Communist Party has promoted the LGBT agenda, saying, "We know that one is far more likely to see the rainbow flag at People’s World nowadays than a red flag with a hammer and sickle." Dr. Kengor attributes their activism to pursuit of their long-held desire to subvert religion and family. "For today’s communists, the “LGBT” agenda, especially on marriage, is the hammer and sickle to take down the natural, traditional, biblical, Western/Judeo-Christian model for marriage and family that they have long despised," he writes.

You can read the full article here.

Copyright 2015