Public Advocate

The 5 Worst Arguments Against Marriage Equality At The Supreme Court

In the weeks leading up to oral arguments in Obergefell v. Hodges, a collection of marriage equality cases being heard at the Supreme Court this month, groups on both sides of the issue have been flooding the Court with amicus briefs.

These have inevitably included some very bad arguments from lawyers arguing on behalf of anti-LGBT groups. Here are five of the worst:

5. Gays Need ‘Tough Love,’ Like Smokers Or Drug Abusers

Mike Huckabee Policy Solutions (which identifies itself as a group “backed by private citizens and organizations who support the national policy aims of Mike Huckabee”) and anti-gay “statistician” Paul Cameron’s Family Research Institute tell the Justices that “[h]omosexuality and same-sex marriage are tied to early death” and thus gay people, much like drug abusers, need “tough love” instead of marriage rights.

As with smoking or drug abuse, it would be neither compassionate nor kind to normalize and encourage a known and significant public health risk such as homosexuality. Heightened early mortality risk suggests that homosexual practice (whether in casual or long-term unions) is self-injurious and therefore would put undue financial, emotional, and health burdens on survivors, especially children, as well as society, pursuant to any normalization of same-sex marriage by decree of this Court.

Just as in the cases of drug abusers or suicidal individuals, it would not be compassionate nor kind of this Court to attempt to further normalize and encourage known and significant public health risks represented by LGBT lifestyles and unions. Thus, the expansion of LGBT activity by decree of this Court is likely to proliferate undue financial, emotional, and health burdens upon survivors, especially children, and upon wider society as well. Far from “hateful,” the amici curiae herein hold that deference to the States in the regulation of lawful marriage, as well as federalist restraint and humility by this Court, would represent an act of love. “Tough love,” perhaps, but love nonetheless.

4. Marriage Equality Will Lead To Civil War

While the Texas chapter of Eagle Forum, in a brief written by Phyllis Schlafly’s son Andrew, never exactly says in its Supreme Court brief that a broad ruling in favor of marriage equality would lead to civil war, it does draw an awful lot of parallels between the effects of Obergefell and those of the infamous pre-Civil War Dred Scott case.

The Texas Eagle Forum brief warns of “a badly fractious effect” if the Court declares that “the Bible is wrong about marriage,” drawing out “regional differences” similar to the regional divide over slavery before the Civil War. The group warns that, like Dred Scott, “any ruling by the Court that imposes homosexual marriage on Texas and every corner of the United States would cause vastly more conflict, along regional lines.”

In 1857, as now, there were sharp regional differences over a fundamental social issue. But rather than allow Congress to sort the disputes out, the Supreme Court overstepped its bounds and attempted to dictate one solution nationwide about slavery. That poured fuel on the fire, as history teaches. Likewise, any ruling by the Court here that attempts to establish homosexual marriage for every region of our country, thereby declaring that the local voters are wrong, their political leaders are wrong, and the Bible is wrong about marriage, will have a badly fractious effect.

The disunity will greatly worsen if the Court rules that Texas and other southern states must begin performing homosexual marriage. Far from unifying the Nation, as some argue, such a Court ruling would have a divisive effect similar to that of the Dred Scott decision. The Dred Scott Court felt that by imposing its view of slavery on the entire Nation, the Court was resolving the conflict. In fact, of course, the decision made the conflict far worse. Likewise, any ruling by the Court that imposes homosexual marriage on Texas and every corner of the United States would cause vastly more conflict, along regional lines.

Texas Eagle Forum specifically argues that the supposedly unbiblical nature of same-sex marriage would “be disastrous for the unity of our Nation” because the Bible is “the strongest link that holds our society together.”

The Bible is perhaps the most unifying force of our Nation.

A Supreme Court ruling that endorses homosexual marriage would directly conflict with clear teachings in both the Old and New Testaments. See, e.g., Genesis 2:24 (“Therefore a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh.”) and Mark 10:6-8 (“But from the beginning of creation, ‘God made them male and female.’ ‘Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh.’”) (ESV). In essence, the Court would be rejecting the Bible as false, and by implication perhaps even disparaging the Bible as hate speech. Whether the large percentage of Americans who respect the Bible would be persuaded by such a ruling remains to be seen. But if they are persuaded, then the results would be disastrous for the unity of our Nation, because it would weaken the strongest link that holds our society together.

3. Marriage Equality Is Bad For Gay People’s Kids Because Right Wing Watch Criticized Robert Oscar Lopez

There was a big splash in the right-wing media when four adults who were raised for at least part of their lives by same-sex couples, most prominently activist Robert Oscar Lopez, submitted an amicus brief against marriage equality.

Lopez cites one flawed study about same-sex parenting and uses it as a jumping-off point for discussing what he speculates is a trend toward things getting “harder, not easier” for children raised by same-sex couples as “gay marriage has become a broader and more accepted phenomenon."

It has gotten harder, not easier, for COGs [Children of Gays], to the extent that gay marriage has become a broader and more accepted phenomenon. The younger generation of COGs has lived with an enormous amount of surveillance and speech policing by people interested in ensuring that they say nothing to undermine the social prestige of their gay guardians. The younger generation of COGs seems to feel more uprooted from the missing half of their ancestry and more fearful of defying the authority of gay stepparent figures whom they still tend to view as stepparents even if they are fond of them.

COGs are now treated with less dignity, more suspicion, fewer protections and heightened discrimination/harassment/retaliation than they saw before same-sex marriage achieved a level of national success. All of this is emanating from within the gay community, enabled by complacent groups such as COLAGE and emboldened by the gay-marriage equality movement. Put simply, the situation for COGs has worsened as their numbers have multiplied.

Lopez’s main piece of evidence for the “heightened discrimination/harrassment/retaliation” being directed at the children of gay parents since those parents began to gain marriage rights seems to be his own experience being criticized by blogs, including Right Wing Watch, which he details at great length in a separate section of the brief.

2. It’s Okay To Discriminate Against Women, So Why Not Gays?

Mark Joseph Stern at Slate flagged a brief submitted by the state of South Carolina which illustrates at length the concern that the drafters of the 14th Amendment had about it granting rights to women. Since the state at the time sought to discriminate against women, the brief argues, then it is absurd to apply the amendment’s protections to gay and lesbian people who want to get married.

Here’s a representative paragraph:

Nor did the framers and their contemporaries conceive that the definition of marriage consisted of anything other than the union between man and woman. Indeed, the framers insisted upon leaving untouched those state laws depriving women of basic rights upon marriage to a man. Surely then, those state laws exclusively defining marriage as between a man and woman were hands off under the Amendment’s original meaning.

Representatives from the South Carolina solicitor general’s and attorney general’s offices followed up with Stern to clarify that “that their state does not wish to implement the sexist laws outlined in its brief—though it could if it wanted to.”

1. Marriage Equality Will Cause God To Destroy America

Really any constitutional argument you can come up with becomes irrelevant if we are threatened with God’s judgement on America. A coalition of right-wing groups (two of which have close ties with Alabama Chief Justice Roy Moore), pulled out that trump card in a brief in which they warn the Justices that should they “require the States and the People to ‘ritualize’ sodomite behavior by government issuance of a state marriage license, it could bring God’s judgment on the Nation.”

The groups, including Public Advocate of the United States and the Institute on the Constitution (run by longtime Moore funder and Maryland GOP official Michael Peroutka) and assisted by former Moore collaborator Herb Titus, assure the Justices that the warnings of Leviticus are still very much in effect:

Should the Court require the States and the People to “ritualize” sodomite behavior by government issuance of a state marriage license, it could bring God’s judgment on the Nation. Holy Scripture attests that homosexual behavior and other sexual perversions violate the law of the land, and when the land is “defiled,” the people have been cast out of their homes. See Leviticus 18:22, 24-30. Although some would assert that these rules apply only to the theocracy of ancient Israel, the Apostle Peter rejects that view: “For if God ... turning the cities of Sodom and Gomorrha into ashes condemned them with an overthrow, making them an ensample unto those that after should live ungodly.” 2 Peter 2:4-6. The continuing application of this Levitical prohibition is confirmed by the Book of Jude: “Even as Sodom and Gomorrha, and the cities about them in like manner, giving themselves over to fornication, and going after strange flesh, are set forth for an example, suffering 1 Kings 14:24. 41 the vengeance of eternal fire.”

Eugene Delgaudio: Gays Will Make It Legal To 'Rape And Murder Young Boys'

In a rambling email today for his Religious Right group Public Advocate of the United States, Virginia GOP politician and anti-Cory "Brooker" activist Eugene Delgaudio writes that he sees “agents of the radical Homosexual Lobby everywhere…huddled in dark corners scheming and plotting” and “drooling for more in the new Congress.”

What do they want? According to Delgaudio, gay activists want to create “a nation where police are forced by gay ‘rights’ laws to allow sexual predators like ‘Uncle Ed’ Savitz and Jeffrey Dahmer to rape and murder young boys in the streets.”

“These people admit that they want to molest our children,” he writes. “They admit that they want complete control over the national law enforcement apparatus. They admit that they’re deviants.”

He also warns that gay rights advocates will enact “pro-homosexual hiring quotas in workplaces” in order to allow “homosexuals to run rampant over our country.” 

Delgaudio adds that while other conservative leaders “want to quit,” which he says would “be like surrounding after Pearl Harbor,” he is going to fight to thwart the gay rights movement despite the ill effects on his personal wellbeing: “My health is suffering under the strain of fighting the radical Homosexual Lobby with limited help. I can’t eat, I can’t sleep and I am sick with worry.” 

Delgaudio also compares himself to Jesus: “And just as Jesus showed us by example and could not have stood back and done nothing at the Temple, I couldn't stand back and do nothing in the face of the growing power of the radical Homosexual Agenda.”

HT: RWW reader Erik.

Despite gutting the Defense of Marriage Act and repealing Don't Ask, Don't Tell, the radical Homosexual Lobby is drooling for more in the new Congress.

So along with a new Congress, they have adopted new tactics.

I see well-known agents of the radical Homosexual Lobby everywhere. They are huddled in dark corners scheming and plotting. They meet secretly with newly elected members of Congress in hopes of tempting them to advance their perverse agenda with campaign cash and the promise of votes.



It is our duty as decent God-believing adults to fight against the tyranny and immorality of the radical Homosexual Lobby. But many good Christian supporters aren't coming through.

It seems a lot of people believe all our problems are hopeless because the last election left Obama and pro-homosexual cohorts in charge of the White House and Senate. And many pro-Family leaders are compromising or just plain worn out, and they want to quit.

I cannot believe it! That'd be like surrendering after Pearl Harbor!



My health is suffering under the strain of fighting the radical Homosexual Lobby with limited help. I can't eat, I can't sleep and I am sick with worry.

Many nights I stay up and worry -- worry about my family, worry about Public Advocate's future, worry about the future of the American Family and morality.



I'm expected to expand programs to stop liberals in Congress from allowing homosexuals to run rampant over our country...

The Gay Bill of Special Rights is at the top of the agenda for pro-homosexual congressmen this year.



If this immoral bill passes, it will mean pro-homosexual hiring quotas in workplaces throughout the nation. It will also make it nearly impossible for employers to deal with unsatisfactory employees who are radical homosexuals.



These people admit that they want to molest our children. They admit that they want special rights that no American has. They admit that they want to infiltrate and weaken our military's moral fiber. They admit that they want complete control over the national law enforcement apparatus. They admit that they're deviants.

And just as Jesus showed us by example and could not have stood back and done nothing at the Temple, I couldn't stand back and do nothing in the face of the growing power of the radical Homosexual Agenda.



I worry that America is turning into a modern day Sodom and Gomorrah.

What kind of country teaches its children that prayer is wrong and that homosexuality is just another "lifestyle?"

What kind of country funds homosexual child/adult pornography but arrests teachers who dare to bring Bibles into their classrooms?

And what kind of country funnels millions of dollars of tax money into the coffers of the Homosexual Pornography Lobby? …

I won't allow my children to grow up in a nation where police are forced by gay "rights" laws to allow sexual predators like "Uncle Ed" Savitz and Jeffrey Dahmer to rape and murder young boys in the streets...

And I won't stand by while pro-homosexual school teachers expose our children to "gay" filth and call it "AIDS education."

Eugene Delgaudio Warns Gay Men Will Soon Be 'Skipping Down To Adoption Centers To Pick Out A Little Boy For Themselves'

Eugene Delgaudio, a Loudoun County, Virginia Republican supervisor who heads the group Public Advocate of the United States is warning his supporters that gay people are preparing to “terrorize daycare centers, hospitals, churches and private schools” by teaching schoolchildren “perverted sex acts” and getting married, at which point “[y]ou’ll see men hand-in-hand skipping down to adoption centers to ‘pick out’ a little boy for themselves.”

In a fundraising email yesterday with the subject line, “They say you support homosexual ‘marriage,’” Delgaudio told supporters that he is the only one who can reverse the “Homosexual Agenda” in Congress.

You see, the radical homosexuals are storming through Washington demanding passage of their agenda.

And with the Democrats dominating the Senate and Barack Obama calling the shots in the White House, they say NOW is the time to push their perverse “lifestyle” on every man, woman and child in America.

And they insist YOU actually support them.

To make matters worse, more and more Republicans in Congress are coming out in favor of the Homosexual Agenda .

The Homosexual Lobby has already rammed through Thought Control and the repeal of Don’t Ask, Don’t Tell. I can only begin to imagine how much more damage the radical homosexuals will do now that they’ve broken the ranks of the opposition party.

As the President of Public Advocate of the United States, I’ve devoted thirty years to battling the radical homosexuals in Washington.

Backed by Hollywood celebrities, the media, and millions of your tax dollars, the radical homosexuals have many Congressmen, both Democrat AND Republican, quivering with fear -- and because of that they have a radical homosexual-friendly majority in control of Congress.

That’s why pro-Family Senators and Congressmen are counting on me to find out if you really support the Gay Bill of Special Rights and homosexual “marriage” as the radical homosexuals claim .

Frankly, if you really do support the radical Homosexual Agenda -- or if you just no longer care enough to stand up for the Family -- insiders in Congress say the entire Homosexual Agenda could pass in a matter of months.

Passage of the Homosexual Agenda will ignite a firestorm that will rip through families, communities and businesses:

* Special job rights for homosexuals. Businesses may have to adopt hiring quotas to protect themselves from lawsuits. Every homosexual fired or not hired becomes a potential federal civil rights lawsuit.

Radical homosexuals will terrorize daycare centers, hospitals, churches and private schools. Traditional moral values will be shattered by federal law.

* Same-sex marriages and adoptions. Wedding gown-clad men smooching before some left-wing clergyman or state official is just the beginning.

You’ll see men hand-in-hand skipping down to adoption centers to “pick out” a little boy for themselves.

* The Homosexual Classrooms Act, which pushes their agenda into our schools. Your children or grandchildren will be taught homosexuality is moral, natural and good. High school children will learn perverted sex acts as part of “safe sex” education.

With condoms already handed out in many schools, radical homosexuals will have little trouble adopting today’s “if it feels good do it” sex-ed curriculum to their agenda.

But the email doesn’t stop there. Delgaudio goes on to tell the harrowing story of a recent “stormy night” in which he drove to a deserted warehouse where “long-haired, earring-pierced” men were printing gay-rights petitions until they spotted him and chased him away, shouting, “This time, Delgaudio, we can’t lose!” [UPDATE: Joe points out that this story is a favorite of Delgaudio's.]

One stormy night, I drove to a mailshop hidden deep in a nearly deserted stand of warehouses. I’d heard something was up and wanted to see for myself.

As I rounded the final turn, my eyes nearly popped. Tractor-trailers pulled up to loading docks, cars and vans everywhere and long-haired, earring-pierced men scurrying around running forklifts, inserters and huge printing presses.

Trembling with worry, I went inside. It was worse than I ever imagined.

Row after row of boxes bulging with pro-homosexual petitions lined the walls, stacked to the ceiling .

My mind reeled as I realized hundreds, maybe thousands, more boxes were already loaded on the tractor-trailers. And still more petitions were flying off the press.

Suddenly a dark-haired man screeched, “Delgaudio, what are you doing here?” Dozens of men began moving toward me. I’d been recognized.

As I retreated to my car, the man chortled, “This time, Delgaudio, we can’t lose !”

Driving away, my eyes filled with tears as I realized he might be right. This time the radical homosexuals could win.

You see, even though homosexuals are just 1% of the population, if every one sent a petition to Congress, it would generate a tidal wave of two or three million petitions or more.

Hundreds of thousands of pro-homosexual petitions will soon flood Congress , and my friends in Congress tell me there’s virtually nothing on Capitol Hill from the tens of millions of Americans like you who oppose the radical Homosexual Agenda and the Gay Bill of Special Rights.

I made up my mind that night to write to you and as many other patriotic Americans as possible. To stop the radical homosexuals and protect marriage, there must be an immediate outpouring of support from folks like you.

Delgaudio then repeats his fundraising plea to reach “twice as many” families as “all the homosexuals in America” so that he can finally let Congress know that the “radical homosexuals are lying.”

I’ve identified nearly 10 million families I believe would join our struggle for morality if only I can reach them. That’s more than twice as many as all the homosexuals in America ... and most of these families represent two or three voters each. But without your financial help, I’ll never be able to reach them.

My hope is you care enough to contribute sacrificially so I can reach these families.

A generous gift of $25 will let Public Advocate reach 45 more families. $50 will help us rally more than 97 homes. And a special gift of $100 will generate over 215 contacts.

Only you know whether chipping in $10, $20, or more is best suited to your budget.

I ask you to do what you can.

The radical homosexuals boast you support same-sex marriage, special job rights and the promotion of homosexuality in schools.

Please let Congress know the radical homosexuals are lying.

H/T RWW reader Erik

Anti-Gay, Anti-Immigrant, Birther Groups Join Forces to File Mother of All Prop 8 Briefs

In reading through the amicus briefs submitted by anti-gay groups to the Supreme Court, we’ve been generally impressed by the relative restraint of their legal arguments compared to their day-to-day anti-gay tirades. But not so with the two briefs submitted last week by a hodgepodge coalition of conservative groups.

Citizens United’s National Committee for Family, Faith and Prayer filed two no-holds-barred amicus briefs last week, one in defense of Prop 8 [pdf] and one in defense of DOMA [pdf]. They were joined in both by the anti-immigrant groups Declaration Alliance and English First; WorldNetDaily affiliate the Western Center for Journalism; the Institute for Constitutional Values (founded by white supremacist ally Michael Peroutka, who also argues that the solution to school violence is to abolish schools); Gun Owners Foundation (the research wing of Gun Owners of America); the extremely and occasionally comically anti-gay Public Advocate; the birther group U.S. Justice Foundation; Protect Marriage Maryland and others. Far-right Virginia Del. Bob Marshall and Sen. Dick Black joined the DOMA brief. Both are signed by Michael Boos, general counsel of Citizens United, and by Herb Titus, an attorney with a sideline as a birther advocate.

So I guess we shouldn’t be surprised that the filings contain passages like this one, in the Prop 8 brief, arguing that laws against homosexuality affirm rather than deny the humanity of gay people:

Second, while the discrimination against Blacks in America denied them their rightful status as a member of the human race vis-à-vis their white counterparts, the discrimination against homosexuals affirmed their status as full and equal members of the human race. Indeed, the very definition of the “crime against nature,” was employed to emphasize that the sexual behavior condemned was contrary to the law of human nature. Homosexual behavior, then, while unnatural did not mean that those guilty of it were any less human.

Or this one from the DOMA brief arguing that gays and lesbians have not historically faced discrimination because some criminal sodomy laws also “extended to opposite sex unnatural couplings”:

As a class, homosexuals have not been discriminated against in the way that the court of appeals has so “easily” assumed. The appellate panel below concluded that “the most telling proof of animus and discrimination is that, for many years and in many states, homosexual conduct was criminal.” Yet historically, even the crime of sodomy was not so targeted. Rather, it was defined as “carnal copulation against the order of nature by man with man; or in the same unnatural manner with woman; or by man or woman in any manner with a beast.” Thus, the crime of sodomy was “known in the common law by the convertible and equivalent name [] of ‘crime against nature,” the offense not only extended to opposite sex unnatural couplings, but was one of several sexual offenses that fit under the broad category of “offenses against the public health, safety, comfort and morals.” Among these sexual offenses were bigamy, adultery, fornication, lewdness and illicit cohabitation, incest, miscegenation, and seduction, all of which could be committed by persons of the opposite sex. Rather than a narrow negative purpose, these laws reflect a perceived concern for the public health, safety, comfort, and morals of certain sexual behaviors.

Or that the groups oh-so-cleverly invoke the court’s Obamacare decision to argue that the extra taxes same-sex spouses pay under DOMA are an acceptable way of “deterring certain activities”:

Additionally, this Court has consistently ruled that Congress’s power to tax is not limited to the purpose of raising revenue. Thus, this Court found that it is permissible for Congress to adopt a taxing policy for the purpose of deterring certain activities by the levying of a tax on them, as well as for the purpose of collecting revenue. Therefore, according to precedent, it is a constitutionally permissible exercise of Congress to adopt a tax policy for the purpose of nurturing traditional marriage as the ideal family structure for raising children, just as this Court has recently observed, that it is perfectly permissible for Congress to impose a tax “to encourage people to quit smoking” or “to shape decisions about whether to buy health insurance.”…It is not for the courts to second-guess whether Congress should promote a traditional family policy in the exercise of its taxing powers.

But what is truly remarkable about the Citizens United coalition’s legal arguments is their eagerness to burn all bridges and declare everything they come across unconstitutional. While the Family Research Council and Liberty Counsel, presumably trying to appeal to Justice Anthony Kennedy, hold their noses and accept Kennedy’s pro-gay rights opinions in Lawrence v. Texas and Romer v. Evans as law, Citizens United et al have no such scruples. Not only should Lawrence and Romer be overturned, this group argues, but so should Bolling v. Sharpe, the 1954 Brown v. Board companion case that desegregated the District of Columbia’s public schools. Bolling was the first decision in which the Supreme Court explicitly found an equal protection component in the Fifth Amendment’s Due Process Clause, thus setting the stage for six decades of prohibitions on discrimination by the federal government – all of which the coalition would like to see go.

But these groups don’t just go after decades of legal precedent. They also personally attack two judges who ruled against Prop 8 before it reached the Supreme Court, in particular district court judge Vaughn Walker, who is openly gay:

With the understanding of Judge Walker’s personal interest in the outcome of the case, it becomes much easier to understand his finding every fact for the plaintiffs and his willingness to impute ill will to the proponents of Proposition 8. For example, having in his personal life rejected 6,000 years of moral and religious teaching, we can see how Judge Walker could readily determine that California voters were motivated solely by “moral and religious views…that same-sex couples are different from opposite-sex couples [and] these interests do not provide a rational basis for supporting Proposition 8.” The same is true for Judge Walker’s conclusion that supporters’ motivations were: “fear,” “unarticulated dislike,” not “rational,” based on “animus toward gays and lesbians,” “irrational,” “without reason,” and “born of animus.” Petitioners were entitled to have their case heard by an impartial judge – not one who was leading a secret life engaging in behaviors which he appeared to believe were being unfairly judged and criticized by the proponents of Proposition 8.

 

(Citations omitted in block quotes)
 

Religious Right Turns to Song to Defend Boy Scouts of America’s Ban on Gay Members

The Public Advocate, the fervently anti-gay group led by Virginia politician Eugene Delgaudio, devised a protest song, complete with references to Jerry Sandusky and child abuse, to condemn Ernst & Young CEO James Turley’s attempt to overturn the Boy Scouts of America’s ban on gay members, a ban that was recently reaffirmed.

Enjoy!

We've heard about dear Turley's plan,
And we're here to say,
It's sad that such a senseless man
Is with the B.S.A!

Morally, Morally,
That's the way we like.
Do not touch our girls and boys,
Just go take a hike.

We have seen just what can come
When anyone at all
Can get quite close to little ones
And frankly, we're appalled!

Morally, Morally,
What will it be like
If we let the unsavory
Get close to our dear tykes?

Morally, Morally,
That's the way we like.
Do not touch our girls and boys,
Just go take a hike.

You say that we should open doors
And welcome one and all.
With no attention to the boors
Who'll make our children bawl.

Morally, Morally,
Whatever shall be done
If we hire Sandusky,
and let him near our sons?

Morally, Morally,
That's the way we like.
Do not touch our girls and boys,
Just go take a hike.

 

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