Vander Plaats: Marriage Equality Unconstitutional Because It's 'Against The Law of Nature'

Last year, Religious Right activist and possible 2014 Iowa Republican Senate candidate Bob Vander Plaats claimed that the Supreme Court’s DOMA ruling had provoked a “constitutional crisis” because it defied “the law of nature and the law of nature’s God.”

In an interview on the Steve Deace show last week, Vander Plaats elaborated on this constitutional analysis, claiming that a Utah federal judge’s ruling legalizing marriage equality was wrong because same-sex marriage “goes against the law of nature” and therefore is “against the Constitution.”

Vander Plaats also encouraged Utah Gov. Gary Herbert to simply ignore the court’s ruling and issue an executive order staying the decision until it’s put to a popular vote. 

He warned guest host Jen Green that the Utah ruling was the first step on a slippery slope to tyranny, showing the need to put judges “in their place” as he did in Iowa in 2010.

Vander Plaats: First of all, Justice Shelby, there’s a lot of issues with his ruling. Number one is, you had the people of Utah already amend the Constitution to what marriage is. And you’re supposed to uphold the Constitution, not redefine the Constitution. So, that’s number one.

Two is, there is no research on it, there is no data on it. Why? Because it never existed before. So all there is is speculation. But what we know is it goes against the law of nature, and the law of nature’s God, which means, again, it’s against the Constitution.

My suggestion to Gov. Herbert: Don’t overcomplicate this. Don’t over-study this or analyze this. Lead on this. Issue an executive order from the governor’s office that places a stay on this judge’s decision until the people of Utah resolve this, either through the legislature – the people’s representatives – or through another vote, if you need to go through another vote. But you don’t allow an activist judge to have his way to inflict same-sex marriage on the entire state of Utah.

It is We the People who are the final arbitrators of this deal. They gave us the power of the king. The governor is the executor. He’s got the executive branch, he’s the one who gets to enforce or not enforce. By him staying silent, he’s really enforcing this judge’s opinion. That’s why he needs to step up and lead, and what I’d say, issue that executive order.

And for the Lead or Get Out of the Way members and audience, and especially those in Utah, what really has to concern you here is that if they will do this to the institution of marriage, they won’t even blink an eye when they take your private property, tell you how to educate your kids. If you really want to have tyranny, keep allowing activist judges to keep activism alive. You need to put them in their place. That’s what I’d encourage Gov. Herbert to do.

Green: You will be made to care.

Vander Plaats: You will be made to care. But Gov. Herbert could make that judge made to care. Just like in Iowa, we made the judges, that they should care about what they’re doing.

Right Wing Leftovers - 12/20/13

  • A federal judge in Utah has struck down the state’s ban on same-sex marriage.
  • On a semi-related note, anti-gay marriage activists believe that they will eventually win this fight: "This may take us years, but in the same way Roe v Wade looked utterly hopeless when it was put forward. But we see now today that the majority of Americans are now pro-life."
  • Glenn Beck's political insights are quite remarkable.
  • While ostensibly complaining about Phil Robertson's suspension, Breitbart's John Nolte says "bundled cable is the root of too many political and cultural evils to count."
  • Bryan Fischer sees the "Duck Dynasty" controversy as a turning point in human history: "Phil Robertson has created a moment of historic opportunity for evangelicals and social conservatives to reverse our cultural slide into sexual deviancy and begin turning our ship of state back toward sexual normalcy."

Breaking: Judge Strikes Down Ban on Same-Sex Marriage in Utah

Adding to this week’s great news on marriage equality, today U.S. District Court Judge Robert J. Shelby struck down Utah’s same-sex marriage ban, which was put into the state constitution by referendum in 2004.

One of the far right’s standard attacks on the increasing number of judicial opinions striking down discriminatory marriage laws is that judges are “redefining marriage” and “usurping the legislature.”  No doubt they will do so again in this case.  Fortunately, Judge Shelby opens his opinion with a brief but important explanation of how the American constitutional system works:

The issue the court must address in this case is therefore not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution.…

[T]he legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself…

In his opinion, Judge Shelby also takes apart the harmful, bogus argument that preventing same-sex couples from marrying somehow “elevate[s] the status of opposite-sex marriage”:

Rather than protecting or supporting the families of opposite-sex couples, Amendment 3 perpetuates inequality by holding that the families and relationships of same-sex couples are not now, nor ever will be, worthy of recognition. Amendment 3 does not thereby elevate the status of opposite-sex marriage; it merely demeans the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriage, it protects that interest by denying one of the most traditional aspects of marriage to thousands of its citizens: the right to form a family that is strengthened by a partnership based on love, intimacy, and shared responsibilities. The Plaintiffs’ desire to publicly declare their vows of commitment and support to each other is a testament to the strength of marriage in society, not a sign that, by opening its doors to all individuals, it is in danger of collapse.  (Emphasis added.)

Congratulations, Utah!


Sen. Hatch Misleads 'This Week' About His Role in Judicial Filibusters

On ABC News’ “This Week” yesterday, Republican Sen. Orrin Hatch of Utah claimed that he takes the “principled position” of voting against filibusters of judicial nominees:

And matter of fact, I continue to vote against filibusters with regard to judicial nominations because I think it's a principled position. I actually think the president, whoever the president may be ought to have the full choice of who they put on the bench.

And unless there's just some overwhelming reason why somebody should never be on the bench.

But on many pivotal votes to break GOP filibusters of President Obama’s federal judicial nominees, Sen. Hatch hasn’t voted “against” the filibuster. Instead, he’s made a habit of voting “present” or not voting at all. Because a motion to break a filibuster requires 60 affirmative “yes” votes to succeed, not voting or voting “present” in effect supports the continuation of the filibuster.

Hatch voted “present” on efforts to break Republican filibusters of Obama judicial nominees Caitlin Halligan, Goodwin Liu, Jack McConnell and Robert Bacharach. He did not vote at all in cloture votes on nominee Andrew Hurwitz and in the second cloture vote on Halligan.

These votes allow Hatch to say he didn’t support a filibuster, while in fact voting to do just that. And he certainly didn’t take a “principled position” to vote “against” his Republican colleagues’ obstruction.


Glenn Beck Will Save the 4th of July by Talking to The 'Man in the Moon' in Utah

For several weeks now, Glenn Beck has been talking about his grandiose plans to "change the way we celebrate Fourth of July" so that people no longer sit around drinking beer, watching fireworks, and listening to anti-Americans songs written by Bruce Springsteen.

And he is going to do it by putting on a spectacular live show in which the American story is told by someone "who knows the story of America better than anybody else ... The Man in the Moon."  And, shockingly, Beck has decided that the place best-suited to hosting this groundbreaking, holiday-changing performance is none other than Salt Lake City, Utah:

PFAWF Releases Reports on Outside Election Spending in 21 States, Organizes ‘Money Out/Voters In’ Events Across the U.S.

Out of State Money Floods Contests in 2012

Washington, DC –  Today People For the American Way Foundation unveiled new state-by-state fact sheets detailing outside spending in U.S. Senate and House races in 21 states.  Each report analyzes the outside spending totals from Super PACs, dark money groups, and out-of-state spenders in the down ballot federal races from the 2012 election cycle.  The fact sheets reveal that, on average, a majority of outside election money in these states came from Super PACs.  And in every case, a vast majority came from organizations registered outside of the state.

The release of the “Outside Spending, Outsized Influence” reports coincide with the weekend marking Martin Luther King, Jr. Day and the third anniversary of Citizens United v. FEC  to draw attention to the dual threats of voter suppression and unlimited corporate and special interest money in politics. The reports – a partnership between PFAWF and U.S. PIRG – are part of the Money Out/Voters In campaign.  As part of that campaign, People For the American Way Foundation, its affiliate People For the American Way, and other organizers across the country are hosting “Day of Action” events in more than 76 cities in 33 states this weekend. Members of People For the American Way Foundation’s African American Ministers Leadership Council will be leading Money Out/Voters In events in Georgia, Louisiana, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, South Carolina, and Virginia.

“Last year’s elections were far and away the most expensive in history,” said People For the American Way Foundation Executive Vice President Marge Baker.  “A major reason was the influx of outside, special interest spending in the wake of the Supreme Court’s Citizens United v. FEC decision. When big money floods our elections, it dwarfs the ability of individual Americans to have their voices heard. Just as important, when politicians push laws to suppress the vote, we turn back the clock on decades on progress to expand and improve our democracy. We need to pursue the full range of remedies to address the problem of too much money in politics, including amending the Constitution to overturn Citizens United, and we need to stand up against the growing threat of voter suppression.  This weekend we are joining with allies across the country to call for a democracy that gets Money Out and Voters In.”

The states featured in the reports are California, Colorado, Connecticut, Georgia, Iowa, Illinois, Indiana, Massachusetts, Maine, Maryland, Michigan, North Carolina, New Jersey, Nevada, New York, Ohio, Oregon, Pennsylvania, Texas, Utah, and Wisconsin.

For links to each report, please visit: http://www.pfaw.org/issues/outside-spending-outsized-influence-big-and-s...

For more information about the Money Out/Voters In campaign or the Days of Action, please visit: http://www.moneyout-votersin.org


New Young Elected Progressives Endorsees

Today we are unveiling three more new endorsees of People For the American Way’s Young Elected Progressives program: Sean Garballey (MA), Carl Sciortino (MA), and Luz Robles (UT). These three, young individuals, under the age of 35, have been great progressive leaders in their respective states.

Sean Garballey (MA)

Sean Garballey is running for reelection to the Massachusetts House of Representatives. He has been a member since 2008, representing Arlington, MA. Garballey has established himself as a leader of the Massachusetts progressives and currently serves on four committees, including as Vice Chair of the Joint Committee on Election Laws. Prior to serving in the House, Garballey was an Arlington Town Meeting Member for 5 years. He has been a proven progressive champion in the Massachusetts legislature, sponsoring several bills to increase the funding of public education and grants for those seeking public higher education. Garballey also received the Public Service Award in 2011 from affiliate PFAW Foundation’s Young Elected Officials Network. Visit his website here.

Carl Sciortino (MA)

Carl Sciortino is running for reelection to the Massachusetts House of Representatives. He has been serving the Somerville and Medford areas in the House since 2005. Sciortino serves on the Public Health and Transportation Committees, among others, and has been a leader in the House for the past several terms. He was named "Best of the New" by Boston Globe Magazine and "Legislator of the Year" by the National Association of Social Workers and has been a great progressive leader in fighting for equal, social rights. Visit his website here.

Luz Robles (UT)

Luz Robles is running for reelection to the Utah Senate. She has represented Utah’s 1st district since 2008. Robles serves on the Senate Ethics Committee, the Health and Human Services Committee, and two others. Robles has fought hard for equal rights for all individuals and sponsored a bill which would give illegal immigrants an accountability card allowing them to gain work without changing their legal status. She was named the Fifth Most Influential Person in Utah by Deseret News and is a great progressive representative for the people of Utah. Visit her website here.


ALEC Holds Annual Meeting in Salt Lake City

The American Legislative Exchange Council (ALEC) will hold its annual convention in Salt Lake City, Utah from July 25-28th. Over 1,500 ALEC corporate lobbyists and member legislators will meet behind closed doors to vote on model bills and strategize about the implementation of pro-corporate legislation in statehouses around the country.

Utah-based and national good-government groups will release a report and host a community forum to discuss ALEC’s impact on Utah as the organization pushes its agenda of slashing and privatizing social services while providing tax cuts to big business. At least three dozen Utah legislators are members of ALEC, and several member corporations are located in Utah.

“At closely guarded retreats like this, ALEC brings together corporate lobbyists with state legislators from around the country who will enact their wish lists into law,” said Diallo Brooks of People For the American Way. “The model bills being pushed at these retreats benefit powerful corporate interests but leave working families, the nation’s infrastructure, public education and the environment in the dust.

“The American people have suffered from ALEC’s far-reaching influence in the state, and the organization has largely escaped scrutiny in Utah – until now. As a result of the ongoing effort to expose the ALEC agenda, Utahns and Americans around the country are standing up against the extreme policies that put corporate bottom lines above the needs of Americans and their families.”


Attend a Rally to Save the American Dream this Saturday!

Events have been organized in cities and state capitols across the nation to show solidarity with workers in Wisconsin. Find the event or events nearest you.

“Rogues’ Gallery” Report Profiles Far-Right Senate Candidates

People For the American Way today released “The Rogues’ Gallery,” profiling 15 far-right Republican nominees for Congress. The report makes clear that the Republican slate of nominees is everything the Tea Party or the Religious Right could want.

The Rogues' Gallery

In our latest report, PFAW takes an in-depth look at 15 of the far right's most extreme candidates for Senate, and it isn't pretty.

Supreme Court Rules Religious Monuments to be Government Speech

The Supreme Court today ruled that religious monuments on government property constitute government speech in Pleasant Grove City v. Summum. PFAW Foundation President Kathryn Kolbert issued the following statement: "I'm pleased that the Court today made clear that religious monuments like the one the Summum sought to erect are government speech. I'm especially glad the decision acknowledged that the establishment clause provides a limit on what government can use that speech to say. Government shouldn't favor one religion over another or favor any religion over no religion at all." PFAW Foundation filed an amicus brief in the case.

Back to School with the Religious Right

The Religious Right continues to target public schools in a variety of ways that disrupt education and threaten religious liberty, according to a report released by People For the American Way Foundation (PFAWF). The report provides an in-depth analysis of the struggle over the future of our public education system by focusing on six categories: creationism; textbook controversies; sexuality education; religion and public schools; anti-gay activity and censorship.

Share this page: Facebook Twitter Digg SU Digg Delicious