Defense of Marriage Act

Inside the Supreme Court, Bearing Witness to History

Yesterday, I was privileged to have been able to get a seat at the Supreme Court and witness a historic moment for equality.
PFAW

Rallying for Marriage Equality – Day Two

What has stood out most for me from this experience is seeing the real people behind these cases. Yesterday, I waited at the Court until attorneys David Boies and Ted Olson walked down those famous steps with the Proposition 8 plaintiffs, Kristin Perry and Sandra Stier, and Paul Katami and Jeffrey Zarrillo. Today, I watched as Edie Windsor, at 83 years old, made that same walk, to loud cheers and applause and chants of “Edie! Edie!” In return, we all got a wave and a kiss blown our way.
PFAW

NOM's 'Historic' Fail

For weeks, the National Organization for Marriage’s Brian Brown has been touting the “historic” March for Marriage, telling supporters “this is our time” to "change history." A month ago he wrote excitedly about a “game-changer,” a $500,000 matching gift from one of the major donors that keep NOM afloat. Brown had been inspired by a massive turnout for an anti-marriage-equality protest  in France, and hoped for something similar in Washington. But even with big donors and heavy-weight Religious Right co-sponsors, Brown and his allies couldn’t pull it off. Not even close.

In reality, NOM’s rally had a few, perhaps several, thousand attendees.  (NOM’s Thomas Peters claims 15,000, which seems, um, generous.) And every time one of the speakers tried to make the crowd feel like part of a larger movement by talking about the 200,000 people they said marched recently for one-man/one-woman marriage in Puerto Rico, or the hundreds of thousands or millions in France and Spain, or even the 585,000 who have signed the Manhattan Declaration or the half million who marched against legal abortion, it only served to highlight how few bothered to show up in Washington. According to various speakers, the Catholic Archdiocese of Philadelphia sent five busloads; anti-gay state senator Ruben Diaz claimed 32 buses from New York. Brian Brown gave a shout out to some Chinese Christians from Chicago.

The ethnically diverse speakers’ list was a mix of old and new, including some familiar faces on the anti-gay circuit, such as Harry Jackson, Gary Bauer, and Iowa’s Bob Vander Plaats. Harry Jackson led the crowd in a chant that he said was a prayer for the Supreme Court: “Let God arise and his enemies be scattered.” Bauer delivered a blustery message to the Republican Party that if they “bail” on marriage, he’ll lead as many people as he can out of the GOP (which may not be that much of a threat). Vander Plaats urged Supreme Court justices to look to the Founding Fathers, Billy Graham, and Pope Francis. Also speaking were Doug Mainwaring, now making the circuit as the anti-equality gay man the Religious Right loves to love; Frank Schubert, the mastermind of the dishonest Prop 8 campaign and every anti-equality campaign since then; and Jim Garlow, who made a name for himself among the Religious Right with his pro-Prop 8 organizing. Garlow insisted you cannot call yourself a Christian and support the Court’s “obliterating” what he called a “core aspect of the gospel of Jesus Christ.” (Garlow should have seen the packed crowd at the morning’s pro-equality interfaith service at the Lutheran Church of the Reformation.) Garlow warned Supreme Court justices that they will one day stand before “the Chief Justice of the Universe” and will be held accountable if they defy His ways.

A couple of groups sent under-30 speakers to say how wrong the media is to suggest that Millennials are a lost cause on this issue.  But facts are facts, and polls show that support for marriage equality is overwhelming among under-30 Americans: 72 percent of Millennials believe same-sex couples should be able to get legally married, including 58 percent of under-30 Republicans.

Many of the speakers were on-message to the point of being boringly redundant, repeating the message on marchers’ pre-printed signs: “Kids do best with a mom and a dad” and “Every child deserves a mom and a dad.” Sometimes this came with a strong shot of gender stereotypes: mothers provide tenderness and fathers provide protection.  Brian Brown even showed a video of the Religious Right’s newest heroine, the 11-year old who testified against marriage equality in Minnesota and asked which of her parents she did not need, her mother or father. Perhaps someone could explain that no same-sex couples seeking to get married have any desire to force her to get rid of either parent.

NOM’s backers for the marriage march included the far-far-right-wing Catholic group Tradition, Family & Property, with its scarlet banners, capes, and marching band (see Adele Stan’s reminder who TFP is), Focus on the Family, the Family Research Council, a couple of Catholic dioceses, the Knights of Columbus and the Institute on Religion and Democracy.  Brown gave special thanks to the Mormon-run GFC Foundation for providing grants for buses.

 

Equal Protection or "Social Tradition": The Supreme Court's Test in the Marriage Cases

The Supreme Court hears two cases this week that could determine the future of marriage equality in America.

Why It’s Time to Dump DOMA: Paul Gordon

This piece is the eighth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.

At the end of 2008, my husband and I were married in the same synagogue where I’d had my bar-mitzvah more than three decades earlier.  As a 13 year-old in the 1970s, I read from the Torah and spoke to the congregation about letting the people we love know how much we love them. But as a closeted 13 year-old, I never dreamed that 30 years later, I’d be standing in the same chapel, with all the same people who are dearest to me, publicly professing my love for another man. Rick and I were surrounded by family and married in the traditions of our faith. And as we drank from the Kiddush cup, we adapted a practice from the Passover Seder; since Prop 8 had just passed, we removed eight drops of wine as a symbol that our joy was diminished by the suffering caused by marriage discrimination.

Passover is my favorite holiday because it is about living in a just society.  It teaches us to welcome the stranger, because “we were strangers in the land of Egypt.” It is a lesson that, unfortunately, must be learned and relearned, as every society has those whom it unjustly treats as outcasts.

It’s appropriate that the Supreme Court will be hearing oral arguments in both the Prop 8 and Defense of Marriage Act cases during the week of Passover. Although the Constitution uses the language of “equal protection” instead “strangers in the land of Egypt,” the underlying values are the same. It is wrong – and unconstitutional – for states to prohibit us from marrying and for the federal government to refuse to recognize our marriages. What better time than Passover to dump DOMA and strike down Prop 8?

Paul Gordon, Senior Legislative Counsel
People For the American Way

PFAW

Phyllis Schlafly Denounces Rob Portman's 'Stupid' and 'Dumb' Marriage Equality Announcement

In an interview on The Janet Mefferd Show yesterday, Eagle Forum founder Phyllis Schlafly attacked Sen. Rob Portman’s newfound support for legalizing same-sex marriage, calling his announcement “dumb” and a “stupid statement.” Schlafly, who unlike Portman has maintained her opposition to marriage equality even after learning that she has a gay son, said that Ohio voters may “feel sorry for him” because “maybe he was pressured by his son to do this.”

She insisted that the Defense of Marriage Act (DOMA) “does not proscribe a national rule against gay rights” and protects states’ rights.

However, Section 3 of DOMA requires the federal government to discriminate against legally married same-sex couples. Even the American Family Association’s legal counsel admits that Section 2, which allows states to refuse to recognize same-sex unions that are legal in other states, likely violates the Constitution’s Full Faith and Credit Clause.

Mefferd: What do you make of Sen. Portman’s announcement last week?

Schlafly: I think it was a rather stupid statement that he made. He doesn’t appear to understand what DOMA is all about. His statement is not in accord with the facts and it’s inconsistent. If he stands up for states to be able to make their own decisions about marriage, DOMA allows that, we have about a half a dozen states that have made that unfortunate decision and they’re not interfered with by DOMA. I don’t understand. Portman was always advertised as one of the brightest of the Senators and he doesn’t seem to understand that the Defense of Marriage Act does not proscribe a national rule against gay rights; it doesn’t do that at all. It just says if one state adopts same-sex marriage the other states simply do not have to recognize it. What can be more states’ rights than that?



Mefferd: That shouldn’t be the way people shift positions as far as public policy is X is happening in my family therefore I’ve changed my mind completely for the entire country.

Schlafly: I agree with you and I think it’s really a dumb way to create legislation and my guess is that the Ohio voters will take care of that in the next election; I think they won’t respond to that type of an argument. They’ll feel sorry for him, maybe he was pressured by his son to do this, but I think the legislators should stand up for what the majority of people want and not decided based on personal experience.

Senator Portman’s change of heart and the legacy of Harvey Milk

Why did Senator Portman’s change of heart take two years? Why has he continued to support the anti-gay policies of his party? There’s a lot of debate on both points, but one thing is certain: it was his son’s own coming out that forced the Senator to come out in support of marriage equality, and to do that interview and write that op-ed.
PFAW

PFAW is United for Marriage

Marriage equality will be before the Supreme Court on March 26 and 27. PFAW will be there with the United for Marriage coalition. You can join us in DC or attend an event near you.
PFAW

Wildmon: Overturning DOMA and Prop 8 May Lead to Hate Speech Laws

During the debate over the Shepard-Byrd Hate Crimes Prevention Act, Religious Right groups like the American Family Association warned that the law would “criminalize negative comments concerning homosexuality” and “take away our religious freedoms.”

Of course, none of that happened, but that hasn’t stopped anti-gay activists from making the exact same false claims again and hoping more people will fall for it.

Yesterday, AFA president Tim Wildmon appeared on The Janet Mefferd Show and alleged that if the Supreme Court overturned Proposition 8 and the Defense of Marriage Act (DOMA) then we will see “persecution against Christians” and restrictions on the freedom of speech.

Wildmon: You’re headed down the road of persecution against Christians who believe in the Bible as their standard for moral behavior. In Canada now they have different rules there where you can’t even criminalize the lifestyle itself or you’ll be charged with a hate crime. You know that’s the road we’re headed down if these laws, if DOMA is struck down, if Prop 8 is struck down, then you’re headed for control of speech, even if it’s religious speech.

Ironically, the AFA’s own legal counsel, Pat Vaughn, admitted that “the Defense of Marriage Act is probably unconstitutional.”

Why It’s Time to Dump DOMA: Valeria Carranza

This piece is the sixth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.

Growing up as a gay woman in a conservative Salvadoran household was like being the protagonist in one of the telenovelas that I used to watch with my Maminena, my grandma. Thankfully, here in Maryland, being gay is no longer an obstacle to marrying the love of my life.

After a hard-fought battle, my girlfriend and I now have the right to say, “I do.”

Unlike most economic development initiatives, tax increases, and transportation projects, our ability to marry was taken to the polls and put to a vote. Marriage for same-sex couples is still treated like an earned privilege rather than a given right. While we won the right to marry in Maryland, thanks to DOMA our marriage would not be recognized under federal law.

My relationship, under this law, does not count. DOMA is a vehicle for discrimination and it hurts our families.
 
When thinking about equality, whether it’s equal protection under federal law, marriage equality or equal protection for our transgender community, two words come to mind: unconditional love.

 

 

 

 

 

 

 

 

 

 

Unconditional love. That is what equality means to me: unconditional love for our community, constituents, neighbors, co-workers, schoolmates, friends, family members. Because when you truly love, you don’t let discrimination and injustice take place in your community – or in your country.

The Defense of Marriage Act is just as outdated as the concept of “traditional marriage” being restricted to heterosexuals only. It’s time to dump DOMA – let unconditional love take its place.

Valeria Carranza
Alumna of affiliate People For the American Way Foundation’s Front Line Leaders Academy

 

PFAW

PFAWF’s African American Ministers Leadership Council Submits Amicus Briefs in Marriage Equality Cases

Last week the Equal Justice Task Force of the African American Ministers Leadership Council, a program of People For the American Way Foundation, joined with a broad coalition of organizations in filing amicus briefs for the marriage equality cases being considered by the Supreme Court.  These cases – Hollingsworth v. Perry, which challenges California’s Proposition 8, and Windsor v. U.S., which challenges Section 3 of the Defense of Marriage Act (DOMA) – represent landmark opportunities for our nation to move toward making marriage equality a reality for all Americans. 

“As African American faith leaders, we feel it is our responsibility to question hatred and discrimination wherever it happens – and especially in our laws,” said Minister Leslie Watson Malachi, Director of the African American Ministers Leadership Council. “Laws singling out and preventing same-sex couples from getting married are blatantly discriminatory and they hurt our communities. These amicus briefs voice our support for equal rights and equal justice for all of God’s children.”

The amicus brief for the Hollingsworth case, a continuation of the 2010 brief PFAW Foundation submitted when the 9th Circuit Court of Appeals reviewed the case, exposes the discriminatory nature of the supposedly “moral” rationales for Proposition 8:

This Court has refused for three-quarters of a century to uphold laws disfavoring minority groups based on religious or moral disapproval alone—with the one, now-discredited exception of Bowers v. Hardwick, 478 U.S. 186 (1986). And for good reason: Time and again throughout our nation’s history, laws that disadvantaged or degraded particular groups have been justified by resort to morality and religion. And time and again, our society has come to see those laws as repugnant, and the religious and moral disapproval justifying them as little more than a means to enshrine the status quo.


Likewise, the amicus brief for the Windsor case points out:

This Court has long implicitly acknowledged the connection between religious justifications and the Equal Protection guarantee. The Court’s decision overturning Virginia’s law forbidding marriage between persons of different races is illustrative. In Loving v. Virginia, the Court dismissed the Virginia trial judge’s proffered religious-based rationale, which cited God’s hand in creating different races, recognizing instead that “[t]here is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.” 388 U.S. 1, 11 (1967). Ultimately, the Court recognized that the anti-miscegenation law served no secular purpose, and was based on nothing more than racial discrimination—even if disguised as a moral or religious belief.


As these briefs highlight, discrimination – even if cloaked in the language of religious or moral beliefs – is still discrimination.

PFAW Foundation

LaBarbera: Gay Rights Legal Brief Is a 'Tool of Repression'

In an interview with the American Family Association’s news affiliate Instant Analysis (formerly OneNewsNow), Peter LaBarbera of Americans For Truth About Homosexuality condemned the large group of corporations that joined legal briefs asking the Supreme Court to overturn the Defense of Marriage Act (DOMA) and Proposition 8.

LaBarbera blasted the corporations for “pushing homosexuality on the American public,” calling the amicus brief “a tool of repression against Christians and people of faith who simply want their right to not support homosexuality.” He claimed that if the Supreme Court rules against Prop 8, “that will be a sad day for American freedom” and “a disaster,” as deciding who should have the freedom to marry “should be left up to citizens.”

Peter LaBarbera of Americans for Truth About Homosexuality acknowledges that corporations are at liberty to do what they want privately, such as adopting pro-homosexual policies.

“... But when you start pushing homosexuality on the American public using the government, that's another matter,” he offers. “Then it becomes a tool of repression against Christians and people of faith who simply want their right to not support homosexuality.”

According to the family advocate, the Prop. 8 case before the nation's high court is essentially the “Roe v. Wade” of the homosexual movement.

“If the court steps in and overrides the decision of the people of California not to support homosexual so-called marriage, that will be a sad day for American freedom,” he tells American Family News. “All across the nation citizens have spoken on this issue – [and] at the very least it should be left up to citizens.

“If the court imposes national homosexual marriage, that will be a disaster – and it will fuel the culture wars for decades to come.”

Of course, it is absurd to argue that a Supreme Court decision against DOMA or Prop 8 actively represses or takes away the rights of marriage equality opponents. But the Religious Right is often inconsistent in its arguments. Another AFA news item, however, explicitly rejects paying any attention to how the public feels, contradicting LaBarbera’s argument.

Sam Rohrer, a former Republican lawmaker in Pennsylvania and head of the Pennsylvania Pastors’ Network, tells the AFA that the public’s view on marriage equality doesn’t matter because judges should rule according to “moral law” established by God as “the base of the Constitution and the individual rights guaranteed by it are based on the Bible.”

The Christian Post reported on Monday that The Washington Post has published two polls that show "Americans are done with DOMA." But the Pennsylvania Pastors' Network (PPN) contends that the results are "likely skewed."

PPN president Sam Rohrer believes that polls are worth about the amount it cost to conduct them - particularly when they are financed by organizations that advocate for the destruction of marriage, including the Respect for Marriage Coalition.

"When they use polls to try to substantiate and/or to prove an acceptance of a position that has not been historically sound, I'm saying [that] is an inappropriate use of polls," Rohrer submits. "And any judge that looks to the poll as a determination of how they may or may not judge and rule on this case is to embrace moral relativism rather than moral law."

That is especially relevant now, as the U.S. Supreme Court is to hear arguments on the constitutionality of the Defense of Marriage Act next month; the resulting ruling is expected near the end of June.

The Coalition's poll results show that 83 percent of Americans, "regardless of their personal opinion on the issue," believes same-sex "marriage" will be legal nationally "in the next five to ten years." But that can only happen if the federal Defense of Marriage Act is repealed by the Supreme Court or Congress.

And a national survey conducted on behalf of the Center for American Progress (CAP) and Gay & Lesbian Advocates and Defenders (GLAD) reportedly reveals that 59 percent of registered voters "oppose" Section 3 of DOMA, which defines marriage as between one man and one woman and a spouse as someone of the opposite gender.

The PPN president asserts that the purpose of the recent polls is to influence public opinion and the courts.

"What the Pastors' Network is saying is that when making a decision, a moral decision where you're talking about an institution created by God, God doesn't need public opinion polls; so neither should a judge consider what polls may or may not be," Rohrer contends. "It's a moral decision, and moral decisions ought to be made based on what God says -- not what some poll may or may not say."

Part of the oath of office high court justices take is to support and defend the Constitution. And as Rohrer points out, the base of the Constitution and the individual rights guaranteed by it are based on the Bible -- not the popular view of the culture.

FRC Urges Congress to 'Pressure the Supreme Court' on Marriage Cases

The Family Research Council has launched what it is describing as “an ambitious, no-holds-barred campaign to keep marriage as between one man and one woman and preserve the American family.”  FRC is worried about two cases before the Supreme Court that will have “a lasting impact on the very soul of our nation” -- one on California’s Prop 8 and one on the federal Defense of Marriage Act. 

In a direct-mail piece dated on Valentine’s Day, FRC President Tony Perkins says it is important to get members of Congress “to pressure the Supreme Court to come down on the right side of marriage.” Recipients of the letter are encouraged to sign petitions to their representative and senators to urge them to “PRESSURE THE SUPREME COURT TO RULE IN FAVOR OF TRADITIONAL MARRIAGE!”

The text of the petition:

[Representative/Senator], as one of your constituents, I ask that you please use your influence to urge the Supreme Court to uphold the Defense of Marriage Act and state statutes banning same-sex “marriage.” The covenant marriage relationship between one man and one woman is a universally accepted social tradition that transcends all cultures and predates any religion. It is essential for procreation and the stability of society. I respectfully request that you do all in your power to urge the Court to uphold traditional marriage. Thank you for your service to our country.

The letter also recycles some of the same false claims that FRC and its allies made about federal hate crimes legislation, suggesting the advance of marriage equality will lead to the federal government dictating what pastors can preach about homosexuality or prosecuting those who preach against same-sex marriage.  Perkins also claims – falsely  – that the “vast majority of Americans do not want to see marriage redefined” and “the vast majority of voters are against the legitimization of same-sex ‘marriage.’” Actually, a majority of Americans supports marriage equality, according to recent polls by Gallup, Wall Street Journal/NBC, Washington Post/ABC, and CBS News.

But what difference do facts make to Tony Perkins? He says that if the Supreme Court were to support marriage equality, it would be “siding with an extreme minority and defying the will of the majority.” That’s why, he says, “the justices need to know up front that this majority will be anything but ‘silent.’”

FRC’s new “Marriage Preservation Initiative” is, of course, not the first effort to recognize, in Perkins’ words, that, “[d]espite the fact that Supreme Court justices have a reputation for being independent, they, too, are political and can be influenced by public pressure.” Back in 2010, after a district court ruling that Prop 8 was unconstitutional, the late Chuck Colson launched his own campaign to convince the justices that a pro-marriage-equality ruling would lead to “cultural Armageddon.”

Ralph Reed's Group Wants to Cut Grants to the National Cathedral over Gay Marriage

Ralph Reed’s Faith and Freedom Coalition wants the federal government to end its “Save America’s Treasures Grants” to the National Cathedral because the church decided to perform same-sex marriages. While same-sex marriage is legal in Washington D.C., where the historic Episcopal church is located, the FFC claims that the cathedral is undermining the Defense of Marriage Act (DOMA) and therefore should not receive federal money “until such time that it ceases the practice of homosexual ‘marriage’ certification.”

“Taxpayers are being asked to subsidize gay marriage ceremonies,” the FFC writes, “Pro-family and Pro-freedom Americans will not sit idly by as the government attempts to change the Biblical definition of marriage.”

That’s right, the same FFC which believes Obama is waging a “war on religion” and trampling on “religious liberty” wants the government to cut off its grants to a church due to its opposition to marriage equality.

On January 9, 2013, the National Cathedral announced that it would start performing same-sex marriages and will be one of the first Episcopal congregations to implement the rite.



In recent years, the National Cathedral has received hundreds of thousands of dollars in federal grants. The Episcopal Church is one of the richest denominations in the United States and the oldest. According to Richard Ostling of the Associated Press, “the 7,364 congregations of the Episcopal Church receive $2.14 billion in offerings a year: Their buildings and liquid assets are worth untold billions." Why is a church with untold billions in assets and asking American taxpayers to fund their church? With this policy change, taxpayers are being asked to subsidize gay marriage ceremonies for a church that can readily access millions of their own funds.

Pro-family and Pro-freedom Americans cannot sit idly by.

We believe the definition of “marriage” to be the union of one man to one woman. If the National Cathedral wants to continue to receive taxpayer funding from Congress, they should respect Congressional action like the Defense of Marriage Act.



Pro-family and Pro-freedom Americans will not sit idly by as the government attempts to change the Biblical definition of marriage.

As concerned American citizens, we believe the definition of “marriage” to be the union of one man to one woman. Accordingly, we are outraged that the Federal Government would provide funding to the Washington National Cathedral, which has publicly announced its intention to perform homosexual marriage ceremonies.

We therefore demand an immediate suspension of any current or future federal funds to this institution, until such time that it ceases the practice of homosexual “marriage” certification.

Swanson and Buehner's 2013 Predictions: Human-Cell Phone Marriage, Chrislam, a Name Change for Time Magazine

On the New Years Eve episode of Generations Radio, Kevin Swanson and Dave Buehner offered up their review of 2012 and their predictions for 2013. As Brian wrote yesterday, they were not fans of 2012 – the year that President Obama won reelection, which “solidified our doom” and guaranteed the election of “a bunch of softy-wofty, weeny socialists for years to come.”

Their predictions for 2013 are not any more cheery.

Swanson forsees “the Muslims and the liberal Presbyterians getting together to form Chrislam,” which actually might not be a big deal because “chances are, at the end of the day they’re all Muslims anyway”:

Swanson: There will be a merger of PCUSA [Presbyterian Church (USA)], a liberal Christian organization, denomination, there will be a merger of PCUSA and a Muslim sect to form the first Mustererian denomination. How do you say that? Musterian denomination.

Buenher: Chrislam.

Swanson: So the Muslims and the liberal Presbyterians get together to form Chrislam. There’s just synthesis going on, so I’m just waiting for that mix. Now, chances are Dave, that at the end of the day they’re all Muslims anyway.

Swanson further predicts that Time magazine will “turn into the Daily Dragon or maybe the Daily Harlot…and then maybe Barack Obama rides on the Harlot or the Beast.” Further, Chief Justice John Roberts will declare the “confiscation of assault weapons” a “tax” and that Joe Biden will “come back with a recommendation to make school shootings illegal.” Buehner adds his own prediction that Colorado will pass a civil union bill allowing human-pet and human-cell phone marriage.

Swanson: You know Newsweek became the Daily Beast? Have you  ever seen that? I went online about a week ago trying to find a Newsweek article and I ended up on the Daily Beast site. What is that? Well, Dave, they were out of money, they couldn’t publish it anymore, so now they’ve got the DailyBeast.com. Well, here’s the prediction for 2013, to maintain the general apocalyptic theme here, Time magazine will turn into the Daily Dragon or maybe the Daily Harlot.

Buehner: I think the latter is probably more appropriate.

Swanson: And then maybe Barack Obama rides on the Harlot or the Beast. I don’t know how that works. But it’s in Revelation, check it out, it’s in Revelation. Ok, John Roberts declares the confiscation of assault weapons not a violation of the Second Amendment but a tax under the Interstate Commerce Clause. That wouldn’t surprise me. I mean we’ve got the precedent, and the precedents come from the top, top dog, the top ,top court of the land. Ok, and Joe Biden comes back with a recommendation to make school shootings illegal. That would be helpful. No, I think it would just inspire more school shootings.

Buehner: Well, you really don’t want to give legal cover to those who want to shoot in schools. I mean, that would make sense. Kevin, here’s one. You know that now that Colorado  has a Democrat in the governor and both houses and the courts are controlled by Democrats, I think Colorado is going to pass the first-in-the-nation civil union bill where somebody, a human, and their pet, can be recognized in a full civil union, full benefits and…

Swanson: What about a human and a cell phone?

Buehner: Well, that’s only a two-year contract. And then you get to change it after two years and get a new plan.

Finally, Swanson and Buehner get to natural disasters and war. While they point out that liberal bastions San Francisco and New York have already been hit by the“natural disasters” of House Speaker Nancy Pelosi and Mayor Bloomberg, God’s judgement is still incomplete. Buehner boldly predicts that “somewhere in  the world we see hurricanes, earthquakes, fires, disease, and one more, and it’s a man-made calamaty, I will predict that somewhere, I’m going to say that in the Middle East, there’s violence that’s going to happen in  2013.”  

Swanson: More predictions for 2013. The fiscal cliff will become the fiscal chasm. And Dave, maybe a calamity for New Orleans. No, we already had one there. New York? No. San Francisco. Have we had one there? Not since, wasn’t there like an earthquake there many years ago?

Buehner: Well, there are all kinds of calamities. New York had their calamity, Mayor Bloomberg. I mean, that’s a calamity. They got drenched with less than 16 ounces of drink over a hurricane.

Swanson: Yeah, they did.

Buehner: And San Francisco has their calamity, they have Nancy Pelosi.

Swanson: We’ll see what happens. I have a feeling there is a God and America has not repented yet. Follow my logic here, Dave. Ok, there is a God, that’s proposition A.  Proposition B, Premise B, America has not repented. Premise C, God has sent these kind of calamities before. So here’s the conclusion: there will be more. Ok, follow me? Follow the logic there?

Buehner: Yeah. I’m thinking that somewhere in  the world we see hurricanes, earthquakes, fires, disease, and one more, and it’s a man-made calamaty, I will predict that somewhere, I’m going to say that in the Middle East, there’s violence that’s going to happen in 2013.
 

PFAW: DOMA and Prop 8 Cases Offer Supreme Court Landmark Opportunities for Equality

People For the American Way President Michael Keegan released the following statement today in response to the Supreme Court’s announcement this afternoon that it will hear Windsor v. U.S., a case challenging Section 3 of the Defense of Marriage Act (DOMA), and Hollingsworth v. Perry, the case challenging California’s Proposition 8:
 


“As we saw with last month’s state ballot measures affirming marriage equality, more and more Americans are coming to understand that laws preventing same-sex couples from getting married do real harm to our families, friends, and neighbors.  There’s also absolutely no legitimate reason for the federal government to recognize some legally married couples while refusing to recognize others. Laws like Proposition 8 and DOMA go against the central American ideal of equal justice under the law,” said Keegan. “We applauded the earlier court decisions that found both Section 3 of the Defense of Marriage Act and Proposition 8 to be unconstitutional. There’s no question that the Constitution’s guarantee of equal justice under law applies to all people—gay or straight. The cases the court agreed to hear today are a landmark opportunity for our country to move towards making marriage equality the law of the land once and for all.”
 
“It is time to for the Supreme Court to weigh in on the side of equality and send a powerful message: our country will no longer selectively discriminate against loving, committed couples.”


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The Circuit Court's DOMA Decision and the 2012 Election

Mitt Romney has made clear that his judicial nominees would not protect Americans' rights like the Second Circuit did yesterday.
PFAW

David Barton likens Same-Sex Marriage to Horse, Dog Marriage

Right-wing pseudo-historian David Barton, who compares homosexuality to smoking and celebrates the fact that there isn’t a cure for AIDS, said today on WallBuilders Live! with co-host Rick Green that same-sex marriage is much like letting people marry horses or dogs. Discussing the Defense of Marriage Act, Barton warned that marriage equality proponents may try to “evangelize” their belief that “marriage shouldn’t be between a man and a woman” since “that’s unfair for two men who want to be together, or two women, or a horse and a dog, or whatever it is.”

Barton: Other courts, other areas started saying ‘well you know we can’t really justify this position anymore, marriage shouldn’t be between a man and a woman, that’s unfair for two men who want to be together, or two women, or a horse and a dog, or whatever it is,’ so at that point as it looked like the states were starting to mess around the problem you have is the contracts in one state are supposed to be honored by another. So if I make a business contract with you in Texas and we move to Oklahoma, that contract is going to be recognized in Oklahoma. Well on marriage, that’s a contract. So if one state suddenly says we want same-sex marriage and in Texas we say we don’t, just because you got married in Vermont and moved to Texas doesn’t mean we have to recognize your contract.

So that ability of saying one contract is going to be forced on another caused Congress to act in 1996 and say look the federal government and the states both have to deal with marriage, now here’s what we’re doing, on the federal level we are telling you marriage is a man and a woman and everything that deals with marriage on the federal level is going to be considered a man and a woman. They said as far as the states, you states are not going to be bound by the marriage decision of another state. Green: You do it the way you want to do it and don’t expect to be able to export that to another state.

Barton: Don’t use that to try to evangelize the other forty-nine states.

Green: And we won’t let the other states force it on you.

Barton: That’s right.

Ed Meese, who served as attorney general under Ronald Reagan, told Barton and Green that the legalization of same-sex marriage in several states “just shows how the culture has deteriorated over two centuries,” and asserted that same-sex marriage is an attempt to “defy nature.”

Green: It’s almost like they are making it up on the fly, the actual language of the Constitution doesn’t matter; it’s what these judges that happen to be on the bench at the time think it should mean.

Meese: The founders, we go back to the founders, the reason that they didn’t put something in the Constitution to say that marriage is the union of a man and a woman is nobody would have even thought at that time that there could be any other. It just shows how the culture has deteriorated over two centuries.



Green: You also mention that the Defense of Marriage Act should control what’s happening on the military side of things. How have they managed to push through so much with the military in the Obama administration on this issue working around DOMA?

Meese: Well that’s still an open issue and that’s why DOMA is very important. For example, whether chaplains should be required to participate in a homosexual marriage ceremony; whether that would be required as part of their duties, that’s where DOMA is a very important statute. This idea that somehow there is some obscure right in the Constitution to defy nature, as they do in homosexual marriage, is just ludicrous.
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