Prop 8

Faith and Freedom Coalition Warns Democracy No Longer Exists As A Result Of Gay Marriage Cases

Faith and Freedom Coalition executive director Gary Marx has written a column for the Christian Post in which he claims that the Supreme Court’s rulings on DOMA and Proposition 8 have made our democracy only an illusion. After accusing the court of “dismantling American democracy” in their gay rights decisions, Marx lambastes the justices for turning America into “a nation where democracy is a mere visual effect used to spawn a perception of self-rule that no longer ultimately exists.”

“The Supreme Court has now served notice to liberty advocates that it is game on,” Marx writes. Despite the fact that a majority of Americans favor marriage equality, he claims that “traditional marriage activists” actually “vastly outnumber their opponents” and will prevent the court’s attempt “to trump the political will and wisdom of its citizens.”

If there was any doubt that the Supreme Court of the United States continues to vastly overextend its powers in ways that are dismantling American democracy and liberty, this summer's decisions striking down a core component of the 1996 Defense of Marriage Act (DOMA) and remanding California's Proposition 8 should settle the question.

How great is this threat? Put it this way: No component of American liberty or democracy is inherently safe if, as it did earlier this week, the highest court in our land is permitted to trump Constitutional principles and the political will of the American people with a progressive political and social agenda rooted in neither.



The stakes in this current cause could not be much higher. When a portion of the Supreme Court can flippantly toss aside the political will of the people on issues that are rightfully empowered to the people to decide, as this Court now has done, we no longer reside in a nation guided by our people and laws. Rather, America becomes a nation where democracy is a mere visual effect used to spawn a perception of self-rule that no longer ultimately exists.

This is the bad news for liberty loving Americans. But the Supreme Court's rulings bring good news too. Contrary to the image depicted in mainstream media, the American people are awakening to the reality of its elitist, progressive courts – and it is a reality, as Justice Antonin Scalia properly argued in his dissenting view on DOMA, that is "jaw dropping". In striking down the will of elected Members of Congress and a President of the United States (with DOMA) and the people of California (with its Proposition 8 ruling), the Supreme Court has now served notice to liberty advocates that it is game on. That is a calling that the American people will surely answer.

Additionally and importantly, the rulings in no way settle much of anything as it relates to the future of traditional marriage. DOMA may be no longer, but we at the Faith and Freedom Coalition intend to work with its advocates and a growing grassroots movement of Americans who support its principles, to ensure its basic tenets are otherwise upheld. The rulings also will certainly further inspire the efforts of traditional marriage activists, who now vastly outnumber their opponents, to work to elect state and federal legislators who will defend the treasured and traditional definition of marriage while ensuring that the nation's courts no longer serve to trump the political will and wisdom of its citizens.

NOM's Schubert: Supreme Court Is 'Shredding The Constitution'

In an interview with Steve Deace yesterday, Frank Schubert, the top campaign strategist for anti-gay groups including the National Organization for Marriage, accused the Supreme Court of “shredding of the Constitution” with its “horrendous” court decision on Prop 8. Schubert was upset that the ruling cleared the way for attorneys general not to defend certain laws.

However, administrations from those of Harry Truman to George W. Bush (including Ronald Reagan) have refused to defend laws they believe are unconstitutional. “It’s going to come back I think and wreak havoc in lots of other areas,” Schubert continued. 

He also called the Windsor decision “preposterous” and claimed it “calls into question the integrity of the governmental process itself. These judges have now put themselves as our supreme overlords, the overseers of our conduct.”

PFAW Foundation Applauds Wins at Supreme Court

The Supreme Court's rulings in the marriage cases mark an important victory for all Americans who value the principle of equal justice under law.

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.

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.”

Randy Thomasson: Gay Rights Ushering in Civil War

Save California’s Randy Thomason on Friday appeared on Istook Live, the Heritage Foundation radio program hosted by former Republican congressman Ernest Istook, to discuss the Supreme Court case on Proposition 8.

He accused the California state officials who refused to defend Prop 8 of “dissing God” and went on to warn that “usurpers of the United States Constitution” have methodically and stealthily “infiltrated” the government and the courts in order to launch another civil war.

This not the characteristic of a Republic when there are sworn public servants, they have raised their right hand and they have pledged to defend the state constitution, to do their duty, to implement the law, they have made a public pledge before God and now they are dissing God, they are dissing the United States and the state constitutions and the people who elected them. An uninformed public that allows this to happen is just as bad when they vote foolishly or they vote wickedly. We have evidence abounding that there is a civil war occurring in the United States of America, it’s not being done with guns or knives, but it’s being done by usurpers of the United States Constitution and they have positioned themselves in power, they have infiltrated the constitutional land of the United States, they have gotten there with the help of ignorant people or wicked people and then they have implemented their own will.

Thomasson later said that President Obama is using lies and deception to bring about gay rights laws.

He has finally in an election year, last year, decided that he needed money from wealthy homosexual businesspersons and their supporters and he came out with the truth. He really is a supporter of everything homosexual, bisexual, transsexual; he has imposed it on the military, he’s imposing it on marriage, he’s imposing it on our culture.



There are professional liars and there are professional double-talkers, and I’m not sure what you have here but you do have someone that is giving multiple messages. He already gave his message, he gave his message last year, in an interview he said that he supports homosexual marriages being legal, and that means everywhere. So it doesn’t matter what he says now. I guess he is working on a legacy; well the legacy is that America is really going down, down. Not simply because of foolish voters who don’t check out the real policies or real positions of the candidates or don’t even check out what’s best for children, but they listen to the lies and the myths and statements of candidates themselves and they just vote on image or they vote on feeling. That’s really self-idolatry.

Thomas More Law Center Warns SCOTUS Gay Rights Victory Would Lead to 'Ideological Totalitarianism'

The Thomas More Law Center, a right-wing legal group whose advisory board includes Rep. Michele Bachmann and former Rep. Allen West, is warning the Supreme Court that a ruling in favor of marriage equality would lead to “ideological totalitarianism” and hand gay rights advocates “a legal weapon with which to beat down ideological opponents.”

In an amicus brief filed last week [pdf], Thomas More argues:

To enshrine one side of a deeply divisive issue in constitutionally untouchable concrete is to fashion a legal weapon with which to beat down ideological opponents, at the cost of intellectual liberty. For this Court to say that it is irrational or illegitimate for a government to recognize, and act upon, the distinction between the potentially procreative marital act, and every other sexual act, would be for this Court implicitly to declare as irrational, benighted, or bigoted, all those individuals who adhere to the traditional view of marriage.

Already those who dare to voice objections to any part of the political program of various LGBT advocacy groups risk vilification, marginalization, or worse. Liberty suffers when one side of a debate is delegitimized as a matter of constitutional law.

….

In Lawrence, this Court has held that sexual acts between persons of the same sex may not be prohibited. But to go further and say that no government may treat such acts as different, for purposes of government policy or official recognition, from the unique marital acts of a man and a woman, would be enormously to expand the constitutional power this Court already affords sexual choices as such. To take that additional step would be to declare unacceptable and illegitimate the recognition of the uniqueness of the marital act. Those who subscribe to that recognition, in turn, then become pariahs, ignoramuses, or bigots in the eyes of the law.

Opponents of the legal redefinition of marriage already face the prospect of significant retaliation. Equating such persons, as a matter of constitutional law, with racist rednecks or backwards fools, serves as a legal license to continue or increase the legal and social marginalization of such persons. The price is the loss of liberty for those individuals who can no longer obtain gainful employment in their fields….and the loss of intellectual diversity for larger society…This Court should not foster the imposition of what would be, in effect, an ideological totalitarianism, i.e., a regime in which the unquestioning acceptance of the same-sex marriage movement represents the only permissible point of view. (Citations omitted)

The Thomas More Law Center is prone to this sort of dramatic prediction. The group unsuccessfully sued the Justice Department over the Shepard-Byrd Hate Crimes Prevention Act, which it claimed would create “a special class of persons who are ‘more equal than others’ based on nothing more than deviant, sexual behavior.” The group further claimed that "the sole purpose of this law is to criminalize the Bible and use the threat of federal prosecutions and long jail sentences to silence Christians from expressing their Biblically-based religious belief that homosexual conduct is a sin." The Shepard-Byrd Act, of course, only imposes jail sentences on people who have actually committed crimes and has yet to “criminalize the Bible.”

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)
 

Crampton: Society Will Be on the 'Verge of Total Collapse' if SCOTUS Strikes Down Prop 8

On today's "Faith and Freedom" radio program, Matt Barber and Steve Crampton discussed the Supreme Court's decision to hear arguments on California's Proposition 8 later this spring, with Crampton warning that the American people need to be made aware of just how important this case will be because "society itself is on the verge of total collapse if we give up what marriage really means":

Liberty Counsel Warns Gay Marriage Will Keep Boys and Girls from Becoming Men and Ladies

Back in 2010, when a federal district court in California heard the first legal challenge to the anti-gay Proposition 8, the judge asked the attorney defending Prop 8 how marriage equality would hurt the ability of straight couples to bear and raise children. The attorney sputtered and answered, “I don’t know.” A key witness for Prop 8’s supporters had the same answer, and later changed his mind to support marriage equality.

Four years later, the case is coming before the Supreme Court, and marriage equality opponents are still struggling to answer that question. In an amicus brief [pdf] filed with the court last week, the anti-gay Liberty Counsel took a shot at it. If marriage equality is achieved, Liberty Counsel argues, “Many boys will grow up without any positive male influence in their lives to show them what it means to be a man, and many girls will grow up without any female influence to show them what it means to be a lady.”

Not only does Proposition 8 further the state’s interest in steering childrearing into the husband-wife marriage model, but it furthers the important interest in providing male and female role models in the family. Male gender identity and female gender identity are each uniquely important to a child’s development. As a result, one very significant justification for defining marriage as the union of a man and a woman is because children need a mother and a father. We live in a world demarcated by two genders, male and female. There is no third or intermediate category. Sex is binary. By striking down Proposition 8, this Court will be making a powerful statement: our government no longer believes children deserve mothers and fathers. In effect, it would be saying: “Two fathers or two mothers are not only just as good as a mother and a father, they are just the same.”

The government promotion of this idea will likely have some effect even on people who are currently married, who have been raised in a particular culture of marriage. But this new idea of marriage, sanctioned by law and government, will certainly have a dramatic effect as the next generation’s attitudes toward marriage, childbearing, and the importance of mothers and fathers are formed. By destroying the traditional definition of marriage, the family structure will be dramatically transformed. Many boys will grow up without any positive male influence in their lives to show them what it means to be a man, and many girls will grow up without any female influence to show them what it means to be a lady.

The repercussions of this are incalculable and will reshape the culture in which we live. Many children learn appropriate gender roles by having interaction with both their mother and their father and by seeing their mother and their father interact together with one another. By redefining marriage to state that this is not a family structure that the state wants to foster and encourage, this Court will be overturning centuries of historical understandings of family and the home.

To give you an idea of the kind of parenting that Liberty Counsel supports, its lawyers Mat Staver and Rena Lindevaldsen, who are named on its brief, are also representing a woman accused of kidnapping her daughter rather than let her have contact with her other mother (the woman’s former same-sex partner).
 

Will the Supreme Court Read the Most Horrific Children's Book of All Time?

Earlier this week, we looked at the slightly conflicted amicus briefs that the Family Research Council submitted to the Supreme Court ahead of its consideration of two major marriage equality cases. Today, Warren Throckmorton alerts us that the “ex-gay” group Parents and Friends of Gays and Ex-Gays (PFOX) has submitted its own brief to the Court.

The PFOX amicus brief [pdf], unsurprisingly, argues that gays and lesbians should not be a “protected class” under the law because homosexuality “is not an immutable characteristic.” As evidence, it presents the stories of four self-proclaimed “ex-gays” whose lives purportedly show that “sexual orientation can shift over time and does so for a significant number of people.”

One of the stories the brief presents is that of “Richard Cohen, M.A…an ex-gay who is now married with 3 children. He struggled for much of his life with unwanted same-sex attraction. Richard is the founder of the International Healing Foundation (IHF) and the author of Coming Out Straight, Gay Children Straight Parents, Let’s Talk About Sex, and Alfie’s Home.”

As it happens, Cohen is one of the most prominent purveyors of reparative therapy, the harmful process of trying to “cure” homosexuality that was recently banned for minors in California. And his book Alfie’s Home, cited in PFOX’s Supreme Court brief, is the most horrifically disturbing children’s book we have ever seen. We know, because we are unlucky enough to have a copy in our research library. Here is some of what the Justices have in store if they check out Cohen’s work:

Alfie’s Home was published in 1993 by Cohen’s International Healing Foundation. It starts out with a picture of the protagonist on a boat with his dad.

But it goes bad fast, going right for the right-wing myth that homosexuality is caused by childhood sexual abuse…

…and by insufficiently attentive parents:

Eventually, Alfie seeks help and takes part in the “touch therapy” advocated by Cohen…

…which leads him to “realize that I’m not gay” and start dating a woman:

You can see Cohen’s “touch therapy” in practice in this 2006 CNN interview:

He also made a cameo on the Daily Show.

For their own sakes, I hope the Justices don’t look too far into Cohen’s story. But if they do, they’ll get a revealing glimpse of the world that is trying to sink gay rights laws across the country.
 

FRC: Anti-Gay Laws Reflect Public Opinion, Gay Rights Laws Reflect Powerful Gay Lobby

The Family Research Council submitted two amicus briefs to the Supreme Court yesterday urging it to reject challenges to DOMA and to California’s Proposition 8. The briefs lay out some of the same arguments that we’ve heard many times from the FRC. But we were curious if the FRC would jettison one of its favorite talking points– the success of discriminatory measures at the ballot box –in light of last year’s resounding marriage equality victories in Maine, Maryland, Minnesota and Washington.

The answer was yes and no.

In its brief on Hollingsworth v. Perry, the Prop 8 case, the FRC goes back to the old talking point, ignoring the events of last November, to argue that “there is no ‘emerging awareness’ that the right to marry extends to same-sex couples.”

This Court has never stated or even implied that the federal right to marry extends to same-sex couples.  And, with the exception of the district court’s decision below, which was affirmed on other grounds by the court of appeals, no state or federal court has held that the fundamental right to marry extends to same-sex couples.  In sharp contrast to the “emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex,” Lawrence, 539 U.S. at 572, which, in turn, was based upon an examination of “our laws and traditions in the past half century, id. at 571, “[t]he history and tradition of the last fifty years have not shown the definition of marriage to include a union of two people regardless of their sex.”  If anything, the fact that thirty States have amended their constitutions to reserve marriage to opposite-sex couples strongly suggests that there is no “emerging awareness” that the right to marry extends to same-sex couples.

But when the FRC wants to argue that gays and lesbians are not a “politically powerless” group deserving protection from discrimination, they flaunt the 2012 election results and point to how close previous anti-gay votes on state ballots were. This is from the brief on U.S. v. Windsor, the DOMA case:

Any lingering doubt that gays and lesbians are able to influence public policy, particularly with respect to the issue of same-sex marriage, should have been laid to rest by the results of the last election.  Three States – Maine, Maryland and Washington, by popular vote, approved laws allowing same-sex marriage, and in a fourth State – Minnesota – voters rejected an amendment to the state constitution that would have prohibited same-sex marriage.  Even in States where such amendments have been approved, the margin of victory has often been narrow, in some cases barely passing (as in California in 2008 and South Dakota in 2006), indicating that homosexuals, who comprise no more than one to two percent of the population, have succeeded in enlisting many heterosexuals to support their cause for same-sex marriage.  In such a dynamic social and cultural environment, the belief that homosexuals are “politically powerless in the sense that they have no ability to attract the attention of the lawmakers,”  strains credulity. 

So when voters reject gay rights at the ballot box, they are reflecting public opinion. But when they vote in favor of gay rights, they have been “enlisted” to the cause by powerful gay rights lobbyists.

Prop 8 Appeal Sent to the Supreme Court

This afternoon, the full 9th Circuit Court of Appeals declined to hear an appeal of the Prop 8 case.  In February, a three-judge panel of the 9th Circuit struck down Prop 8, finding California's revocation of the right of same-sex couples to marry same-sex marriage ban to be unconstitutional. The 9th Circuit's decision means that either the Supreme Court will take up the case or the 9th Circuit’s decision striking down the law will stand.

The appeals court ruling is on narrow grounds unique to California, where same-sex couples were left with all the state rights of marriage but not the name. It found that taking away gay and lesbian couples’ designation of “marriage” while leaving their rights unchanged did not serve any of the purposes put forth by its defenders. Instead, its only purpose and effect was to lessen a targeted group’s status and dignity by reclassifying their relationship and families as inferior. The Court did not address the larger question of whether gays and lesbians have a constitutional right to marry. While the Supreme Court will be presented with the narrower question as framed by the Ninth Circuit, it is impossible to tell, if it agrees to hear the case at all, whether they will rule on this principle or more broadly on the ability of states to deny lesbians and gays the right to marry.

PFAW Foundation

Virginia Rejects Openly Gay Judicial Nominee After Campaign By Far-Right Activists

Virginia’s House of Delegates yesterday rejected the nomination of a state prosecutor to serve as a judge – just because he is openly gay.

Tracy Thorne-Begland, a Navy veteran who has been a prosecutor in Richmond for 12 years, enjoyed bipartisan support in the House of Delegates until, at the last minute, he came under attack from far-right Delegate Bob Marshall and the right-wing Family Foundation. The Richmond Times Dispatch reports:

A late-hour lobbying offensive by social conservatives prevailed in the House of Delegates early Tuesday to torpedo bipartisan support for the judicial nomination of an openly gay Richmond prosecutor.

After a lengthy discussion, the GOP-controlled House of Delegates defeated the nomination of Tracy Thorne-Begland, Richmond's chief deputy commonwealth's attorney. He would have been the first openly gay judge elected in Virginia.

Thorne-Begland received 33 votes, and 31 delegates voted against him. He needed a majority of the 100-member House -- 51 votes -- to secure the judgeship.

….

In an email blast to supporters late last week, the Christian conservative Family Foundation questioned Thorne-Begland's fitness for the bench given his support for gay marriage, which is not legal in Virginia. Thorne-Begland and his partner, Michael, live together and are raising twins.

Marshall, too had charged that Thorne-Begland pursued an "aggressive activist homosexual agenda.

Opponents of gay rights, in their effort to keep LGBT people out of the public square, have in the past few years gone after several openly gay judges and judicial nominees. Supporters of California’s discriminatory Prop 8 tried to get a federal judge’s ruling against them thrown out because the judge is openly gay. Another judge issued an epic takedown of their argument.

A number of Republican delegates in Virginia, as well as the state’s socially conservative governor Bob McDonnell backed Thorne-Begland’s nomination until Del. Marshall began his onslaught.

Del. Marshall is the one who claimed in 2010 that disabled children are God's punishment for abortion. On Don’t Ask, Don’t Tell – a policy that Thorne-Begland worked to end after his distinguished career in the Navy – Marshall said openly gay troops would distract their fellow servicemembers: "It's a distraction when I'm on the battlefield and have to concentrate on the enemy 600 yards away and I'm worried about this guy whose got eyes on me." Once Don’t Ask, Don’t Tell was repealed, Del Marshall tried to get gay Virginians banned from the state’s National Guard.

Marshall later told the Washington Post that he objected to Thorne-Begland’s brave coming out in protest of Don’t Ask, Don’t Tell:

I would guess — law of averages — we’ve probably nominated people who have homosexual inclinations,” Marshall said. Marshall faulted Thorne-Begland for coming out as a gay Naval officer on “Nightline” two decades ago to challenge the military’s now-repealed ban on gays openly serving in the military. He said that amounted not just to insubordination, but to a waste of taxpayer dollars, since it resulted in his dismissal from the Navy. “The Navy spent $1 million training him,” Marshall said. “That’s cheating the country out of the investment in him.”

In the end, it was Del. Marshall’s arguments that won out in the effort to halt the career of a dedicated Virginia public servant.

PFAW

Engle Tells Robertson that Prayer Defeated the 'Homosexual Agenda' in California

Like his fellow Proposition 8 supporters Che Ahn and Jim Garlow, Lou Engle maintains that their prayers led to the reversal of marriage equality in California in 2008 and a “sovereign appointment” with former San Francisco mayor (and current Lt. Gov.) Gavin Newsom “to call him to accountability to what he was going to do in that city concerning the homosexual agenda.” While speaking today with Pat Robertson on the 700 Club to publicize the upcoming The Call: Virginia, which Robertson has endorsed, Engle said his September, 2010 prayer rally in Sacramento “removed” the state’s governor from office. However, then-Gov. Arnold Schwarzenegger had already made the decision not to run for re-election in November, 2009, and Democrat Jerry Brown won the gubernatorial race later that year.

Watch:

Robertson: Tell me one example where prayer that you know of—I know many—changed things in a nation?

Engle: I look at my own story and my prayer history in California, on a forty day season of fasting and prayer, God spoke to me that I needed to contend with those heavenly powers through humility and fasting. We believe, two stadium gatherings, a forty day fast across California, the governor of California, right after The Call in Sacramento, was removed from office, also put me in front of Gavin Newsom in a sovereign appointment to call him to accountability to what he was going to do in that city concerning the homosexual agenda. It’s actually changed so much, in my life and with the journey that I’m in, let alone many, many, stories of prayer changing history.

Robertson: One more time, Fredericksburg, Virginia, a linchpin state, there’s people coming all around the nation to join The Call.
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