NOM Still Butthurt Over CA Prop 8 SCOTUS Decision
By Tim Peacock
In the wake of last month’s two historic Supreme Court marriage equality decisions, anti-gay organizations began a nosedive as they attempted to plot a new course to victory. One organization in particular – the National Organization for Marriage (NOM) – took the news particularly hard. First came the outrage and disbelief from their Communications Spokesbigot Thomas Peters that only seemed to worsen as time passed. Similarly, Brian Brown and others at NOM expressed disbelief that the battle for “traditional marriage was over” right up until one of their organization’s board members – science fiction author Orson Scott Card – announced that the gay marriage debate was “moot” since it’s now inevitable. Thus far Brown (and NOM as a whole) seem to be ignoring his wisdom as they’ve just released a “Path Forward” on their blog this week.
|An Updated Marriage Equality Map (Click to Enlarge)|
As with many claims made by conservatives (NOM specifically), Peters is in now way correct. The original case that challenged California Proposition 8 – Hollingsworth v. Perry – overturned the unconstitutional voter initiative because it “violated the due process and equal protection clauses of the Fourteenth Amendment because there was no rational basis for re-refusing marriage licenses to same-sex couples.” When the state refused to challenge the decision marriage equality opponents took up the cause and brought the case before the Ninth Circuit Court of Appeals (that also ruled against the anti-gay law). In their decision, the Ninth Circuit Court of Appeals said “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.” Citing Romer v. Evans, the decision went on to argue that “The Constitution simply does not allow for ‘laws of this sort’.”