NOM Still Butthurt Over CA Prop 8 SCOTUS Decision

By Tim Peacock

NOM's butthurt over CA Prop 8

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. 

Of particular interest is the first comment to the piece that correctly notes that the piece claims “38 states that define marriage as being only between a man and a women. With the latest supreme court ruling, hasn’t that dropped to 37 since CA now allows gay marriage?” Enter perpetually butthurt whiner (and NOM spokesman) Thomas Peters response:
“Prop 8 remains the law in CA. Clerks have been ordered to ignore it.”

Marriage Equality States
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’.”

Ultimately the U.S. Supreme Court found that Proposition 8’s supporters did not have standing to actually bring the case to court in the first place as they could demonstrate no personal or tangible harm that would justify standing. Since the case was punted back to the previous court, the previous court’s ruling stands. And what was that ruling? Right, the law is unconstitutional. In fact, that same court those in favor of Prop 8 took the case to lifted their self-imposed stay on marriage license issuing the day the U.S. Supreme Court made their ruling. 
Whether Peters (and NOM as a whole) likes it or not, Prop 8 is toast. Just as politicians like Michele Bachmann chose to attack the Constitution when a decision didn’t go her way, ignoring the results of lawsuits won’t make NOM’s claims any more true. And with heros like Pennsylvania Attorney General Kathleen Kane, NOM may have to make a few more statistical adjustments very soon. 
About Tim Peacock:
For virtually his entire life, Tim has been writing. Over the years he’s dabbled in mainstream fiction, science fiction, dystopian fiction, and personal essays. The one consistent thread through his entire writing career has been blogging – he’s been doing it since 1997 in one form or another. In creating Peacock Panache, he’s combined two of his favorite hobbies: blogging and current events/politics. When not working here, Tim toils away at editing & rewriting the novels he’s completed over the years. You can read samples of his other work here.

You can find Tim elsewhere online at his personal website. You can also find him on LinkedIn as well as on Twitter as @timsimms

Tim Peacock is the Managing Editor and founder of Peacock Panache and has worked as a civil rights advocate for over twenty years. During that time he’s worn several hats including leading on campus LGBT advocacy in the University of Missouri campus system, interning with the Colorado Civil Rights Division, and volunteering at advocacy organizations. You can learn more about him at his personal website.


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