Saturday, January 4, 2014

Brian Brown: The Duck Dynasty controversy proves that Americans are opposed to gay marriage

National Organization for Marriage
Here's what Brian Brown, head of National Organization for Marriage told Newsmax:
Americans showed how much they oppose gay marriage when they overwhelmingly supported "Duck Dynasty" star Phil Robertson through his battles with the A&E Network, says the president of the National Organization for Marriage.
Viewers of this show are not exactly a representative sample of American opinion. National polls demonstrate that a growing majority of Americans support same-sex marriage. Mr. Brown continues:

There’s a reason why gay marriage advocates have focused much of their attention on forcing a redefinition of marriage through the courts. They realize that when the American people get involved, they consistently demonstrate their support for true marriage.
Understandably Brown has selective memory. The last time we had that opportunity was in 2012 and Brown got his ass kicked. The reason that United States v Windsor went to the Supreme Court is because opponents of equality pushed it there. They did not get the result that they wanted. Indeed they got a result that has opened up the potential for equality through litigation. Utah is just the first of many states that are going to become marriage equality states. According to Mr. Brown we should submit our due process and equal protection constitutional rights to the further approval of the electorate. According to Newsmax:
Brown also wrote that he expects the issue of same-sex marriage to end up back in the Supreme Court, despite the court's "terrible ruling" last year effectively allowing it.

A decision by the court could come as early as Friday afternoon, based on an appeal from Utah officials of a federal judge's decision striking down the state ban on gay marriage.

"If SCOTUS accepts the appeal, we may have a definitive ruling on the constitutionality of marriage sometime in 2014," said Brown.
2014? Utter nonsense! Brian has lost his mind. There is nothing before the Court other than a request for a stay that is before Justice Sotomayor. Whether or not the stay is granted (which is unlikely) it is irrelevant to the central issue. The Tenth Circuit is going to first try the matter. Even with an accelerated briefing schedule they are unlikely to reach a conclusion until the summer. If, as expected, the 10th Circuit upholds the lower court, the state might choose to appeal the matter to the Supreme Court (and they might not). It might be considered in the 2015 term. The Court might not choose to hear the case. The existing judges would probably rule on the same grounds and along the same lines as Windsor. However, we have no idea who the justices will be in 2015.
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