Tuesday, January 6, 2015

NOM's Brian Brown audaciously "demands" SCOTUS to intervene in Florida

It took National Organization for Marriage a bit longer than usual to respond to events in Florida which made my state the 36th marriage equality state in the nation. I think that they needed the extra time just to type out the headline of their press release which reads:
National Organization for Marriage Says Same-Sex Marriage in Florida Is Illegitimate, Calls On Florida Officials to Enforce State Law and Demands US Supreme Court to Reaffirm Right of States To Define Marriage As Union Of One Man And One Woman
They go on from there to make the same losing arguments that they have been making since Prop 8 was challenged in court:

"It is simply illegitimate for the opinion of a federal district judge to trump the decision of millions of Floridians and attempt to redefine marriage in violation of Federal law," said Brian Brown, NOM's president. "Federal judges are acting as if the US Supreme Court has ordered same-sex marriage to be imposed, but in reality the Court has ruled that states have the right to define marriage. We demand that the US Supreme Court act immediately to review the pending marriage case before them and swiftly reaffirm that states have the right to define marriage as the union of one man and one woman."
Not exactly Mr. Brown. Justice Kennedy, writing for the majority in United States v. Windsor, said:
In order to assess the validity of that intervention it is necessary to discuss the extent of the state power and authority over marriage as a matter of history and tradition. State laws defining and regulating marriage, of course, must respect the constitutional rights of persons, see, e.g., Loving v. Virginia, 388 U. S. 1 (1967) ; but, subject to those guarantees, “regulation of domestic relations” is “an area that has long been regarded as a virtually exclusive province of the States.” Sosna v. Iowa, 419 U. S. 393, 404 (1975).
More and more courts are finding that same-sex marriage bans do, in fact, violate the constitutional rights of citizens.  It's not all that complicated unless you are running NOM as a proxy for the wishes of the hierarchy of the Catholic Church. Then things become arcane.

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