Friday, July 24, 2015

NOM should continue to live because of vagaries in public opinion polls?

Do not resuscitate

Between loud requests for money (any amount will do) National Organization for Marriage insists that it has a reason to continue to exist. Their latest foray into the berths of the breathing is titled “That Didn't Take Long.” The gist is that there is hope for the hopeless because a couple of opinion polls suggest that support for same-sex marriage is in decline. These are folks who also fervently believe that a visit to Lourdes can cure cancer.

The truth is much simpler. The opinion of the justices of the Supreme Court is the only one that counts. Constitutionality is not subject to popularity. In fact the Court must act to protect the rights of unpopular people and unpopular causes. A constitutional amendment is not a remotely realistic proposition.

Even a more conservative Court would have to have a new case to consider before it could undo Obergefell. For that to happen someone with Article III standing is going to have to sue someone to overturn equality. Article III standing means that someone must demonstrate an injury which, in this case, is a direct result of same-sex marriage and can be redressed by overturning marriage equality. It was the lack of standing that doomed the Proposition 8 case. We get back to the preposterous proposition that same-sex marriage has some mysterious effect on so-called traditional marriages.

Rational thought seems irrelevant in an atmosphere of:
The very idea that NOM has a plan that money will move forward is just a means of taking more money from deluded people grasping at straws. Shame on Mr. Brown.

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