Tuesday, December 1, 2015

Bill May: Which 38 pray tell?

William B. May via YouTube
According to an email sent to supporters this morning (in part below), Bill May head of the oddly named “Marriage Reality Movement” (actually Catholics for the Common Good) has a plan to “take back marriage.” Of course that means re-instituting marriage discrimination by somehow overturning the decision of the Supreme Court in Obergefell v. Hodges. There are two ways to do this — neither of which is likely to succeed.

These things take time. Time is definitely not on Mr. May's side. Experience dictates that the longer people are exposed to same-sex marriage, the less opposed they become. One reason for this is that none of the parade of horribles that opponents claim would happen actually happen.


They could try a constitutional amendment. That first requires a two-thirds majority in both houses of Congress or by a constitutional convention called for by two-thirds of the State legislatures. None of the existing amendments have been created through a convention. It's academic because it is not going to happen. Even if, by some miracle, it was approved by Congress you still need 38 states to ratify. Which ones? Be specific.

The second method is for the Supreme Court to reverse itself. It has certainly happened in the past. This presumes that a GOPer is our next president and gets to replace one of the liberal justices with a conservative. But there is more. The Court is not going to reconsider Obergefell. They need a new case.

That's no simple task. To bring suit one has to have Article III “standing.” You might recall that when California Proposition 8 made it to the Supreme Court, it was dismissed because its proponents lacked standing. Similarly, no person could bring suit on the basis that marriage is the prerogative of the state. To bring suit someone has to demonstrate that they have suffered real direct damage as a result of same-sex marriage. It cannot be a speculative, hypothetical or abstract harm.

At the time oral arguments were heard in Obergefell Massachusetts had a decade of experience with same-sex marriage.  In fact by that time most of the states approved same-sex marriage. Some, like Iowa, had years of experience. Yet, the best arguments that opponents could muster were – indeed – speculative, hypothetical or abstract. If you want to understand consequences that are speculative, hypothetical or abstract you need only read one of Robert George's treatises on same-sex marriage.

What makes Mr. May believe that this time around will be different? He, and the US Conference of Catholic Bishops, are trying to occupy space that National Organization for Marriage seems unable to hold. However, in short order MRM will be in the same predicament as NOM. The only real harm done by same-sex marriage is to the validity of the teachings of the Catholic Church on marriage — and rightly so. Even most Catholics are opposed to the Church on that matter.

May lives in delusion and denial. He is unable to grasp the simple fact that the whims of his church are not going to be, and never have been, incorporated into public policy. So now he is looking for people who either have too much money or are too stupid to realize the futility of the enterprise.
We've had a day for giving thanks and two days for getting deals, now you have the opportunity to give back on Giving Tuesday!

The Marriage Reality Movement needs your help to combat the greatest threat from the U.S. Supreme Court decision to redefine marriage: What our children will now be forced to learn in schools.

With the redefinition of marriage and the new curricula and text books coming, children will be compelled to accept the lie that having families with children deprived of their own married mother and father is a good thing.

The Marriage Reality Movement has a plan to take back marriage for our children and families. Members don't define the movement by what we are against, but what we are for - defending and promoting the human right of children to know their mother and father and to be raised in a family with them united in marriage.

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