Maggie was on the Dennis Miller Show yesterday (interviewed by a guest host) to discuss last week’s ruling on DOMA and Proposition 8. You can listen below.
Via USA Today:
But Maggie Gallagher, founder of the National Organization for Marriage, which put Prop 8 on the ballot, criticized the Supreme Court. In a written statement, Gallager said Justice Anthony Kennedy’s majority opinion “unfairly and illegitimately makes ‘custom’ and ‘tradition’ a sufficient reason to overturn the democratic branch of government — a standard which has never been applied when Congress passes new laws that affirm new leftist values.”
Justice Kennedy has invented a new standard of ‘heightened scrutiny’ for laws which are new or unusual—that is to say most new laws: “DOMA’s unusual deviation from the usual tradition of recognizing and accepting state definitions of marriage here operates to deprive same-sex couples of the benefits and responsibilities that come with the federal recognition of their marriages.” Kennedy unfairly and illegitimately makes “custom” and ‘tradition” a sufficient reason to overturn the democratic branch of government—a standard which has never been applied when Congress passes new laws that affirm new leftist values. Kennedy’s decision is not law, it is Justice Kennedy’s moral values written into our Constitution, and interfering with our rights as Americans to pass laws that accord with our values on marriage.” Kennedy’s decision is the Roe v. Wade of this generation, not this generation’s Brown v. the Board of Educations,” said Gallagher, “Like Roe, stepped in to disenfranchise millions of voters’ concerns to tilt unfairly the scale of justice controversial moral issue trending in a liberal direction. But like Roe the deep questions involved in marriage will not simply go away: At the heart of the gay marriage argument is an untruth: unions of two men or women are not the same as unions of husband and wife; The law cannot make it so, it can only require us to paint pretty pictures to cover up deep truths embedded in human nature.
Speaking on behalf of the American Principles Project, Maggie Gallagher had some insight into how “swing vote” Justice Kennedy may lean in the coming Supreme Court cases on Prop 8 and DOMA:
“Backers of Proposition 8 say they’re confident Kennedy will vote to uphold the measure and refuse to recognize a constitutional right to same-sex marriage. Even after new laws go into effect allowing gay marriage in Maine, Maryland and Washington, only nine of the 50 states, plus the District of Columbia, will permit the practice.
“It would be unlike Kennedy to overturn the laws of 41 states,” said Maggie Gallagher, a senior fellow at the American Principles Project, a Washington-based group that opposes gay marriage.
New York appeals court strikes down DOMA
New York (CNN) — A federal appeals court in New York on Thursday became the nation’s second to deem the Defense of Marriage Act unconstitutional.
The divisive Clinton-era law was passed in 1996 and bars federal recognition of same-sex marriages and says states cannot be forced to recognize such marriages from other states.
The court determined that the federal law violates the Constitution’s equal protection clause. A federal appeals court in Boston made a similar ruling in May, but the moves are considered largely symbolic as the issue is expected to be eventually decided by the U.S. Supreme Court.
In February, the Obama administration ordered the Justice Department to stop defending the constitutionality of the law.
This week, the full 9th Circuit refused to hear any more arguments on gay marriage.
Judge O’Scannlain’s dissent was scathing: “Based on a two-judge majority’s gross misapplication of Romer v. Evans, we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia,” he said.
Worse, the judge said, the decision overrules the votes of 7 million Californians based on an interpretation of Romer v. Evans that would be “unrecognizable” to those who wrote it.
Wow. It was good to hear from a judge what so many of us feel. It’s not that people disagree with us, it’s the casual disrespect with which people who support Prop 8 are treated: routinely described and treated as haters, bullies and bigots for standing up for marriage as the union of husband and wife.
The First Circuit has struck down DOMA’s definition of marriage as the union of man and wife. The judges have stayed the decision, recognizing the radical nature of so doing, pending the Supreme Court’s ratification of their view that Congress has no right to define marriage for the purpose of federal law.
Taxpayers of all these United States must pay for what any state deems a marriage, these judges ordered.
William Duncan of the Marriage Law Foundation called it a, “result in search of a rationale.”
We’ve gotten used to these kind of outrages—outrageous violations of the respect owed to the judgment of the people.
What is remarkable is the openess with which the judges in this case carefully analyzed the grounds and sincerely admitted they had no real legal basis to strike down a law . . . but did so anyway.
Just 15 years ago, President Clinton signed into law the federal Defense of Marriage Act (DOMA). It was passed by huge bipartisan majorities. It is the only federal law to protect marriage as the union of one man and one woman and clarifies that no state can be forced to recognize same-sex marriages.
Now, Democrats in the Senate are acting to repeal DOMA–the measure has already passed out of the Judiciary Committee as part of a strategy to weaken traditional marriage. By passing a repeal of DOMA in the Senate (even if it couldn’t pass the Republican House), these proponents of same-sex marriage are hoping to persuade the Supreme Court to invalidate DOMA. They believe that this would help the Court believe that Americans no longer care about marriage and that it’s safe to impose same-sex marriage on all 50 states.