SCOTUS: Same-Sex Marriage Opponents Must Reveal Names Of Their Donors

Via the Associated Press:

The Supreme Court has turned away an appeal from same-sex marriage opponents in California who want to keep the identities of their campaign donors secret. The justices on Monday let stand a lower court ruling against ProtectMarriage.com, the National Organization for Marriage and other supporters of a 2008 ballot initiative that outlawed same-sex marriages in California until the ban was overturned five years later. The groups sought to conceal their past and future campaign finance records because they feared harassment of donors. The 9th U.S. Circuit Court of Appeals ruled against them in part because the names have been publicly available for five years. State law requires political committees to identify those who contribute more than $100 during or after a campaign, along with the donor's address, occupation and employer.

Lawlessness! Judicial activism!

SAN FRANCISCO: Archbishop Decrees That Catholic Staffers Must Not Masturbate

Via the SF Gate:

The conservative Roman Catholic archbishop of San Francisco has developed a new document for Catholic high school faculty and staff clarifying that sex outside of marriage, homosexual relations, the viewing of pornography and masturbation are “gravely evil.” Archbishop Salvatore Cordileone’s document applies to faculty and staff at four Catholic high schools: Riordan and Sacred Heart in San Francisco, Marin Catholic in Kentfield and Serra High School in San Mateo. It states that administrators, faculty and staff “affirm and believe” the controversial statements, which will be part of the faculty handbook. The document goes on to say that marriage is between “one man and one woman,” despite California law allowing same-sex marriages. It also notes that sperm donation, the use of a surrogate and other forms of “artificial reproductive technology” are also gravely evil.

Cordileone, who was arrested for drunk driving in 2012, is considered by some to be the "father" of Proposition 8. Last year he led NOM's hate march against same-sex marriage.

UPDATE: Students have launched a petition against the new "morality" edicts.

We call on the Archbishop to cease his efforts to institute outdated and discriminatory “morality clauses,” to retain workplace protections and to allow Catholic school teachers to focus on the work they are doing to educate thousands of Bay Area children. The proposed changes directly contradict the Pope’s teachings, the Catholic values of inclusion and diversity, and the free and open exchange of ideas, which is the hallmark of a good education. They create a culture of fear that denies staff the right to follow their own individual consciences and harms students. As people of faith who value education, equality and freedom of conscience, we ask the Archbishop to remove this language immediately.

Catholic Bishops Have The SCOTUS Sadz

"It’s hard to imagine how the essential meaning of marriage as between the two sexes, understood in our nation for over two hundred years, and consistent with every society throughout all of human history, could be declared illegal. To those arguing for a constitutional redefinition of marriage, one must ask: when did the Constitution suddenly mandate a novel and unfounded definition of marriage? To ask such a question is not a judgment on anyone. It is a matter of justice and truth. The central issue at stake is: what is marriage? The answer is: a bond which unites a man and a woman to each other and to any children who come from their union. Only a man and a woman can unite their bodies in a way that creates a new human being. Marriage is thus a unique and beautiful reality which a society respects to its benefit or ignores to its peril." - "Father of Prop 8" and drunk driver Archbishop Salvatore Cordileone, in a press release issued on behalf of the United States Conference of Catholic Bishops.

Prop 8 Backers Money Beg On SCOTUS: True Marriage Is Making A Comeback

"Finally, the outrageous rulings of activist judges around the nation--that nullified the will of millions of citizens who voted to preserve traditional marriage--will come under Supreme Court scrutiny. We could be on the cusp of a huge comeback for true marriage! I remain confident that the Supreme Court will uphold the states’ rights to define marriage. Even as Justice Anthony Kennedy wrote the majority opinion striking down the federal Defense of Marriage Act (DOMA) in 2013, he did so because it infringed upon the states’ authority over marriage. He relied on the states’ 'essential authority to define the marital relation' and our nation’s 'history and tradition of reliance on state law to define marriage.' As a key swing vote on the Supreme Court, Justice Kennedy’s viewpoint could very well determine the outcome here. Now it's time to pull out all the stops for this final battle for marriage in the legal system. Will you help? Please help us fight this battle with your tax-deductible and confidential contribution of any size." - Protect Marriage head Andy Pugno, via email.

Prop 8 Backers: SCOTUS Will Reject Gay Marriage So Send Us Lots Of Money

"I am confident that the Supreme Court will uphold the states’ rights to define marriage. Even as Justice Anthony Kennedy wrote the majority opinion striking down the federal Defense of Marriage Act (DOMA) in 2013, he did so because it infringed upon the states’ authority over marriage. He relied on the states’ 'essential authority to define the marital relation,” and our nation’s 'history and tradition of reliance on state law to define marriage.' As a key swing vote on the Supreme Court, Justice Kennedy’s viewpoint could very well determine the outcome here. That’s why I believe the Supreme Court will ultimately rule in our favor. And when it does, we need to be ready for a nationwide 'comeback' for traditional marriage.

"If you’re like me, you probably feel as though the last couple of years have been especially dark times for marriage and the family in America. The traditional, natural family unit has been under relentless attack; and liberal, unelected judges have run amok in attempting to reform society as they see fit by judicial fiat. The legitimacy of the courts is more precarious than ever. But great victories often emerge from the darkest of times. This battle is not yet lost. I still have hope that traditional marriage will be restored in California. Do you? If you would like to help us prepare for the coming challenges, we welcome your tax-deductible and confidential contribution of any size." - Andy Pugno, head of Protect Marriage.

Headline Of The Day

Chris Geidner reports at Buzzfeed:

In a statement published Thursday and joined by Scalia, Thomas complained that, while the court has generally heard cases when federal or state laws have been found to be unconstitutional by lower courts, the justices “have not done so with any consistency, especially in recent months” — specifically pointing to the various marriage cases that the justices have declined to hear. [snip]

Thomas went on to explain, writing that the Supreme Court has “recognized a strong presumption in favor of” hearing appeals when federal statutes have been held unconstitutional. “States deserve no less consideration. … Indeed, we often review decisions striking down state laws, even in the absence of a disagreement among lower courts,” Thomas wrote, noting, among other cases, the court’s decision to hear the appeal of California’s Proposition 8 marriage ban — an appeal that the court ended up dismissing in 2013 on the technical grounds of standing.

Then, turning to the Supreme Court’s current term, Thomas noted, “But for reasons that escape me, we have not done so with any consistency, especially in recent months” — citing the court’s decision to deny the marriage case appeal requests out of Utah, Oklahoma, Virginia, and Wisconsin at the start of the term and the stay requests denied since in marriage cases pending in Idaho and Alaska.

Hit the link for much more and a copy of the statement.

Carl DeMaio: Race Was Exhausting, So What's A Few More Days Of Counting?

Scandal-plagued homocon US House candidate Carl DeMaio held a press conference this morning where he declined to declared victory on his 752-vote lead. As about 180,000 provisional, absentee, and mail-in ballots remain to be counted statewide, DeMaio said, "It’s been a really exhausting campaign, what’s a few more days?" Despite no winner having been declared, multiple right wing sites are crowing about DeMaio's win over "liberal hate groups." In the clip below, you can see Log Cabin Republicans head Gregory Angelo standing behind DeMaio.

Retweeted By Carl DeMaio

DeMaio has been blocking some writers and reporters on Twitter, but this one he likes.

TONIGHT: The Case Against 8

Chris Geidner has interviewed the filmmakers at Buzzfeed. The movie debuts at 9PM tonight on HBO.

NOM Loses Again, Ninth Circuit Court Upholds Prop 8 Donor Disclosure Law

NOM has lost again. In a 2-1 decision, the Ninth Circuit Court of Appeals has upheld the California law which requires that names of donors to public ballot measures be made public.

Sponsors of Proposition 8, the now-overturned initiative allowing only opposite-sex couples to marry in the state, complied with the disclosure law during the 2008 campaign and said some of their donors were targeted for threats and harassment. After unsuccessfully challenging the disclosure requirements, they sought to require the state to remove the names from its website and exempt them from the law in any future campaigns on related issues. But the Ninth U.S. Circuit Court of Appeals in San Francisco said the disclosure law has long been established as a constitutional measure to inform the public about campaign financing, and the current suit is pointless because the donors' names are publicly known.

The dissenting judge said that the court could consider future requests for exemption from the law based on the claims of harassment made by NOM and Protect Marriage.

The Center for Constitutional Jurisprudence's [and NOM chairman] John Eastman represented the plaintiffs. He said in an interview on Tuesday that he was actually encouraged by the ruling because it did not deny the groups' claims on their merits. That bodes well for the groups' challenges to similar disclosure rules in other jurisdictions, Eastman added. "We've got people that have been shot at," he said. "We easily meet the Supreme Court's standard for exemption from disclosure laws, and this court seems to recognize that." Eastman cited the majority's finding that the case might have ended differently had the plaintiffs appealed the denial of a preliminary injunction in 2009 - before the challenged information was so widely disseminated. "I think the opinion strongly suggest that we would have prevailed on such an effort," Eastman said, adding that he may use the ruling in potential future challenges to gay-marriage ballot initiatives in "half a dozen other states."

(Tipped by JMG reader Steve)

TRAILER: The Case Against 8

The film won Best Documentary Direction at Sundance and will air on HBO next month.

Hate Group Offers Free Legal Defense To Those "Fired" Over Prop 8 Support

Via press release:

Alliance Defending Freedom and the Freedom of Conscience Defense Fund are jointly offering free legal analysis and possible pro bono representation to anyone losing his or her job or suffering other job-related consequences because of past support for California’s constitutional amendment affirming marriage as the union of one man and one woman. ADF organized the effort in the wake of the recent forced resignation of Brendan Eich as CEO of Mozilla simply because he had contributed $1,000 to the Proposition 8 campaign. In addition to Eich, others have also been pressured out of their jobs since voters adopted the amendment in 2008.

Meanwhile the ADF fights viciously against any legislation that protects LGBT people from employment discrimination.

RELATED: Did the ADF provide free legal defense to their own lawyer who was sent to prison for making child porn with her daughter?

FRC Fail: Senate Confirms Pro-Gay Lawyer To Ninth Circuit Court Of Appeals

Last month the Family Research Council launched a petition campaign which called on its followers to demand that the US Senate block the confirmation of pro-gay lawyer Michelle Friedland, who was nominated to the Ninth Circuit Court of Appeals by President Obama last August. Friedland represented several gay couples on behalf of Equality California's failed challenge to Proposition 8 and Tony Perkins wanted revenge for that outrage.  But in a 51-40 vote that broke along party lines, the Senate has confirmed Friedland thanks to the November repeal of filibuster rules for judicial appointments below the Supreme Court. All 29 seats on the Ninth Circuit bench are now filled for the first time in 22 years. (Tipped by JMG reader Blair)

HomoQuotable - Michelangelo Signorile

"When given an opportunity to apologize for his Prop 8 donation after it got attention earlier this month, a week after he was named CEO, Eich refused, and even implied to The Guardian that he and people like him were an asset at the company since Mozilla is global and anti-gay regimes are prevalent around the world, using the example of Indonesia. He refused to comment to The Guardian on his support of Pat Buchanan, a man who's been accused of making anti-Semitic remarks as well and engaged in diminution of the Holocaust, in addition to attacks on other groups. When you can't take back having supported Pat Buchanan and other virulently anti-gay politicians, there's only word for you: bigot.

"Donald Sterling is a bigot too. He also has free speech. And that speech, as the owner of a professional sports team, has consequences that most of us agree are warranted. Brendan Eich has free speech as well. But when he faced the consequences of that speech -- brought on by the free market, not forced by any intervention -- many applied a double standard, defending him. And that reveals how, no matter how many books are written by ambitious heterosexual reporters about how we gays have supposedly won, homophobia is alive and well -- and openly tolerated -- in America." - Michelangelo Signorile, writing for the Huffington Post.

Andrew Sullivan On Sterling's Ban

"If Brendan Eich had made comments telling his friends to keep away from faggots, if he’d used any such terminology or had ever been shown to have discriminated against gays in the workplace or in his daily interactions, then his case would be very similar. But no such comments are in the public or private record, and there’s zero evidence that he ever acted in the workplace to harm gay employees. Au contraire, which is why gay Mozilla employees were divided about his ouster, with some supporting him. Sterling’s remarks, in contrast, reveal him to be a crude, foul bigot – which is why there is no division at all among African-Americans in the league – or beyond the league – about his fate." - Andrew Sullivan.

HomoQuotable - John Aravosis

"It was only a few weeks ago that America was lecturing the gay community about its intolerance for intolerance, for objecting to a bigot (in fact, an anti-gay activist, Brendan Eich) running a major American corporation (in this case, the Mozilla Foundation). Republicans, including gay conservatives, were particularly upset that anyone would judge a man’s job performance, especially the man running a company, by his personal animus towards minorities, many of whom would be his own employees. So long as he didn’t discriminate against his own employees, he was free to be a bigot, they told us. Now, they’re all eating crow. Today, even conservatives are saying (on CNN) that the NBA simply must investigate whether the owner of the Los Angeles Clippers basketball team, Donald Sterling, made racist remarks to his girlfriend, who is black and Mexican. Apparently, Donald Sterling made the mistake of buying a basketball team rather than taking over a high-tech company." - John Aravosis, writing for AmericaBlog.

Homocons Co-Sign Statement Denouncing "Punishment" Of Mozilla's Former CEO

A coalition of well-known homocons and others today released a public statement on the resignation of former Mozilla CEO Brandon Eich. The statement is titled, "Freedom To Marry, Freedom To Dissent: Why We Must Have Both." An excerpt:

Is opposition to same-sex marriage by itself, expressed in a political campaign, beyond the pale of tolerable discourse in a free society? We cannot wish away the objections of Christian, Jewish, and Muslim faith traditions, or browbeat them into submission. Even in our constitutional system, persuasion is a minority’s first and best strategy. It has served us well and we should not be done with it.

Much of the rhetoric that emerged in the wake of the Eich incident showed a worrisome turn toward intolerance and puritanism among some supporters of gay equality—not in terms of formal legal sanction, to be sure, but in terms of abandonment of the core liberal values of debate and diversity.

Sustaining a liberal society demands a culture that welcomes robust debate, vigorous political advocacy, and a decent respect for differing opinions. People must be allowed to be wrong in order to continually test what is right. We should criticize opposing views, not punish or suppress them.

The freedom—not just legal but social—to express even very unpopular views is the engine that propelled the gay-rights movement from its birth against almost hopeless odds two generations ago. A culture of free speech created the social space for us to criticize and demolish the arguments against gay marriage and LGBT equality. For us and our advocates to turn against that culture now would be a betrayal of the movement’s deepest and most humane values.

The statement does not address the fact that all LGBT groups remained completely silent as the controversy unfolded and came to its conclusion. Nor does it note that the campaign against Eich was spawned by Mozilla staffers and developers themselves. Instead, the "blame" for Eich's resignation is laid squarely at the feet of phantom gay activists.

Homocon signers: Ken Mehlman, Peter Thiel, Rich Tafel, William Saletan, Jamie Kirchick, Jonathan Rauch, and former GOP Rep. Jim Kolbe. Among the others: Andrew Sullivan, John Corvino, David Blankenhorn, and Box Turtle Bulletin bloggers Jim Burroway, Timothy Kincaid, and Rob Tisinai.

Lawyer Who Defended Prop 8 At SCOTUS Is Changing His Mind On Gay Marriage

Protect Marriage attorney Charles Cooper, who last year argued against the overturn of Proposition 8 before the Supreme Court, says his opinion on gay marriage is "evolving" now that his own daughter is planning to marry a woman.

The revelation is an unexpected footnote in the years-long debate over Proposition 8, the California measure struck down by the Supreme Court last year. It is also offers a glimpse, through the eyes of one family, of the country's rapidly shifting opinions of gay marriage, with most public polls now showing majorities in favour of allowing the unions. Cooper learned that his stepdaughter Ashley was gay as the Proposition 8 case wound its way through appellate court, according to a forthcoming book about the lengthy legal battle.

And with the Supreme Court ruling now behind him, Cooper cast his personal opinion on gay marriage as an evolving process. "My views evolve on issues of this kind the same way as other people's do, and how I view this down the road may not be the way I view it now, or how I viewed it ten years ago," Cooper said in journalist Jo Becker's book "Forcing the Spring: Inside the Fight for Marriage Equality." Cooper's words are reminiscent of the language President Barack Obama used throughout his first term to describe his "evolving" views on gay marriage. In 2012, Obama announced publicly that he did, in fact, support the rights of same-sex couples to marry.

Cooper's daughter will marry in Massachusetts in June. He says, "My daughter Ashley's path in life has led her to happiness with a lovely young woman named Casey, and our family and Casey's family are looking forward to celebrating their marriage in just a few weeks."

HRC president Chad Griffin reacts: “I spent the better part of five years sitting across courtroom aisles from Mr. Cooper, disagreeing with just about every word that came out of his mouth, but I have profound respect for his decision to love and celebrate his daughter and her fiancée because his story reflects the experience of so many of the 90 percent of Americans who personally know someone who is LGBT."

Proposition 8 plaintiffs Kris Perry and Sandy Stier react: "We were so moved to hear of the Cooper family's constant love and support of their own daughter, even as the Perry case was in full swing and Mr. Cooper was spending his days planning Prop 8's defense. Some may find this contrast between public and private jarring, but in our opinion, loving an LGBT child unequivocally is the single most important thing any parent can do. We are overjoyed for Ashley and her fiancée, and we wish them the very best."

Will Brian Brown issue his usual denouncement?

HomoQuotable - William Saletan

"Losing your job for being gay is different from losing your job for opposing gay marriage. Unlike homosexuality, opposition to same-sex marriage is a choice, and it directly limits the rights of other people. But the rationales for getting rid of Eich bear a disturbing resemblance to the rationales for getting rid of gay managers and employees. He caused dissension. He made colleagues uncomfortable. He scared off customers. He created a distraction. He didn’t fit. It used to be social conservatives who stood for the idea that companies could and should fire employees based on the 'values' and 'community standards' of their 'employees, business partners and customers.' Now it’s liberals. Or, rather, it’s people on the left who, in their exhilaration at finally wielding corporate power, have forgotten what liberalism is." - William Saletan, in a Slate piece that was approvingly cited in the Dreher column I excerpted earlier today.

Breitbart Joins Mozilla Boycott