Proposition 8 Supporters Re-Open the Case

Proposition 8 supporters have filed a case in court claiming that the vote of the people which passed the law should stand.

From what I’ve read, I believe that what they are basically saying is that since the Supreme Court failed to rule on Proposition 8 by tossing the whole case out, that the law itself stands.

When the Supreme Court refuses to review a lower court ruling, that means that the lower court ruling is allowed to stand. I believe that the lower court ruling in question overturned Prop 8. However, the Supreme Court took the Prop 8 case under consideration, and then tossed it out by saying that the law’s defendants did not have standing.

Does that mean that the entire case was thrown out of court and has no merit? I think that is what the opponents of Prop 8 are saying in the case they have filed.

It’s an interesting argument that, at least on its face, does seem to have merit.

I have no idea where this will go. The whole thing might wind its way back to the Supreme Court again. The basic point for now is that the proponents of traditional marriage are not rolling over. That, in itself, is very good news.

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Supreme Court Dumps DOMA; Tosses Prop 8

The Supreme Court said that the Federal Defense of Marriage Act is not Constitutional. It also held that the proponents of Proposition 8 did not have merits, which means they tossed the appeal and Prop 8 along with it.

A spokesman for gay marriage advocates said after the decision was handed down that this ruling effectively legalizes gay marriage throughout the United States. What it does by essentially remanding Prop 8 is let a California court ruling legalizing gay marriage stand. In the case of DOMA, it tosses the question of how to define marriage back to the states.

In actual practice, there are big unanswered questions about how the federal government and its many interventions into state government will be affected by this ruling. It think it will call a lot of things into question as they pertain to married couples and children in the various states.

It is no exaggeration to say that this a landmark ruling. I need time to read the decisions and think it through before I say more.

For that reason, I am going to hold off analysis for a while.

Feel free to comment below, but do it in a way that does not attack other people.

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What Will the Supremes Do with Gay Marriage?

Tomorrow is the day that the Supreme Court is scheduled to hand down rulings that will affect how America deals with the definition of marriage for decades to come.

The legislation in question is the Federal Defense of Marriage Act and California’s Proposition 8.

The Court can do anything. It can remand the whole question back to the states. Or, it can issue a ruling of sweeping proportions similar to Roe v Wade. It can even announce that it isn’t going to rule at all.

People on both sides of the question studied the Justices’ every twitch and cough when the cases were presented earlier this year. We all wanted a crystal ball so that we wouldn’t have to endure the suspense of months of waiting before we found out which way and how far the Court was going to jump on this issue.

Tomorrow, the waiting and guessing will be over. The Court will make its ruling.

After that will come the dissecting and rejecting of whatever they rule. I am reasonably certain that no matter what the Court does on this issue, a large segment of the American population is going to be unhappy and angry about it. I am equally certain that no matter what the Court does, the debate about how we will define marriage under the law will continue.

Which leads me to the question of how we should behave tomorrow and on into the months and years ahead. Much of the debate concerning this issue has devolved into slander of people who hold opposing views. I think part of the reason why this happens is that both sides of the argument believe that their position is a moral imperative. Another part of why we behave so terribly when we discuss how to define marriage is that the temper of our times has taught us that bullying, slander, smear tactics and mud-slinging are legitimate tactics.

Instead of dealing with the issues at hand and talking about the arguments being made, we tend to try to discredit the people making the arguments.

My feeling about this is that if you are a Christian, you have a moral responsibility to forgo this kind of behavior. It does not matter what they call you, you may not slander them back. Let the other side have the low road.

We are defending home, family, life. We are defending the core institution on which Western civilization is built. We do not need to attack anyone to do that.

Also, we need to remember that homosexuals are just people. More importantly, they are children of the same God whose teachings we are trying to defend. No matter what they say or do, they are our brothers and sisters in creation. We should try to convert them, not destroy them.

The other side of public debates involving Christian values of any sort always seems to try to base their arguments on Christian bashing and degrading our faith. It can be hard to take; especially when they defame the name of Jesus. But do not reply by degrading or defaming them. Do not do it.

That does not mean that we should back away from saying the truth of things. It just means that we should forgo attacking people. We can talk about issues and even bad behavior all we want. Just don’t attack a person while we do it.

I believe that no matter how the Court rules tomorrow, the fight will go on. I also believe that no matter how the Court rules or what detours or setbacks we suffer, the victory will ultimately be ours. All we have to do is our part, and do it in a way that lets everyone who observes us know that we serve a Risen Lord.

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Tea Leaves and Goat’s Entrails: Guessing What the Supremes Will Do About Gay Marriage

I’ve read that the ancients used to slaughter a goat and study its entrails to try to predict the future. Others made tea and studied how the tea leaves settled to the bottom of the cup for the same purpose.

We all want to know what’s going to happen. We’re smart enough to anticipate, but not prescient enough to know. This human conundrum has kept fortune tellers and sooth sayers of one sort or the other in business for all of human history.

I’m telling you this as a caution. What observers of the Supreme Court think they see in the twitch of a judicial eyebrow or rise of a voice at the end of a question may, in reality, be nothing more than a tic or a frog in the throat. Ditto for the questions the Justices ask. They ask questions for their own reasons, or sometimes I’m sure, for the other justices’ needs. Questions, facial expressions and tones of voice do not Supreme Court rulings make.

Having cautioned you — and myself — with all this, I have to admit that what the press is saying about the Supreme Court hearings on Prop 8 today seems to reflect what I’ve been saying all along: Do they really want to jump in there and take the authority to make this decision on themselves? Would they be pushing the country over a cliff? Wouldn’t it be wiser, more honest, and frankly, more in keeping with the Constitutional authority vested in the Court, to let the people continue to work this out through the electoral process?

After all, it is working. 

Tomorrow, the Court will hear arguments on the Defense of Marriage Act. While DOMA is important, Proposition 8 is the big one. The reason I say that is because Prop 8 is the question that opens the door for the Court to take the powers which have heretofore been vested in the states onto itself. 

These decisions, and the possible fall-out from them, hang like the Sword of Damocles over this nation. Will the Court be wise and let the people speak, or will it be foolish and thrust this country over the culture war cliff altogether?

From the Chicago Tribune:

It was the first of two days of argument. On Wednesday, the court will consider the 1996 federal Defense of Marriage Act (DOMA), which denies federal benefits to married same-sex couples. Rulings in both cases are expected by the end of June.

The narrower DOMA case does not give the court the same opportunity to issue a broad ruling because the case relates only to a federal law that limits the definition of marriage to opposite-sex couples for the purposes of federal benefits.

Only the California Proposition 8 case gave the court the option of finding a constitutional right for same-sex couples to marry. Polls show growing support among Americans for gay marriage.

But during the argument, Justice Anthony Kennedy, who is considered a swing vote, raised concerns about the court entering “uncharted waters” on an issue that divides the states.

Kennedy even raised the prospect of the court dismissing the case, a relatively unusual move that would leave intact a federal appeals court ruling that had earlier struck down the California law, known as Proposition 8.

In a similar vein, Justice Samuel Alito also urged caution, noting that gay marriage, as a concept, is “newer than cellphones and the Internet.”

None of the justices indicated support for the Obama administration’s favored solution, which would strike down Proposition 8 and require the eight states that already recognize civil unions or domestic partnerships to allow gays and lesbians to marry. (Read more.) 

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March for Marriage Tomorrow: Go if You Can. Pray if You Can’t.

The March for Marriage in Washington DC is tomorrow. Go if you can, pray if you can’t. 

For information about the march go here.

The United States Conference of Catholic bishops has issued a call for prayer and fasting for marriage. They also encourage Catholics to attend the March for Marriage tomorrow.

This video discusses what’s at stake.

YouTube Preview Image

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Roe and Gay Marriage: Will the Court Repeat Itself?

Pro life march

“You should be very hesitant about shutting down a political debate.”

This statement is directed at the United States Supreme Court. It echoes something I’ve written about repeatedly here on Public Catholic: I think that it would be a mistake that would harm the country for the Supreme Court to issue a sweeping ruling about gay marriage.

My reason is not based on the fact that I support traditional marriage. It is based on the tragedy of Roe v Wade. The states were debating the issue of abortion at the time Roe v Wade was issued. Some states were beginning to allow abortion in a broad range of circumstances, others were not. Some, such as New York, had passed laws allowing a broader availability of abortion and were considering narrowing what they had done. 

Komen planned parenthood story body

All this was part of the natural process of the way our Republic works. It was contentious, but it was also healthy. When the Supreme Court stepped in and took the question out of the states’ hands, it created a culture war that has gone on for 40 years and that shows no signs of abating. It also created a social situation which gave rise to direct attacks on our freedoms under the Constitution such as the HHS Mandate. 

Gay marriage is in a similar situation as abortion was before Roe. It is gaining public acceptance. Laws in several states are beginning to reflect this public acceptance. 

However, I think that if the Court steps in with a broad ruling, it will create a situation similar to the one Roe did. The country is already greatly damaged by the culture war Roe created. This damage is on-going and, in many ways, getting worse. If the Court adds gay marriage to this situation it will create God only knows what kind of tragedy for this country. 

I’ve read that Supeme Court Justice Ruth Bader Gingsberg feels the Court should have overturned the Texas law that was being challenged in Roe and left the other laws intact. I think she sees the problem, but not the solution. The Court should have remanded the issue of abortion back to the states. Period. Which is what they should do with gay marriage.

Notice I do not say that I think they should rule that marriage is between one man and one woman. They should refer the issue to the states, and let the system work. 

Let the people speak. 

It’s that simple. 

Here is a discussion of what I’ve been talking about from — of all places — the New York Times. It says in part:


WASHINGTON — When the Supreme Court hears a pair of cases on same-sex marriage on Tuesday and Wednesday, the justices will be working in the shadow of a 40-year-old decision on another subject entirely: Roe v. Wade, the 1973 ruling that established a constitutional right to abortion.

Judges, lawyers and scholars have drawn varying lessons from that decision, with some saying that it was needlessly rash and created a culture war.

Justice Ruth Bader Ginsburg, a liberal and a champion of women’s rights, has long harbored doubts about the ruling.

“It’s not that the judgment was wrong, but it moved too far, too fast,” she said last year at Columbia Law School.

Briefs from opponents of same-sex marriage, including one from 17 states, are studded with references to the aftermath of the abortion decision and to Justice Ginsburg’s critiques of it. They say the lesson from the Roe decision is that states should be allowed to work out delicate matters like abortion and same-sex marriage for themselves.

“They thought they were resolving a contentious issue by taking it out of the political process but ended up perpetuating it,” John C. Eastman, the chairman of the National Organization for Marriage and a law professor at Chapman University, said of the justices who decided the abortion case. “The lesson they should draw is that when you are moving beyond the clear command of the Constitution, you should be very hesitant about shutting down a political debate.” (Read the rest here.) 

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Prominent Republican Political Leaders Sign Brief in Favor of Gay Marriage

According to the American Foundation for Equal Rights, the gay rights organization that brought the original lawsuit seeking the overturn of California’s Proposition 8, 131 prominent Republicans have signed an amicus curiae brief supporting gay marriage.

This brief seeks to influence the United States Supreme Court in its upcoming rulings on the legal standing of marriage in the United States. The signers are mostly prominent Republicans who have held or currently hold powerful government positions either as elected officials or as part of Republican presidential administrations. A number of these people have had lifelong careers bouncing from one prominent position to another in the service of the Republican Party. Based on that, I would assume that they are total, absolute party hacks. I also believe that when they sign a petition like this, it indicates something real is happening inside the party deep-thinking processes.

To put it bluntly, if you are a so-called “values” voter who has been supporting the Republican party because of their “moral” positions, you have been sold out. This doesn’t surprise me at all. It is nothing more than a public manifestation of what I have seen up close and personal as an elected official. Political parties are about power. All they care about is getting power and keeping power. Everything else they say is a lie.

Gay marriage advocates have stated that they are hopeful that this brief, with its prominent Republican signers, will influence the conservative members of the Supreme Court in their deliberations on the issue of gay marriage.

Whether or not that happens remains to be seen. But one thing is certain: People of faith can no longer vote for either party and feel that they are voting in line with their beliefs.

Here is the list of the brief’s signers so far:

Republican Party Officials, Fundraisers 

  • Kenneth B. Mehlman, Chairman, Republican National Committee, 2005-2007
  • Alex Castellanos, Republican Media Advisor
  • Tyler Deaton, Secretary, New Hampshire Young Republicans, 2011-Present
  • Jeff Cook-McCormac, Senior Advisor, American Unity PAC
  • Ken Spain, Communications Director, National Republican Congressional Committee, 2009-2010
  • Sally A. Vastola, Executive Director, National Republican Congressional Committee, 2003-2006
  • Jacob P. Wagner, Chairman, New Hampshire Federation of College Republicans, 2012-Present
  • Cyrus Krohn, eCampaign Director, Republican National Committee, 2007-2009
  • Mark McKinnon, Republican Media Advisor

Bush (W) Administration Officials

  • Tim Adams, Undersecretary of the Treasury for International Affairs, 2005-2007
  • John B. Bellinger III, Legal Adviser to the Department of State, 2005-2009
  • William A. Burck, Deputy Staff Secretary, Special Counsel, and Deputy Counsel to the President, 2005-2009
  • Mary Cheney, Director of Vice Presidential Operations, Bush-Cheney 2004, 2003-2004
  • Thomas J. Christensen, Deputy Assistant Secretary of State for East Asian and Pacific Affairs, 2006-2008
  • James B. Comey, U.S. Deputy Attorney General, 2003-2005
  • R. Clarke Cooper, U.S. Alternative Representative, United Nations Security Council, 2007-2009
  • Julie Cram, Deputy Assistant to the President and Director of the White House Office of Public Liaison, 2007-2009
  • Michele Davis, Assistant Secretary for Public Affairs and Director of Policy Planning, Department of the Treasury, 2006-2009
  • Alicia Davis Downs, Associate Political Director, White House, 2001-2003
  • Christian J. Edwards, Special Assistant to the President and Director of Press Advance, 2005-2007
  • Lew Eisenberg, Finance Chairman, Republican National Committee, 2002-2004
  • Mark J. Ellis, State Chairman, Maine Republican Party, 2005-2006 and 2007-2009
  • Charles Freeman, Assistant U.S. Trade Representative for China Affairs, 2002-2005
  • David Frum, Author and Special Assistant to the President, 2001-2002
  • Reed Galen, Director of Scheduling and Advance, Bush-Cheney 2004, 2003-2004
  • Benjamin Ginsberg, National Counsel, Bush-Cheney 2000 and 2004
  • Josh Ginsberg, National Field Director, Romney for President, 2007-2008
  • Juleanna Glover, Press Secretary to the Vice President, 2001-2002
  • Adrian Gray, Director of Strategy, Republican National Committee, 2005-2007
  • Richard Grenell, Spokesman, U.S. Ambassadors to the United Nations, 2001-2008
  •  Israel Hernandez, Assistant Secretary of Commerce for International Trade, 2005-2009
  • Douglas Holtz-Eakin, Director, Congressional Budget Office, 2003-2005
  • Margaret Hoover, Advisor to the Deputy Secretary of Homeland Security, 2005-2006
  • Carlos Gutierrez, Secretary of Commerce, 2005-2009
  • Stephen Hadley, Assistant to the President and National Security Advisor, 2005-2009
  • David A. Javdan, General Counsel, U.S. Small Business Administration, 2002-2006
  • Reuben Jeffery, Undersecretary of State for Economic, Energy, and Agricultural Affairs, 2007-2009
  • Greg Jenkins, Deputy Assistant to the President and Director of Presidential Advance, 2003-2004
  • Coddy Johnson, National Field Director, Bush-Cheney 2004, 2003-2004
  • Neel Kashkari, Assistant Secretary of the Treasury, 2008-2009
  • Theodore W. Kassinger, Deputy Secretary of Commerce, 2004-2005
  • Jeffrey Kupfer, Chief of Staff and Acting Deputy Secretary, Department of Energy, 2006-2009
  • Catherine Martin, Deputy Assistant to the President and Deputy Communications Director for Policy and Planning, 2005-2007
  • Kevin Martin, Chairman, Federal Communications Commission, 2005-2009
  • David McCormick, Undersecretary of the Treasury for International Affairs, 2007-2009
  • Bruce P. Mehlman, Assistant Secretary of Commerce, 2001-2003
  • Michael Napolitano, White House Office of Political Affairs, 2001-2003
  • Susan Neely, Special Assistant to the President, 2001-2002
  • Noam Neusner, Special Assistant to the President for Economic Speechwriting, 2002-2005
  • Meghan O’Sullivan, Deputy National Security Advisor for Iraq and Afghanistan, 2005-2007
  • Richard Painter, Associate Counsel to the President, 2005-2007
  • Michael Powell, Chairman, Federal Communications Commission, 2001-2005
  • Nancy Pfotenhauer, Regulatory Advisor, Romney for President, 2008, and Economist, Presidential Transition Team, 1988
  • Gregg Pitts, Director, White House Travel Office, 2006-2009
  • J. Stanley Pottinger, Assistant U.S. Attorney General, Civil Rights Division, 1973-1977
  • Luis Reyes, Special Assistant to the President and Deputy Assistant to the President, 2006-2009
  • Tom Ridge, Governor of Pennsylvania, 1995-2001, and Secretary of Homeland Security, 2003-2005
  • Mark A. Robbins, General Counsel, U.S. Office of Personnel Management, 2001-2006
  • Kelley Robertson, Chief of Staff, Republican National Committee, 2005-2007
  • Brian Roehrkasse, Director of Public Affairs, Department of Justice, 2007-2009
  • Harvey S. Rosen, Chairman and Member, Council of Economic Advisers, 2003-2005
  • Lee Rudofsky, Deputy General Counsel, Romney for President, 2012
  • Patrick Ruffini, eCampaign Director, Republican National Committee, 2005-2007
  • Corry Schiermeyer, Director for Global Communications, National Security Council, 2005-2007
  • Steve Schmidt, Deputy Assistant to the President and Counselor to the Vice President, 2004-2006, and Senior Advisor, John McCain for President, 2008
  • Faryar Shirzad, Deputy Assistant to the President and Deputy National Security Advisor for International Economic Affairs, 2004-2006
  • Robert Steel, Undersecretary of the Treasury for Domestic Finance, 2006-2008
  • Mark Wallace, U.S. Ambassador to the United Nations, Representative for UN Management and Reform, 2006-2008
  • Nicolle Wallace, Assistant to the President and White House Communications Director, 2005-2008
  • Paul Wolfowitz, Deputy Secretary of Defense, 2001-2005, and President of the World Bank Group, 2005-2007

Bush (George) Administration Officials

  • Jim Cicconi, Assistant to the President and Deputy to the Chief of Staff, 1989-1990
  • Kenneth M. Duberstein, White House Chief of Staff and Assistant to the President, 1981-1984 and 1987-1989
  • Jonathan Kislak, Deputy Undersecretary of Agriculture for Small Community and Rural Development, 1989-1991

Ronald Reagan Administration Officials

  • David Stockman, Director, Office of Management and Budget, 1981-1985
  • Elizabeth Noyer Feld, Public Affairs Specialist, White House Office of Management and Budget, 1984-1987
  • Robert Kabel, Special Assistant to the President for Legislative Affairs, 1982-1985

Romney Presidential Campaign Staff

  • Katie Biber, General Counsel, Romney for President, 2007-2008 and 2011-2012
  • David Kochel, Senior Iowa Advisor, Mitt Romney for President, 2007-2008 and 2011-2012
  • Alex Lundry, Director of Data Science, Romney for President, 2012
  • Beth Myers, Romney for President Campaign Manager, 2007-2008 and Senior Advisor, 2011-2012

John McCain Presidential Campaign

  • Ana Navarro, National Hispanic Co-Chair, John McCain for President, 2008
  • Jill Hazelbaker, Communications Director, John McCain for President, 2007-2008

Republican Elected Officials

  • Susan Molinari, Member of Congress, 1990-1997
  • Connie Morella, Member of Congress, 1987-2003, and U.S. Ambassador to the Organization for Economic Co-operation and Development, 2003-2007Charles Bass, Member of Congress, 1995-2007 and 2011-2013
  • Mary Bono Mack, Member of Congress, 1998-2013
  • Paul Cellucci, Governor of Massachusetts, 1997-2001, and Ambassador to Canada, 2001-2005
  • B.J. Nikkel, Colorado State Representative and Majority Whip, 2009-2012, and District Director for Marilyn Musgrave, Member of Congress, 2002-2006
  • Ruth Ann Petroff, Wyoming State Representative, 2011-Present
  • Larry Pressler, U.S. Senator from South Dakota, 1979-1997, and Member of Congress, 1975-1979
  • Deborah Pryce, Member of Congress, 1993-2009
  • John Reagan, New Hampshire State Senator, 2012-Present
  • Ileana Ros-Lehtinen, Member of Congress, 1989-Present
  • Adam Schroadter, New Hampshire State Representative, 2010-Present
  • Christopher Shays, Member of Congress, 1987-2009
  • Nancy Stiles, New Hampshire State Senator, 2010-Present
  • Jane Swift, Governor of Massachusetts, 2001-2003
  • Richard Tisei, Massachusetts State Senator 1991-2011, and Senate Minority Leader 2007-2011
  • William F. Weld, Governor of Massachusetts, 1991-1997, and Assistant U.S. Attorney General, Criminal Division, 1986-1988
  • Christine Todd Whitman, Governor of New Jersey, 1994-2001, and Administrator of the EPA, 2001-2003
  • Janet Duprey, New York State Assemblywoman, 2007-Present
  • Dan Zwonitzer, Wyoming State Representative, 2005-present
  • Mark Grisanti, New York State Senator, 2011-Present
  • Patrick Guerriero, Mayor of Melrose, Massachusetts, and Member of Massachusetts House of Representatives, 1993-2001
  • Richard L. Hanna, Member of Congress, 2011-Present
  • Michael Huffington, Member of Congress, 1993-1995
  • Jon Huntsman, Governor of Utah, 2005-2009, and Ambassador to China, 2009-2011
  • Gary Johnson, Governor of New Mexico, 1995-2003, and Libertarian Party Nominee for President, 2012
  • Nancy L. Johnson, Member of Congress, 1983-2007
  • James Kolbe, Member of Congress, 1985-2007
  • Thomas A. Little, Vermont State Representative, 1992-2002 and Chairman of the Vermont House Judiciary Committee, 1999-2002

Prominent Republican Business Associates

  • Cliff S. Asness, Businessman, Philanthropist, and Author
  • David D. Aufhauser, General Counsel, Department of the Treasury, 2001-2003
  • David C. Chavern, Business Association Executive
  • Meg Whitman, Republican Nominee for Governor of California, 2010
  • Daniel S. Loeb, Businessman and Philanthropist

Republican Think-Tankers, Cultural Supports, Media Stars

  • S.E. Cupp, Author and Political Commentator
  • Robert Wickers, Republican Political Consultant
  • Clint Eastwood, Producer, Director, Actor, and Mayor of Carmel, California, 1986-1988
  • Mark Gerson, Chairman, Gerson Lehrman Group and Author of The Neoconservative Vision: From the Cold War to the Culture Wars and In the Classroom: Dispatches from an Inner-City School that Works
  • N. Greg Mankiw, Chairman, Council of Economic Advisers, 2003-2005
  • Michael E. Murphy, Republican Political Consultant

Newt Gingrich (Speaker of the House) Staffers

  • Richard Galen, Communications Director, Speaker’s Political Office, 1996-1997
  • Ed Kutler, Assistant to the Speaker of the House, 1995-1997

Republican Congressional Staff

  • John Goodwin, Chief of Staff to Raul Labrador, Member of Congress, 2011-2013
  • Kathryn Lehman, Chief of Staff, House Republican Conference, 2003-2005

Aaron McLear, Press Secretary to Governor Arnold Schwarzenegger, 2007-2011


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Obama Files Brief Asking Court to Overturn Proposition 8

Think back ten months ago to when President Obama announced that his position on gay marriage had “evolved.”

What his position had in fact evolved from was his prior position when he promised the American people that he was against gay marriage. That was in 2008 when he was working to get elected president. Ten months ago, he announced that his thinking had evolved past his earlier promise and he was now in favor of gay marriage.

At that distant, and now forgotten time of ten long months ago, he promised the American people that his newly-evolved support for gay marriage was just his “personal opinion” and that it would have no effect on the actual laws concerning marriage. After all, the laws in question were not federal laws, and as President of the United States he had no power to or intention of trying to influence state legislatures.

That, as they say, was then. This is now. And right now it appears that our president has every intention of using the force of his office in whatever way he can to push gay marriage on the country. The fiscal cliff/sequester fight may have robbed him of the economic wherewithal to use his powers as Commander in Chief to send aircraft carriers to the Persian Gulf, but evidently there is still plenty of money to buy ink for his office printers.

Yesterday, the president filed yet another of his briefs suggesting to the Supreme Court how they should rule on the question of gay marriage. In this particular brief, he asked them to overturn a vote of the people in California. I realize that President Obama is not one to care about things like consistency in his actions, but I still think it’s interesting that a man whose power of office comes entirely from a vote of the people would be so flip about overturning other votes of the people.

The people spoke in California. But evidently, the president’s opinion on votes of the people is evolving right along with just about everything else he tells us he believes. So far as I can tell, the only promises this president can be trusted to keep are the ones he made to Planned Parenthood and the abortion on demand crowd. For them, he will do anything.

You can find the full text of the brief here.

A New Yorker article describing the brief says in part:

Thursday night, just hours before a filing deadline, President Obama’s Justice Department submitted an amicus curiae brief asking the Supreme Court to strike down Proposition 8—California’s gay-marriage ban. Even more importantly, it did so by asserting a bold claim to full equality for gay and lesbian Americans, which is a significant development in the nation’s rapidly moving consideration of the issue.

The brief—which President Obama, according to a report on SCOTUSblog, personally helped craft—did not directly ask the Supreme Court to declare marriage equality a constitutional right. Even so, its legal reasoning points squarely in that direction. If the Court accepts the full weight and reasoning of the President’s arguments, any state constitutional amendment banning same-sex marriage would fail the test of constitutionality. Twenty-nine states, in addition to California, have such amendments now.

Theodore Boutrous, one of the lead attorneys in the small group of legal heavyweights representing the Proposition 8 plaintiffs (a team including David Boies and Ted Olson), said on a conference call for reporters which was quickly arranged after the brief was filed, that they were “extremely pleased” that the government had taken a strong stand for marriage. He added, with respect to other anti-gay marriage bans, “I don’t see any way these laws could survive” under the legal test urged by the Justice Department in its brief.

It would have been close to impossible to imagine these developments less than a year ago.

Read more:

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