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Judge Walker made the only decision that he could make in Perry v Schwarzenegger. For the same reason Walker’s decision will be sustained on appeal.

  • NOM did not lose this case because they were outspent. Their lead counsel is Charles Cooper whowas named by The National Law Journal
    as one of the 10 best civil litigators in Washington.
  • NOM did not lose this case because Judge Walker is gay. They knew that going in. In fact, there was a concern, based on prior decisions, that Walker, who is an extremely conservative jurist, would be inclined to favor  NOM/

NOM lost this case because they could not produce a single witness who would support the necessary arguments:

  1. That the state has a secular interest in denying gays the right to marry.
  2. That same-sex marriage poses a threat or harm to traditional marriage.

When asked what harm is posed by same-sex marriage, Cooper said “I don’t know.” NOM’s own witness asserted that we would be a better country with marriage equality. Denied all the hyperbole, in a court of law NOM has no valid argument. The reason is simple. NOM is opposed to marriage equality because it offends their ultra conservative Catholic ideology.

At this point, the record is what it is. Testimony is done. Evidence is finished. What’s left is whether or not Judge Walker made a legal or procedural error.

Today, Brian Brown is asking for more money.

According to Brown:

NOM has never been able to financially match the tens of millions of dollars raised by interest groups who want to tear apart traditional values and attack people like you and me who defend the sanctity of marriage.


. . . one of our most generous donors has offered to MATCH—dollar for dollar—every single gift we receive between now and New Year’s Day, all the way up to one million dollars!


With your support, we can fight, and we can win against the crusaders who are bent on destroying marriage in America.

Crusaders? That is the most stunningly misplaced descriptor NOM could possibly use.  Then to suggest that supporters of marriage equality are bent on “destroying marriage” is, plainly and simply, bullshit.

NOM has yet to articulate what harm same-sex marriage poses     and they never will!  

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By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.