Brian S. Brown

National Organization for Marriage is insolvent. This is at least the third email this week from Brian S. Brown grubbing for money on NOM’s behalf. This one does so indirectly by asking people to support their idiotic Capetown Declaration. South Africa, by the way, was the first country in the world to constitutionally outlaw sexual orientation discrimination. The email is titled “Show Your Support of Marriage.” It is also highly misleading. Don’t we all support marriage? Then there is what must be an opium-induced fantasy:

In one week, President Trump will announce his selection of the individual he wants to replace the late Justice Antonin Scalia on the US Supreme Court. He’s pledged to appoint someone who shares Scalia’s originalist philosophy that the Constitution means what it says, not what judges wish it said to reflect their political ideology. Once that individual is confirmed, which Senator Majority Leader Mitch McConnell has pledged will happen, then we will be only one vote away from restoring marriage to our nation’s laws. That means it’s only a matter of time until President Trump can change the balance of the US Supreme Court.


One of the most important things that NOM can do until we have a majority on the Court that will reverse Obergefell is to demonstrate overwhelming public support for marriage as the union of one man and one woman. That is why we have made supporting the Cape Town Declaration such a priority. The Cape Town Declaration is a worldwide decree from citizens around the globe that marriage must be preserved and protected

There is no case making its way to the Supreme Court that would challenge marriage equality and, apparently, the important doctrine of stare decisis (honoring precedent) means nothing. The marriage issue is settled and Brown never explains exactly why Obergefell should be overturned. For Brian Brown the teachings and edict of the Catholic Church suffice.

Furthermore, just because a justice (assuming confirmation) is conservative doesn’t mean that he or she would vote to overturn Obergefell if a suitable case were to be heard by the Court. Unlike Brian Brown, someone has to demonstrate a real harm perpetrated by same-sex marriage. An injury that can only be redressed by overturning Obergefell. Conservative judges tend to be sticklers for Article III standing which requires proving that the actual harm exists.

If anything, have we not proven that same-sex marriage does not harm society in any way whatsoever?

Then there is the notion that NOM can influence any of this. The “overwhelming public support” that Brown refers to is a delusion. The last time that Gallup sampled this issue was in May, 2016. At that time 61% of those questioned said that same-sex marriage should be valid; 37% invalid. When President Obama took office support was only at 40%. But even if that were not true I still come back to the same question: What has been the harm of same-sex marriage?

Another question that Brian Brown does not answer is why anyone should donate money to NOM. What has NOM accomplished that should inspire confidence?

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.