Brian S. Brown
To attract donations to NOM, Brian S. Brown lies to supporters

Brian S. Brown has sent out a new missive on behalf of National Organization for Marriage. It is titled: schumer’s equality act scheme. (Brian is fond of all lower case.)

HR5phobia must be good for the cash register. I would not pay attention to the grift were it not for outright lies.


The Equality Act would be responsible for:

establishing that public displays of support for traditional marriage will be considered illegal discrimination against LGBT identified individuals, and stripping people of faith of their religious liberty rights.

The synopsis of HR5 reads:

This bill prohibits discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation.

You can click on the full text from same page if you like. Nowhere does the Act prohibit “displays” of any kind. Furthermore, Brown is claiming that discrimination is a “religious liberty right.” Nonsense.

H.R.5 is an addendum to the Civil Rights Act of 1964. The bill adds sexual orientation and gender identity to the protected classes. The Civil Rights Act of 1964 already prohibits discrimination based on race and religion. I am quite certain that the KKK and neo-Nazis were inconvenienced.

Do not dare tell me that those are different. There was a time when the Church blamed Jews for killing Christ. Jews were heavily discriminated against by Christians. According to the ADL:

The myth that Jews collectively murdered Jesus, also referred to as “deicide,” has been used to justify violence against Jews for centuries. Historians as well as Christian leaders have agreed that the claim is baseless.

I don’t see much difference between that myth and the fable that gay people are “objectively disordered” or that transgender people do not exist. The Civil Rights Act of 1964 did not seem to have any effect on religious liberty. At least none that was claimed.


We are making a difference in helping to stop this legislation, but it is a very difficult fight. The key to victory is amassing massive grassroots opposition to the bill and then helping opponents make their voices known to their elected representatives. We’ve done a lot to engage conservatives on this important issue, and we’ve expended everything we have in the fight.

NOM doesn’t seem to do anything other than to ask for money. Brown knows perfectly well that H.R.5 cannot pass in the Senate unless Joe Manchin agrees to change the rules for cloture from 60 votes to a simple majority. Moreover, Manchin has repeatedly said that he will not vote to change the rules.


…if it looks like the filibuster rule will remain intact, then Schumer has the option of trying to insert it into so-called “must pass” legislation such as a bill to keep the government funded or even a budget reconciliation bill even though the Equality Act has nothing to do with the federal budget.

Since the implementation of the Byrd Rule in 1985 (amended in 1990) Senate rules have prohibited including provisions in reconciliation legislation that do not change the level of spending or revenues or the debt limit.

You may recall that The Senate Parliamentarian ruled in February that a provision calling for a $15 minimum wage increase in the American Rescue Plan could not be considered under Reconciliation due to the Byrd Rule.

It is theoretically possible to pass H.R.5 with “must pass” legislation. 60 votes would be required for cloture if H.R.5 is included. Republicans are hostages to the Christian Right. It seems unlikely that they would fold. In the past GOPers have been willing to shut down the entire government.


In fact, if we had more resources we could easily recruit and activate hundreds of thousands more Americans to get engaged in stopping this assault on our values. That is why I am turning to you and other strong NOM supporters today. Will you please step forward with an immediate financial contribution so that we can do even more to oppose HR 5, the dangerous and destructive Equality Act?

No amount of resources can change the outcome. If Manchin somehow reverses himself and agrees to a rules change then H.R.5 will pass and no amount of opposition will change the outcome.

Furthermore, “hundreds of thousand more Americans” is irrelevant. A solid majority of Americans (76%) support nondiscrimination protections. Furthermore, a majority of Republicans now favor nondiscrimination protections for LGBTQ people.

Brian S. Brown will say just about anything to lure people into making donations. Mr. Brown portrays himself as a moralist yet he lies when it is convenient to do so.

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.