Californians Against Hate Kicks Off Ad Campaign in 6 Northeast States

Californians Against Hate Kicks Off
Ad Campaign in 6 Northeast States

The Mormons are Coming, The Mormons are Coming!”

Designed to counter the commercial released last week by the National Organization for Marriage (NOM) “A Gathering Storm,” Californians Against Hate will launch its own advertising campaign beginning tomorrow in: New York, New Jersey, New Hampshire, Delaware, Rhode Island and Maine.


“We believe that the Church of Jesus Christ of Latter-day Saints (Mormon Church) established the National Organization for Marriage as its front group in order to qualify Proposition 8 for ballot last year in California,” said Fred Karger, Founder of Californians Against Hate. “After spending several million dollars in California, NOM recently moved into 7 Northeast States considering marriage equality.

They lost in Vermont on April 7th, when the Legislature voted to override Governor Jim Douglas’ veto the very next day. Vermont became the 4th state in the nation to allow same-sex couples the right to marry.

NOM was very active in Vermont, paying for a massive advertising campaign, including radio, direct mail and robo-calling everyone in the state with a recorded message. Political experts think that their heavy–handed tactics backfired, and they lost because of it. Now NOM is charging into 6 more Northeast states.

So tomorrow, April 18th, on the 234th anniversary of Paul Revere’s famous midnight ride from Boston to Lexington, we will begin our online advertising campaign. Our ad harkens back to 1775 when a brave Paul Revere rode his horse to warn of the attack by the British. We wrote our own version of Longfellow’s famous poem “The Midnight Ride of Paul Revere,” entitled, “The Mormons are Coming, The Mormons are Coming!” It’s easy to find and enjoy.

“Our modern day Paul Revere is warning of TV commercials (using bad actors trying to play real people), radio ads, and robo–calls — all full of deceit and lies,” said Fred Karger. “Their ads are fueled by millions of dollars, which we believe comes primarily from the Mormon Church and its members. They set up NOM as a front group in California in the summer of 2007 to qualify Proposition 8 for the ballot, after 2 previous attempts to put a Constitutional Amendment to ban same-sex marriage before the voters failed in 2006. We are very familiar with the National Organization for Marriage and its president, Maggie Gallagher. We sparred with them a lot in last year in California.”


“The ad that we are running is meant to be strong, but lighthearted, “added Karger. “We want all fair-minded people to know who is behind NOM’s effort to stop equal rights. We will continue to pound away at this front group until everyone knows exactly who is behind the creation of the National Organization for Marriage.”

The Mormon Church has been fighting same-sex marriage this way since 1995, when it set up Hawaii’s Future Today to fight gay marriage in that state. Mormon Church documents that we received recently show just how the Church operates. To see these documents go to our web site: http://mormongate.com/document1.html

For the full text of the banner ads and accompanying poem, please visit our web site by www.mormongate.com

Fred Karger & Maggie Gallagher Square Off

Prop. 8 rivals take their fight national
By
Malcolm Maclachlan 04/13/09 12:00 AM PST

Link to story: Capitol Weekly

A pair of rivals in the Proposition 8 fight have taken their battle national.

Each has a conspiracy theory about the other that they’re trying to sell. In one corner is Fred Karger, a long-time successful Los Angeles-based political consultant who is also gay. He founded the group Californians Against Hate last June to fight Prop. 8, the successful initiative to ban gay marriage in California. During and after the election, his group has publicized the names of people who gave to the Prop. 8 campaign.

In his view, both the Prop. 8 campaign and the National Organization for Marriage (NOM) are “Mormon front groups” that have been trying to hide their connections to the LDS Church. He has filed a complaint with the California Fair Political Practices Commission alleging the LDS Church did not properly report all their donations to Prop. 8, and has launched a website seeking to tie NOM to the Church.

In the other corner is Maggie Gallagher, the founder and president of both NOM and Institute for Marriage and Public Policy. She claims Karger is engaged in a “campaign of intimidation” that is designed to force the LDS Church “out of the public square by making the cost of participation too high.”

As the marriage fight moves into states like Vermont and Iowa, she said, the ultimate goal of Karger and other gay marriage activists should become clear to people: giving “Obama a reason to overturn the Defense of Marriage Act” (DOMA).

“Getting rid of DOMA is key to the ultimate goal, which is to create a national constitutional right to gay marriage,” Gallagher said. “I don’t think that’s any secret. We’re gearing up for that battle.”

The war of words between these familiar rivals — Karger refers to Gallager as “Maggie,” while Gallagher often jokingly calls Karger “my friend” — is taking place against a backdrop of a marriage fight that is heating up in other states. The Iowa Supreme Court overturned a state ban on gay marriage on April 3. On April 7, the Vermont Legislature legalized gay marriage, narrowly overriding a veto threat by Republican Governor Jim Douglas. Leading up to the vote, NOM paid for a campaign of robo-calls to Vermont voters urging them to contact their legislators to oppose the bill.

The Northeast region has become a focal point in the marriage fight. Connecticut and Massachusetts already allow gay marriage. Lawmakers in Maine and New Hampshire are considering legalizing it. Meanwhile, New Jersey Governor Jon Corzine said in 2007 that he would sign a gay marriage bill if it landed on his desk. A state government-commissioned report added fuel to that fire in December when it found that New Jersey’s current civil union law does not provide equal protection.

On Tuesday in Trenton, N.J., NOM held a press conference to announce “Two Million for Marriage” initiative. The goal over the next two years is to create a network of two million anti-gay marriage activists across the country. NOM also announced a $1.5 million media buy targeting states including Iowa, New Hampshire and New Jersey. An ad from the new campaign, “The Gathering Storm,” can be seen on YouTube.

With so many potential big-money fights brewing, Karger is unapologetic in his effort to shut off some of the flow of money to the other side.

“I really have two goals there-one is to slow them down,” Karger said. The other, he added, is to “make it unacceptable to contribute against equality.”

He’s also unapologetic in his efforts to use the discomfort many people have with the Mormon Church to further this cause. He cited polls showing them having the lowest “acceptability” rating of any major religious group-especially in “libertarian” leaning Vermont, which he said is among the “most secular” states in the nation.

In November, Karger filed a FPPC complaint charging that the Mormon Church hid millions in direct and indirect contributions to the Prop. 8 campaign. He’s also filed federal form 990 request to get at the funding of NOM. He said the group has until April 23 to reply.

He’s also put up a website, Mormongate, detailing the links he sees. Much of the evidence comes from a series of memos that were “dumped in my lap” last year showing leaders in the Mormon Church setting up an anti-gay rights front group in Hawaii in the 1990s.

“My jaw dropped when I started reading them and never came back into line,” Karger said.

It shows a series of communications between Elder Neal Maxwell, lobbyist and other church leaders to create a group called Hawaii’s Future Today. It was designed to have a Catholic public face, according to the memos, and focus on other issues such as gambling in order to seem like it was not just an anti-gay rights group. Karger said that no one has claimed that the memos are not real.

But Gallagher said “There is no evidence at all he offers about NOM.”

As to the idea that NOM is a Mormon front group, she said: “I wish it were true. There is nothing wrong with the Mormon Church or the Catholic Church working to join with other to civic organizations.” She added NOM’s board consists of several Protestants and Catholics, as well as a single Mormon, whom she declined to name.

“If I can find an atheist who wants to get out in front on the marriage issue, I’ll stick them on my board,” Gallagher added.
She tells a very different story about her group’s founding. After spending 15 years as the director of the marriage program at the Institute for American Values, she said, in 2003 she became aware that gay marriage was about to become a major political issue. She founded the Institute for Marriage and Public Policy as a think tank that would focus on the issue, using a $10,000 check from a Protestant group as seed money.

“I felt very strongly that the people who cared about marriage were not sufficiently involved in this debate,” she said.


After an anti-gay marriage initiative went down in 2006 in Arizona, she said, she wanted to create a group that could be more directly involved politically. In the summer of 2007, she worked with Robbie George, a Princeton professor and current board member of NOM, to create the group. This time they started out with $100,000 from a Catholic group and $125,000 from a Protestant one.

In October of that year, she said, she got a call from a woman in San Diego representing a group of about 30 people who were upset that Mayor Jerry Sanders had come out in favor of an effort to overturn Prop. 22, a 2000 non-constitutional anti-gay marriage initiative passed by voters.

Gallagher said that she soon flew out to San Diego to meet with them, and the first state chapter of the Princeton, N.J., based group was formed. They soon collaborated with the California-based group ProtectMarriage, each raising $1 million to get Prop. 8 on last November’s ballot. Not only did they win that fight, she said, but also a 2008 rematch in Arizona.

NOM Actor’s Tryouts Reel Still Available

Date: Fri, 10 Apr 2009 09:46:34 -0400

From: Trevor Thomas trevor.thomas@hrc.org

To: wockner@panix.com

A note from Human Rights Campaign: Many of you have been reporting on our media release sent earlier this week titled ‘Human Rights Campaign Exposes National Organization for Marriage’s Fake Ad for Fake Problems’ – link: http://www.hrc.org/12470.htm .

It is our understanding the National Organization for Marriage (NOM) filed a copyright violation notice with YouTube last night. Therefore, the two audition videos posted under the user “EndMarriageLies” are no longer available. But, you still have options.

Feel free to check out the Rachel Maddow Show from last night who aired a reel of the audition footage: http://www.youtube.com/watch?v=x7NQ3QUP0DcCheers

Trevor

Trevor R. Thomas
Deputy Communications Director
The Human Rights Campaign
Office: 202-216-1547

NOM’s New Commercial BIG Lie — All Actors

Right-wing group does not have truth on its side, so it hires actors to spew lies; Audition reel uncovered online

4/8/2009

WASHINGTON –The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, released a statement and a factual rebuttal today on a television spot produced by the National Organization for Marriage and set to run on CNN, the Fox News Channel, and MSNBC in the coming days. In the ad, actors make disproven claims about marriage for lesbian and gay couples.

“What’s next for the National Organization for Marriage? Will they hire legendary infomercial pitchman Ron Popeil to hawk their phony agenda?” said Human Rights Campaign Spokesman Brad Luna. “This ad is full of outrageous falsehoods—and they don’t even come out of the mouths of real people.”

According to sources, the phony ad is set to run eight times per day in New Jersey, New York, Connecticut, Rhode Island and California. The ad can be viewed here: http://www.youtube.com/watch?v=4AzLrn5JVIo

The National Organization for Marriage hired actors to peddle their lies about marriage for lesbian and gay couples. The audition reels can be viewed at http://www.youtube.com/watch?v=lRjVDZxho54 and http://www.youtube.com/watch?v=cwqNFBt33o4

The National Organization for Marriage and Maggie Gallagher is featured on the interactive wall of EndtheLies.org, a new HRC action-based website launched to confront the lies and distortions repeatedly used to defeat LGBT equality measures. National Organization for Marriage was added to the wall after the group created an anti- marriage equality radio ad that played in Vermont, New Hampshire and Maine.

“Again and again, opponents of equality have claimed one shallow victory after another by telling lies about who we are as individuals, as loving couples and as families. These lies must be called out for what they are every time the right-wing seeks to derail our progress by spreading distortions and inciting fear mongering,” continued Luna.

EndtheLies.org’s interactive wall features videos, audio, pictures, and quotes, calling out those who maliciously use lies and misinformation to interfere with the LGBT community’s path to equality. By clicking on the panels of the wall, users can access more information about those highlighted, watch videos, add comments on multimedia discussion boards, and learn how to take action to counteract their misdeeds.

Along with the National Organization for Marriage, the wall currently features the American Family Association (AFA), the elders of the Church of Jesus Christ of Latter-Day Saints, Oklahoma State Representative Sally Kern, and Utah State Senator Chris Buttars, Proposition 8 lawyer Ken Starr, right-wing media personality Rush Limbaugh, and GOP Chairman Michael Steele. Users can also nominate their own candidates for inclusion on the wall.
Background Ad Rebuttal

“The Real Truth Behind the Fake Ad”

The general argument of the ad is that the push for marriage equality isn’t just about rights for same-sex couples, it’s about imposing contrary values on people of faith. The examples they cite in the ad are:

(1) A California doctor who must choose between her faith and her job
(2) A member of New Jersey church group which is punished by the state because they can’t support same-sex marriage

(3) A Massachusetts parent who stands by helpless while the state teaches her son that gay marriage is okay

The facts indicate that (1) refers to the Benitez decision in California, determining that a doctor cannot violate California anti-discrimination law by refusing to treat a lesbian based on religious belief, (2) refers to the Ocean Grove, New Jersey Methodist pavilion that was open to the general public for events but refused access for civil union ceremonies (and was fined by the state for doing so) and (3) refers to the Parker decision in Massachusetts, where parents unsuccessfully sought to end public school discussions of family diversity, including of same-sex couples.

All three examples involve religious people who enter the public sphere, but don’t want to abide by the general non-discriminatory rules everyone else does. Both (1) and (2) are really about state laws against sexual orientation discrimination, rather than specifically about marriage. And (3) is about two pairs of religious parents trying to impose their beliefs on all children in public schools.
The real facts of each case are:

The California doctor entered a profession that promises to “first, do no harm” and the law requires her to treat a patient in need – gay or straight, Christian or Muslim – regardless of her religious beliefs. The law does not, and cannot, dictate her faith – it can only insist that she follow her oath as a medical professional.

The New Jersey church group runs, and profits from, a beachside pavilion that it rents out to the general public for all manner of occasions –concerts, debates and even Civil War reenactments— but balks at permitting couples to hold civil union ceremonies there. The law does not challenge the church organization’s beliefs about homosexuality – it merely requires that a pavilion that had been open to all for years comply with laws protecting everyone from discrimination, including gays and lesbians.

The Massachusetts parent disagrees with an aspect of her son’s public education, a discussion of the many different kinds of families he will likely encounter in life, including gay and lesbian couples. The law does not stop her from disagreeing, from teaching him consistently with her differing beliefs at home, or even educating her child in a setting that is more in line with her faith traditions. But it does not allow any one parent to dictate the curriculum for all students based on her family’s religious traditions.

Help Our Friends in Iowa

Protect the Freedom to Marry in Iowa from out of state $$!

Out of State organizations attacking the freedom to marry in Iowa!

The same right-wing organizations who spent millions to pass Prop. 8 in California are now spending their money in Iowa!

Sign this petition and send a strong message opposing out of state groups from using their money and influence to take away the rights of Iowans!

Go to this link at oneiowa.org to help: http://eqfed.org/campaign/marriagepetition

Mormongate Coverage On a Popular East Coast Blog

The Vermont News Guy

Hold the Phone

Did you get robo-called this week?

If not, what’s wrong with you?

It seems that almost everybody who is anybody in Vermont got the calls, by opponents of the gay marriage bill, and some folks were plenty miffed about it. They complained to their local newspaper or the Secretary of State’s office, in some cases suspecting political dirty tricks .
In the blogosphere in and out of Vermont appeared allegations that the National Organization for Marriage, which organized the automated telephone calls, was a “front group” established by the Mormon Church.

But robo-calls, which are used by candidates and causes across the ideological spectrum, are legal, and the NOM seems to have followed the rules by identifying itself at the end of the calls. That’s being transparent, not sneaky.

As to “front groups,” they, too, are legal and used across the political spectrum. Whether this one was started by the Church of Jesus Christ of Latter Day Saints is open to debate. If so, the Church appears to have violated no law.

None of which means that the calls do not portend some difficult days ahead here. Perhaps Vermonters should fasten their seat belts. The state could be in for a politically bumpy 18 months.

Not because there is anything necessarily wrong (though there is certainly something aggravating) with robo-calls. But because they are a sign that political big bucks from outside the state may be coming into it, increasing the likelihood that the discussion over this contentious issue will get more intense, and possibly much more divisive.

The likely impending defeat of the same-sex marriage bill (it passed the House, but with not enough votes to override Gov. Jim Douglas’s promised veto) means that the issue will stay front-and-center until Election Day, 2010. In fact, it might be only a slight exaggeration to suggest that the political campaigns – for governor and for the Legislature – began last night. Considering all the economic and budget battles, it’s too early to say that gay marriage will be the dominant issue. But it will be a big one.

So far this year, outside operatives and outside money have played a relatively minor role in the marriage debate, a smaller role than during the civil unions debate of 2000.
That may not last. Pro gay-marriage forces from California and elsewhere are planning activities throughout the Northeast in coming months

Whether or not the National Organization of Marriage is a creature of the Mormon Church, it is allied with it, and with its prodigious fund-raising powers. The robo-calls of this week were cheap. NOM has the capacity to do much more. In last year’s contentious Proposition 8 campaign in California, which overturned a state Supreme Court decision authorizing gay marriage, NOM spent more than $1 million.

Whatever the specific impact of this week’s robo-calls, their presence indicates that NOM is likely to continue to be active here. In raw numbers, the dollars spent here will not approach California levels. But they could be more than enough to change the way politics is conducted in Vermont, perhaps just for this election cycle, perhaps for longer.

Nor are the proponents of gay marriage likely to be outspent. This is a battle in which both armies have roughly equal access to money and equal passionate commitment to their cause.
No one expects Beth Robinson and her Vermont Freedom to Marry allies to stop fighting. They got a huge majority in the Senate and a substantial one in the House. Only one office-holder stands between them and victory. They will go after him. So far this year, their side has dominated the debate inside the state’s borders. It’s the opponents who need more outside help. These robo-calls could be the first sign that they are going to get it.

Robo-calls are legal, Constitutionally protected political activity. They are also probably a waste of time and money.

Yale University Professor Donald Green, the co-author of a book on the subject (Get out the Vote: How To Increase Voter Turnout Brookings Institute, 2008), said studies show that robo-calls do nothing to increase voter turnout, and you “don’t see that much effect on persuasion, either.”

Robo-calls are inexpensive, he said, and politicians who use them are “hoping to get a small effect by paying small amount of money.” But the effect is so small, he said, that even in close races it was not clear that robo-calling was decisive. According to an article in Newsweek last October, half the people who get robo-calls hang up in the first ten seconds.

It’s hard to see how the calls could have been decisive for last night’s vote in the Vermont House of Representatives. The final count was pretty much what had been predicted before the calls began. House members had already been deluged by letters, emails and personal visits from their constituents. It’s hard to believe that any of them didn’t know what the voters wanted.
Robo-calls can be and have been used for political dirty tricks. Often they provide false information about an opposing candidate, or are used as part of a “push poll,” in which respondents are asked questions such as, “would you vote for John Jones if you knew he approved of terrorism.”

But that’s not what the NOM robo-calls did. They urged people who answered the phones to call their legislators (providing the name and phone number of the representative) urging them to “support Governor Jim Douglas” in opposing the same-sex marriage bill.
Then, to comply with federal law, the message identified the calling organization and provided a telephone number, 804-934-1092, in Richmond, Virginia.

NOM does not seem to have violated any Vermont regulation, either. As of yesterday, it had not yet registered as a lobbyist, which it would have to do if it spent more than $500 (not on the calls, but on staff time arranging for the Vermont robo-call operation), according to Kathy DeWolfe, head of the Secretary of State’s Election Division.

As to the NOM-Mormon connection, Maggie Gallagher, NOM’s president, says there is none.
“We’re an inter-faith, secular, organization,” she said. We have Protestants, Mormons, Catholics, Jews, and if you know any atheists who are against same-sex marriage I’d love to talk to them.”
Besides, she said, “there’s no reason why people involved in churches can’t help found secular organizations. There would be nothing underhanded in any church helping to found secular or interfaith organizations.”

The claim that the Mormon Church did start NOM comes from Fred Karger of Californians Against Hate, which opposed the California proposition that outlawed gay marriage. On the organization’s web site, Karger wrote, ” the Mormon church appears to have created the National Organization for Marriage… as a Mormon front group, exactly as they did with a very similar organization called Hawaii’s Future Today (HFT) in that state in 1995.”
Karger has obtained copies of letters from high-ranking Church officials which seem to demonstrate that the Church was instrumental in setting up the Hawaii group. But his most recent letter is from 1998. Gallagher said NOM was founded only two years ago. There are prominent Mormons in its hierarchy, but its chairman of the board is Robert P. George , the McCormick Professor of Jurisprudence at Princeton University, and a well-known conservative Catholic intellectual. NOM is based in Princeton.

But the similarity between the Hawaii outfit and NOM, while not conclusive proof that the Church set up NOM, at least suggests a connection. Top officials of the LDS Church have been working against gay marriage for more than a decade, and not just as individuals; the Church as an institution has been part of the effort. There seems to be little doubt that the Church and NOM worked together in California, where the Church took a leading role in campaigning for Proposition 8.

Because political robo-calls do not try to sell anything or raise money, they are not subject to the national “Do Not Call” system coordinated by the Federal Communications Commission. But there is a voluntary National Political Do Not Contact Registry with which people can register.
Elsewhere, the Swedish Parliament approved same-sex marriage in that country by a vote of 261 to 22

Lots of News Coverage from Around the Country

Californians Against Hate in the News

Fox 13 Salt Lake

Fox 13 Salt Lake

Fox 13 Salt Lake March 20, 2008

The Salt Lake Tribune

The Salt Lake Tribune Public Forum April 1, 2009

The Washington Times

The Washington Times Editorial

Deseret News

Deseret News March 20, 2009

San Jose Mercury News

San Jose Mercury News March 19, 2009

San Diego Union-Tribune 02-22-09

The Examiner

The Advocate

NPR

Sirius Radio — Michelangelo Signorile Show

KSL TV NBC 4 Salt Lake

KUSI TV San Diego

North County Times

Lavender Newswire

Bay Area Reporter 02-19-09

Air America Jon Elliott Show

Air America Jon Elliott Show March 18, 2009

National Review Online

Mashget

Politrix

Julian Aires

Gay and Lesbian Times 02-19-09

Gay and Lesbian Times 02-19-90

Gay and Lesbian Times 03-12-09

Bisexual Magic

Gay Marriage Watch

Queers United

Planet Transgender

Atlantic Free Press

Metropolitan News

Gay Persons of Color

CAL LAW

Christian Examiner

Noosoop

The Tattler

Gay Marriage Watch

Lez Get Real

The Time of My Life

On Top Magazine

Online Journal

Towleroad

Good as You

Death and Taxes

Metropolitan News-Enterprise

Online Journal

Moonbattery

Green Left

On Top Magazine March 20, 2009

Box Turtle Bulletin

Towleroad

Good Sense Politics

News for Mormons

Michael-In-Norfolk

Lifestyle, Food, Wine & Hub

2015Place.com

Student Daily News

Pam’s House Blend

Lavender Newswire

Rainbow Foot Soldiers

Gaylink News

Backpage.com

M N Daily

Vermont News Guy

Vermont News Guy II

Salt Lake Tribune – Rebecca Walsh Column

Walsh: LDS elders showed seasoned political savvy on California’s Prop. 8
Rebecca Walsh
Tribune Columnist
Posted: 03/25/2009 07:23:01 PM MDT

At post-election rallies in California, protestors passed out IRS complaint forms.
The paperwork for reporting a tax violation by a nonprofit was already filled out — with The Church of Jesus Christ of Latter-day Saints’ name and address. People simply had to sign the bottom.

The Internal Revenue Service ultimately will decide whether the Mormon church crossed a line in U.S. tax law when it funneled at least $190,000 of its own resources and directed individual members to give and give often in the $83 million campaign to ban gay marriage in California.
I doubt it. South Temple and their attorneys are too careful for that.

Documents leaked to Californians Against Hate show in fascinating detail the calculated way Mormon spiritual leaders spearheaded Hawaii’s gay marriage fight 10 years ago. The handful of memos from then-Elder Loren C. Dunn to various members of the Quorum of the Twelve Apostles reveal a political machine within a patriarchy of faith:

Richard Wirthlin, not yet a general authority, polled the relative popularity of Mormons versus Catholics. When results showed Catholics had a better image in Hawaii, Mormon leaders decided to stay in the background. They hired a Hawaiian advertising firm, McNeil Wilson, on a $250,000 retainer. They tacked on gambling and legalized prostitution to give the anti-marriage front group “room to maneuver in the legislature” and “broaden our base and appeal,” Dunn wrote. They searched for an “articulate middle-age mother” who was neither Mormon nor Catholic to be the face of the campaign.

The documents are old — mostly updates and memos dated between 1995 and 1998. And the church won’t say they’re real or acknowledge they were leaked.

“We are unconcerned about these documents,” says spokesman Scott Trotter. “The Church’s position on the importance of traditional marriage has been consistent over the years.”
There’s no reason to think the internal political organization built by Dunn and Wirthlin and others has been dismantled. If anything, the political fight to amend California’s constitution shows LDS elders have learned from their mistakes and honed their campaign strategy. Rather than financing the crusade themselves as they did in Hawaii, giving $400,000 in church funds, leadership decided to call on members nationwide for financing.

Californians Against Hate Director Fred Karger is trying to make the case that the Mormon church violated California’s Political Reform Act by obscuring the institutional money spent on advertising, phone banks and sending elders to the state to supervise and rally the faithful.
“They started this in 1988, putting together this plan to bring the church into a major role in opposing same-sex marriage,” he says. “You kind of have a boilerplate.”

Aside from financial disclosure discrepancies, the IRS is another matter. U.S. tax code prohibits churches and other nonprofits from spending “substantial” amounts of money on lobbying. Ultimately, IRS investigators will decide whether the Mormon role in Yes on 8 qualifies as substantial.

Watching from a distance, Salt Lake City tax attorney Bill Orton doesn’t think so.
“I can’t imagine that [church attorneys] Kirton & McConkie would miss something in tax law,” says the faithful Mormon and former congressman. “I would not have injected the church into [the Proposition 8 fight] to the extent that they did. But I don’t see that they’ve done anything unlawful. I don’t think the church is in any trouble whatsoever.”

Legal or not, the handful of documents Karger has posted at CaliforniansAgainstHate.com reveal the dual roles played by Mormon leaders. For faithful church members who still see the apostles as simple grandfatherly gurus of the spiritual, this is an awakening.
They’re also canny political hands.
walsh@sltrib.com

Huffington Post

Evan Wolfson
Executive Director of Freedom to Marry, and author of Why Marriage Matters
Posted March 30, 2009 11:27 AM (EST)

Will the California Supreme Court Strike Down Prop 8, or “Willy-Nilly Disregard” Its Duty?

If the March 5 oral argument before the California Supreme Court was any guide (which oral argument isn’t always), Chief Justice Ronald George may be on the verge of making a terrible, heartbreaking mistake.

The Court is due to rule soon on a set of challenges to Proposition 8, the November ballot-measure that stripped the freedom to marry away from committed same-sex couples. The challenges are supported by preeminent African-American, Hispanic, and Asian/Pacific civil rights organizations; cities such as San Francisco and Los Angeles; teachers and child-welfare professionals; religious leaders; businesses and labor unions; and advocates for same-sex couples and their families. All of them have asked the Court to uphold the bedrock principle of American constitutional government that a simple majority may not selectively vote away a fundamental right from a minority targeted for invidious, suspect reasons.

Most who saw the oral argument perceived Chief Justice George and Justice Joyce Kennard as straining to justify their apparently likely votes to uphold Prop 8. Their barrage of hostile questions and comments suggested that the civil rights advocates were asking the Court to, in Justice Kennard’s words, “willy-nilly disregard the will of the people.” But in fact the Constitution — itself the “ultimate expression of the people’s will,” as Chief Justice George recalled in 2008 — spells out two separate procedures for change: one for ordinary “amendments,” the other for more significant “revisions” such as Prop 8. Revisions, the Constitution says, require a more deliberate, careful process including review and a greater-than-mere majority vote by the Legislature before a measure is placed on the ballot. The Prop 8 forces chose not to follow the rules, including the constitutional safeguard against willy-nilly votes mandated, yes, by the people themselves. Indeed, shortly before the argument, the Legislature passed a resolution urging the Court to strike down Prop 8 because the Prop 8 forces in their zeal deprived the Legislature of its constitutional responsibility to review the measure.

The Court has the duty to strike down Prop 8, a measure that, while it received a narrow majority, should not have been on the ballot in the first place. The Court should explain that the interests of all of us, even a temporarily disgruntled majority, are better served when the rules are upheld. The Court should remind the public that, as the U.S. Supreme Court has said, “There is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally.” That restraining principle is an essential pillar of equal protection. The very idea that the Court would permit a simple majority to even inadvertently discard such a defining element of the Constitution is distressing.

But, shockingly, the Chief Justice spoke as if his hands were tied by the mere fact of the November vote, the legitimacy of which is the very issue before the Court. He did not explain that equal protection at a minimum obliges the majority to itself abide by whatever treatment it imposes on a minority — a core structural principle eviscerated by Prop 8, which removed the fundamental right to marry for the gay minority alone while retaining that precious right for the majority. Rather, Chief Justice George appeared to profess helplessness in the face of precedents on how to distinguish a revision from a mere amendment. However, it was the Court itself that set those precedents, which themselves did not preclude logical extension should an unprecedented situation require further vigilance. As Justice Kathryn Werdeger and other justices noted, Prop 8 is exactly such an unprecedented assault. To build on and beyond precedents where warranted is why we have judges, not just law books.

Never before has the Court allowed a fundamental right to be voted away from a targeted minority. Never before has the Court taken the invitation of a lawyer, such as Prop 8’s Ken Starr, to set a precedent that, as Starr repeatedly conceded, would put no state constitutional limitation on a future majority’s ability to vote away protections against race or sex discrimination or cherished freedoms such as speech, worship, or, yes, the freedom to marry — the “essence” of which, the California Supreme Court explained in 1948 when it became the first court in the U.S. with the courage to strike down race restrictions on marriage, is the right “to join in marriage with the person of one’s choice,” the person who to you may be “irreplaceable.” Imagine what California and our country would look like today had that court flinched in the face of the 90% disapproval of the then-majority. Imagine what the Constitution would look like if a mere majority could always cement inequality or a selective denial of fundamental rights into it, without even the procedural protection of the deliberative revision process the people themselves set forth.

As destructive and tragic as a new precedent upholding Prop 8 would be, however, that’s not even the potential mistake to which I referred at the beginning. Chief Justice George’s and Justice Kennard ‘s exchanges at oral argument suggested that they may be about to minimize their own ringing and legacy-shaping 2008 Marriage Cases opinions, apparently as a way of avoiding the obligation to follow through and strike down Prop 8. They seemed to suggest that the selective stripping away of marriage was not all that significant, that because same-sex couples still would have partnership rights, their forced exclusion from marriage was a matter of mere “nomenclature.” This was the most unkindest cut of all.

Hearing dismissive characterizations such as “nomenclature” during oral argument, it was hard to believe that here was the same courageous judge’s judge who less than a year ago wrote the following in Marriage Cases [emphasis added]:

“Because of the long and celebrated history of the term “marriage” and the widespread understanding that this term describes a union unreservedly approved and favored by the community, there clearly is a considerable and undeniable symbolic importance to this designation. Thus, it is apparent that affording access to this designation exclusively to opposite-sex couples, while providing same-sex couples access to only a novel alternative designation, realistically must be viewed as constituting significantly unequal treatment to same-sex couples.”

“[P]articularly in light of the historic disparagement of and discrimination against gay persons, there is a very significant risk that retaining a distinction in nomenclature with regard to this most fundamental of relationships whereby the term “marriage” is denied only to same-sex couples inevitably will cause the new parallel institution that has been made available to those couples to be viewed as of a lesser stature than marriage and, in effect, as a mark of second-class citizenship.”

“[R]etaining the traditional definition of marriage and affording same-sex couples only a separate and differently named family relationship will, as a realistic matter, impose appreciable harm on same-sex couples and their children, because denying couples access to the familiar and highly favored designation of marriage is likely to cast doubt on whether the official family relationship of same-sex couples enjoys dignity equal to that of opposite-sex couples.”

“[A]lthough the meaning of the term ‘marriage’ is well understood by the public generally, the status of domestic partnership is not. While it is true that this circumstance may change over time, it is difficult to deny that the unfamiliarity of the term ‘domestic partnership’ is likely, for a considerable period of time, to pose significant difficulties and complications for same-sex couples, and perhaps more poignantly for their, that would not be presented if, like opposite-sex couples, same-sex couples were permitted access to the established and well-understood family relationship of marriage.”

The Chief Justice was right in Marriage Cases when he wrote these and other similar passages, and would be horribly wrong now to trivialize or turn away from them. It is no answer to say that Prop 8 changed the Constitution; the very question before the Court is whether such a profound revision withdrawing equal protection and a recognized fundamental freedom is permitted.

At various civil rights moments in American history, the courts’ vital role in enforcing equal protection, and judges themselves, have come under tremendous pressure. Recall, for instance, the “Impeach Earl Warren” billboards following Brown v. Board of Education, the vitriol against the California Supreme Court when it had to strike down a 1964 constitutional change that undermined protections against race-discrimination, and the Rovian campaign of intimidation waged against so-called “activist judges” these past 8 Bush years. Its shining moment in standing up against such intimidation, in addition to its right result on marriage and equal citizenship for lesbian and gay Americans, was why I and millions cheered the Court’s courage and clarity in 2008. In Marriage Cases, we saw a court do its job, and do it right.

Unlike right-wing opponents of equality, who denounce and seek to punish courts for doing their job, I criticize only when they flinch or fail to do it. If the Court, and if this Chief Justice, vote to uphold Prop 8’s damaging blow to American constitutional principles, it will be a terrible mistake, failing their obligation under and to the California Constitution. If in so doing, they compound that mistake by selling short, or sidling away from, the truths set forth so powerfully in Chief Justice George’s 2008 ruling — the fundamental nature of the freedom to marry, the way in which exclusion from marriage itself denies equality and imposes the stigma of second-class citizenship — they will do a powerful disservice to the people, to the Constitution, and to history, which for the moment still ranks them alongside the judges who struck down race discrimination and the subordination of women in marriage in the face of the passions of the moment, and were vindicated. Failure of judgment and duty now will tarnish their own legacy, wreak real harm on gay people and their loved ones, and shatter the faith of millions in the courts and their legitimate and crucial role in our constitutional system.

To be remembered, after all, for these missed stakes, would be heartbreaking.

Los Angeles Times Editorial

Gay marriage on the march
Legislatures in Vermont and New Hampshire are poised to legalize same-sex unions.
March 28, 2009

Vermont and California appear to be sliding in opposite directions these days, and we’re not talking about tectonic plates. As the institution of marriage undergoes seismic shifts, Vermont is moving from civil unions for same-sex couples toward full marriage, while the California Supreme Court is weighing whether to uphold Proposition 8, which stripped marriage rights from gay and lesbian couples.

The court also will decide whether to uphold the marriages of an estimated 18,000 same-sex couples who tied the knot before Proposition 8 passed in November. It’s generally unwise to place bets on rulings based on what’s said during a hearing — justices are notorious for playing devil’s advocate as a way of testing their leanings — but during the arguments on Proposition 8, no real support was voiced by the court for ending marriages that were entered into legally and in good faith. Though the constitutional amendment says simply that the state will recognize only marriages between a man and a woman, it does not make the requirement retroactive.

Opponents of same-sex marriage could bring another initiative forward to end those marriages, but considering that Proposition 8 passed with a modest majority, it is unlikely that California voters would be willing to rescindthe marital status of lawfully wedded couples.

State recognition of those marriages, though, would open doors to complicated new lines of argument. Same-sex marriage has been legal in Massachusetts for nearly five years, and for a much shorter time in Connecticut. Those marriages also were conducted legally and in good faith, and until Proposition 8 passed, they were recognized here. Can that recognition be withdrawn retroactively? If more such couples move into this state, as a practical matter Proposition 8 will be weakened, as well as being seen as conflicting with reality.

Two groups already have permission to gather petitions for initiatives to overturn Proposition 8, though polls show that these might be politically premature; the state is nearly evenly split on the subject, numbers that will surely change as more young people, who strongly support same-sex marriage, become voters.

The Vermont Senate passed the new gay-marriage legislation on a commanding 26-4 vote, and the House is expected to approve it as well. Gov. Jim Douglas says he will veto it; it is unclear whether the two houses have enough votes to override. But the New Hampshire Legislature quickly followed its neighbor, with the state House voting narrowly Thursday for same-sex marriage. No matter which way the California Supreme Court rules, the campaign to give equal marriage rights to gay and lesbian couples — and the slow but building acceptance of these couples — is inexorable.