NOM’s Marriage Pledge: A Self-Inflicted Wound

Rob Tisinai

August 5th, 2011

The National Organization “for” Marriage wants Republican presidential candidates to sign a marriage pledge. Bachmann, Santorum, and Romney have complied.  That’s a NOM victory, of sorts, though we already knew Bachmann and Santorum are anti-gay, and Romney would likely sign anything that won him primary votes.

Really, though, NOM has shot itself in the foot.  This pledge actually destroys their favorite PR strategy.

From NOM's homepage

See, when state legislatures pass marriage equality, NOM shouts, Let the people vote! NOM’s campaign to repeal New York marriage equality is called Let the People Vote.  They’ve mounted a new website called Let the People Vote.

But with this pledge, in a few short phrases, just five simple points, NOM has made it easy to show they don’t give a damn about that at all.

The last one, Point 5, reiterates NOM’s usual rhetoric:

Five, advance legislation to return to the people of the District of Columbia their right to vote on marriage.

Typical NOM: the people should decide this, not their elected representatives.  Okay.  So what?

The problem is in Point 1:

One, support sending a federal constitutional amendment defining marriage as the union of one man and one woman to the states for ratification.

Here’s the hypocrisy: when a Constitutional amendment goes to the states for ratification, the people don’t get to vote on it!  

Article V of the  Constitution allows states to ratify an amendment through either:

  • The state legislature — which is exactly how New York passed marriage equality.
  • A state convention called for that purpose — which means electing delegates to vote on the amendment.

In neither case do the citizens of a state get a direct vote on the amendment.  The Constitution does not permit it.

Let’s compare two facts, then, statements that cannot be disputed.

  1. NOM claims to champion the right of citizens to vote directly on same-sex marriage in their state.
  2. NOM is working to make sure that citizens in every state will never be allowed to vote directly on same-sex marriage.

I’m tempted by the obvious conclusion:  NOM is a bunch of lying liars. But there’s another possibility.  NOM’s president Brian Brown is, after all, a colossal screw-up.  Perhaps he doesn’t know his Constitution very well. Perhaps he doesn’t realize what his master plan entails.

I suggest we tell him.

Sadly, I’m blocked from posting on NOM’s blog.  But perhaps you’re not.  Perhaps you can go there and ask:

If NOM supports the right of citizens to vote directly on SSM, why is it pushing a Constitutional amendment which citizens are Constitutionally forbidden to vote on directly — an amendment that would  prevent citizens from ever voting directly on SSM?

You can add a link to this post, but that might get you banned.

Let me know if they allow your comment.  I doubt they’ll answer our question.  But at least they can never say they didn’t know.

And if you like, send this message to Joe Solmonese and any of our other talking heads who go up against NOM on cable news.  Maggie Gallagher and Brian Brown should never again be able to say, “We think the people have a right to vote on this,” without hearing back, “Then why are you working to make sure they can’t?”

Laura

August 5th, 2011

When I clicked on your link to the blog. I got the message that ‘My computer has blocked the website because of malicious add on…’.

I did register at nom.com yesterday just so I could send them a nasty email.

TampaZeke

August 5th, 2011

Great catch Rob! I don’t think most Americans understand the Amendment process. Big surprise there.

Hunter

August 5th, 2011

I’d like someone to demand that they point out the provision in the Constitution that allows “the people” to vote on civil rights — as in, the fundamental rights that are guaranteed in the Constitution.

Michael Smith

August 5th, 2011

Done! Not that it will pass moderation and actually appear. . . But thanks for pointing out the often overlooked obvious.

RobNYNY1957

August 5th, 2011

“Perhaps he doesn’t know his Constitution very well.”

He obvously doesn’t know his Contitution very well if he thinks the Founding Fathers had anything to do with the Fourteenth Amendment, as he indicates in the pledge.

David C.

August 5th, 2011

As polls show, the handwriting has been on the wall for some time now: the national sentiment towards marriage-equality is shifting in favor of equality. This current strategy of NOM is a hedge against that day when they start to lose in those plebiscites they keep calling for. Once a pattern of such losses emerges (perhaps as early as primary season in 2012), then expect the rallying cry to permanently change from “let the people vote” to calling for a constitutional amendment and a pinning of their hopes on getting an administration that supports their position—a low but not zero possibility outcome of 2012 presidential politics.

I see this as a dovetailing strategic shift rather than any kind of message misstep. NOM always has depended on scare-tactics, half-truths and disinformation to achieve their ends and never much manifested a need to resort to consistency and logic—they are propagandists and racketeers after all.

The rhetoric and this nonsensical “pledge” of the NOM-nuts will serve to deliver a few christianist right-wing votes (and donations) but probably will not do much to really define any candidate for mainstream America.

SteC

August 5th, 2011

What I still fail to understand is why anyone thinks they should have the right to vote on someone else’s basic human and civil rights.

And they call me stupid…

Joe Perez

August 5th, 2011

As NOM’s cause becomes more futile, they appear to be ever more desperate. Glad you’re keeping an eye on them.

John B.

August 6th, 2011

I will never figure out their moderating policy over there. They haven’t posted a single one of my comments in several weeks (out of at least a couple dozen I have submitted, all polite and on-topic) but they actually let this one through:

http://www.nomblog.com/12251

My comment, in case they delete it:

Wait, is it “let the people vote” or is it “take the vote away from the states and from the people with a constitutional amendment”? (You do realize there is no popular vote when it comes to constitutional amendments, right?) Aren’t you talking out of both sides of your mouth here?

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