Marriage Equality

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  • NBC News Describes Trump As “One Of The More LGBT-Friendly” Republicans, Despite His Anti-LGBT Positions

    Trump’s Support For State-Sponsored Anti-LGBT Laws Does Not Make Him LGBT Friendly

    Blog ››› ››› BRENDAN KARET

    In a segment discussing North Carolina's discriminatory anti-LGBT "bathroom bill" legislation, NBC's Hallie Jackson claimed that Donald Trump "is considered one of the more LGBT-friendly Republican candidates." Jackson’s misleading description of Trump as LGBT friendly comes as the Republican front-runner attempts to re-brand himself as a more moderate candidate heading into the general election and ignores Trump’s long-standing position as an opponent of marriage equality.

    While Jackson described Trump as “one of the more LGBT friendly Republican candidates,” a closer look finds his stance in line with supporters of the law. During an April 21 interview with Fox’s Sean Hannity, Trump said "local communities and states" should be able pass discriminatory legislation barring transgender people from using a bathroom associated with the gender they identify with. Trump’s stance that states should be allowed to pass these discriminatory laws is in line with North Carolina’s passing of the state-sponsored anti-LGBT law:

    HALLIE JACKSON: Ted Cruz, in a new online video, taking aim at Donald Trump's criticism of a transgender bathroom ban in North Carolina.

    TED CRUZ: This is not a reasonable debate over public policy. This is political correctness run amok.

    JACKSON: Cruz, using Trump's comments to try to boost his own conservative credentials, while hitting his rivals with a new online polling showing 64 percent of Republicans support the ban. But some of Trump's backers aren't bothered by it.

    [...]

    JACKSON: A top Trump aide, dismissing Cruz's criticism, telling NBC News the senator is simply trying to stay relevant. Trump himself, not backing down.

    DONALD TRUMP: Local communities and states should make the decision. And I feel very strongly about that.

    JACKSON: While Trump is considered one of the more LGBT-friendly Republican candidates, he hasn't talked much about those issues on the campaign trail. Not a typical part of his stump speech, and not mentioned tonight at his rally here in Delaware.

    Jackson's NBC Nightly News report ignores Trump's history of bigoted and extreme positions on LGBT issues, including his support for the anti-LGBT "First Amendment Defense Act," Trump's promise to "strongly consider" appointing Supreme Court justices to overturn its recent ruling in support of marriage equality, and his previous support for Kim Davis, a Kentucky County clerk who refused to issue marriage licenses to same-sex couples.

    Furthermore, the NBC segment plays into comments made by Trump’s new campaign manager, Paul Manafort. During an April 21 meeting of Republican leaders, Manafort attempted to assure those assembled that Trump’s outrageous rhetoric was the candidate simply “projecting an image” and that “the image is going to change.”
     

  • Inside The Conservative Plan To Continue The Fight Against LGBT Equality

    Undercover At The Religious Right's Anti-LGBT "Future Conference"

    Blog ››› ››› CARLOS MAZA

    One week before the Supreme Court ruled in Obergefell v. Hodges that bans on same-sex marriage are unconstitutional, a group of the country's most prominent anti-LGBT activists met at the Skyline megachurch in San Diego to discuss what their next steps should be in the fight against LGBT equality.

    The meeting was part of the 2015 Future Conference, an event organized by Skyline Pastor Jim Garlow in order to respond to "the thorniest and most challenging issues in the current cultural landscape."

    In promotional materials for the gathering, Garlow warned "our nation is in trouble" due to the lack of a "clear proclamation of biblical answers to the messiness of our culture." According to Garlow, pastors can no longer speak out about things like homosexuality because they are considered "political."

    The four-day conference, which Media Matters attended undercover, featured presentations covering a range of issues -- from the threat of Islam to "biblical economics" -- but its unifying theme was the alleged rise of Christian persecution across the globe, and especially in the United States as a result of growing acceptance of LGBT people.

    The list of over 50 speakers spanned the conservative political landscape and included members of Congress, Fox News contributors, and prominent right-wing activists. Senator James Lankford (R-OK), Rep. Jody Hice (R-GA), and former Speaker of the House Newt Gingrich submitted video remarks. There was even a presentation from Suzan Johnson Cook, former Obama administration Ambassador-at-Large for International Religious Freedom.

    The conference also featured speeches from some of the most prominent anti-LGBT groups in the country, including several organizations designated as "hate groups" by the Southern Poverty Law Center: the Family Research Council (FRC), Liberty Counsel, and Catholic Family and Human Rights Institute (C-FAM).

    Shielded from the eyes and ears of major media, speakers at the Future Conference expressed the kind of casual homophobia that would otherwise offend mainstream audiences. More importantly, they discussed their plans for dealing with a country seems increasingly determined to protect LGBT people from discrimination.

    "The Rainbow Flag ... Has Become The Dark Flag Of Tyranny"

    Speakers at the Future Conference presented many of the same homophobic talking points that have defined the religious right for the past several years. Many disparaged same-sex relationships as destructive and unhealthy. Frank Schubert -- the political strategist behind many of the country's most successful anti-LGBT campaigns -- told his audience that "sexual entanglements" between gay men pose "substantial risk of harm," and called gay sex "inherently unhealthy":

    Others decried LGBT activists as being overly-aggressive and totalitarian. "The rainbow flag of tolerance has become the dark flag of tyranny overnight," warned Everett Piper, president of Oklahoma Wesleyan University. Conservative columnist Star Parker lamented that "homosexuality is now dividing us and bringing hostility into the public square. They're coming out of the closet -- they're forcing the church in." Michael Brown, an anti-LGBT activist known for showing up at gay pride events to badger attendees, declared that the "gay revolution has within itself the seeds of self-destruction."

    FRC Vice President for Church Ministries Kenyn Cureton, in a presentation about mobilizing churches to get involved in political battles, described LGBT activists as "pawns of a malevolent master."

    Outside the conference's main auditorium, organizations set up displays to hand out promotional materials about their work. FRC's display included copies of its "Debating Homosexuality" booklet, which falsely claims that gay men are more likely to engage in pedophilia than heterosexual men.

    What Happens After Obergefell?

    The Future Conference's homophobic content was unsurprising given the venue. In 2008, Garlow's Skyline Church was at the epicenter of the religious fight against California's Proposition 8. At the time, Garlow convened a call with 1,000 ministers to discuss tactics for banning same-sex marriage in the state -- tactics that ultimately proved successful in mobilizing religious support for the ballot measure.

    Less than a decade later, Garlow and his allies were meeting under very different circumstances.

    Same-sex marriage had become legal in a majority of states, including California. Public opinion was firmly in favor of marriage equality, and religious opposition to same-sex marriage was giving way to religious acceptance and support. Most speakers were correctly predicting that Obergefell would result in the Supreme Court legalizing nationwide marriage equality.

    That looming reality gave the Future Conference a sense of urgent and sober realism. Beyond making their typical anti-gay remarks, speakers explained how they planned to stop, or at least slow, the push for LGBT equality in America.

    Civil Disobedience

    One of the recurring themes at the Future Conference, especially in reference to Obergefell, was the suggestion that Christians are not obligated to obey the laws of man if they contradict the laws of God.

    In a video message to the conference. Liberty Counsel founder Mat Staver compared a Supreme Court decision legalizing marriage equality to Dred Scott, the infamous Supreme Court decision that found African Americans were not American citizens. "Our highest respect for a higher law," Staver said, "requires that we not give respect to an unjust decision." He explicitly suggested that religious adoption agencies should refuse to place children in households headed by same-sex couples, adding that the Supreme Court lacked the power to enforce its decisions.

    That sentiment was echoed by several other speakers, including Schubert, who argued that a constitutional convention might be needed to override an "illegitimate" decision on same-sex marriage from the Supreme Court. NOM's Brian Brown touted his organization's "Presidential Marriage Pledge," which -- in addition to calling for a constitutional amendment banning same-sex marriage -- asks presidential candidates to pledge to work to "overturn any Supreme Court decision that illegitimately finds a constitutional 'right' to the redefinition of marriage."

    The civil disobedience canard has gained popularity among anti-LGBT activists and even GOP presidential candidates, who have similarly compared Obergefell to Dred Scott and suggested that Americans should simply refuse to acknowledge the Supreme Court's authority.

    Fighting Non-Discrimination Protections

    Speakers also touted efforts to undermine and sidestep non-discrimination laws that would prohibit them from discriminating against LGBT people on the basis of sexual orientation or gender identity. Steve Riggle, a Houston pastor at the center of the national controversy surrounding Houston's Equal Rights Ordinance (HERO) earlier this year, decried the city's attempt to extend "special rights" to LGBT people, peddling the myth that sexual predators would exploit the law by pretending to be transgender and sneaking into women's restrooms. 

    In a session titled "Homosexual Marriage - Obliterating Religious Liberty," Alliance Defending Freedom (ADF) senior counsel Kevin Theriot warned audience members that non-discrimination laws threaten the freedom of churches and businesses to act out their faith. ADF has been at the forefront of representing business owners who refuse service to gay customers, arguing that religious businesses should be exempt from non-discrimination protections. It's also the group behind the national push for state "religious freedom" laws, which would give business owners a legal defense for refusing service to gay customers. He offered audience members copies of ADF's booklet "Protecting Your Ministry," which offers advice on how for-profit businesses and churches can avoid non-discrimination lawsuits.

    "Are you willing to do what it takes to prepare yourself for the coming onslaught?" Theriot asked before describing how churches might insulate themselves from discrimination complaints. One tactic, advised Theriot, is to take advantage of the ministerial exemption to non-discrimination laws by broadly defining "ministers" to include employees like IT technicians and food bank workers. 

    NOM's Brown encouraged attendees to throw their support behind the First Amendment Defense Act (FADA), which had just been introduced in Congress and would shield businesses and individuals from being denied tax exemptions, grants, licenses, certifications, or grants from the federal government as a result of their opposition to same-sex marriage. FADA has been criticized for creating a national license-to-discriminate against gays and lesbians, but the measure has since quickly gained support among anti-LGBT groups and conservative media outlets

    Influencing The Media

    Beyond a political agenda, speakers at the Future Conference also talked a great deal about influencing public debates about LGBT issues, especially through the media.

    Ted Baehr, Chairman of the Christian Film & Television Commission, touted efforts to inject Christian themes and imagery into mainstream television and film. Shows like "Will & Grace," he argued, had gotten society comfortable with an "illegal, demonic form of marriage." Using Hollywood to expose the public to Christian values is, according to Baehr, a key step in turning the tide in America's culture war.

    Other speakers were more concerned with coverage of LGBT issues in news outlets. In a presentation titled "Dealing With Media," conservative author and right-wing activist Jason Mattera suggested that the key to winning public opinion was to invert the dominant media narrative about LGBT equality by decrying LGBT activists as intolerant bullies while painting religious conservatives as the real victims in the culture war.

    Leftists are "the most intolerant, bigoted people on the planet. And that is, they want Christianity purged from the public square," Mattera declared. He urged his audience to portray the fight for LGBT equality as intolerant when talking to reporters or appearing on TV: "Why do they hate diversity? Why do they hate tolerance? I'm for a multiplicity of viewpoints. Isn't that what America is about? Why does that person want to compel me to do something I don't want? What is it about fascism that appeals to them?" 

    That "flip the script" tactic -- essentially calling LGBT activists bullies -- has been widely successful in influencing conservative media coverage of the fight for LGBT equality in recent years. Stories about anti-gay bakers and florists who are fined for refusing service to gay customers have helped motivate the recent wave of "religious freedom" laws and gin up opposition to non-discrimination efforts that protect LGBT people.

    Despite the Future Conference's anti-gay rhetoric, a recurring theme was the need to mimic the very tactics used by the LGBT community to win acceptance from American public. Conservative activist Lance Wallnau lauded the LGBT movement for its unified and media-savvy public relations efforts, encouraging his audience to look at the success of the fight for same-sex marriage as a blueprint for how conservatives might take back the culture war.

    The End Of "Comfortable Christianity"

    Near the end of the conference, NOM's Brown warned conference-goers that "the days of comfortable Christianity are over":

    BROWN: Things have been good a long time for us. We don't experience the sort of persecution that we're witnessing in the Middle East. We don't fear for our lives in coming together and worshipping. We've felt for a long time that we're a part of dominant culture. And over the course of the last decade or so, maybe a little longer, we've realized that's not the case. Things are starting to change, and that, to put it bluntly, the days of comfortable Christianity are over.

    A Supreme Court decision in favor of marriage equality, Brown argued, would put conservative activists in the same position that anti-abortion activists were in after Roe v. Wade.

    That sentiment, echoed by many of the conference's speakers, represents a seismic shift in the way that anti-LGBT groups and activists have oriented their work. Their political agenda, which once prioritized a constitutional amendment banning same-sex marriage, has become largely defensive, focused on staving off the rising tide of LGBT equality.

    That agenda is no less dangerous -- threatening even the most basic non-discrimination protections for LGBT people. But it also represents the new reality facing the anti-LGBT right after Obergefell. Having lost the national debate over same-sex marriage, anti-LGBT conservatives are adapting to a political environment that increasingly pits their animus against the force of the state and public opinion. How the religious right chooses to deal with that new reality -- whether with disobedience, resignation, or legal maneuvering -- will set the stage for the next phase of the fight over LGBT equality. 

  • Meet The Notorious Anti-Gay Leaders Behind Iowa's Influential Conservative Conference

    ››› ››› SALVATORE COLLELUORI

    Journalists planning to cover the upcoming Family Leadership Summit in Ames, Iowa should be aware of the extreme anti-gay rhetoric regularly voiced by several of the event's sponsors and speakers, including host Bob Vander Plaats, president and CEO of The Family Leader and one of the most influential conservative activists in Iowa. Attendees will also hear from Tony Perkins, the head of the anti-gay hate group Family Research Council and Brian Brown, the head of the anti-gay National Organization for Marriage, among others.

  • How Fox News Fought, Lost, And Rebooted The Fight Against Marriage Equality

    Blog ››› ››› CARLOS MAZA

    On November 18, 2003, Bill O'Reilly dedicated the "Talking Points Memo" portion of his Fox News show to criticizing the Massachusetts Supreme Judicial Court, which had just made a historic ruling determining that the state could not deny marriage licenses to same-sex couples. In his monologue, O'Reilly claimed that while he personally "couldn't care less about gay marriage," if judges continued to "impose their views on everybody else ... the core values of this country will be changed dramatically":

    O'REILLY: Personally I couldn't care less about gay marriage. If Tommy and Vinny or Joanie and Samantha want to get married, I don't see it as a threat to me or anybody else. But according to a poll by the Pew Research Center, only 32 percent of Americans favor gay marriage. And the will of the people must be taken into account here.

    We simply can't allow this country to be run by ideological judges. Marriage is not a right, neither is driving a car. Both are privileges granted by the state.

    [...]

    If the good people of Massachusetts want a secular approach to marriage, let them vote on it. But judges have no right to find loopholes in the law and impose their views on everybody else. That's happening all over America. And if it continues, the core values of this country will be changed dramatically. Another secular victory today, this Massachusetts marriage deal.

    It took 12 years, but the U.S. Supreme Court has now ruled, in Obergefell v. Hodges, that state bans on same-sex marriage violate the Fourteenth Amendment to the U.S. Constitution.

    The decision is the culmination of a culture war saga that saw marriage equality evolve from a controversial thought experiment into a popularly-supported civil rights struggle.

    That evolution was reflected in nearly all facets of American media. As public opinion on same-sex relationships and homosexuality shifted, so too did media depictions of the LGBT community, both mirroring and reinforcing the normalization of same-sex relationships in the public's imagination. In popular culture and mainstream news reporting, the fight for same-sex marriage has increasingly been presented as the story of a marginalized group fighting for civil rights and equal treatment, much to the dismay of anti-LGBT conservatives.

    But while most major media outlets kept pace with the public's evolution on same-sex marriage, Fox News held out, popularizing conservatives' most dire warnings about marriage equality. As public support for marriage equality grew, the network shifted its focus - largely bowing out of debates over same-sex marriage in order to gin up right-wing fears about the threat that LGBT equality might soon pose to religious liberty and individual freedoms.

  • Right-Wing Talking Points On Marriage Make Their Way To The "Fox News Justice"

    Blog ››› ››› MEAGAN HATCHER-MAYS

    Conservative Supreme Court Justice Antonin Scalia is again raising conservative media talking points in court, advancing the debunked idea that the definition of marriage has remained unchanged for a "millennia."

    On April 28, the Supreme Court heard oral arguments in Obergefell v. Hodges, a case that will determine whether state bans on same-sex marriage are unconstitutional. During arguments, the conservative justices, including Scalia, expressed concern about "redefining" the institution of marriage to include gay couples. In one exchange with Mary Bonauto, the lawyer representing the same-sex plaintiffs, Scalia wondered if it was appropriate for the court to "decide it for this society" since marriage has applied only to heterosexual couples "for millennia."

    The idea that the definition of marriage has had a fixed tradition or definition "for millennia" is untrue, although right-wing media have pushed that notion in varying forms for years -- and Scalia's propensity for embracing right-wing talking points is well-known. In 2012, he repeated the idea that if the Affordable Care Act was upheld, the federal government might be allowed to force Americans to buy broccoli -- an argument borrowed from Rush Limbaugh's talk show. Earlier this year, Scalia claimed that if the court struck down the availability of health care subsidies, Congress would move quickly to fix the problem -- apparently convinced by right-wing media's false claims that Senate Republicans had a viable back-up plan if the court hobbled the Affordable Care Act. When the Supreme Court struck down Arizona's notorious anti-immigrant racial profiling law in 2012, Scalia dispensed with legal arguments to instead attack the unrelated deferred action program for DREAMers and scaremonger that the "state's citizens feel themselves under siege by large numbers of illegal immigrants." Professor Jeffrey Rosen of George Washington University said Scalia's commentary in that case "sound[ed] more like a conservative blogger or Fox News pundit than a justice."

  • NRO: Supreme Court Should Reject Marriage Equality Because The "Older View Of Marriage" Is "Superior"

    Blog ››› ››› MEAGAN HATCHER-MAYS

    National Review Online is calling on the Supreme Court to uphold states' rights to ban same-sex marriage because, in its view, recognizing marriage equality would redefine the institution to favor lesser "emotional unions" and adopted children over married procreation.

    On April 28, the Supreme Court heard oral arguments in Obergefell v. Hodges, a case that could finally allow same-sex couples to marry in every state or, at minimum, require states that ban same-sex marriage to recognize the legality of same-sex marriages performed legally elsewhere. During arguments, Mary Bonauto, the lawyer representing the same-sex couples challenging state marriage bans, asserted that such bans "contravene the basic constitutional commitment to equal dignity" and that "the abiding purpose of the 14th Amendment is to preclude relegating classes of persons to second-tier status."

    Several justices were receptive to Bonauto's argument, including conservative Justice Anthony Kennedy, who is widely expected to cast the deciding vote in the case.

    But NRO is less convinced. In an April 28 editorial, the editors called on the justices to "refrain from taking [the] reckless step" of recognizing that the fundamental right to marry should be extended to gay couples. The editorial also rejected the idea that gay couples who can't get married are routinely denied the same dignity that "traditional" married couples enjoy, and argued that the "older view" of marriage -- which prioritizes "the type of sexual behavior that often gives rise to children" -- is "rationally superior to the newer one":

    An older view of marriage has steadily been losing ground to a newer one, and that process began long before the debate over same-sex couples. On the older understanding, society and, to a lesser extent, the government needed to shape sexual behavior -- specifically, the type of sexual behavior that often gives rise to children -- to promote the well-being of those children. On the newer understanding, marriage is primarily an emotional union of adults with an incidental connection to procreation and children.

    We think the older view is not only unbigoted, but rationally superior to the newer one. Supporters of the older view have often said that it offers a sure ground for resisting polygamy while the newer one does not. But perhaps the more telling point is that the newer view does not offer any strong rationale for having a social institution of marriage in the first place, let alone a government-backed one.

  • Fox News Suggests Clergy Will Be Forced To Marry Gay Couples If Supreme Court Rules For Marriage Equality

    Blog ››› ››› MEAGAN HATCHER-MAYS & SOPHIA TESFAYE

    Fox News' Special Report cherry-picked Justice Antonin Scalia's religious freedom concerns from the Supreme Court's oral arguments on constitutional protections for same-sex marriage to question whether clergy may "be required to conduct same-sex marriages." But this selective reporting ignores the fact that Scalia's line of questioning was immediately debunked by his fellow justices as well as the pro-marriage equality lawyer.

    On April 28, the court heard landmark arguments in Obergefell v. Hodges, a case that will decide whether the U.S. Constitution forbids states from banning same-sex marriages, or at least requires them to recognize same-sex marriages performed in states where it's legal.

    During the April 28 edition of Fox News' Special Report, anchor Bret Baier highlighted a dubious line of questioning between Scalia and Mary Bonauto, the lawyer representing the same-sex couples, that suggested a ruling in favor of same-sex marriage would require clergy with religious objections to perform those ceremonies. Baier reiterated Scalia's question to The Weekly Standard's Stephen Hayes, who agreed and argued that a ruling in favor of marriage equality would leave religious liberties vulnerable:

    BAIER: There's one more thing. If states license ministers to conduct marriages, would those ministers -- if it is constitutional -- then be required to conduct same-sex marriages?

    HAYES: Right, and then you go to the religious liberty argument. I mean, this is one area where I think conservatives are shifting their focus now, in a sense almost conceding that the gay marriage debate for all intents and purposes in the political realm is over, but can they sort of protect those religious liberties that, you know, certainly I would argue that the founders intended.

  • O'Reilly Falls For Absurd Campaign Demanding Justices Ginsburg And Kagan's Recusal From Marriage Equality Case

    Blog ››› ››› SOPHIA TESFAYE

    In the lead up to next week's landmark Supreme Court hearings on the constitutionality of marriage equality, Fox News' Bill O'Reilly is amplifying a fringe -- and absurd -- right-wing campaign calling on Justices Ruth Bader Ginsburg and Elana Kagan to recuse themselves because they have officiated same-sex marriages. But these actions, along with Ginsburg's comments noting the American public is rapidly turning against anti-LGBT discrimination, are not grounds for legitimate recusal.

    In January, the American Family Association (AFA) -- a notorious anti-gay hate group -- announced a campaign titled, "Kagan and Ginsburg: Recuse Yourselves!" In a statement, the AFA, best known for its infamous anti-gay spokesman Bryan Fischer, called on the justices to recuse themselves ahead of next week's oral arguments before the Supreme Court on same-sex marriage. The group argued that Kagan and Ginsburg "should recuse themselves from making any same-sex marriage decisions because they have both conducted same-sex marriage ceremonies."

    On April 20, Fox legal correspondent Shannon Bream twice reported on "public calls, petition drives, and appeals directly to Justices Ginsburg and Kagan to recuse themselves from hearing next week's case on same-sex marriage." During Fox News' Special Report, Bream pointed to the justices' past history officiating same-sex weddings and a February 2015 interview during which Ginsburg said that it "would not take a large adjustment" for Americans to get used to nationwide marriage equality. On April 21, Fox News' Bill O'Reilly picked up the argument in his "Is It Legal" segment on The O'Reilly Factor, declaring "these ladies have to recuse themselves," because "[t]he Supreme Court is supposed to be an incorruptible institution, but reports say Judge Ruth Bader Ginsburg has herself performed three gay marriages, and Justice Elena Kagan, one":

  • The "Religious Freedom" Case That Wasn't -- Right-Wing Media's Slippery Slope Argument Debunked

    Blog ››› ››› MEAGAN HATCHER-MAYS

    Right-wing media have falsely suggested that the civil rights protections in Indiana's "religious freedom" bill force business owners to endorse messages that they share serious ideological disagreements with. But a recently-decided discrimination case in Colorado debunked this argument, differentiating between discrimination on the basis of ideology and discrimination on the basis of membership in a protected class.

    On April 2, Indiana Gov. Mike Pence (R) signed an anti-discrimination amendment to his state's controversial Religious Freedom Restoration Act (RFRA) after facing widespread criticism due to the law's potential to authorize anti-LGBT discrimination. To address that danger, the amended law explicitly prohibits individuals and business owners from invoking RFRA to deny services on the basis of sexual orientation or gender identity.

    Right-wing media were quick to criticize Pence, arguing that the amendment "gutted" the state's RFRA and claiming that the revision would "force" the devout to violate their religious beliefs by holding them accountable to generally applicable civil rights protections. A number of conservative media outlets like The Wall Street Journal took this argument further, falsely claiming that forcing religious business owners to abide by anti-discrimination laws would also "compel" them to serve customers with "politically unacceptable thoughts":

    For that matter, should a Native American printer be legally compelled to make posters with an Indian mascot that he finds offensive, or an environmentalist contractor to work a shift at a coal-fired power plant? Fining or otherwise coercing any small number of private citizens -- who aren't doing anyone real harm but entertain politically unacceptable thoughts -- is thuggish stuff.

    But a recent "religious discrimination" case from Colorado illustrates how this hypothetical betrays a fundamental inability to understand that the RFRA debate was over discrimination against gay people, not gay "thoughts."

  • Right-Wing Media Downplay Legal Dangers of Indiana's Anti-Gay Religious Freedom Law

    Blog ››› ››› MEAGAN HATCHER-MAYS

    Right-wing media are continuing to defend Indiana's newly-enacted Religious Freedom Restoration Act (RFRA) and dismissing concerns that the law could provide cover for religious individuals or business owners intent on discriminating against LGBT customers. In fact, RFRA has been used as a defense against discrimination claims in the past, New Mexico's version was used against a gay couple just recently, and supporters of these expanded forms of RFRA have explicitly pointed to anti-gay sentiment as their intent.

    Since the passage of Indiana's RFRA, right-wing media have erroneously claimed that criticism of the law is overblown, because it does nothing more than mirror the federal version of RFRA and RFRAs in other states. But Indiana's law is more expansive than other versions because it provides a legal defense to both private individuals and for-profit businesses in lawsuits even where the government is not a party, and unlike several other states who have passed RFRAs, Indiana lacks a statewide law that protects LGBT residents from discrimination.

    Conservative media figures like National Review's Rich Lowry have also argued that Indiana's RFRA will not be used as a license to discriminate against LGBT customers because if RFRA laws "were the enablers of discrimination they are portrayed as, much of the country would already have sunk into a dystopian pit of hatred." Right-wing radio host Hugh Hewitt also downplayed the potential legal ramifications of Indiana's law, claiming on his show that the federal version of RFRA has "been the law in the District of Columbia for 22 years [and] I do not know of a single incident" of the law being used to discriminate against gay people. He did not address the fact that it is the newer state versions that have sparked the current outrage.

    On the March 31 edition of Fox News' Fox & Friends, co-host Steve Doocy made a similar argument in an attempt to pretend fears of the law's discriminatory effects were baseless, claiming that Indiana's RFRA is not "anti-gay" because it has "never not once" been used as a legal defense by religious business owners accused of anti-LGBT discrimination:

  • Legal Advocates See Media Opposition To Marriage Equality Diminishing

    Attorneys Boies And Olson: Conservative Media Know The "Wave Of The Future Is Against Them"

    Blog ››› ››› JOE STRUPP

    Marriage equality advocate attorneys David Boies and Ted Olson see the media opposition to their cause softening, and believe that while conservative media "are not prepared to embrace marriage equality," they are shying away from the issue because "they think that the wave of the future is against them."

    Boies and Olson garnered attention when they joined forces in 2010 to battle California's anti-marriage equality ballot measure, Proposition 8, which was ultimately overturned by the U.S. Supreme Court last summer.

    The duo, who had previously worked in opposition during the 2000 Bush vs. Gore case, kicked off a book tour this week to promote Redeeming the Dream, their account of the legal battle for marriage equality and the landmark ruling that struck down Proposition 8.

    Prior to an event in Maplewood, N.J. Wednesday night, the lawyers-turned-authors spoke with Media Matters and said they see the media coverage of marriage equality becoming increasingly supportive, marking a notable change from even the recent past.

    "The media in my view covered this issue very poorly for many years," Boies said. "The whole area of gay and lesbian rights was something that the media didn't know how to deal with, were a little uncomfortable dealing with it, didn't want in their view, to get too far out ahead of some of their readers. Because it was a sensitive issue [they] didn't cover it nearly as much as they should have."

    Now, according to Boies, media figures "are beginning to feel uncomfortable opposing it ... I think there have been a number of people who you might think of as conservative commentators who have either been modestly favorable to us or silent on the issue and waiting to see."

    Olson added, "We had one or two favorable Op-Ed pieces by members of the editorial board of The Wall Street Journal. National Review has been pretty consistently on the other side of this. Ed Whelan, who writes in the National Review is very, very strong on the other side of the issue. But a lot of the conservative press is staying away from the issue because I think they think that the wave of the future is against them. So that tells you something right there."

    "I think the shift's continuing," Boies noted. "I think some of the more conservative media are sort of standing back. They are not prepared to embrace marriage equality, but I do think they see that that is the wave of the future. Remember, as much as between 75 to 80 percent of people under 30 ... liberals, conservatives ... 75 to 80 percent of those people favor marriage equality. You don't want to get crossways with that kind of demographic wave."

    Media Matters has documented Fox News' lack of coverage of marriage equality court decisions since the 2013 Supreme Court rulings, with many major cases receiving less than a minute of coverage on the network.

    Both Boies and Olson felt they had personally been well-received by both conservative and mainstream media outlets, and that their issue had received fair coverage.

    "Lots of different media reacted in different ways, but we were received very warmly, or I was, on Chris Wallace's show, on Fox," Olson recalled. "Of course, places like MSNBC have given us more access than some of the other outlets, but the novelty of the two of us coming together have caused curiosity. I'd say we were fairly favorably well-received in most places."

  • Fox's Ablow: "Marriage Is Over" Because Of Gay People, Polygamists

    Blog ››› ››› CARLOS MAZA

    Fox News' resident anti-LGBT pop psychologist Keith Ablow boldly declared that "marriage died in 2013," badly misreading a recent court decision in Utah to blame same-sex marriage supporters for turning marriage into "the Wild West."

    In a December 31 column for FoxNews.com, Ablow congratulated himself for predicting that the legalization of same-sex marriage would result in the legalization of polygamous marriages, citing a recent decision by U.S. District Court Judge Clark Waddoups striking down part of Utah's anti-polygamy statute. Marriage, Ablow argued, has become "the Wild West," with incestuous marriages being the next frontier in the fight for marriage equality:

    More than a year ago, when states began to legalize gay marriage, I argued that polygamy would be the natural result.  If love between humans of legal age is the only condition required to have the state issue a marriage license, then it is irrational to assert that two men or two women can have such feelings for one another, while three women and a man, or two men and a woman, cannot.   

     [...] 

    Well, now U.S. District Court Judge Clark Waddoups has found parts of Utah's anti-bigamy law unconstitutional.  His ruling comes in a case brought by Kody Brown and his four wives, who are featured in the reality TV show, "Sister Wives."   

    I believe the U.S. Supreme Court will uphold that finding, if Utah challenges it.

    As I predicted, this will officially make marriage the Wild West, in which groups of people can assert that they are married and should have all the benefits of that status, including family health plans and the right to file taxes as married people.   

    It will also, eventually, lead to test cases in which a few unusual sisters and brothers insist that they can marry, because they are in love and promise not to procreate, but, instead, to use donor eggs or sperm. 

    [...] 

    Marriage is over.   

    It was always at least a little funny that a huge percentage of people swore to stay together until death, then divorced and remarried.  

    But, now, it is, officially, judicially, a joke.  

    If two men can marry, and three men can marry, and five women and a man can marry, and three men and two women can marry, then marriage has no meaning.