National Organization for Marriage

National Organization for Marriage
National Organization for Marriage
Motto Protecting Marriage and
the Faith Communities
that Sustain It
Formation 2007
Type NPO
Headquarters Princeton, New Jersey, United States
President Brian S. Brown
Website nationformarriage.org

The National Organization for Marriage (NOM) is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States,[1] specifically to pass California Proposition 8 banning same-sex marriage in California.[2] The group has opposed civil union legislation[3][4] and has fought to have adoption agencies retain the ability to refuse to place children with same-sex couples.[5] NOM's current president is Brian S. Brown.

Contents

Leadership

NOM's original president Maggie Gallagher speaking at the Cato Institute in 2010

NOM's founding board of directors consisted of:[6]

  • Maggie Gallagher, President
  • Brian S. Brown, Executive Director (former Executive Director of Family Institute of Connecticut)[7]
  • Robert P. George, Chairman of the Board
  • Neil Corkery, Treasurer
  • Chuck Stetson (Chairman of the Board, Bible Literacy Project)[8]
  • Ken Von Kohorn (Chairman of the Board, Family Institute of Connecticut)[9]
  • Luis Tellez (President, Witherspoon Institute Board of Trustees)[10]
  • Matthew S. Holland (President, Utah Valley University),[11]

In April 2009, Holland was replaced on the board by Orson Scott Card (science fiction novelist and faculty member, Southern Virginia University.)[12] In September 2011, law professor John Eastman replaced Gallagher as the Chairman of the Board.[13]

Brian S. Brown is the current president.[7] Law professor Robert P. George is chairman emeritus.[7] Gallagher is still a board member and works on specific projects for the group.[13]

Nonprofit status and funding

The group operates two nonprofit arms: a 501(c)(4) political advocacy group called National Organization for Marriage Inc. established in January 2008, and a 501(c)(3) called NOM Education Fund established in July 2008.[14] The latter arm is not entitled to influence legislation or political campaigns.[15] The Firefighters' Defense Fund, which existed to fund a successful sexual harassment lawsuit by firemen who claim they were forced to participate in a gay pride parade, was a NOM Education Fund project.[16]

The group also operates a number of state-based political action committees such as National Organization for Marriage PAC New York founded in June 2009, and National Organization for Marriage California PAC founded in February 2009.[14][15] The state PACs receive funding from the main 501(c)(4) NOM arm.

NOM has said that it has a wide base of grassroots support, but the majority of its funding is from a very few large anonymous donors.[17] In NOM's IRS filing for 2009, three donations of $2.4 million, $1.2 million and $1.1 million made up 68% of NOM's contributions and grants income of a little over $7.1 million, and just five donations made up 75%.[17] In 2010, Jesse Zwick, then a reporter for the Washington Independent, said he uncovered a 2009 donation to NOM—$1.43 million from the Knights of Columbus[18]—that reporter Luke Johnson later said was apparently not reported to the IRS by NOM.[17]

Gay rights activist Fred Karger gave his opinion that NOM is connected to the Latter Day Saint movement, with large private donations coming from Mormon sources.[2] Gallagher responded by denying any connection to the LDS movement "except that a Mormon serves on NOM's board."[14] Former board member Matthew S. Holland is a Mormon as is his replacement Orson Scott Card, and Catholic board member Robert P. George has served since August 2010 as an editorial advisor to the Deseret News, a Mormon newspaper.[19] Reporter Zwick demonstrated that at least one major donation in 2009 came from a Catholic group, the Knights of Columbus.[18]

The organization's financial disclosures for the 2009 tax year reported revenues of about $7.4 million including investment income, and expenditures of about $7.5 million.[20]

Activity

NOM has been involved in ballot measures, legislative elections, judicial elections, and issue advertising in various states. NOM was involved in the briefly successful Proposition 8 campaign in California in 2008, as well as a similar successful campaign in Maine one year later. NOM was also involved in unsuccessful efforts to pass an amendment eliminating same-sex marriage in Massachusetts in 2007. NOM participated in efforts to block same-sex marriage in New Jersey,[21] and has unsuccessfully attempted to block same-sex marriage legalization in New York,[22] Vermont, New Hampshire, Connecticut, and the District of Columbia. On June 16, 2009, NOM announced the formation of NOM PAC New York, a political action committee with a goal of providing $500,000 to fund primary challenges against any Republican New York state senator who votes for gay marriage. NOM stated that they were "also looking to aid Democratic candidates who want to buck the establishment on the marriage issue, and to help in general election contests."[23] In 2010, NOM was involved in successful efforts to oust three Iowa Supreme Court judges who had concurred in a decision that effectively legalized same-sex marriage there.[24]

In 2009, Peter Montgomery of the progressive organization People for the American Way stated: "You have to take [NOM] seriously [...] They've raised a tremendous amount of money that they're funneling into various states."[25]

2007 Massachusetts constitutional amendment

One of the group's first public acts was to campaign in support of a proposed 2007 Massachusetts constitutional amendment banning same-sex marriage[26] by restricting marriage to "the union of one man and one woman", in response to the Massachusetts court decision that legalized same-sex marriage in that state. The NOM-supported amendment failed to pass. The campaign included a billboard comparing representative Angelo Puppolo to Judas Iscariot and Benedict Arnold after he changed his position to oppose the amendment.[27]

California Proposition 8

NOM was first formed to support the passage of California Proposition 8 in 2008, which amended the state Constitution to discontinue same-sex marriage ceremonies. The amendment defined marriage as the union between one man and one woman.[2][28] NOM contributed $1.8 million to the Proposition 8 effort,[29] and has been described as being "instrumental" in the success of the initiative.[25] Proposition 8 was passed by voters 52% to 48%, and involved an estimated $83M[30] by both sides of the issue. The amendment was in force until United States district court Judge Vaughn R. Walker overturned it in August 2010, in the case Perry v. Schwarzenegger, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution.[31]

Stand for Marriage Maine

In 2009, NOM was the primary contributor to Stand For Marriage Maine, the organization that led[32] the successful[33] campaign for Proposition 1 in Maine, a voter referendum which repealed the law passed by the legislature to allow same-sex marriages in the state. Voters passed the referendum 53%-47% out of 567,057 votes cast.[34] Out of the initial $343,000 in contributions, NOM provided some $160,000.[35]

NOM contributed over $1.6 million to Stand For Marriage Maine; by reports as of October 2009, NOM had contributed 63% of that group's funding.[36][37]

NOM has not released the names of its donors funding Stand For Marriage Maine (see below at Alleged disclosure violations).

Advertising campaigns

On April 8, 2009, NOM began a "2 Million for Marriage" (2M4M) initiative with the intention of organizing two million activists nationwide.[38] When NOM used the abbreviation "2M4M" for their "2 Million for Marriage" campaign, the media noted that in personal ads, "2M4M" is code for two men seeking a third male sexual partner. NOM did not secure the domain name and other net resources that use the "2M4M" term. Christopher Ambler, a consultant in rapid web development who characterizes himself as a "happily married straight guy", purchased the domain "2M4M.org"[39][dead link] and branded it as "Two Men For Marriage," running material counter to NOM's 2M4M aims.[40][41][42][dead link]

Gathering Storm

The 2M4M campaign used an advertisement, "Gathering Storm", in which actors, primarily Mormons from Arizona,[14] standing against a dramatic storm-cloud background, voiced opposition to same-sex marriage.[43][44]

The Human Rights Campaign, a lesbian, gay, bisexual, and transgender (LGBT) lobbying group and political action committee, described the ad saying that, in it, "actors make disproven claims about marriage for lesbian and gay couples."[45][46]

New York Times columnist Frank Rich described the "Gathering Storm" advertisement as "an Internet camp classic",[43] and it was parodied by Stephen Colbert, the website Funny or Die,[47] and in the Futurama episode "Proposition Infinity".

Other advertisements

On April 30, 2009, NOM and Carrie Prejean launched another ad campaign against gay marriage, called "No Offense". In the ad, they object to being characterized as "outright bigots" because of their stance.[48] After semi-nude photos of Prejean were posted on the Internet, causing some to accuse NOM of hypocrisy,[49] NOM issued a press release stating that Prejean had appeared with NOM as a private citizen and not as a spokesperson.[50] In the wake of the revelation that Prejean had made masturbation videos, NOM removed reference to the video from the front page of their website.[51]

On May 28, 2009, NOM rolled out an advertising campaign in New York, including a video spot. The Christian Science Monitor described the spot as listing a "litany of grievances" as an "ominous score" plays, with a potentially embarrassing error for a campaign based on education: misspelling marriage as marraige.[52]

New York Congressional phone campaign

NOM spent over $112,000 on a get-out-the-vote phone campaign[53] for Conservative Party of New York candidate Douglas Hoffman in the contentious 2009 House of Representatives campaign for New York's 23rd District. After pro-same-sex-marriage Republican candidate Dede Scozzafava withdrew from the race,[54][55] Hoffman lost to Democrat Bill Owens,[56] who also opposed gay marriage, by a 2.3% margin.[57][58] State senators said that this congressional race had an impact on the New York State Senate's December 2, 2009 vote against same-sex marriage legislation;[59][60] all 30 Republican state senators voted "no".[61] Following her unsuccessful campaign, Scozzafava acknowledged that her name had begun being used as a verb: "scozzafavaed".[62][63] When the gay Republican organization GOProud had a booth at the 2010 Conservative Political Action Conference, Brown commented, "[W]e have a message for GOProud on marriage: If you try to elect pro-gay-marriage Republicans, we will Dede Scozzafava them."[64] In addition, Maggie Gallagher has used the phrase "the Dede effect" to describe Republican lawmakers' fear of alienating their constituents by voting for same-sex marriage legislation.[65][66]

Summer for Marriage Tour

Brian S. Brown at the Summer For Marriage Tour

In 2010, NOM staged a 23-city tour holding rallies against same-sex marriage.[67] The rallies attracted supporters and pro-gay marriage protesters.[68] At many stops along the tour, NOM supporters were outnumbered by counter-protesters supporting same-sex marriage; in Atlanta, LGBT rights supporters outnumbered opponents of same-sex marriage by a ratio of ten to one.[68] The tour ended with a rally at the United States Capitol Building in Washington, D.C., while pro-gay marriage activists held a simultaneous event at the Freedom Plaza.[69]

After Peter Yarrow and Paul Stookey, the surviving members of Peter, Paul and Mary, discovered that NOM had been using their recording of "This Land is Your Land" rallies in this tour, they sent a letter to Brown requesting that NOM cease using their recording, stating that NOM's philosophy was "directly contrary to the advocacy position" held by the group.[70] Similarly, after John Mellencamp was informed that NOM had used his song "Pink Houses" at one of their events, his publicist wrote a letter (at his instruction) stating Mellencamp's support for same-sex marriage and asking that NOM stop using his music.[71]

Campaign finance lawsuit

NOM filed a lawsuit in US district court, on free speech grounds, seeking the right to run ads in the Rhode Island governor's race without complying with that state's campaign finance laws, including both campaign financing contribution limits and reporting requirements. In October 2010 the suit was dismissed; the court called the filing "disorganized, vague and poorly constructed" and gave the group one week to refile the lawsuit.[72][73] NOM appealed to federal court, who ruled against them.[74]

Civil union opposition

NOM has opposed civil union recognition, calling it "a direct threat to marriage and the religious liberties" and stating that "civil union statutes across the country have been used to sue business owners and professionals who run their practices by their deeply held religious beliefs."[75] It has campaigned against the passage of Illinois's Religious Freedom Protection and Civil Union Act, SB 1716.[76]

Iowa judge retention vote campaign

On November 2, 2010, NOM ran a bus tour through Iowa campaigning for removal of three Iowa Supreme Court justices then up for a retention vote, following the court's unanimous decision in Varnum v. Brien; the retention vote was "the most controversial...and one of the closest" races on the ballot.[77] All three justices lost the retention vote, the first time any judge had lost that vote since Iowa initiated the retention system in 1962.[78]

New York same-sex marriage opposition

NOM actively opposed legalization of same-sex marriage in New York in 2011. The group sponsored a rally in the Bronx in May 2011 with state Senator Ruben Diaz, Sr., a Democrat. After same-sex marriage was legalized in the state by the legislature in June 2011, NOM pledged to spend $2 million to defeat the four Republicans who voted for the bill to legalize it,[79] and has erected signs in the districts of those senators, warning "You're Next". Wealthy same-sex marriage supporters vowed to finance the targeted senators.[80]

NOM supported four "Let the People Vote" rallies later in July of the same year, with the stated purpose of having the voters decide the issue versus the bill passed by the state's legislature.

2012 presidential pledge

On August 3, 2011, NOM unveiled a pledge for 2012 Republican presidential candidates. Signers pledge that they will support a federal marriage amendment, appoint federal judges who are originalists and thus "reject the idea our Founding Fathers inserted a right to gay marriage in our Constitution",[81] defend the Defense of Marriage Act in court, "establish a presidential commission on religious liberty to investigate and document reports of Americans who have been harassed or threatened for exercising key civil rights to organize, to speak, to donate or to vote for marriage",[81] and "advance legalization to return to the people of the District of Columbia their right to vote on marriage."[81][82][83][84] This pledge has been signed by candidates Tim Pawlenty[85] (who initially declined),[86] Rick Perry (reversing an earlier stance),[87] Mitt Romney, Rick Santorum, and Michele Bachmann.[82]

Disclosure violation allegations

In 2009, Californians Against Hate (CAH) filed a formal complaint with the IRS against NOM, saying that NOM had refused to make its IRS 990 forms public, as required by law. CAH representatives went to "the Princeton, New Jersey, offices of the National Organization for Marriage twice to get copies of their IRS 990 reports, to no avail," said CAH's president, Fred Karger. "Then our representative, Ben Katzenberg, sent two certified letters to the NOM office on March 18, 2009, requesting its two 990 forms. Federal law requires NOM to furnish copies of these IRS filings within 30 days after the request has been received. And 40 days later, still no 990s."[88] NOM has since posted 990 forms for 2007 and 2008 on their website.[89]

In March 2009, Karger filed a complaint with the California Fair Political Practices Commission alleging that the National Organization for Marriage was established by the Church of Jesus Christ of Latter-day Saints in order to direct church funds toward the passage of Proposition 8.[90] A church spokesman and NOM's then-president Maggie Gallagher both denied the allegations.[91]

Accusations by Karger also lead the Maine Commission on Governmental Ethics and Election Practices to schedule consideration of an investigation.[92] Maine laws require that organizations which solicit more than $5,000 for a ballot question campaign file disclosure reports.[93] NOM has contributed $1.6 million to Stand For Marriage Maine, as of October 23, 2009, without filing any disclosure reports.[37] The commission approved an investigation on a 3-2 vote, overriding the recommendation of their staff.[94] NOM responded by filing suit, claiming that the state's election laws violate the Constitution.[37] NOM used the likelihood of their suit's success as an argument to obtain a federal restraining order which would keep them from having to provide donor names before the date of the election; the request was turned down by federal Judge David Brock Hornby.[32] In January 2010, representatives of the group were subpoenaed to appear before the commission. In February, the group requested that those subpoenas be dropped, but the commission voted unanimously to deny that request.[95] On May 23, 2010, Judge John H. Rich III of the U.S. District Court of Maine ordered NOM to submit bank statements and similar documentation, covering the dates from January 1, 2009 forward. The documents were to be submitted to Maine's Commission on Government Ethics and Election Practices within seven days of his ruling.[96][97] On June 24, 2010, the commission rejected NOM's claim that the commission lacked appropriate authority and should thus cease the investigation.[98] In February 2011, Hornby issued a summary judgment ruling Maine's disclosure law valid, which NOM appealed and lost in August 2011.[99] In September 2011, the federal court denied NOM's request to have the case reheard.[100]

In Iowa, the organization faces accusations from the Interfaith Alliance of Iowa Action Fund and One Iowa that it has failed to properly disclose its contributors.[35] NOM's efforts in that state included spending $86,060 on the failed state House of Representatives campaign of Stephen Burgmeier.[101]

NOM executive director Brown has stated that the group does not release donor names to prevent donor intimidation by proponents of same-sex marriage.[102] The group used that argument in an unsuccessful lawsuit seeking to exempt them from California's disclosure laws.[103]

Criticism and opposition

"NOM Exposed"

In September 2010, the Human Rights Campaign (HRC) and the Courage Campaign launched "NOM Exposed", a website which says it documents "Truth, Lies, and Connections about the So-Called National Organization for Marriage."[104][105][106] The site contains profiles of NOM leaders and prominent supporters; details of NOM's links to Latter-Day Saints, the Catholic Church and conservative Christian organizations such as Opus Dei, the Knights of Columbus and Focus on the Family; information about NOM's budget; and an interactive map with information on NOM activities in specific states.[105][107] HRC spokesperson Michael Cole characterized NOM as "a secretive player in antigay politics, which is posing as an offshore company for antigay religious money"; NOM president Brown countered that NOM is "not out to hoodwink voters... [but is] talking openly about same-sex marriage" and predicted that the "NOM Exposed" website would backfire.[105] Brown also said that HRC's "heavy-handed attacks on NOM only prove that we are the key national organization fighting for marriage as one man and one woman."[108]

Southern Poverty Law Center

The Southern Poverty Law Center included NOM on its winter 2010 list of anti-gay groups. Specifically, the Center concluded that NOM has continued to propagate "demonizing propaganda aimed at homosexuals" that are "based on known falsehoods."[109] NOM president Brown took issue with the inclusion, stating that NOM "isn't about being anti-anyone".[110][111]

Resignation of Louis Marinelli

On April 8, 2011, Louis Marinelli, a 25-year-old NOM activist and online strategist who describes himself as "the one behind the 2010 Summer for Marriage Tour", had driven the bus during that tour, and had moderated many of NOM's web properties (including its Facebook page, its Twitter account, and the Tour blog), resigned from his affiliation with the organization, announced his support for same-sex marriage, and categorically apologized for and repudiated his past actions on behalf of the organization.[112][113][114] He also shut down the Facebook page he had built up for NOM, which had 290,000 followers.[115] The next day, NOM created a new official Facebook page (to replace Marinelli's), and released this statement: "Louis Marinelli worked in a volunteer capacity as a bus driver during our summer marriage tour. Around this time, NOM began to pay him as a part-time consultant for helping us expand our internet reach. He has since chosen a different focus. We wish him well."[115][116] NOM president Brown publicly downplayed Marinelli's role with the organization,[114] however, after Marinelli published several articles critical of NOM on his website, Brown contacted him and said that if the articles were not removed, NOM would pursue legal action against Marinelli for violation of a confidentiality agreement he had signed as a contractor with access to specialized information.[117]

Photo manipulation

The top half is a montage composed by New Hampshire for Marriage—a project of NOM—which used the copyrighted image below, taken by Jim Young at a rally for Barack Obama.

In October 2011, the blog Good As You showed that NOM used uncredited photographs of 2008 rallies for then-presidential candidate Barack Obama on its website to make it appear that the crowds supporting Obama were actually NOM supporters.[118][119]

The story was subsequently picked up by media including The Rachel Maddow Show and Instinct Magazine. Brown dismissed the photo controversy as a misdirection effort by "Rachel Maddow and her friends on the left". NOM removed the photos in the collage, referring to one of them as "a common use photo in the public domain".[120] The images included one Reuters photo and two that were copyrighted under a Creative Commons license requiring that the photographer be credited.[121]

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  82. ^ a b Romney, Bachmann, Santorum sign marriage pledge
  83. ^ NOM Pledge
  84. ^ Romney signs marriage pledge
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  99. ^ Court Sides with Maine in Election Law Dispute
  100. ^ Court nixes rehearing in Maine PAC reporting case
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  118. ^ Photo: A mutant strain of NOM misrepresentation
  119. ^ Photo: A mutant strain of NOM misrepresentation (part 2)
  120. ^ The Great NOM Photo "Controversy"
  121. ^ NOM Tries (and Fails) to Explain Why It Manipulated Photos

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