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Equal marriage opponents air first TV ad

by: Gerald Weinand

Tue Sep 15, 2009 at 07:57:50 AM EDT


Stand for Marriage Maine (S4MM) will begin to run its first TV ad today. As expected, it does not affirm traditional marriage, but uses fear in an attempt to convince voters that same-sex marriage will lead to - well, just watch for yourself:

Of course, groups like National Organization for Marriage (NOM), a front for the Mormon Church, were also sending out appeals to voters during the hearings for LD 1020, and NOM later donated $160,000 to S4MM to help gather signatures to put the so-called people's veto on the ballot.

Also, same-sex marriage in Maine will not cause churches to lose their tax exemption. What Prof. Fitzgibbons cites in the ad is a challenge to the Portland Diocese exemption based wholly on its $100,000 donation to S4MM for signature gathering.

And as Bill Nemitz made clear in his column from last Friday, schools and education are not mentioned in the new law:

For starters, Maine doesn't "mandate" a "comprehensive family life curriculum" for its schools.

Rather, Maine Revised Statutes Title 22 requires the commissioner of education to work with local family planning programs to develop "comprehensive family life education services" that any school district can choose (or choose not) to incorporate into its curriculum.

The statute also says that if any family-life education takes place in a school, "a parent may choose to not have (his or her) child participate" in the program.

As for "marriage" - heterosexual or homosexual - the word never appears in the statute. Not once.

Scary music. Law professor from away. There isn't much about "traditional marriage" or even Maine in this add. Compare to these two ads in support of equal marriage, the first from the NO on 1 campaign, and the second from the MCLU, EQME, and GLAD:

Update: Scott Fitzgibbon is a member of the Fellowship of Catholic Scholars, whose purpose statement includes:

We accept as the rule of our life and thought the entire faith of the Catholic Church. This we see not merely in solemn definitions but in the ordinary teaching of the Pope and those bishops in union with him, and also embodied in those modes of worship and ways of Christian life, of the present as of the past, which have been in harmony with the teaching of St. Peter.s successors in the See of Rome.

The questions raised by contemporary thought must be considered with courage and dealt with in honesty. We will seek to do this, faithful to the truth always guarded in the Church by the Holy Spirit and sensitive to the needs of the family of faith. We wish to accept a responsibility which a Catholic scholar may not evade: to assist everyone, so far as we are able, to personal assent to the mystery of Christ as made manifest through the lived faith of the Church, His Body, and through the active charity without which faith is dead.

Gerald Weinand :: Equal marriage opponents air first TV ad
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Thank You (0.00 / 0)
Thank you for writing this post Gerald.  My father in-law and I were discussing this very issue the other night.  Fear can be a powerful motivator.  It is important to separate fear based lies and half truths from the honest truth.  That is how we will protect equality for all Mainers  

Reader dditt raises an (0.00 / 0)
interesting point about tax exemptions: the Catholic Church took a second collection this past Sunday specifically for S4MM. Contributions to the Catholic Church that have been funneled to S4MM are tax deductible to those that contributed. Are the donations made during the second collection this past Sunday as well?

Video resonse (0.00 / 0)
Good as You has this great video response:



Just a question . . . (0.00 / 0)
Why are there no African Americans in any of these spots?

Might have something to do with (0.00 / 0)
the population of Maine being 99.5% white. Don't try to create an issue where there isn't one. At least the two ads in support of equal marriage have actual Mainers in them.

[ Parent ]
Don't get snippy (0.00 / 0)
Just wondering.

[ Parent ]
Prof. Fitzgibbon is the author (0.00 / 0)
of The Failure of the Freedom-Based and Utilitarian Jusifications for Assisted Suicide, published in American Journal of Jurisprudence (which, as far as I know, is not available online). In it, he argues that to assist someone to commit suicide, is to deprive that person of their freedom. He writes:

The two most common justifications for such initiatives are that assisted suicide enhances freedom or liberty, and that it maximizes utility. Would freedom be enhanced by the practice of physician assistance in suicide or by legal doctrines permitting it? Would utility be maximized?

Walk into the room containing the corpse of a recent suicide surrounded by his bewildered friends and relatives and you may not readily identify it as a scene of liberation and rejoicing. This article concludes that your intuition is correct: that assisted suicide does not enhance freedom or utility.

It is intellectually dishonest for Fitzgibbon conflates the irrational act of an emotionally unstable person to that of someone who finds themselves at the end-stage of a terminal illness, who makes a personal decision to end their own life, in many cases with the consent of their family members.


True... (0.00 / 0)

Apparently Fitzgibbon sees freedom as dependent upon the approval of others... kind'a explains the whole marriage is my way or no way belief.

As in the apparent Fitzgibbon syllogism:

1. Freedom of action is dependent upon the approval of others.
2. We don't approve of same sex marriages.
3. Therefore, there is no constraint on the freedom of individuals who are, by law, not allowed to marry.

I've often written about what I call the conservative paradox. They claim to believe in small government, as in less, or preferably no, government regulation in the lives and business of it's citizens.

That is... unless it involves many citizen's most cherished personal freedom - the simple right to decide their own morals and values.

Then... suddenly, conservatives are all for the government regulation of morality - as long it supports their worldview.

When asked what he thought of western civilization, Gandhi replied, "I think it would be a good idea."


[ Parent ]
BC Law School responds (0.00 / 0)
The dean of the Boston College Law School, John Garvey, issued the following statement today:

Dear Members of the Boston College Law School Community,

By now, many of you have become aware of an ad campaign in the state of Maine that features Professor Scott Fitzgibbon, a longstanding and respected professor at Boston College Law School, stating his opposition to gay marriage. As I think any of our faculty might have done, he stated his views without prior notice to or clearance from the Law School.

Please know that I recognize that this is an emotional and sensitive subject for many people. Several of you have contacted my office to express your anger at Scott's actions, and it is hard for me to see any of our students, faculty, or staff offended or hurt by the words of others. We work hard to create a welcoming environment for everyone at Boston College, and we do not discriminate on the basis of sexual orientation.

As dean of the Law School and a lawyer, I also believe that one of the most important aspects of an education at a school like ours is the principle of academic freedom. We must be able to listen to others' viewpoints, whether we agree or find them offensive, and engage in debate around issues as important as this one.

The General Counsel for Boston College recently issued a memorandum outlining what behavior is prohibited when faculty or staff engage in political campaigns:

• Using University stationery to distribute printed materials supporting a candidate
• Providing alumni or other mailing lists to candidates
• Endorsing or allowing another to endorse a candidate at an official University function
• Holding political rallies or candidate fund-raising events in University facilities
• Using University resources and support services in campaign activities.

Professor Fitzgibbon, as a member of our faculty, is free to express his views. His public statements represent his own opinions, as the advertisement makes clear, and do not state any official position of Boston College Law School. We also have faculty members who hold a contrary view, which they too are free to express publicly. Many have done so while referring to themselves as BC Law professors. One of them has publicly led the fight to oppose the Solomon Amendment on the grounds that it is an affront to gay and lesbian students and prospective members of the U.S. military. Others have taken controversial positions on such subjects as abortion, euthanasia, and the treatment of detainees.

I believe that free expression is central to our mission as a law school committed to public discourse and the free exchange of ideas and opinions. We have faculty and students from many different backgrounds, and with many different points of view. It is our expectation that they
will continue to engage in public discourse, and argue their positions with passion and civility, with the intellectual freedom that an academic institution affords to us all.

John Garvey
Boston College Law School
September 16, 2009



Ok, but.... (0.00 / 0)

BC has rules to cover it's ass, but what about truth?

A guy expresses his opinion, that's fine, but stating as fact things for which he can have no prior knowledge - for example his contention that the law will produce a "flood of law suits" - is irresponsible coming from law professor from a prestigious law school.

Especially where the "source" quoted is "Letter from legal scholars, May 1, 2009" There's no way to know specifically what letter is referred to, or if it was even published anywhere. As far as this letter being a credible source, the terms "legal scholars" and "lawn gnomes" are interchangeable. For all we know, he wrote it himself.

If I said it, it's an opinion. If Fitzgibbon says it after identifying himself as an expert, he's either irresponsible or a clairvoyant.

Then there's the use of false and/or misleading images How can a university dismiss that as opinion? Falsifying a headline is lying plain and simple.

When asked what he thought of western civilization, Gandhi replied, "I think it would be a good idea."


[ Parent ]
More on Fitzgibbon/S4MM ad sources cited... (0.00 / 0)

(PDF Warning)Elane Photography v. Willock

Facts of the case: Willock contacted Elane Photography to inquire about the having wedding photos taken for a same sex union. Elane Photography politely declined based on religious beliefs, and Willock brought suit alleging discrimination based on sexual orientation.

The Maine law LD 1020 has absolutely no bearing on this case. It simply redefines portions of Maine's codified marriage law.

I repeat. There is nothing in LD 1020 about discrimination. I can't stress this enough - the fact that the case involved a same sex union is totally irrelevant to the lawsuit. It could just as easily have been a same sex baby shower.

Discrimination, including discrimination based on sexual orientation, is covered under:

Broadly defined under: Sec. 6-A of the Maine Constitution.
Specifically defined under: Title 5 of the Revised Maine Statutes.

The guy has to know this. So is he is just a really bad lawyer? Or is he lying?  

What LD 1020 actually does:

It amends a line of § 650-A. Codification of marriage: Marriage is the legally recognized union of 2 people.

And a line of Sec. 4. 19-A MRSA §651, sub-§2 Application: The application may be issued to any 2 persons otherwise qualified under this chapter regardless of the sex of each person.

And adds this section expressly guaranteeing the rights retained by religious organizations:

Sec. 5. 19-A MRSA §655, sub-§3  is enacted to read:
3. Affirmation of religious freedom. This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.



When asked what he thought of western civilization, Gandhi replied, "I think it would be a good idea."


[ Parent ]
The Parker v. Hurley citation... (0.00 / 0)

(PDF warning) Parker v. Hurley

In Parker v. Hurley we have the same basic scenario. The law involved in the suit was an education law defining parents rights to exempt children from educational material they deem inappropriate. The fact that the educational material involved gay marriage was incidental and irrelevant. As far the application of the law is concerned, the material in question could just as easily depicted explicit heterosexual sex acts.



When asked what he thought of western civilization, Gandhi replied, "I think it would be a good idea."


[ Parent ]

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