Gathering Storm (advertisement)

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In 2009, the National Organization for Marriage launched a $1.5 million ad campaign targeted at five states where same-sex marriage was being debated using a 60-second video entitled "Gathering Storm". [1] In the advertisement, a series of actors set against a backdrop of clouds and lightning speak about the ways that "gay marriage" activism has cut into freedom of religion and parental rights. [1]

Contents

Background

The ad aired after California's Proposition 8, eliminating the right of same-sex couples to marry, passed in public election after having been behind in the polls. During the run-up to the vote, an advertisement aired saying schoolchildren would be taught about gay marriage should the proposition fail. "Gathering Storm" targeted Iowa, New Hampshire, New York, New Jersey, Maine and Rhode Island. [1]

Content

The actors in the ad (who are described as actors in on-screen text; [1] many were Mormon activists) [2] mention the following cases:

  1. A California doctor who is forced to choose between her religious faith and her work;
  2. A member of a New Jersey church group which is punished by the state for opposing same-sex marriage;
  3. A Massachusetts parent who is unable to prevent the state from teaching her children that same-sex marriage is appropriate;

The first actor refers to the Benitez [3] case, where an unmarried lesbian sued a fertility clinic under California's Civil Rights Act for declining to artificially inseminate her. The clinic's doctors argued that the Act was unconstitutional insofar as it required them to perform procedures in violation of their religious beliefs. The California Supreme Court ruled that the Civil Rights Act did not violate the free exercise clauses of the United States Constitution or the California Constitution. [4]

The second actor refers to an Ocean Grove, NJ controversy, in which the Methodist Ocean Grove Camp Meeting Association refused a lesbian couple use of a pavilion for a civil union ceremony. The state ruled that the group could not receive a tax exemption for the pavilion under the state's Green Acres Program, which is intended to encourage availability of property for public use. The Association's beachfront property other than the pavilion itself retained the tax exemption. [5] The Association was assessed approximately $20,000 in back taxes on the pavilion, [6] and was the subject of two related civil rights complaints. [7]

The third actor refers to the Lexington, Massachusetts Parker case, in which parents sued for the right to exclude their children from public school discussions relating to same-sex marriage. [8] The lawsuit was filed after the son of one set of plaintiffs "brought home a book as part of the diversity book bag from his Estabrook Elementary kindergarten class in 2005 [that] showed various family types including a same-sex-headed household." [8] Another set of plaintiffs' first-grade son was in class when the book King & King , in which a prince marries another prince, was read aloud. [8] One of the plaintiff parents attended a school board meeting to request that he be notified anytime homosexuality was brought up in his son's class; after that request was declined, the parent refused to leave the building and was jailed overnight. [9] The school board later obtained a restraining order barring the parent from entering onto school property. [9] Judge Mark L. Wolf of Federal District Court found against the plaintiffs, stating in his decision that schools are "entitled to teach anything that is reasonably related to the goals of preparing students to become engaged and productive citizens"; [10] federal courts did not overturn the decision on appeal. [8]

Reaction

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." [3] [11]

New York Times columnist Frank Rich described the ad as "an Internet camp classic". [12] It was parodied by Stephen Colbert, the website Funny or Die (using actors Jane Lynch, George Takei, Sarah Chalke, Lance Bass, Sophia Bush and Alicia Silverstone), [13] and in the Futurama episode "Proposition Infinity". Maggie Gallagher, president of NOM when the ad ran, stated appreciation for the parodies and said that "the controversy has helped spread our message." [14]

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The Defense of Marriage Act (DOMA) is a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It defines marriage for federal purposes as the union of one man and one woman, and allows states to refuse to recognize same-sex marriages granted under the laws of other states. All of the act's provisions, except those relating to its short title, were ruled unconstitutional or legally devoid by Supreme Court decisions in the cases of United States v. Windsor (2013) and Obergefell v. Hodges (2015), which invalidated the law and any enforcement it had.

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Same-sex marriage in the United States Marriage between members of the same gender within the United States of America

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

GLBTQ Legal Advocates & Defenders (GLAD) is a non-profit legal rights organization in the United States. The organization works to end discrimination based on sexual orientation, HIV status, and gender identity and expression. The organization primarily achieves this goal through litigation, advocacy, and education work in all areas of LGBT rights and the rights of people living with HIV. In addition, GLAD operates a legal information line, GLAD Answers, where LGBTQ & HIV+ residents of New England can receive attorney referrals and information about their rights. The organization changed its name to GLBTQ Legal Advocates & Defenders in February 2016.

A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.

Same-sex marriage in Vermont has been legal since September 1, 2009. Vermont was the first state to introduce civil unions on July 1, 2000, and the first state to introduce same-sex marriage by enacting a statute without being required to do so by a court decision. Same-sex marriage became legal earlier as the result of court decisions, not legislation, in four states: Massachusetts, California, Connecticut, and Iowa.

In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.

2008 California Proposition 8 Ballot proposition and state constitutional amendment passed in November 2008

Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in court. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.

The National Organization for Marriage (NOM) is an American non-profit political organization established to work against the legalization of same-sex marriage in the United States. It was formed in 2007 specifically to pass California Proposition 8, a state prohibition of same-sex marriage. The group has opposed civil union legislation and gay adoption, and has fought against allowing transgender individuals to use bathrooms that accord with their gender identity. Brian S. Brown has served as the group's president since 2010.

Same-sex marriage has been legally recognized in the U.S. state of Arizona since October 17, 2014. The state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. Two lawsuits in federal court that challenged the state's policies ended with a decision that the ban was unconstitutional and the state did not appeal that ruling.

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References

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  2. Vick, Karl (2009-11-02). "Maine set to vote on gay marriage". Washingtonpost.com. Retrieved 2011-12-04.
  3. 1 2 "Human Rights Campaign Exposes National Organization for Marriage's Fake Ad for Fake Problems" (Press release). Human Rights Campaign. April 8, 2009. Archived from the original on April 26, 2011. Retrieved April 18, 2011.
  4. "North Coast Women's Care Medical Group v. Superior Court" (PDF). California State Supreme Court. 2008-08-18. Archived from the original (PDF) on 2009-04-24. Retrieved 2009-04-12.
  5. Capuzzo, Jill P. (September 18, 2007). "Group Loses Tax Break Over Gay Union Issue". The New York Times . pp. B2. Retrieved February 26, 2021.
  6. Berg, Thomas C. "What Same-Sex-Marriage and Religious-Liberty Claims Have in Common". Northwestern Journal of Law and Social Policy. Retrieved February 26, 2021.
  7. Kelley, Tina (2007-08-29). "Ocean Grove: Clash Over Civil Unions". The New York Times.
  8. 1 2 3 4 Ian B. Murphy (2008-10-07). "Public school lawsuit runs out of federal appeals". The MetroWest Daily News . Retrieved 2009-04-18.
  9. 1 2 JAKE TAPPER (@jaketapper) and AVERY MILLER. "Culture War Hits Kindergarten - ABC News". Abcnews.go.com. Retrieved 2011-06-16.
  10. "National Briefing New England: Massachusetts : Gay Topics And Schools". The New York Times. February 24, 2007. pp. A13. Retrieved February 26, 2021.
  11. Smith, Ben (April 8, 2009). "New campaign fights same-sex marriage". Politico . Retrieved April 19, 2011.
    Terkel, Amanda (April 9, 2009). "HRC releases audition tapes of 'Gathering Storm' actors". Think Progress . Center for American Progress . Retrieved April 18, 2011.
    Wolfson, Evan (April 13, 2009). "Winning the Freedom to Marry? Cue the Attack on the Gays!". Huffington Post . Retrieved April 19, 2011.
  12. Rich, Frank (April 19, 2009). "The Bigots' Last Hurrah". The New York Times . pp. WK10.
  13. Young, John (April 21, 2009). "'Gathering Storm' spoofs: Which celebrity gay-marriage parody rains more laughs?". Entertainment Weekly . PopWatch blog.
  14. "Pro-Gay Marriage Hollywood Piles on Miss California". Fox News. November 30, 2011. Retrieved 2011-12-04.