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Alliance Defense Fund: Loves A.G. refusals in Central time, not so much in Pacific

Trial analysis

Don’t forget- today at 11 AM PST/2 PM EST, we’ll have Shannon Minter from National Center for Lesbian Rights taking your Prop 8 legal questions live here at P8TT. Stop on by.

(This is Jeremy’s follow-up to his great piece regarding ADF’s dishonesty, which was posted last night. See also a related piece I did on conservative pushback regarding Brown/Schwarzenegger’s position -Adam)

Cross-posted at Good as You

by Jeremy Hooper

We’ve already posted a lengthy take on why it’s disingenuous for the Alliance Defense Fund and supporters to treat domestic partnerships one way in California and another way in Wisconsin. Now let’s look at another issue related to that matter: The fact that that state’s Republican attorney general, J.B Van Hoolen, is refusing to represent his state law in court because he finds it unconstitutional.

What are we hearing all the time out of CA? That both state Attorney General Jerry Brown (D) and Gov. Arnold Schwarzenegger (R) are out-of-line because they have chosen to take a stand against what they (and a federal district judge) perceive to be an unconstitutional slighting of gay and lesbian citizens’ civil rights. Both men have refused to defend Prop 8 in court. And this little fact has made the anti-equality side nothing short of apoplectic. 6A00D8341C503453Ef01156F9Fc93B970CHere’s ADF attorney Austin Nimocks speaking recently to “Point of View” radio:

(click to play audio clip)

*AUDIO SOURCE: 8/18/10 [Point of View Radio]

But yet now here we have the ADF and Wisconsin Family Action filing suit against the Badger State’s domestic partnership law, and we have an A.G. who has pointedly refused to defend the legislatively-enacted D.P. registry (Gov. Doyle, the Secretary of the WI Dept. of health Services, and the State Registrar of Vital Statistic are the listed defendants). And yet there’s not *one peep* about the A.G. supposedly shirking his duties. Not one mention of Van Hollen’s political stripes or aspirations (which decidedly bend towards socially conservative), the way there have been with gubernatorial candidate Jerry Brown. It’s as if Van Hollen’s controversial decision either never happened, or is totally okay since it’s the anti-LGBT side he’s benefitting.

In fact, both the ADF and Julaine Appling (the lead plaintiff in the case in the ADF’s suit) have applauded Van Hollen’s decision:

Attorney General J.B. Van Hollen — who ordinarily would defend a duly-enacted law — announced Friday he will not defend the state’s domestic-partner law from a legal challenge brought by a pro-family group.

Julaine Appling, chief executive officer of Wisconsin Family Action, said Van Hollen took a strong position when he said he would not disregard the constitution or the will of the people by defending the registry.

“What J.B. Van Hollen was saying was that his oath of office is to defend the constitution,” she said, “not the Legislature and not the governor.”

Jim Campbell, legal counsel for ADF, said he hopes the Wisconsin Supreme Court takes note of Van Hollen’s position.

“We believe that it’s very clear here. The people of Wisconsin said that they do not want the government creating anything that is substantially similar to marriage, and that is exactly what they’ve done here,” he said.

Wisconsin Attorney General Will Not Defend Domestic Partnerships [Focus on the Family]

And we, Mr. Campbell, hope the United States Supreme Court takes note of Jerry Brown and Arnold Schwarzengger’s positions! After all, their stands are actually rooted in principle, not discriminatory politics.


*Note: The WI Supreme Court ultimately did not “take note,” like Campell wanted, as that judicial body refused the case. The current suit was filed in the Dane County Circuit Court


  • 1. Sagesse  |  August 22, 2010 at 11:56 pm


  • 2. Ķĭŗîļĺę&  |  August 23, 2010 at 1:40 am

    Requesting comments be emailed.
    It is SOOOOO ordered.

  • 3. Kathleen  |  August 23, 2010 at 2:14 am

    me too.

  • 4. Richard A. Walter (s  |  August 22, 2010 at 11:56 pm

    The ADF, and all those who are cut from the same cloth, are doing everything they can to strip us of what few rights we have won through so many years and so many hard-fought battles. They will not be satisfied until they think we have been eradicated or have been pushed back into that prison they have sugarcoated by calling it a closet. Well, I have said it before, and I will say it again. I REFUSE TO GO BACK INTO THAT PRISON THAT IS MISNAMED THE CLOSET! For those who may have missed this particular lesson in kindergarten, closets are for clothes, not people. Besides, my husband and I have so many clothes in our closets, there is no room for either of us in there!
    These people truly need to wake up, smell the espresso, and get a REAL life, not a sham life that is built around trying to destroy everyone and everything that is different from what they want everyone and everything to be. My mother (may she rest in peace) taught me very early in life that not everything is going to be the way I want it to be. Too bad the ADF hasn't learned that lesson yet, isn't it?

  • 5. Jen-Bunny  |  August 23, 2010 at 6:00 am

    I am with you Richard!!! I was in the closet for much too long….and do you know what my "reason" was for not being gay? "I can't get married and have the 2.5 kids and the white picket fence if I'm……gayyyyy!" That's what I used as the reason to lie to myself and even convinced myself to marry a man because it was "the right thing to do". I had never been more unhappy. When I met my present girlfriend, it was real love. I felt a taste of freedom and life, and I jumped out of that closet with bells on! I promised myself from that moment to never go back in. And I WON'T be pushed back in; that's for sure.

  • 6. AndrewPDX  |  August 23, 2010 at 12:15 am

    Seriously… @ADF and @NOM and all them:

    GET A LIFE, and stop trying to steal mine!

    Liberty, Equality, Fraternity

  • 7. Michelle Evans  |  August 23, 2010 at 3:33 am

    Andrew, but that's the problem, their "lives" are all about destroying and controlling others. Without the ability to attack us as they constantly do, they would have nothing of substance left to do. And think of all the huge salaries that people like Maggie and Brian, and all the rest of the hateros earn with their witch hunts. They have no other skills on which to earn a living. Without us to attack they would actually have to find a job doing something useful, for which none of them have any qualifications.

  • 8. Andrew_WA  |  August 23, 2010 at 12:25 am

    Just shows how hateful they reallt are.

    Taking away people's rights just because they can shows their bullying personalities.

    Here in Washington we had the very same thing happen – with the exception that it was put to a popular vote and we did WIN.

    Taking away family and person's protection does not help anyone – in fact, it shows just exactly how "unChristian" these people truly are.

    Sadly, I expect to see more of this behavior as we get closer and closer to the Supreme Court with Perry. A win at the 9th Court is sure to rattle the Christians and they will seek whatever audience that will listen to their message of fear and hate. Expect several states like WisconSIN to follow their lead as fear and hate is big business for NOM. They need money and will whip any crowd into a frenzy in order to get it.

    I am wondering if it is proven that not providing equal rights does cause harm if our family in Wisconsin could sue the state for intent to cause harm.

    These people are intending to cause harm and hide behind their religion.

  • 9. Linda  |  August 23, 2010 at 12:48 am

    This has become a holy war; we all realize that, right? And in a holy war all hateful actions (on *their* side) are justified. They are fighting for God, after all. And it's so easy for them to recruit! Their followers are trained from birth to be sheep; to blindly follow what their leadership says, without reasoning things through for themselves. Anything they are told from the pulpit is true. They don't question; that would be doubting. And doubting is sinful.

  • 10. Straight Ally #3008  |  August 23, 2010 at 1:13 am

    Hypocrites, all of them. They will say they're OK with civil unions and only marriage is the issue until they are actually up for consideration (see Washington, Hawaii). The second that they lose on a ballot initiative on marriage they will run to the "activist" courts. The only things they're fighting for are power and money, but it's cloaked in religious piety. The kicker is that decades from now, when public opinion and legal decisions are solidly against their current position, they will claim they supported marriage equality from early on.

  • 11. Straight Ally #3008  |  August 23, 2010 at 1:20 am

    Oops, nearly forgot: power, money, and as an added bonus, inflicting misery on LGBT people.

  • 12. Ann S.  |  August 23, 2010 at 1:15 am

    ADF sucks. Sorry, a bit under the weather today and nothing more coherent to say at the moment.

  • 13. Straight Dave  |  August 23, 2010 at 1:37 am

    Nothing more is needed, Ann. You said it perfectly. Watching events unfold over the past year, and even more so the last few months, I have changed my view of NOM, ADF, and similar organizations from one of uninformed, poorly-raised, lacking in day-to-day knowledge of real LGBT lives to one of downright unadulterated evil.

    I didn't particularly like the widespread "hate" label, thinking it a bit extreme. That thought still holds for what I consider the changeable middle. But for the organized national groups, they now have been flushed out of the weeds to reveal their true colors. They really are acting as hateful and deliberately harmful as possible. No excuses.

    I think the more the LGBT community and their legislative supporters push equality forwards, the more the dark underside of the opposition will get exposed. When the changeable middle sees more of that, their natural human instincts for fairness will nudge them over to our side. The hate orgs become their own worst enemy by exposing themselves to the world. So let's keep flushing them out.

  • 14. Carpool Cookie  |  August 23, 2010 at 1:48 am

    Hopefully you'll feel better soon, Ann. (Just as a funny side note, for some reason I've only known one "Ann" in my life, so whenever I see your posts I suddenly picture Ann Pitt from Lighthouse Elementary School.) (Rest assured, she was a very nice person, like you.)

  • 15. Kate  |  August 23, 2010 at 1:52 am

    Lighthouse Elementary School in Pacific Grove, California???????? Are we schoolmates?

  • 16. Ann S.  |  August 23, 2010 at 2:11 am

    I'm sure I'd like her if you do.

  • 17. Carpool Cookie  |  August 23, 2010 at 2:26 am

    Oh my goodness, Kate! I was at a party once in NYC where THREE people had actually heard of Pacific Grove!! I described it to the rest of the crowd as the Grovers Corners of the west coast.

    I am proud to say I traveled north to the Pet Parade this year. Perhaps next year, the Butterfly Parade. Too bad my parents sold our house in 1981 for $100,000 cash, when it's now worth $1,000,000 (!) I feel a bit ill every time I drive by there.

    I had Mrs. Slater, Miss Coons, Mr. Masten, Mrs. Woolf, and the late Mrs. Dardin. I don't think I had a Kate in my class, though. Perhaps we were on student council together, or alongside each other in the Talent Show???? Over the years I sang Eidelweiss, Where Is Love (how apropos), and I think the love theme from The Godfather (interesting choice in retrospect…but is actually quite pretty.) My other solos have faded from memory.

  • 18. Kate  |  August 23, 2010 at 2:29 am

    Cookie — Let me know how to reach you via e-mail, and we can continue this discussion outside of P8TT. I think, though, we are several years apart…….. My parents sold their house near the beach in 1968 for $26,000; I recently saw online that the one next door to it went for $1.2 million a couple of years ago.

  • 19. Carpool Cookie  |  August 23, 2010 at 2:35 am

    Kate: I wonder how we exchange emails and not make ourselves vulnerable to Maggie Galagher stalkings? One of us has to create a throw away email account to post here.

    See you at Lovers (of Jesus) Point.

    For the rest of you, Pacific Grove was first settled as a religious retreat. We have the highest ratio of churches to residents of any town in the U.S.

  • 20. Ann S.  |  August 23, 2010 at 2:38 am

    Kate, I did not know that about Pacific Grove. I think of it in connection with butterflies.

  • 21. Kate  |  August 23, 2010 at 2:44 am

    Good thinking, Cookie. Try me at [email protected], and then we'll switch to real emails.

    Yes, Ann, butterflies! You are quite correct.

  • 22. Carpool Cookie  |  August 23, 2010 at 2:52 am

    And, elementary school children dressed as butterflies. (The dusty cardboard wings are usually stored in the garage.)

  • 23. Richard A. Walter (s  |  August 23, 2010 at 3:17 am

    @ Carpool Cookie: You mean it was like my hometown of St. Albans, WV? We had churches all over the place, and it seemed if you went down the street, every time you saw two churches across the street from each other, one would be singing "Will There Be Any Stars in My Crown?" while the one on the corner opposite would be singing "No, Not One."

  • 24. Alan E.  |  August 23, 2010 at 3:39 am

    Richard, Have you seen how large Maranatha has grown over the years (the one on Kanawha Ter. on the western entrance to town)? It's a regular mega-church now.

  • 25. carpoolcookie  |  August 23, 2010 at 3:57 am

    @ Richard: Well, we were a little different than your West Virginia town, as we had all these churches….but it was kind of eerie, because you never saw anyone actually go in or out. They were just these silent edifices. They were all built in the Victorian era….but then the area changed somewhere along the way from a religious retreat to an artists' community. If you rent this movie, you can see our town, AND LIGHTHOUSE SCHOOL!

  • 26. Richard A. Walter (soon to be Walter-Jernigan)  |  August 23, 2010 at 10:52 am

    @ Alan E.: The last time I was in St. Albans was January of 1995, and Maranatha had grown to cover an even larger area than the Murad’s Trailer park, which crossed both sides of Kanawha Terrace. And I can still remember when Maranatha started out in that little storefront about a block down from McKinley Junior High. I watched Maranatha go from being a little storefront church with Sunday School classes in the basement separated only by curtains to looking more like the Charleston Civic Center Coliseum.

  • 27. Alan E.  |  August 23, 2010 at 1:54 am

    Wow I have so much to read from this weekend. I didn't have a chance to read any email or postings here. for now i'll just raise a fist towards ADF

    *shakes fist*

  • 28. Carpool Cookie  |  August 23, 2010 at 2:29 am

    (puts on Patti Smith's People Have the Power)

    : )

  • 29. IT  |  August 23, 2010 at 3:14 am

    Of course they are inconsistent. While they want to frame their battle as on principle, it is based instead on one thing: oppose Teh Gay.

    So they'll be against the judges who find for us (MA, IA), and for the judges who don't (WI) They'll be all will-of-the-people for legislatures that attack GLBT people (VA) and outraged at legislatures that support GLBT rights (MA, VT).

    They'll be against civil unions anywhere they think they can get away with it (WI,HI, and WA) and for them where they think they have to be (CA).

    Remember Prop8 was the milder of the two props that vied for the ballot. The other one would ahve outlawed DPs, as the law in WI does.

    It boils down to the same thing: they despise us. They want to hurt us, and our families. They want to dehumanize us, make us animals in the dirt, justifying this by their corruption of religion.

    The roots are deep, shared with racism and sexism, religious bigotry. It's atavistic tribalism. They are the rump of what my blogger-friend Counterlight calls the Empire of the Frightened Bitter Old White People.

  • 30. BradK  |  August 23, 2010 at 3:24 am

    Speaking of Empires, if these so-called christian sociopaths are so fond of "tradition", I say we bring back the ancient Roman tradition of throwing them to the lions for sport.

    Some historians doubt this ever really happened, though, and is instead just another in a long list of ploys for christians to garner pity. They've really worked this whole persecution meme to death, pardon the pun.

  • 31. Kate  |  August 23, 2010 at 3:29 am

    Yay!!!! I vote for the lions.

  • 32. Michelle Evans  |  August 23, 2010 at 3:39 am

    Yes, even the most bloodthirsty lion has more scruples than the "christians" who would rather see us all disappear. Throw Maggie and Brian to the lions and the lions would probably throw them back as undigestible.

  • 33. Richard A. Walter (s  |  August 23, 2010 at 3:56 am

    Either that or each lion would first take a 500-count bottle of Prilosec before eating them.

  • 34. Linda  |  August 23, 2010 at 3:58 am

    In this instance, the lions may prove to be the courts.

  • 35. Mark M. (Seattle)  |  August 23, 2010 at 3:40 am

    I posted this over the weekend but wanted to repost it here today for those that may have missed it.
    Just something I put together from images taken from this site and the web.
    Needed something to cheer me up and thought maybe others might enjoy it as well

  • 36. Alan E.  |  August 23, 2010 at 3:56 am

    New email about the Home Depot stuff from AFA.

    The Home Depot says AFA is lying – Here's proof we're not
    August 23, 2010

    Dear Alan,

    In responding to those who are calling The Home Depot, company representatives are telling AFA supporters that AFA is lying.

    Here is proof we are telling the truth AND the facts accurately. Clicking the thumbnail picture will take you to the larger, online version of the photo.

    The Home Depot says AFA is lying. The Home Depot is telling people it is neutral in the homosexual culture war. This picture was taken inside an Ohio Home Depot store in June 2010. Promoting the homosexual lifestyle with corporate-produced signs is far from neutral. It is activism.

    The Home Depot says AFA is lying about its button and apron policy. They say a policy change in April prohibits employees from wearing any buttons or wearing company aprons outside of the store without company approval. This picture was taken at a gay pride parade in Boston in June 2010, three months after the "policy change." The apron has emblems from the Human Rights Campaign and other homosexual activist organizations. Notice the company name has been rainbow colored.

    The Home Depot says AFA is lying about it passing out company-logo items at gay pride parades. These photos shows Home Depot shopping carts filled with foam can coolers, cups, bags and other items bearing The Home Depot logo. These items were handed out along the Chicago Gay Pride Parade route by Home Depot employees.

    The Home Depot says AFA is lying because the company doesn't sponsor or support gay pride events. This picture clearly shows The Home Depot is an officially recognized sponsor, only one of many the AFA has documentation for.


    1. Sign the Boycott Pledge at
    2. Call your local store manager. Let the manager know that you will not be shopping at The Home Depot until the company stops supporting the homosexual agenda. You can find the number here. (click "Store Finder").
    3. Print the paper petition and distribute it at Sunday School and church.
    It is very important that you forward this alert to your friends and family members.


    Tim Wildmon, President
    American Family Association
    Help us Financially
    Donate Online to AFA
    One-Time Monthly
    Text the letters
    "AFA" to 20222
    to give $10

    Standard messaging rates may apply.
    2011 Holy Land Tour
    with Tim Wildmon

    Join Tim and walk where Jesus walked. Tour dates are March 11-19. Direct from Atlanta.

  • 37. Mark M. (Seattle)  |  August 23, 2010 at 4:35 am

    Just fired off another letter/email to Home Depot….

    Letter below:

    Just wanted to drop Home Depot a quick note thanking them for their continued support of equality and basic human rights in America and across the planet…namely LGBT civil rights.
    I understand The Home Depot is under fire from the organization known as American Family Association.
    Please stand strong against bigotry and their religious agenda.
    Hatred and discrimination against any group of citizens in the name of religion or any other reason is wrong on so many levels.
    Your company has and will continue to have mine and my families business.

    Mark M. (Seattle)

  • 38. Jen-Bunny  |  August 23, 2010 at 7:54 am

    Wonderful letter, Mark! I wrote them one a while back when it first became news….I think it's time for me to send them another pat on the back. =)

  • 39. carpoolcookie  |  August 23, 2010 at 6:46 am

    If they Prop H8 people boycott Home Dep, where will they get the nails and lumber for the crosses they want to burn on everyone's lawns??

  • 40. Richard A. Walter (s  |  August 23, 2010 at 7:01 am

    They can always go to Lowe's. Lowes hates us. They would probably give NOM, AFA, Fred Phelps, and all the rest like them a discount.

  • 41. Mark M. (Seattle)  |  August 23, 2010 at 7:28 am

    There is always Lowes

  • 42. Tom B.  |  August 25, 2010 at 2:44 am

    But wait! When we 'nasty gays' want to boycott some business, we're overreacting and destroying people's livelihoods based on our beliefs! Oh, the horror! The…oh, what's the word…oh yeah, HYPOCRITES! ADF and their ilk need to look in the mirror before they attack us. 🙂

  • 43. Mark M. (Seattle)  |  August 23, 2010 at 7:58 am

    Just recieved a responce from them…see email responce below:

    Thank you for taking time to share your support.
    We encourage our local store associates to support and engage their local communities.
    The Home Depot is committed to respecting and recognizing the diversity of all people.


    The Home Depot

  • 44. Hank (NYC)  |  August 23, 2010 at 4:07 am

    If the NOM and ADF h8ters were to put half as much energy and money behind their own families, "family values" and deal with THEIR OWN divorce rate and issues – they would be much happier and I'm sure "traditional marriage" (meaning the last 50-100 yrs LOL) would be in a much better state than it is now. It is not our fault their marriages don't work – unless they think everyone is gay.

    These people need to take respsonsibility of their OWN lives, marriages, children etc – and leave their neighbors to live their own lives as well.

    We follow the laws, pay our taxes and do our fair share for the country (if not more – since we can't even serve our country honestly) – we should benefit from what we put in just as much as the rest of the law abiding, tax paying citizens.

  • 45. Sheryl, Mormon Mothe  |  August 23, 2010 at 4:21 am

    Certainly hope that when Tim Wildmon does the Holy Land Tour and and walks where Jesus walked that he feels and begins to understand the Love that Jesus has for all and gains an understanding of what Love thy neighbor as thyself really means. BECAUSE it does not mean discriminating against people who are different than you.

    Sheryl, Mormon Mother

  • 46. Straight Grandmother  |  August 23, 2010 at 8:29 am

    Sheryl, I am trying to remember, doesn't Isreal have Gender Neutral marriage? I think they do.

  • 47. Dpeck  |  August 23, 2010 at 6:40 am

    This situation with ADF in Wisconsin is very disturbing. If gay couples in Wisconsin lose access to Domestic Partnerships the results for some of these people can be far worse than what happened when we lost civil marriage rights in California.

    The Wisconsin DPs provide the most basic assurances for things like hospital visitation rights (and they don't always do a consistent job of doing that, as we have heard). Losing them could be truly tragic for the citizens of Wisconsin.

    So what I want to know is – What can we do to help?

    I knew what to do out here in California. Organizations like Equality California provided several ways to get involved and work to make a difference. But it's very frustrating to see what is looming in Wisconsin and to have no idea what we can do to help.

    So let's hear it. What can we do to help stop ADF in Wisconsin and help LGBT couples keep their Domestic Partnerships?

  • 48. Jen-Bunny  |  August 23, 2010 at 9:12 am

    I would like to know as well. I know it was huge when we lost our marriage rights here in CA, but we still had DPs, which at least give us SOME rights. If they lost DPs in Wisconsin it would be completely devastating to those families. I'm willing to do whatever it takes, so keep us updated!

  • 49. Kathy  |  August 24, 2010 at 7:41 am

    Fair Wisconsin (the pro-LGBT group here) has set up a legal defense fund:

    Or consider a letter to the Milwaukee Journal Sentinel giving the CA perspective:

  • 50. JonT  |  August 23, 2010 at 6:43 am

    'And yet there’s not *one peep* about the A.G. supposedly shirking his duties. Not one mention of Van Hollen’s political stripes or aspirations (which decidedly bend towards socially conservative), the way there have been with gubernatorial candidate Jerry Brown.'

    So our opponents are hypocrites? Huh, didn't know that. 🙂

  • 51. PamC  |  August 23, 2010 at 8:32 am

    I'm sick & tired of the patchwork quilt of protections for our families across this country. I know we've come a long, long way, but I'm itching for some resolution. A win in CA would be a nice winter solstice present, and I know we have Tauro's decision lurking nearby, but there are couples and children suffering for no good reason. Damnation!

    & subscribing.

  • 52. NetAmigo  |  August 23, 2010 at 10:44 am

    The discriminatory laws against gays and lesbians are mostly pushed today by the religious right as they perceive gays and lesbians to be nonbelievers. These religious fanatics can not get away with such discrimination against others such as the divorced. They get away with discriminating against gays and lesbians as they have traditionally been so misunderstood. Judge Walker noted the religious influence in his decision and more courts must recognize it as well since religious discriminatory practices fundamentally violate basic American values.

  • 53. IT  |  August 23, 2010 at 5:37 am

    They don't want to go after the divorced because they can imagine themselves wanting to be divorced. Or they are divorced. But since they aren't gay, and never fathom having loved ones who are, they feel safe making gays the whipping boys.

  • 54. Michael  |  August 23, 2010 at 7:13 pm

    Why haven't pro-equality groups in Wisconsin went back to the ballot over and over to have the domestic partner ban portion removed from the Constitution? A majority of Americans support domestic partnerships. We should be working to put domestic partnerships in place (on a temp. basis) in every state we can until equal marriage becomes the law.

  • 55. Kathy  |  August 24, 2010 at 7:45 am

    WI doesn't have a ballot initiative process they way CA does. Amending our constitution takes two passes by both houses of two successive legislatures, plus passage by the electorate in a statewide referendum.

    I've been told there are efforts afoot to get the amendment repealed, but it will take a while. The SCOTUS might rule on Prop 8 before WI can get a repeal before the voters.

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