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NOM loses Maine campaign disclosure appeal

Community/Meta Marriage equality Right-wing

By Jacob Combs

The National Organization for Marriage likes to boast that it’s never lost a popular vote on marriage equality (a claim that could be debated), but there is certainly one realm in which it has a much worse record: court decisions.  Yesterday, the First Circuit Court of Appeals in Boston handed NOM anther defeat, making their win-loss record even worse.

In August, the First Circuit upheld a Maine law requiring NOM to disclose its campaign expenses, writing that the law “neither erect[s] a barrier to political speech nor limit[s] its quantity.”  Yesterday’s decision focused on a Maine campaign disclosure law requiring groups that raise and spend over $5,000 in an election to disclose their donors.  As usual, NOM’s attorneys argued that the lists should be kept secret because anti-marriage equality donors could be put at risk of retaliation from marriage equality supporters.  The court disagreed.  NOM has promised to appeal the decision to the Supreme Court, which has already ruled against the organization in the 2009 Doe v. Reed case.

In related news, the documentary “Question 1,” which follows the referendum campaign against marriage equality in Maine in 2009, will have its West Coast premiere tonight in Sacramento at 6:30 pm.  The film also focuses on “Yes on 1” spokesman Marc Mutty, who in interviews with the filmmakers admitted that the campaign lied to voters but has since argued his words were used out of context.  The screening is sold out, but a wait-list will open at 6:00.  You can watch the trailer for the documentary here.

Update: Thanks to Kathleen for brining us the full text of the opinion in Quick Hits.  From Scribd:

[scribd id=80055111 key=key-u3dpiuk0iumwrb1v6qy mode=list]



  • 1. Lesbians Love Boies  |  February 1, 2012 at 9:11 am

    They keep losing these court battles yet still haven't disclosed anything?

  • 2. chris hogan  |  February 1, 2012 at 9:16 am

    When will their offices be raided by the FBI and Key leaders held in contempt of court?

  • 3. Sagesse  |  February 1, 2012 at 9:42 am

    How timely, with a new vote in Maine about to be launched.

  • 4. grod  |  February 1, 2012 at 10:49 am

    Jacob As I understand it, the August decision related to PAC disclosure requirements in 'elections' – 2010 and this decision related to the BQC disclosure requirement in ballot question initiative – Question 1 2009. .

  • 5. Glen  |  February 1, 2012 at 11:32 am

    And yet doesn't NOM continue to tell donors that they can keep their identity secret?

    How is it they can do that, without revealing the fact that they've lost every court battle to keep their donor's secret?

    This needs a Supreme Court ruling (or decision to not hear the case), NOW.

  • 6. Sheryl_Carver  |  February 1, 2012 at 11:51 am

    When, oh when will we see BB doing the "perp walk" for refusing to obey the disclosure laws in so many states???

  • 7. Ann S.  |  February 1, 2012 at 11:59 am


  • 8. grod  |  February 1, 2012 at 1:06 pm

    Sheryl One hopes Glen's wish to an early indication from the US Supremes – ie decline to hear an appeal, will settle the matter and that they continue to refuse to disclose. Doing so will ensure that they will not be a player in Maine.

  • 9. Derek Williams  |  February 1, 2012 at 3:48 pm

    Maybe NOM could try investing in the elimination of Divorce, which so far has ended 50% of all heterosexual marriages. I don't know how many heterosexual marriages have been ended by same sex nuptials, but it obviously can't be anywhere near the other 50%, otherwise 100% of heterosexual mariages would have failed by now.

  • 10. Lesbians Love Boies  |  February 1, 2012 at 5:24 pm

    How many NOM failed lawsuits does it take to…

  • 11. thark  |  February 2, 2012 at 4:25 am

    NoM "preys" to "protect" marriage..

    and DO!

    (the delicious irony of it all is lost on NO one, these days…

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