If NOM is breaking transparency and funding laws all over the country, surely it should be possible to get a pre-emptive injunction preventing them from involvement until they comply, rather than after the event when it’s too late.
Hell, this is the democratic process at stake and they are treating it with contempt. Justice delayed on this is no justice at all. Send officials into all their premises nationally to take all the papers and computers to investigate what they are refusing to disclose. Impound their literature, cover their billboards, stop their adverts. Until it is resolved, freeze their bank accounts. Put all their staff on bail with conditions to do no campaigning. Then fine them punitively for the offences, and whoever is found to have ordered it, since they are leading on this. Well, as far as law allows anyway. You get the idea…
Agreed, NOM is dishonorable and their methods are unethical.
But in analyzing this situation, what you are suggesting be done to punish them is almost certain never to happen, because of the 1st Amendment of the Bill of Rights of the U.S. Constitution guaranteeing free speech, and also because of the unchaining effect of the Supreme Court’s Citizens United ruling. Basically, any person or organization can say whatever they wish, whenever they wish, virtually however they wish, in distributed literature, paid advertising, etc., practically without limits. Even hate speech (and there is a lot of it) is deemed protected speech, and just about every attempt to ban it is invariably struck down by the Supreme Court as unconstitutional.
I’m not entirely sure what can be done against NOM, other than gradually discrediting them to anyone who might care. This is American politics, and it can be a nasty, nasty arena, especially in modern times.
Let’s not pretend that America doesn’t have rules around who can do what when participating in their democracy.
It is a country that prevents citizens from standing for president based not on the content of their character, and how good a president that citizen would be, but on where they were born, and, I believe, on their age.
NOM plays dirty.
Nothing new in this.
From what I’ve read of NOM’s two court orders to disclose its donor base, both are on appeal and that can take months or years to resolve. Eventually, they’ll have to comply.
More than 2 I think, at both state and federal levels, which is why it would be better to have an injunction in place to prevent their involvement until they can show compliance, if this is possible in Washington State.
After all, in California there have been several appeals, totally without merit, against the finding against prop 8, all dismissed at state and federal level, yet people are not still not allowed to marry because of a possible further appeal. It seems only fair that NOM should not be allowed to participate until they comply, even if they appeal.
My thoughts exactly!
NOM has been court ordered to disclose their donors in AT LEAST three different states yet they continue to refuse to abide by the orders and continue to flaunt the laws in additional states. At what point does a court enforce their ruling? I can’t imagine ANY other organization being allowed to thumb its nose at the US justice system with such impunity.
I’m just trying to think of a rich international bank in Italy with no transparency that has been criticised for money laundering that might have an interest in this issue. Just one possibility along with others.
Remember coming up in November, Washington State voters will decide to keep or repeal the marriage equality law.
I sincerely hope voters decide to keep the law, but then again every time there has been a vote on same sex marriage, the voters just keep rejecting it. It will be a vote of 49 percent to keep the law and 51 percent to repeal the law is my prediction. Remember back in 2009 the “all-but-equal” domestic partnership law got APPROVED by 52 percent of voters in Washington State – the very first time at a state level voters approved domestic partnerships and voters in Washington State lead the way. Let’s hope they lead the way again or the states of both Maryland and Maine might just bet them to it, because they are both also having a vote on marriage equality in November.