Brian Brown Lays Out Path To Overturning Obergefell

Via email from hate group leader Brian Brown:

With the addition of Justice Amy Coney Barrett to the Supreme Court, we at NOM believe there is now a strong majority on the Court to overturn Obergefell if the right case is brought before it. We are determined to do just that, but we need your help.

The strategy behind trying to bring a case before the US Supreme Court to overturn the Obergefell gay ‘marriage’ ruling is complex. We can’t simply file a lawsuit and ask the Court to take it up.

First, we need to present a real and present controversy that requires a judicial ruling to resolve. What that issue might be requires a great deal of thought and coordination with allies and policymakers in several key states.

It could be a state law passed by a supportive Legislature, an executive order or regulation issued by a supportive Governor, or possibly even a law enacted directly by voters via a ballot measure. Our team is working hard to evaluate all the options.

We also must consider the judicial territory where the controversy arises and the path it would take to get before the Supreme Court.

Because lower courts are bound to follow the Supreme Court’s Obergefell precedent, we know that we will likely lose in the lower courts.

We will need a situation where an official party who has standing to appeal will be able to press the case forward to the Supreme Court.

Of course, we also need to consider the political and public opinion environment in which this sort of case will be debated, and the financial resources that can be devoted to supporting the effort. We have a lot of work to do, and we urgently need your help to be successful.

Thanks to the matching gift fund that has been made available to us through the end of the year, we can get a head start on this critical work if you will help with a generous donation that will immediately be 100% matched.

Can I count on you at this important time, knowing that your donation will DOUBLE in size and impact?