Will Anti-Gay Group NOM be one band’s Yoko Ono?

It’s been a rough week for the anti-gay group, National Organization for Marriage (NOM) – actually, a really rough two days to be specific.

Let’s review:

In an AP interview on Thursday, John Eastman, chair of NOM blasted families with adopted children and specifically the family of Chief Justice John Roberts (who has two adopted children):

“You’re looking at what is the best course societywide to get you the optimal result in the widest variety of cases. That often is not open to people in individual cases. Certainly adoption in families headed, like Chief Roberts’ family is, by a heterosexual couple, is by far the second-best option.“

Next, NOM released a commercial for their hate march happening March 26th the same day as the United for Marriage rally outside the Supreme Court. As with any anti-gay propaganda they release, it was full of lies which have been debunked dozens of times – and were debunked again by our friend Jeremy Hooper at GoodAsYou.org.

Then last night, NOM proudly announced the talent they’d acquired for their big gay-hate fest. Two musical groups were announced, The Lee Boys – a “sacred steel ensemble,” and an adorable celtic fiddle-playing boyband called Ultramontane.

The Lee Boys were set to perform at NOM’s anti-gay march until they learned it was an anti-gay march.

This morning, Jeremy Hooper started reaching out. In the first few hours of the day, he discovered that Katie Herzig, the writer of the song used in NOM’s hate march video is actually a big fan of marriage equality. Additionally, NOM stole her song without permission – apparently ignoring one of the Ten Commandments. Katie is now demanding it be taken down.

Following that, it seems the Lee Boys weren’t aware that NOM was an anti-gay group and immediately upon finding out, pulled out of the rally. One band member told Jeremy “Music is about love.”

“Ultramontane” according to NOM’s website

So what was up with these attractive young men and their fiddles? Jeremy had done enough great work, so I took this one on myself. After googling Ultramontane for hours, I discovered this band clearly didn’t exist. Then Jeremy swooped in again and found the photo NOM had used on another band’s website. It seems this band was known as “Scythian” just moments ago…well 4 out of 5 of them anyway.

The band, Scythian (which looks alarmingly like the band Utramontane) (from r to l) Ben-David Warner, Alexander Fedoryka, Danylo Fedoryka, Andrew Toy and Josef Crosby.

Why would they change their name and cut that poor sweet boy with the beard out of their little fiddle club? The band had plenty of recent concert dates and upcoming ones as well, had they split up?

Upon further research, it seems they have not split up and actually only 3 of these guys will be playing for the anti-gay march. Alexander Fedoryka, Danylo Fedoryka and Ben-David Warner apparently have no problem aligning themselves with the hate group, while drummer Andrew Toy and Josef Crosby apparently didn’t want any part of the bigoted goings-on.

The band’s representation, Skyline Music LLC released the following statement:

“Like this country, the members of Scythian are divided on the definition of marriage, but, remaining great friends, they have the utmost respect for each other’s’ freedoms of speech and assembly.”

While of course no one can argue that when disagreeing, we should do so respectfully, I can’t help but wonder how Andrew and Josef feel about the other members of the band using their photos to help promote this hate march. Though I hadn’t heard of this group before yesterday, it’s a DC area band I would have loved to see play some time. But after this, I certainly can’t see myself supporting the livelihoods of young men aligning themselves with people who think I’m “worthy of death.”

The band has since removed this photo from their website, assumingly so they won’t be associated with the new anti-gay band “Ultramontane,” but one must wonder if the anti-gay NOM will be the Yoko Ono of Scythian. Apparently NOM isn’t happy just breaking up gay and lesbian families.

UPDATE:

Following an announcement on Friday evening of the band’s intent about the rally (that three members were playing it and 2 were staying out), as of Monday morning their facebook page and twitter accounts have both disappeared.

Before now, none of the band members had publicly acknowledged their support of the LGBT community. But on drummer Andrew Toy‘s facebook page, he replied to one thankful commenter:

“I have always been and will always be an LGBT ally and supporter of marriage equality!”

Thank you, Andrew for your support!

 

My two moms can beat up your eight wives: a marriage update

Since there’s a lot going on, I thought it might be time for a little update on what’s going on in the big gay world.

–ILLIONOIS – Yesterday, the Illionois Senate approved marriage overwhelmingly with a vote of 34-21! Happy Valentine’s Day! Support is expected to be thinner but still winnable in the House and we don’t yet know when it will be taken up. Governor Pat Quinn has pledged to sign it into law should the House pass it. YAY!

–RHODE ISLAND – About 3 weeks ago, the RI House approved marriage even more overwhelmingly with a 51-19 vote. The Senate is a bit of an uphill battle but certainly not unwinnable. They are looking at a Spring vote and again the Governor is a huge supporter.

–OHIO – Currently collecting signatures for a pro-equality ballot measure in 2013

-ARIZONA, MICHIGAN & OREON – Currently collecting signatures for a pro-equality ballot measure in 2014

-MINNESOTA  – Following the beatdown of an anti-gay marriage ballot measure in 2012, and a pwnership of the house, senate and the election of awesome pro-equality Governor Mark Dayton, advocates are pushing for a pro-equality bill in the next few months.

One of these states will most likely be state #10 to (not including the unstate of DC) to approve marriage equality.

SCOTUS! (Supreme Court of the United States) March 26th, SCOTUS will be hearing oral arguments on two marriage cases. The first is on CA’s Prop 8. (Perry)

Possible outcomes of Prop 8 decisions: 

All gay marriage bans will be struck down: This is not a likely scenario, but would make me very happy. Our lawyers are arguing to make this happen by pointing out the unconstitutionality of anti-gay marriage bans and the creation of different classes of citizens federally.

Prop 8. will be overturned: This is what most pundits are thinking will happen. It will overturn the discriminatory law and once again allow gay and lesbian Californians to marry in that state only. CA is different from other states because the courts legalized marriage in May of 2008. From May through November (prior to Prop 8 passing), more than 30,000 gay and lesbian Californians were married. This means, there are three separate classes in CA. Heterosexuals who can legally marry, Gays and Lesbians who are legally married and Gays and Lesbians who are prohibited from marrying. This is a good basis for overturning the ban and some think this is the argument the court will use to do so.

Prop 8 will be upheld: Many think this is unlikely considering the proponents of Prop 8 have no legitimate argument outside of “this is how the people voted.” Every court thus far has overturned or upheld the decision of the previous ruling.

SCOTUS will punt: One of the questions presented by the court was whether or not those defending the anti-gay law had the right to defend it in court. The Brown administration and the one before him had both pulled out of defending Prop 8 because they found it to be discriminatory. After that, the anti-gay campaign began defending it in court. Some don’t believe that a biased campaign has the right to defend a state law in court. If SCOTUS punts, then two things could happen, the decisions of the earlier courts could be upheld or they could essentially issue a do-over.

On March 27th (the next day), SCOTUS will be hearing oral arguments on the constitutionality of the so-called Defense of Marriage Act (DOMA). As many of you know, as a side note – Obama’s DoJ stopped defending DOMA a few years ago as on 8 separate occasions now, when the government was sued over DOMA, it has been found unconstitutional – so there’s a bit of precedent here. It’s also clearly a waste of money to defend a clearly unconstitutional law. Yet John Boehner has just increased to $2 million the amount of money they will spend towards lawyers to defend DOMA…yet they keep screaming that we spend too much on frivolous things.

But I digress…

The reason most courts have found DOMA to be unconstitutional is that it violates state’s rights. Legally married gay couples in states that recognize equality are not afforded more than 1100 rights and responsibilities given to heterosexual couples granted by the federal government. This includes everything from federal tax benefits, to citizenship. If I were to marry a man from Argentina – legally, let’s say in DC – they could still be deported because of DOMA. If I (a very gay man) were to marry a woman from Argentina, that marriage would give her the opportunity to apply (and win) US citizenship.

Edie Windos, lead plaintiff in the Supreme Court DOMA cases

Possible outcomes of DOMA decisions:

DOMA is struck down: The court could decide that Section 3 of DOMA (that which defines marriage as being only between a man and a woman) violates state’s rights and the Constitution’s guarantee of equal protection for all under the law.

DOMA is upheld: The court could uphold DOMA which would enshrine two classes of citizen where one class is treated differently under federal law than the other. Legally married gay couples would continue to not receive tax and social security survivor benefits. Another side note: 17 year – Congressman Gerry Studds, the first openly-gay member of Congress, was legally married to his partner of 16 years Dean Hara. When Studds died in 2006, Hara was not elegible to receive spousal survivor benefits and pension afforded every other Congressional spouse.

SCOTUS punts: Due to the aforementioned discrepancies with who is defending this law, the court could dismiss the case on procedural grounds. It would of course, find it’s way back to the Supreme Court eventually, but this would make it so they didn’t have to make a potentially unpopular opinion.

There are actions happening all over the country for you to get involved with. Everything from vigils to lobby days to house parties. Go find out what’s going on near you or plan something and let us know about it at Light to Justice or visit the March4Marriage Facebook page.

In the meantime, might I recommend the film Edie & Thea: A Very Long Engagement (also available on Netflix). It’s a story about Edie Windsor and her wife, Thea. Edie is the lead plaintiff in the upcoming DOMA cases coming before the Supreme Court.