Archive for the ‘National Organization for Marriage’ Category

Mother Jones: Game Changer

Tuesday, February 23rd, 2010

Mother Jones cover and inside spread

He was one of the GOP's top dark-arts operators. Now he

Who’s that masked man gracing the pages of Mother Jones? It’s the founder of Californians Against Hate, Fred Karger. Check out the table of contents, read the article online, or grab a copy at your local newsstand.

News Coverage: Campaign Clarity Needed

Monday, December 28th, 2009

Check out this excellent Bangor Daily News Editorial (12/26/09) calling out NOM for violating Maine’s election laws. NOM did not report any of its contributor’s names, and it gave $1.9 million (64% of all money raised) to defeat same-sex marriage in last month’s election. Then NOM sued Maine election officials to invalidate all campaign reporting:

Campaign Clarity Needed

By BDN Staff

A lawsuit involving a national group opposed to gay marriage has far-reaching implications for the state’s campaign reporting and financing laws, especially since the National Organization for Marriage said it plans to advocate for supporters of “traditional marriage” in next year’s election.

In October, NOM filed suit in federal court claiming Maine’s referendum campaign finance reporting requirements were overly burdensome and, therefore, unconstitutional. Earlier this month, the group amended its complaint to U.S. District Court to include candidate elections. If its challenge is upheld, it would leave a big hole in the state’s reporting requirements and its Clean Election financing program, which relies on candidates’ reporting of donations to determine whether matching funds are warranted.

The group, based in New Jersey, contributed nearly $2 million to Stand for Marriage Maine, which successfully advocated a repeal of the state law allowing same-sex couples to marry. NOM has refused to disclose to state election officials where its money came from. State law requires groups or individuals that raise more than $5,000 to support or oppose a ballot question to register as a ballot question committee. Anyone who donates more than $100 to the committee must be identified in campaign finance reports.

The Commission on Governmental Ethics and Elections Practices is investigating whether NOM violated state campaign finance laws by refusing to name its donors in connection with Question 1 on the Nov. 3 ballot.

Attorneys for the group have argued that listing donors would discourage contributions because people would be afraid of retaliation.

Gay marriage is an emotional issue, but citing fear as a reason to flout the law is an unpersuasive argument, especially when thousands of donors are named — complete with their home or businesses addresses and occupations — on campaign finance reporting forms filed by groups on both sides of Question 1. National groups have been involved in many contentious campaigns since Maine’s reporting requirements have been in place. None has refused to comply with the law.

At the same time, there are varying levels of compliance. Some groups simply list “fund transfer” as a source of funding.

NOM’s argument that it raises money nationally to be used in many different states, rather than for a campaign in a specific state, is more complex. A close look at the group’s fundraising literature will clarify whether it was raising money for the Yes on 1 campaign in Maine. If it was, reporting is necessary, as it should also be for other national groups that contribute to Maine campaigns.

It may be that lawmakers need to reconsider Maine’s ballot committee law to clarify how such national fundraising should be handled, especially since it could influence Clean Election funding next year.

The bottom line is that Maine voters should be able to know who is trying to influence their vote.

News Release: Mormon Congressman Leads Effort to Overturn DC Gay Marriage Law

Tuesday, December 22nd, 2009

FOR IMMEDIATE RELEASE
Contact: Fred Karger
December 22, 2009
619-592-2008

Utah Congressman Chaffetz Leads Effort to Dump Recently Enacted Gay Marriage Law in Washington, DC

Salt Lake City, UT — Mormon freshman Congressman Jason Chaffetz (R-UT), ranking Republican on the Congressional subcommittee that oversees Washington, DC, is now trying to undue the District’s new law that allows same-sex marriage in our nation’s capitol. Congress has 30 days to overturn that law.

The president of the National Organization for Marriage, which was created by the Church of Jesus Christ of Latter-day Saints (Mormon Church) two years ago to fight gay marriage throughout the country, announced last week that they would go to the ballot and to the courts to overturn marriage equality in Washington, DC. Well, she left out a third avenue, going to the Congress to veto the new law. Maggie Gallagher, NOM’s President said that they would defeat it, and here they go again.

NOM is very effective. They were responsible for Proposition 8 qualifying for the California ballot last year which ended same-sex marriage there. They were successful in overturning Maine’s gay marriage law last month, having contributed 64% of all money raised ($1.9 million of the $3 million) in that state. Now they have set their sights on our most recent victory in Washington, DC.

“We have been tracking NOM from day one, and while effective, they do all this secretly and utilizing highly questionable practices,” said Fred Karger, founder of Californians Against Hate. “Maggie and executive director Brian Brown are single handidly fighting same-sex marriage in 11 sates, and now Washington, DC, all by themselves — truly amazing.”

“That is why we have called for investigations in California and Maine into their fund-raising, which is shrouded in mystery. In Maine they refused to disclose the names of thier contributors even after being ordered to do so by Federal Judge D. Brock Hornby and Maine attorney General Janet T. Mills.

Both California and Maine are investigating NOM right now, and the California investigation has included the Mormon Church. It has been ongoing for the past 13 months (FPPC Case # 08/735).”

“Now we need a Congressional investigation of the National Organization for Marriage as they come charging into out nation’s capitol to attempt to undo marriage equality there. They must no longer go unchecked,” demanded Karger.

Read the story about Rep. Chaffetz from the Mormon Church owned Salt Lake City Deseret News:

Chaffetz, family differ on gay marriage

By Lee Davidson

Published: Monday, Dec. 21, 2009 11:32 p.m. MST
SALT LAKE CITY — Gay rights groups are flabbergasted that Rep. Jason Chaffetz, R-Utah, is leading a charge to block gay marriage in the District of Columbia, since his family has some interesting gay and liberal ties.

After all, his father, John Chaffetz, wrote a complimentary book about a gay couple that competed in the “Amazing Race” reality TV show. And liberal, former Democratic presidential nominee Michael Dukakis (whose wife, Kitty, was once married to Chaffetz’s father) has been helping the young Chaffetz to pass legislation.

So gay groups are questioning in widespread Internet posts why Chaffetz, with such ties, could do such a thing. They wish aloud that he would listen to his more liberal relations, and stop his pledges to try to overturn a D.C. ordinance signed by its mayor last week to allow gay marriage.

Chaffetz told the Deseret News on Monday that such groups should not hold their breath for that.

“I see my position more as a support of traditional marriage than it is an attack on gay marriage. I think I have a core moral belief in traditional marriage, and I’m willing to stand up and stand tall for traditional marriage,” he said.

Although Chaffetz is a freshman, he is the ranking Republican on the House subcommittee that oversees District of Columbia operations. So he said it is part of that job to announce GOP opposition to the new ordinance, and vow to fight it since federal law gives Congress 30 days to overturn any ordinance passed by the D.C. Council.

“It has led to a whole series of very aggressive personal attacks, but go ahead, I don’t care. It doesn’t phase me much,” Chaffetz said. Many of the attacks draw attention to how his father wrote the book “Gay Reality” about the gay couple of Bill Bartek and Joe Baldassare who gained attention as reality show contestants. And attacks point out Chaffetz’s ties to Dukakis.

But Chaffetz explains, “I am the only member of my family who is a member of The Church of Jesus Christ of Latter-day Saints. I am a convert.” He joined the church two months after he graduated from Brigham Young University, where he had been recruited as a football placekicker.

Because of that church background, Chaffetz said he is more conservative than many in his extended family, although he said it does include both Republicans and Democrats.

“My younger brother Alex is about as conservative as it gets, other than maybe Attila the Hun,” he joked. “My older half-brother (John Dukakis — who changed his last name from Chaffetz to match that of his famous stepfather, Michael Dukakis) is about as liberal as it gets.”

That doesn’t mean that Chaffetz hasn’t sought out the opinion of his half-brother, a former actor who had roles in such films as “Jaws 2″ and in such TV series as “Family Ties” and “Taxi.”

“I showed my brother John a draft of a campaign piece we prepared. And he said, ‘I disagree with everything you say here.’ And I thought, ‘We have success. We must be on to something,’” Chaffetz said.

In contrast, Chaffetz said his father is a “very conservative person,” his book about the gay couple notwithstanding. “I’ve talked to him about some things, but not about this (gay marriage).”

While Chaffetz is not biologically related to Michael Dukakis, Chaffetz said they became well acquainted and spent time together because John Dukakis would spend the school year with Dukakis and John’s mother, Kitty, and the summers with his father and his half-brothers, Jason and Alex, and their mother.

Rep. Chaffetz even headed the Dukakis campaign at BYU in 1988, before his conversions to be a Republican and a Mormon. He said he and Dukakis still keep in close contact, and the former Massachusetts governor has helped him make some Democratic contacts needed to do such things as pass House legislation to ban use of “whole-body imaging” machines at airports.

“One of the interesting phenomena is that Michael Dukakis has been very helpful in opening a lot of doors that wouldn’t have been opened otherwise. Some very liberal Democrats have given me the time of day that wouldn’t normally have done so, particularly some of the people from Massachusetts,” Chaffetz said.

“He (Dukakis) is a passionate believer in good public service, and considers party secondary. He wants to do some things that I could never support, but I respect him,” Chaffetz said. “I talked to him the day before yesterday. We keep in contact.”

But, again, Chaffetz said he believes strongly in defending traditional marriage, and no one should expect differently even if he has some liberal friends and family. “I’m my own guy on this one,” he said.

Still, the Utah Log Cabin Republicans on Monday called for him to change, issuing a statement that it wants him to “get back to tending the issues we sent him to Washington to represent, and stop trying to force others to adhere to his misguided interpretation of what makes a real marriage.”

News Release: I am starting a legal defense fund

Friday, December 4th, 2009

ACTION ALERT
December 2, 2009
Contact: Fred Karger
619-592-2008

I am starting a legal defense fund

Please Get out Your MasterCard – I Need Your Help!

www.FiveforFred.com

It’s been three months since I was subpoenaed by the National Organization for Marriage and Protect Marriage, the official Yes on 8 campaign committee that raised $40 million last year.  They served me with a subpoena on Labor Day weekend as part of their federal law suit to end disclosure of all campaign contributions in California.

In one fell swoop, these rabid opponents of LGBT civil rights want to forever hide the identity of all their donors, and stop me from my pursuit of truth and transparency. They want to continue to raise millions and millions of dollars to ban same-sex marriage while keeping their donors’ names secret.

They want to silence me by dragging me through our costly legal system. They are clearly doing this to harass me and hurt me.  They don’t like the fact that two states, California and Maine, are investigating the National Organization for Marriage due to the complaints that I filed.

www.FiveforFred.com

I have retained a highly regarded California law firm, Stevens, O’Connell and Jacobs to represent me.  I am very fortunate to get such excellent attorneys to go up against the well funded and powerful lawyers on the other side, James Bopp and the Alliance Defense Fund.

I will not be intimidated, but I cannot fight these huge national organizations and their lawyers myself.  I need your help.

www.FiveforFred.com

I am truly a citizen activist.  It is just my laptop and me. I am more committed than ever to gathering and publishing information that is essential to a full and fair debate over Proposition 8 and the forces behind it. But those forces are trying to silence me by making my First Amendment rights too costly to exercise I cannot cover all of the legal bills that will be necessary to fight these mega organizations with unlimited resources.

Some friends and I have set up Five for Fred to help cover my legal expenses in dealing with the subpoena and matters related to it.

I have received a huge outpouring of support these past two months.  Many of you have asked what you could do to help me.

So I am asking you to contribute a minimum of $5.00.  If enough people donate the price of a latte (with tip), it will be a HUGE help.

Please ask your friends and family members to support Five for Fred, too.  Post a link on your Facebook page, tweet, forward to your friends and please send whatever you can to help right now.

www.FiveforFred.com

My hometown City Council of Laguna Beach recently presented me with a Proclamation from the city supporting me, a copy of which is below.  And Cindy Frazier, the editor of the Laguna Beach Coastline Pilot wrote a beautiful and moving front page column detailing my plight, From Canyon to Cove: NOM Calls out Karger.

I am incredibly appreciative of the support I have received, and truly, it has helped me get through this tough time.

Please take a moment to donate to Five for Fred, and remember to forward this request to your friends, family and co-workers.

I am more motivated than ever before. I will continue to fight for our rights, and to draw attention to those organizations, religions, corporations and individuals whose goal is to stop us from attaining full civil rights.

Thank you very much for your help!

Best personal regards,

Fred Karger
Founder
Californians Against Hate
Five for Fred

City of Laguna Beach Proclamation Recognizing Fred Karger

proclamation_425

Click to enlarge

News Release: Extremists' Declaration

Tuesday, November 24th, 2009

FOR IMMEDIATE RELEASE
November 24, 2009
Contact: Fred Karger
619-592-2008

Manhattan Declaration —
Who Are They Kidding?

MANHATTAN, New York — NOM head, Maggie Gallagher, as she puts it, “likes fairy tales.”  This sure sounds like a fairy tale to me, a very scary one.

Once upon a time there were 152 – how should I say it – extremists, all meeting in Manhattan (crazy place for this group to meet).  These 152 zealots drafted, approved and signed their Declaration of War on full civil rights for gay, lesbian, bi-sexual and transgender (LGBT) Americans last week.  They threw in some other societal beefs, just to try and mask the overriding issue, their fervent opposition to same-sex marriage.

One major leader of their movement is missing from the 152 names.

There are NO MORMONS on the list, and several of us read it very carefully.

The Church of Jesus Christ of Latter-day Saints (Mormon Church) has been leading the anti-gay marriage movement in this country for the past 14 years.  They have spent tens of millions of dollars in practically every state ($30 million in California alone last year) to fight equality and to pass constitutional amendments banning same-sex marriage.

So where are the Mormon representatives on this illustrious list?  Are they truly backing off their longstanding opposition to gay civil rights?

To their credit, Michael Otterson, a high ranking Mormon Church official recently testified in support of the Salt Lake City ordinance that would no longer allow discrimination in employment and housing against LGBT people in Utah’s largest city.  While a small step, it has been broadcast around the world.  That’s because the Church, through its Public Affairs Department, got the word out – big time.

Let’s hope the Mormon leadership is truly softening its position on this issue.  It has been a huge PR nightmare for the Church, and one that divides so many Mormon families.  Maybe they will redirect all that time, talent and money to other causes, real problems.

There are plenty of Catholics on this list, however, and some very prominent ones. Two Cardinals and lots of Bishops.  Catholics appear to be the new Mormons in the fight against same-sex marriage.

The Catholic Church has become much more visible as the Mormons have backed off.  Maine Bishop Richard J. Malone and his sidekick, Marc Mutty ran and heavily funded the recent campaign in Maine to take away same-sex marriage in that state. The Roman Catholic Dioceses of Portland (ME) even set up a Political Action Committee (PAC), and gave and raised $553,000 to pass Question #1.  That’s a lot of money, especially when they recently closed 5 churches in Maine.

Now, last week in Washington D.C., the Catholic Church there threatened to stop feeding the homeless if the City Council passes a same-sex marriage bill. Yes, the Catholic Church will stop feeding the hungry!

Here’s what the New York Times editorial said about that yesterday.

National Organization for Marriage (NOM) Chairman Robert P. George authored their new manifesto, along with former Watergate felon Chuck Colson.  They hired a PR firm to publicize the Manhattan Declaration, the Mark DeMoss PR Group in Atlanta.  Their web site identifies them as “the first and largest PR firm exclusively representing faith-based leaders, organizations and causes.” The DeMoss Group promotes itself on www.ManhattanDeclaration.org web site almost as much as its client. Take a look:

The DeMoss PR Group even has a bible covering an American Flag on their web site’s home page:

DeMossNews_425

DeMoss PR Group website

And please read this great story on the Manhattan Declaration by Carlos Santoscoy, Editor of On Top Magazine: Click here

Religious Leaders Unite Against Gay Marriage, Rights

One-hundred and fifty-two evangelical, Roman Catholic and Orthodox Christian leaders have signed a declaration saying they oppose laws that would compel them to recognize gay unions or marriages, among other social issues.

“We pledge to each other, and to our fellow believers, that no power on Earth, be it cultural or political, will intimidate us into silence or acquiescence,” says the Manhattan Declaration: A Call of Christian Conscience.

The manifesto was unveiled Friday at the National Press Club. The document outlines the group’s three most pressing issues, two of which deal with gay rights: abortion, marriage and religious liberties.

“We argue that there is a hierarchy of issues,” Chuck Colson, a prominent evangelical who founded Prison Fellowship and co-authored the document, told the New York Times. “A lot of younger evangelicals say they’re all alike. We’re hoping to educate them that these are the three most important issues.”

Among the signatories are Rev. Donald W. Wuerl, the archbishop of the Roman Catholic Archdiocese of Washington, D.C. and Bishop Harry R. Jackson, Jr.

Wuerl and Jackson are the chief opponents of a gay marriage law expected to be approved by the D.C. City Council on December 1. Wuerl has threatened to pull the plug on D.C. social programs, including serving the homeless and providing health care for the poor, unless the law includes language that allows individuals and private business owners to refuse to provide goods and services related to the nuptials of gay couples.

Jackson founded the Christian-backed group Stand4MarriageDC.com after city leaders approved a gay marriage-recognition law in the spring. His group is currently fighting for the right to put a gay marriage question on the ballot.

The document says, “We will not comply with any edict that purports to compel our institutions to participate in abortions, embryo-destructive research, assisted suicide and euthanasia, or any other antilife act; nor will we bend to any rule purporting to force us to bless immoral sexual partnerships, treat them as marriages or the equivalent.”

The document’s language also takes aim at other gay rights laws, including a recently approved law that adds sexual orientation and gender identity to the list of federally recognized hate crimes and the Employment Non-Discrimination Act, a bill that would ban workplace discrimination against gay men, lesbians and transgender people.

Social conservatives have argued that such measures would have a chilling effect on religious liberties.

Signers to the document include prominent opponents of gay rights, including Frank Schubert, who headed the campaign to reverse gay marriage in California, Alan Sears, president and general counsel of the Arizona-based Alliance Defense Fund, David Welch, the Houston-area pastor leading the charge against mayoral candidate Annise Parker because she is openly lesbian, James Dobson, founder of the anti-gay group Focus on the Family, and Tony Perkins, president of the Family Research Council and a leading opponent of gay rights.

A surprising omission is the Rev. Rick Warren, the evangelical minister whose prayer at the inauguration of President Obama drew heated protest because of his support for Proposition 8, California’s gay marriage ban.

News Release: Maine’s Election Ethics Commission “Eager” to Continue Investigation into NOM's Role

Thursday, November 19th, 2009

FOR IMMEDIATE RELEASE
November 19, 2009
CONTACT: Fred Karger
(619) 592-2008

Maine’s Election Ethics Commission “Eager” to Continue Investigation into the National Organization for Marriage’s Role in Referendum Campaign against Marriage Equality

Augusta, Maine, November 19, 2009 — Californians Against Hate was pleased to learn this morning, at a hearing in Augusta, Maine, that Jonathan Wayne, Executive Director of the Maine Commission on Governmental Ethics and Election Practices, is “eager” to proceed with the commission’s investigation into the role played by the National Organization for Marriage (NOM) in the state’s election held November 3, 2009.

The investigation is the result of allegations of election irregularities leveled by Californians Against Hate founder Fred Karger. The Washington D.C.-based NOM contributed $1.6 million to eliminate marriage equality in Maine — an amount well in excess of the allowable $5,000 “for the purpose of initiating [or] promoting” the people’s veto referendum on same-sex marriage in Maine.

The scope of the investigation, to be conducted by the commission’s staff and Maine’s Attorney General Janet Mills, will include:

  • What fundraising methods did NOM employ to solicit the money that it has contributed to Stand for Mariage Maine PAC?
  • What was NOM’s purpose in soliciting or receiving these funds?
  • What did NOM communicate to the individuals and organizations it solicited?
  • Did NOM receive any contributions within the categories set forth in §1056-B(2-A)? If so, how much was received in these categories?
  • Of the fundraising methods that are presently known (e.g., e-mail solicitations, newsletter), how much did NOM receive in response to these solicitations?

The inquiry may also extend to investigating whether NOM made any expenditures to initiate or to promote the referendum other than by contribution to Stand for Marriage Maine PAC.

Reacting to the commission’s decision, Californians Against Hate Founder Fred Karger, who attended the hearing in Augusta today, said, “I am extremely pleased that the State of Maine Commission on Governmental Ethics and Elections Practices has decided to pursue its investigation with such vigor into potential improprieties on the part of the National Organization for Marriage during the recent campaign in Maine.” In addition, Karger offered his help with the investigation as someone who has been tracking NOM for the past 17 months.

###

Californians Against Hate is the new political watchdog for the LGBT community, and closely monitors all who oppose our civil rights. Individuals and organizations who give millions of dollars to deny LGBT full equality will be held accountable.

News Release – NOM Fires Miss California

Monday, November 16th, 2009

FOR IMMEDIATE RELEASE
November 16, 2009
Contact: Fred Karger
619-592-2008

November 16, 2009

Ms Maggie Gallagher
President
National Organization for Marriage
1100 H Street, NW, Suite 700
Washington, DC 20005

Dear Maggie –

It looks like you fired former Miss California, Carrie Prejean, just like Donald Trump did back in June.

She is no longer on your web site: nationformarriage.org I called your Washington, DC – PR firm, Mary Beth Hutchins at 703-683-5004 ext. 105, but no one was there to tell me why.

What happened to *”the future of our movement, and the future of America,” as you referred to Carrie just two months ago? Was it because she lied again? This time she said in numerous interviews that she “made only one sex tape.” Now it appears to be more like 15 or 20. We just heard that from the guy she met on My Space.

He also said that Carrie asked him to lie and say that she was only 17 when she made the sex tapes. In an interview with TMZ’s Harvey Levin, her ex said that she made the tapes when she was from 19 to 21, so not that long ago like Carrie insists.

Listen for yourself, it’s really interesting how the two stories are so different. Here’s a link: TMZ

Wonder if her attorney, Charles LiMandri, knew that she was asking her ex to lie? That is not looked kindly upon by the California Bar Association.

In the past week, Carrie was uninvited from her speech at the Conservative Capitol Hill Club. Then she kept calling CNN’s Larry King “inappropriate,” and ripped her microphone off on live TV! It’s up on YouTube and has had over 1.5 million visitors so far – huge!

Here’s the link: Larry King

carrie_nom_website_425

NOM website

Why did you take her off your web site?

Did you hear from a lot of your high powered Board of Directors on this? What about your likely creator and largest backer, the Church of Jesus Christ of Latter-day Saints (Mormon Church)? They gotta be uncomfortable with the whole multiple sex tapes thing.
You sure changed your tune, Maggie.

Do you remember what you said when Donald Trump fired Carrie? This is from your press release of June 10, 2009:

nom_small_logo

THE NATIONAL ORGANIZATION FOR MARRIAGE RESPONDS TO THE FIRING OF MISS CALIFORNIA USA CARRIE PREJEAN:

(Princeton, NJ) – Today, the National Organization for Marriage (NOM) issued the following statement in response to the firing Miss California USA Carrie Prejean:

“Hollywood hates Carrie. First they abuse her, then they try to get her to recant, then they threw mud, and now they are doing what they wanted to do from day one: Get rid of Carrie.

This cover story about a contract dispute doesn’t pass the smell test. Americans aren’t fooled that easily. God knows, and we know, the truth about Carrie: She’s a young woman of great beauty who chose truth over the glittering tiara that Hollywood offers,” said Brian Brown, Executive Director for NOM. “Of course they will try to punish her, but we know she will be fine in the end, because her values are in the right place.”

“Hollywood will dance its tribal war dance over her body–the hatred generated against her has been extraordinary–but Carrie will be free to define her own mission and message from now on. Congratulations,” stated Maggie Gallagher, President for NOM.

Guess she’s free again. Looks like Brian and you treated her worse than Hollywood did, and she’s on your side! They gave her a second and third chance. You threw her right under the bus.
I said it before, Maggie I feel sorry for Carrie. She is just a young woman trying to make something of her life.

You and all your friends are not very tolerant of your paid spokeswoman, the star of your commercials, and the future of your movement.

Carrie is not as she appeared, and was very dishonest, but she is only 22 years old. Brian Brown and you should learn from this, and soften your anger towards others, and treat everyone fairly.

Sincerely,

Fred Karger
Founder
Californians Against Hate

* From Maggie Gallagher’s September 18, 2009 introduction of Carrie Prejean, at Tony Perkins and the Family Research Council sponsored Voters Value Summit in Washington, DC.

Maggie declares victory for marriage in Maine

Monday, November 9th, 2009

From the Catholic News Agency: Maggie Gallagher, president of the National Organization for Marriage, comments on Maine´s victorious Question 1, which repealed a legislative act legalizing gay ‘marriage’ in the state.

Letter to Maine Ethics Commission on the National Organization of Marriage from Michael B. Keegan

Friday, October 30th, 2009

From: People for the American Way

October 30, 2009

Mr. Jonathan Wayne
Executive Director
Maine Commission on Governmental Ethics and Election Practices
135 State House Station
Augusta, Maine 04333

Dear Mr. Wayne,

I am writing you concerning misleading and inaccurate statements made by Brian Brown, Executive Director of the National Organization for Marriage, at the Commission’s October meeting pertaining to the disclosure of the organization’s 990 federal tax form. As you are aware, nonprofit organizations such as NOM are required by law to provide a redacted 990 upon request. This requirement is such a basic and widely accepted part of nonprofit management that there is rarely any sort of controversy surrounding the disclosure of 990s. NOM, however, is an exception.

The issue of NOM’s 2008 990 came before the Commission due to testimony by Fred Karger, founder of Califorians Against Hate, and Danielle Truszkovsky, a Florida-based political columnist. Both testified that NOM had refused to provide a copy of the 990. Mr. Brown, in response, categorically rejected the claims of Mr. Karger and Ms. Truszkovsky and testified that NOM had faithfully complied with federal disclosure requirements. However, the facts simply do not support Mr. Brown’s testimony.

NOM, according to Mr. Brown, filed its 2008 990 with the IRS on August 14, 2009 — one day before the August 15 deadline for groups, including NOM, that filed for an automatic extension. Per IRS regulations, the 990 “must be made available from the date it is required to be filed” — in this case, August 15. Yet when Lou Chibbaro, a veteran political reporter for the Washington Blade, interviewed Mr. Brown the following week and requested the 2008 990, Mr. Brown “promised to release to the Blade NOM’s 2007 IRS 990 finance reporting form and said the group would also release its 2008 990 form as soon as it completes its processing.” On August 28, Mr. Chibbaro visited NOM’s DC office and delivered a written request for the 990s. Mr. Brown called him back that day and informed him that his staff was still at work “processing” the form.

However, there is no such thing as a “processing” period beyond the filing deadline during which time an organization can refuse to disclose its 990. Furthermore, Mr. Chibbaro never received the 2008 990, nor was he notified when NOM suddenly posted the 990 on the web in the days leading up to the October Commission meeting.

Ms. Truszkovsky had a similar experience. She visited NOM’s DC office on September 1 and met personally with Mr. Brown. When she requested the 2008 990, she was told that it was not available. Ms. Truszkovsky never received the 990 from NOM and was also not notified when the form was posted online. Additionally, a representative of Californians Against Hate submitted a request via certified letter to NOM’s offices for the 990s, with the same outcome.

The experiences of these three individuals — and most likely others — directly refute Mr. Brown’s testimony. Mr. Brown said in response to Mr. Karger that it “is simply not the case” that “we refuse to disclose our financial records.” In response to Ms. Truszkovsky, he said “in fact, when journalists have asked, we’ve gotten [990s] out to them. At the time that some have requested our 2008 990, it wasn’t filed. So we cannot provide something that has not yet been filed.

“Then, when asked by Commissioner Walter McKee whether NOM’s 990s had been “provided every time it’s been asked for,” Mr. Brown said the following: “Many of these requests, if not all of them, included our 2008 990, and so once we had filed that, we would get all of the documents to them. Could some have been a little later than the 30 day window? Yes, if we did anything like that it would just have to do with the amount of processing.” He continued, “whenever we’ve been asked, we’ve attempted to comply, and mail them out, we’re not trying to hide them, we know our obligations, and we follow them.” Finally, in response to a question from Commissioner André Duchette, Mr. Brown replied that NOM was continuing to “comply if people write us letters before that time in sending them the 990 through the mail.

“But NOM did none of the above in response to multiple requests for the 2008 990. Ms. Truszkovsky and Mr. Chibbaro personally requested the 990 from Mr. Brown, and Mr. Chibbaro and Californians Against Hate requested the 990 in writing. Yet they never received the form, nor did NOM even notify them when the 990 was posted online. This does not appear to be an accident or an isolated instance of carelessness on the part of NOM. Indeed, the evidence clearly points to a concerted effort to conceal the organization’s finances for as long as possible and then to conceal the effort from the Commission.

We do not know what NOM hoped to gain by its actions, but this incident raises serious questions about NOM’s operations and leadership. We would therefore encourage the Commission to review and investigate the veractiy of Mr. Brown’s testimony.

Sincerely,
Michael B. Keegan
President
People For the American Way

CC: Commissioner Walter McKee
Commissioner André Duchette
Commissioner Michael Friedman
Commissioner Francis Marsano
Commissioner Edward Youngblood

News Release: Federal Judge in Maine – NOM Must Abide by Election Law

Wednesday, October 28th, 2009

FOR IMMEDIATE RELEASE
October 28, 2009
CONTACT:
Fred Karger 619-592-2008

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NOM Heads — Brian Brown (right) Administers a Lie Detector Test to NOM Chairman, the Infamous Maggie Gallagher (left)

NOM Must Report Contributors

AUGUSTA, MAINE – Californians Against Hate applauds the Federal Court and Justice D. Brock Hornby for its decision today upholding the Maine election law, and ruling in favor of truth and transparency.

The Washington, DC based National Organization for Marriage (NOM) challenged the law while it is under investigation by the Maine Ethics Commission for financial improprieties, reporting violations and money laundering. NOM is the biggest donor by far to Yes on 1, which would ban the recently enacted same-sex marriage law in the Pine Tree state. NOM gave 60% of the $2.6 million raised so far, but wants to keep its contributor’s names secret. Question 1 will be voted on next Tuesday, November 3rd.

NOM Shows Its True Colors

“In over 30 years in politics, I have never seen such a blatant disregard for the law as Maggie Gallagher and Brian Brown are doing in Maine,” said Fred Karger, founder of Californians Against Hate. “They are up to their old tricks. They did the same thing in California when their apparent creator, the Church of Jesus Christ of Latter-day Saints (Mormon Church) became the target of an investigation by that state’s Fair Political Practices Commission (FPPC). The FPPC began an unprecedented investigation of the Salt Lake City based Church (Case #08-735), and the National Organization for Marriage nearly one year ago. NOM sued every top election official in California in order to keep the contributors to last year’s Proposition 8 secret as well.”

Californians Against Hate asked the Maine Ethics Commission to investigate NOM in a formal request sent on August 24, 2009 to investigate the National Organization for Marriage. NOM had failed to disclose the names of any of its contributors as required by state law. Fred Karger and political columnist Danielle Truszkovsky testified in support of an investigation at the commission hearing in Augusta on October 1, 2009. The Commission voted to investigate NOM at that meeting. NOM’s reaction: sue Maine!

Assistant Attorney General Phyllis Gardiner represented the Ethics Commission before Justice Hornby stated, “The compelling interest for the public is to know whose spending money to influence their vote. Voters may want to know whether they are being lobbied by people from within or outside Maine.” Gardiner said the lawsuit is the first challenge of the state’s requirement for ballot question committees to register and report contributions.

The state law requires anyone raising or spending more than $5,000 on a ballot question in Maine to disclose anyone who contributed more than $100 for that purpose. All other organizations are complying with the law.

“The statute doesn’t restrict in any way what they can raise or what they can spend. It doesn’t restrict political speech in any way. It’s simply about reporting after the fact how much you spent or raised for the purpose of influencing the vote in Maine,” Gardiner says.

Violations can lead to fines, and, in the most extreme cases, a small amount of jail time.

Concluded Karger, “NOM was well aware of Maine’s longstanding reporting requirements and election law before it went charging up there to put this referendum on the ballot. From day one they tried to hide the source of their funds, and then sue the state when they got caught. They think that they are above the law, and today we saw that is not true.”