Minnesota: NOM's latest target

The National Organization for Marriage has its eyes on the Midwest with a new $200,000 television and radio advertising campaign directed at Minnesota, where the group fears nuptials for gays and lesbians could soon prove a reality.

As part of their effort, NOM, in association with the Minnesota Family Council, has backed Tom Emmer, the controversial Republican gubernatorial candidate whom Target indirectly supported. The radio advertisement, which hit the airwaves earlier this month, points out Emmer's opponents-Democrat-Farmer-Labor candidate Mark Dayton and Independent Tom Horner-as marriage supporters.

A lawsuit three same-sex couples filed earlier this year in the Hennepin County District Court challenges the state's "defense of marriage" act as unconstitutional.

"Marriage in Minnesota is under attack," says the ad. "Tom Emmer wants to preserve marriage as the union of one man and one woman... Emmer believes that Minnesota voters should have the final say on marriage, just as voters in 31 other states have done ...When the candidates for governor ask for your support, ask them if they will guarantee your right to vote on marriage."

NOM also issued mailers criticizing gay Republican former Sen. Paul Koering for "dat[ing] gay escorts/porn stars" and supporting marriage shortly before the Aug. 10 primary. Koering subsequently lost his Senate seat to Paul Gazelka and has chosen to leave politics.

Despite Koering's loss, LGBT leaders in Minnesota say they're unsure if NOM's attacks on Dayton and Horner will resonate with voters. Emmer has consistently trailed Dayton in the polls by at least 10 percentage points.

"It's generally too soon to tell if these tactics are working," said Andy Birkey, a reporter with the Minnesota Independent who has closely followed NOM's recent intervention in the state's political races, including three sparsely-attended stops-the most of any state-during its "Summer for Marriage" tour. "I think if the first round of ads were effective, Dayton's lead would be less or non-existent. It also doesn't seem that NOM is picking up that much support in the state."

Beyond questions of the ads' effectiveness, many activists have raised questions surrounding the legality of NOM's advertising. When the New Jersey-based organization becomes active in a political issue outside of its state's borders, the issue enters into a legal gray area. Minnesota law mandates any group spending more than $100 to support or oppose political candidates need to register with the state. And while NOM has not done that, some say their ads' specific wording has found a loophole by avoiding phrases like "vote for" or "vote against".

"It's unclear whether NOM is following Minnesota's laws," said Birkey. "They've gone as close to the legal line as possible. Have they gone over? I'm not qualified to say, but I've heard several opinions that lean both ways."

The legality of NOM's political advocacy has already been challenged in three other states, including Iowa, California and Maine as EDGE previously reported. On Aug. 19, U.S. District Court Judge D. Brock Hornby upheld the vast majority of that state's campaign finance laws despite a challenge from NOM, which reportedly spent nearly $2 million to support the repeal of the Pine Tree State's law that had allowed gays and lesbians to marry.

NOM has argued it should not be required to disclose their donor information for fear of harassment from LGBT activists. The group will pursue an expedited appeal of Hornby's ruling to the U.S. First Circuit Court in Boston. And NOM has pledged to continue their efforts to influence the results of this fall's election in Maine.

"No other 501(c)4 is obligated to disclose the names of donors and the demand by government officials in Maine that we expose our donors was an outrageous violation of all Americans [sic] constitutional rights," said NOM president Brian Brown in a press statement earlier this year.

Betsy Smith, executive director of Equality Maine, told EDGE she was happy with Hornby's ruling to uphold the state's campaign finance laws, but remains skeptical of NOM's willingness to abide by them.

"They try to change the rules to fit what they want to do or don't want to do, but it is not their community that has to worry about harassment or hate violence," she said. "If you're going to participate in this state's politics, you've got to follow the rules."

Smith added she hopes legal backlash against NOM's campaigns nationwide will continue to be felt, and Maine voters and others around the country will support pro-equality candidates.

"I'm hoping these court cases will stop NOM from coming into all of our states and communities while telling our neighbors how to vote against their neighbors, our families how to vote against other families," said Smith. "I really hope they will put a stop to NOM because this just isn't right."