Brian Brown, president of the National
Organization for Marriage (NOM), has described a recent ruling
upholding Puerto Rico's ban on gay marriage as “a breath of fresh
air.”
U.S. District Judge Juan M.
Perez-Gimenez is the second federal judge since the Supreme Court
struck down a key provision of the Defense of Marriage Act (DOMA)
last year to uphold such a ban. Last month, a
federal judge upheld Louisiana's ban.
In his 21-page ruling, Perez-Gimenez
cited a 1971 Supreme Court case that left Minnesota's ban on same-sex
marriage in place. He said Baker v. Nelson set a legal
precedent that all lower courts must follow and went on to suggest
that allowing gay couples to marry could lead to other challenges.
“Ultimately, the very survival of the
political order depends upon the procreative potential embodied in
traditional marriage,” he
wrote.
Perez-Gimenez acknowledged that most
courts have decided that other cases, in particular the high court's
2013 decision striking down DOMA, have undermined the Baker
precedent.
“The clear logic and devotion to the
truth, and the dedication to the integrity of our legal system, are a
breath of fresh air compared to so many other errant decisions that
have been issued over the past few months,” Brown said in a
blog post before asking for a contribution.
On
Monday, Ted Olson, who successfully argued the challenge to
California's gay marriage ban, Proposition 8, said he was certain the
ruling would be reversed on appeal.
(Related: Ted
Olson: US has passed “point of no return” on gay marriage.)