LGBT equality

Religious Right Leaders Defend Russia's Anti-Gay Law

As Miranda reported earlier, House Speaker John Boehner’s office stepped in to provide space to the anti-gay Howard Center for Family, Religion & Society for its symposium on what Americans should learn from other countries when it comes to “family policy.” Sen. Mark Kirk, who had originally sponsored the group for a room, withdrew his support last night saying he doesn’t affiliate with groups that discriminate.

The Howard Center’s Allan Carlson, who described himself as a historian by training, saw fascism at work: “The parallel I see here is what happened in Italy, Germany, other lands in the 1920s and 1930s as fascism began to impose its fear-driven grip on debate, on conversation, and on policy-making.”

[UPDATE: Concerned Women of America has posted videos of the event]

Janice Crouse of Concerned Women for America boasted about having been a speaker at all but one of the World Congress of Families summits – annual events organized by the Howard Center and attended by conservative religious activists from around the world. Crouse acknowledged that “things don’t look so good” to activists watching the advance of same-sex marriage in Europe and the U.S., and public opinion in many countries shifting to “quote LGBT rights.”  But, she said that’s not the whole story, and praised countries that have outlawed gay marriage and other groups of citizens who are “with the help of God” changing the world.

Crouse is particularly excited about what is happening among opponents of marriage equality in France, which she portrays as a “David v. Goliath” battle of plucky pro-family activists fighting the French government and media. She mentioned activists in Spain, Trinidad & Tobago, and Nigeria. She encouraged the small number of attendees to “take heart” and count on the power of truth and faithfulness.

Austin Ruse, the enthusiastically anti-gay head of the Catholic Family & Human Rights Institute, devoted much of his remarks to supporting Russia’s new anti-free-speech and anti-gay propaganda law.  He read from a statement of support from “pro-family groups” defending Russia’s new law. The letter claims that “the Russian law protects the innocence of children and the basic rights of their parents recognized in the international legislation and treaties.”  More from the letter:

With its new law Russia is protecting genuine and universally recognized human rights against artificial and fabricated “values” aggressively imposed in many modern societies….We thus call for respect of the sovereignty of the Russian people and we invite all organizations and people who feel responsible for the protection of the innocence of children and their rights, the natural family and parental rights to stand up for Russia, as well as for Ukraine and Moldova suffering the same pressure due to similar laws.

Ruse, who has been spending time in Russia to prepare for the World Congress of Families 2014 summit, being held in Moscow, said western LGBT rights advocates were guilty of overheated rhetoric and “propaganda” about the status of gays in Russia. He saw gays everywhere in Moscow! They can enjoy themselves “hassle-free” at clubs.  Russians, he said, accept that homosexuality exists, but they believe the political movement to celebrate and regularize it is harmful to children.

Speakers actually seemed envious of Russia in some ways.  Ruse said that with the resurgence of the Russian Orthodox Church, “Christians over there are truly dominant.” In the U.S., though, there is “an increasingly hostile atmosphere toward people with traditional values” and a “vicious totalitarianism that is loose in the land.” And “there’s more trouble coming” with the Employment Non Discrimination Act.  Crouse said American gay-rights activists are “turning into thugs who are destroying freedom of speech, destroying religious liberty.” It’s very “refreshing,” she said, to see that’s not the case in other countries.

Ruse acknowledged that anti-gay violence and thuggery is a problem in Russia. He denounced such violence and said he has urged Russian officials to do more to stop it. But when he was asked whether the conversation about the anti-gay propaganda law and protecting children from gay people might encourage such violence, he said anti-gay violence in Russia has been going on for a long time and didn’t think the new law was to blame. And he said blaming religious conservatives for creating a climate of hate is a tactic of gay-rights groups, a “maneuver to silence people.” 

Carlson said he cuts Russia a lot of slack because the country is “trying to put decent moral society back together” after both Communism and some of the “bad things” – like a “libertine approach to sexuality” – that poured into Russia from the west after the fall of Communism.

Religious Freedom Anniversary Highlights Divisions Among Current and Former Allies

A symposium on the 20th anniversary of the Religious Freedom Restoration Act hosted by First Amendment advocate Charles Haynes at the Newseum in Washington D.C. on November 6 demonstrated one premise of People For the American Way Foundation’s 12 Rules for Mixing Religion and Politics – that people who support a core constitutional principle like religious liberty can disagree with how that principle should be applied. In recent years, religious conservatives have increasingly charged that those who disagree with them on this line-drawing are tyrannical enemies of faith and freedom.  The RFRA anniversary was a reminder that, as Bill Moyers wrote in his introduction to the 12 Rules, “We can simultaneously share a strong commitment to religious liberty, while disagreeing over the application of that principle in a given circumstance.”

In fact, an almost unimaginably broad coalition worked to pass RFRA in 1993, including People For the American Way and the ACLU, the National Association of Evangelicals and Concerned Women for America, and a huge array of religious and civil rights groups.  Also unimaginable in our political climate: RFRA passed the Senate 97-3 and the House unanimously by voice vote. But divisions within the coalition developed just a few years later and persist today.

RFRA was a response to the Supreme Court’s 1990 Smith decision in a case involving Native Americans who were denied unemployment benefits because they had violated state anti-drug laws through the sacramental use of peyote.  The Court ruled that as long as the law in question was applied generally and not designed to target a particular religious practice, there was no real recourse for people whose exercise of religion was restricted. The decision toppled long-standing precedent and left advocates for religious liberty deeply concerned that religious minorities would suffer if there were no legal requirement for reasonable accommodation of their beliefs.

RFRA states that if a law places a substantial burden on a person’s exercise of religion, the government must demonstrate that the law is serving a compelling interest and does so in the least restrictive way. In 1997, the Supreme Court upheld RFRA as it applies to the federal government, but not to the states.  Efforts to re-mobilize the RFRA coalition to pass a new law failed when civil rights advocates feared that a broad standard could be used to undermine state civil rights laws such as laws against discrimination based on sexual orientation.

Oliver Thomas, a co-chair of the original RFRA coalition, said it is not surprising that RFRA gets less popular as it gets older and its “majestic generalities” get applied in contentious cases. Organizations that were allies in passing RFRA are now on both sides of political and legal disagreements about how its standards should apply in a variety of situations, including the mandate under the Affordable Care Act that insurance plans include contraception, the proposed Employment Non Discrimination Act that just passed the Senate, and the advance of marriage equality.  Even among ENDA’s backers there are disagreements about the nature and extent of religious exemptions in the bill.

The first part of the anniversary symposium, which included PFAW Foundation Board Member Rabbi David Saperstein, presented an insider view of RFRA’s history: the development of the RFRA coalition, the politics of writing the law and building congressional support.  One historical tidbit: coalition members had to work hard to overcome objections raised by the U.S. Conference of Catholic Bishops, who feared the law might somehow give a weapon to their opponents on abortion rights issues.  Rep. Henry Hyde told coalition members that the bill would not move until they addressed the bishops’ concerns.

That history is particularly interesting given that conservative Catholics are now using RFRA to challenge the contraception mandate.  A discussion of the contraception mandate in the Affordable Care Act featured Lori Windham from the Becket Fund for Religious Liberty, which represents a number of companies, business owners, and organizations challenging the mandate, and Dan Mach of the ACLU Program on Freedom of Religion and Belief, which argues that the contraception requirement does not substantially burden the religious freedom of business owners, and that the Obama administration’s accommodation for religious organizations is more than sufficient.  Mach noted that while religious liberty is fundamental, it is not absolute, and should not be used to infringe the rights of others. 

Another issue discussed by the panelists was whether RFRA protects for-profit corporations – not the owners, but the corporation itself as an entity.  Some of the panelists discussing RFRA’s history agreed that conversation about violations of religious liberty were focused on individual people, not for-profit corporations, though some said the debate on RFRA and related laws assumed that companies would be covered.  The Becket Fund’s Windham made a case for including such corporations with RFRA’s protections, saying constitutional rights shouldn’t depend on your tax status. The Constitutional Accountability Center has argued otherwise.

Doug Laycock, a University of Virginia law professor, is among the most prominent legal scholars on religious liberty.  He finds himself positioned on differing sides in various culture war battles. Just a day before the anniversary symposium, Laycock argued before the Supreme Court, representing people who are challenging the practice of sectarian prayer at city council meetings in the Town of Greece case.  In that case he stood with advocates of strong church-state separation. On other issues, such as whether a business owner should have the right not to provide services related to a same-sex wedding, he stands with religious conservatives who are pushing for broad religious exemptions to anti-discrimination laws.

Laycock dismissed right-wing charges that the Obama administration is waging a war on religious liberty. He said the administration has gone to “remarkable lengths” to accommodate religious organizations on the contraception mandate and said he doubts that opponents will be able to convince judges that the current rule creates a substantial burden under RFRA. Obviously, the Becket Fund and other Religious Right legal groups and their clients strongly disagree. Later this month the Supreme Court will consider whether to accept for consideration four cases involving for-profit companies challenging the mandate. Cases involving non-profits have not advanced as far.

A panel on other current controversies placed them in the context of increasing religious pluralism in America, including the rapid growth of “nones” – people who claim to religious affiliation.  One panelist noted that religious and civil rights groups can still find common ground in opposition to laws targeting religious minorities, as many did in opposition to Oklahoma’s anti-Sharia law, which was found unconstitutional earlier this year. But it should be noted that some Religious Right groups have in fact backed such laws, and some opposed the building of the Islamic community center in New York that was deceptively dubbed the “Ground Zero Mosque.”

Laycock worries that culture war battles are weakening Americans’ commitment to religious liberty.  He faults conservative religious groups for continuing to fight legal marriage equality for same-sex couples. But he also believes LGBT rights advocates should be more willing to accept broad religious exemptions. Laycock said that conservatives’ dug-in resistance to equality diminishes the incentives for gay-rights activists to accommodate them.  The challenge, as he sees it: on issues of sexual morality, one side views as a grave evil what the other side views as a fundamental right.  In that climate, tens of millions of Americans believe that “religious liberty” empowers their enemies, and neither side is willing to embrace what Laycock considers “live and let live” solutions.

Marc Stern of the American Jewish Committee agreed with Laycock’s concerns about a winner-take-all approach to religious freedom issues, which he said reflects the broader political climate.  But the courts will continue to undertake the balancing act required by the Constitution and by RFRA when constitutional principles come into tension.  And, he said, once the courts work through issues regarding contraception and LGBT equality, we will all still need to grapple more with larger cultural and legal questions, such as those involving the growing number of nonbelievers who are reshaping America’s religious landscape.

The anniversary symposium, “Restored or Endangered? The State of Religious Freedom,” was sponsored by The Baptist Joint Committee for Religious Liberty, Christian Legal Society, American Jewish Committee, Religious Action Center of Reform Judaism, Union of Orthodox Jewish Congregations, Becket Fund for Religious Liberty and Religious Freedom Center of the Newseum Institute.  

PFAW Foundation

Hawaii to Become Marriage Equality State

At the beginning of last year, freedom to marry for same-sex couples was the law of the land in only six states and DC. Now, in less than a two-week span, Illinois and Hawaii have become the 15th and 16th states set to join a fast-growing list.

State senators in Hawaii today gave final approval to a marriage equality bill, and Gov. Neil Abercrombie has said he will sign it into law. Following his signature, same-sex couples will be able to marry in Hawaii beginning Dec. 2. Civil unions have been available since January of last year, and The Advocate reports that it will be possible to convert those unions into marriages online if couples so choose.

Today’s news is not only a major victory for committed couples in Hawaii, but also an exciting step in the march toward equality nationwide.
 

PFAW

Our ENDA mission started with Senator Kennedy

Eighteen years later, five after his passing, we are still working to complete the mission that Senator Kennedy laid before the nation. We are keeping the pressure on all of Congress to pass ENDA. The time is now!
PFAW

Where is Speaker Boehner hiding all the good bills like ENDA?

Senators who stood on the right side of history and voted for passage should be thanked. Senators who stood with anti-gay extremists should hear your disappointment. There are more instructions here and here, and you can always reach them by dialing 202-224-3121. As we move on to the House, if you have not added your name already, sign our petition now to keep the pressure on all of Congress to pass ENDA. The time is now!
PFAW

Scenes from today's ENDA debate - final votes tomorrow

The final Senate votes on ENDA will take place tomorrow, starting at 11:45 am EST. Now is your last chance to call your senators. There are more instructions here and here, and you can always reach both of them by dialing 202-224-3121. Don’t forget to sign our petition. The time is now – say yes to common sense and no to anti-gay extremists – pass ENDA!
PFAW

Scenes from the floor on the second day of ENDA debate

Today's speeches have already begun, and amendment votes are also in progress. Please keep calling the Senate. There are more instructions here and here, and you can always reach both of your senators by dialing 202-224-3121. Don’t forget to sign our petition. The time is now – say yes to common sense and no to anti-gay extremists – pass ENDA!
PFAW

Scenes from the floor on the first day of ENDA debate

From letters to alerts and more, the entire PFAW family has been working on ENDA. We still need your help. Please keep calling the Senate as this week's debate continues. There are more instructions here and here, and you can always reach both of your senators by dialing 202-224-3121. Don’t forget to sign our petition. The time is now – say yes to common sense and no to anti-gay extremists – pass ENDA!
PFAW

Why We Need ENDA

Guest post by Enbar Cohen, City of Aventura Commissioner and member of affiliate People For the American Way Foundation’s Young Elected Officials Network.
PFAW

Senators Pryor and Manchin join list of ENDA supporters, contact your senators now

ENDA and workplace fairness for all have a clear majority on their side, but every vote is still critical. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
PFAW

Senator Nelson cosponsors ENDA, leaves 3 votes to go, contact your senators now

Every vote will be critical to passage. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
PFAW

Leader Reid announces ENDA vote – contact Senate now

Every vote will be critical to passage. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.
PFAW

Put this toolkit to good use and call your Senators today, "pass ENDA now!"

The government may be shut down, but Congress is still on the job, and we need to show them that they need to get back to work not only on the budget but on all of the urgent issues that we care about.
PFAW

PFAW Releases New Toolkit on the Employment Non-Discrimination Act

First introduced in 1994, ENDA has been introduced in every subsequent session of Congress except one, including its introduction this April by a bipartisan group of lawmakers in the House and Senate. Advocates in Congress and on the ground believe that the growing momentum surrounding LGBT equality should help ENDA move forward this year.
PFAW

Employment Non-Discrimination Act: Judging Employees by Their Work Performance, Not by Who They Are or Who They Love

First introduced in 1994, ENDA has been introduced in every subsequent session of Congress except one, including its introduction this April by a bipartisan group of lawmakers in the House and Senate. Advocates in Congress and on the ground believe that the growing momentum surrounding LGBT equality should help ENDA move forward this year.

New Poll Finds “Overwhelming Support” for ENDA

An “overwhelming majority” of Americans support federal legislation protecting LGBT people from workplace discrimination, new data from Republican pollster Alex Lundry finds – including a majority (56%) of Republican voters.  In fact, the Employment Non-Discrimination Act (ENDA) is so in keeping with basic American values that eight in ten people think that it is already on the books, according to the poll.

While past polling has shown that most Americans support workplace protections for LGBT people, this poll sought to gauge support levels across all fifty states specifically for federal legislation:

An innovative statistical modeling method…allows us to estimate support for ENDA in all 50 states by combining data from our national survey with state level census data. The result? We estimate that across all 50 states a majority of voters support passing federal nondiscrimination protections.

Politico’s Maggie Haberman writes that the new data comes as Senate Majority Leader Harry Reid seeks more Republican support for the bill and as advocates urge Congress to move it forward this fall.

As we have noted in the past, passing ENDA is simply common sense.  Employees should be evaluated on how well they do their job, not on who they are or who they love.  And as poll numbers increasing show, Americans from all parts of the country of all political stripes agree.

PFAW

The Scandal Cuccinelli Can't Dodge: His Extremist Positions

Virginia Attorney General Ken Cuccinelli wants to be the state's next Governor. But he has been dogged by an ethics scandal involving gifts he received from the head of a company that has sued the state. So last week, Cuccinelli tried to put the issue to rest by saying he'd contribute $18,000-the value of his questionable gifts-to a medical charity, saying, "I'm trying to wipe the slate clean here so we can focus on what's gonna matter in people's lives in Virginia in the next four years."

Of course, Cuccinelli's contribution doesn't magically wipe away questions about his character. And there's plenty of other evidence for Virginians to consider about the character of his record, and what four years of Cuccinelli as governor could do for -- or rather to -- the state.

Cuccinelli says his campaign is focused on jobs and the economy, but his extreme record as a state legislator and attorney general makes it clear that he considers himself commander-in-chief of the Religious Right's culture warriors.

He has bullied members of the Board of Health into adopting his anti-choice extremism. He has smeared and tried to defund Planned Parenthood. He even slams comprehensive sex education programs. As the Washington Post noted this week, he "was instrumental in ensuring that new regulations will result in the closure of many of the state's abortion clinics."

As a state senator, Cuccinelli was one of a handful of sponsors of an unconstitutional "personhood" bill that would have criminalized many common forms of contraception. Cuccinelli hasn't disavowed his support for "personhood" bills or their goal of making abortion illegal. But as a candidate for governor, he is trying to distance himself from the effects such legislation would have on women and families in Virginia. He claims that such legislation, which would grant legal rights to an egg at the moment it is fertilized by a sperm, wouldn't interfere with access to birth control. He is not telling the truth.

Here's another reminder of what kind of governor Cuccinelli would be: one of his first steps as Attorney General was to tell Virginia's public colleges and universities that they had to abandon policies against anti-gay discrimination. He reversed a legal opinion by his predecessor in order to prevent same-sex couples from adopting children. He refused to support repeal of the state's unconstitutional anti-sodomy law. He argues that consensual sex between gay adults is a detriment to society and should be illegal. As a state senator, he even opposed legislation that permitted private companies to voluntarily extend health benefits to employees' domestic partners.

Cuccinelli is also a champion of the Tea Party's anti-government extremism. He calls President Obama a tyrant. He filed suit against the Affordable Care Act five minutes after it was signed into law, a self-aggrandizing publicity stunt. He has falsely told people that under the law the government could send people to jail for not buying insurance. He even slams safety net programs like Social Security, Medicare, and Medicaid for making people dependent on government. 

There is seemingly no right-wing fringe to which Cuccinelli will not pander. He has used the power of his office to harass scientists in a climate-change-denying witch-hunt. He has called for a constitutional convention to rescind 14th amendment birthright citizenship. He said he was considering not getting his infant son a social security number because it was being used to track people. He flirted with birtherism.

And this week, he celebrated Constitution Day by appearing with right-wing radio host Mark Levin. Levin is an anti-union, anti-environmental-regulation, anti-public-education activist who rails against "establishment" Republicans and calls President Obama a Muslim Brotherhood sympathizer. In 2007, Levin's Landmark Legal Foundation nominated Rush Limbaugh for the Nobel Peace Prize.

Cuccinelli is an example of the strong political coalition that has been made between right-wing Catholics like himself and conservative evangelicals, including Virginia-based powerhouses like Falwell-founded Liberty University and Pat Robertson's broadcasting empire. Cuccinelli has criticized people, like President Obama, who support marriage equality for thinking they "know better than God." And he says homosexual behavior is "intrinsically wrong" and destroys people's souls and shouldn't be allowed in a "natural law based country."

Cuccinelli has clearly aligned himself with the far right within the Catholic Church and, like Paul Ryan, opposes the Church's advocacy on behalf of anti-poverty programs. He hasslammed the Catholic bishops for advocating for government assistance for the poor, saying that has "created a culture of dependency on government, not God." He complained that the archdiocese of Arlington, Virginia included issues like poverty, hunger, and health care on a voting guide without making clear that they, in Cuccinelli's opinion, are clearly less important than abortion.

Cuccinelli has convinced the Religious Right that he's their guy. That's why Rick Santorum has endorsed him and the Family Research Council's PAC is helping him raise money. 

But if Ken Cuccinelli wants to convince Virginia voters that he's not going to govern as a right-wing culture warrior, he'll have to do more than trying to "wipe the slate clean" on his ethical standards. He'll have to erase from the public record his own extreme record. And that will be a lot harder than writing a check.

(also posted at Huffington Post)

PFAW

Scalia Claims Courts "Invent New Minorities"

Scalia tells the Federalist Society that "it's not up to the courts to invent new minorities that get special protections."
PFAW Foundation

PFAW Calls Target’s $50K Donation to a Group Supporting Anti-Gay VA Candidate Ken Cuccinelli “Disappointing”

WASHINGTON – In response to the revelation that Target Corporation gave a $50,000 donation this year to a group supporting anti-gay Virginia Attorney General Ken Cuccinelli’s gubernatorial campaign, People For the American Way President Michael Keegan released the following statement:

“This is a disappointing move from a company that vocally supports LGBT rights. Last year, Target put out a line of gay pride t-shirts and the company has gone out of its way to talk about its commitment to LGBT families.  But through the Republican Governors Association, Target is supporting one of the most extreme anti-gay candidates in the country.  Gubernatorial candidate Ken Cuccinelli has worked to rescind non-discrimination policies covering sexual orientation, favors turning back the clock by reinstating sodomy laws, and believes that being gay ‘brings nothing but self-destruction, not only physically but of their soul.’ If Target wants to be seen as a pro-equality company, it is going to need to rethink its contributions to groups supporting virulently anti-gay candidates.”

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