Homosexuality Archives

Voting With Their Feet

Parishioners in the Episcopal Church USA are bailing out.

More than 60% of dioceses in the Episcopal Church USA suffered double digit decline in Average Sunday Attendance from 1997 to 2007 with predictions that the figures will only escalate in 2008 with even greater hemorrhaging.

An official report, drawn from the Episcopal Church’s own figures, shows that the Episcopal Church drew 841,445 Episcopalians in 1997, but in 2007 that figure was 727,822, a drop of 113, 623. In 2008 the estimated loss is about 1,000 Episcopalians weekly. With whole dioceses leaving, that figure could well reach 1,200 now that a new North American Anglican Province has been formed. Recently, nearly 7,000 Episcopalians left the Diocese of Ft. Worth.

More numbers at the link.  The report also notes what the reason is.

All indicators are that the losses will only increase in 2008. More parishes will leave as the new Anglican Province in North America takes shape. There is now overwhelming evidence that the consecration of V. Gene Robinson, a non-celibate homosexual to the episcopacy, has been a huge net loss to the church. His much vaunted "God is doing a new thing" is emptying, rather than filling churches. The Diocese of New Hampshire lost 12% of its parishioners between 2003-2007 and a further 6% in 2006-2007. Losses are expected to escalate in 2008.

Parishioners are standing up for what they believe is right…and walking out. 

Post-Vacation Catch-up Links

During my Thanksgiving vacation, I didn’t do any blogging but I did still read the news.  I’ll have long posts about some of the items later on, but just wanted to do a quick hit of some bits I found interesting:

* Tying up some loose ends, the state agency director that pried into Joe "the plumber" Wurzelbacher’s confidential information will be punished, if by "punished"  you mean "one month unpaid leave".  I think that qualifies more for "lightly tapped on the wrist". 

* The singles dating service eHarmony had chosen not to match same-sex couples.  The reason shouldn’t matter, as its a private business, but psychologist Neil Clark Warren, who started the site, had done his personality studies on heterosexual couples and didn’t think that, scientifically, he could extrapolate his findings to homosexual couples.  Disagree if you want, but it was his business and he can run it the way he wants to.

Well, perhaps not.  eHarmony has just caved to a lawsuit by a gay man, and now has a new site for same-sex matches.  Coming next; meat-eaters suing vegetarian restaurants.  So much for "tolerance".

* Archaeologists have found new evidence that they have indeed found King Herod’s tomb

* A funny little list that has made the rounds on why public schooling is better than homeshooling.

* Opposition parties gained ground in Venezuela against Chavez. 

* Academia’s assault on Thanksgiving is descending into self-parody, where a pair of public schools decided to stop a long-standing tradition of having kids from one school dress up as pilgrims and the other as American Indians and come together for Thanksgiving.  When opponents of this celebration of a very bright spot in our nation’s history protest it with signs saying "Don’t Celebrate Genocide", you know that either they are just full of anger or are simply products of the public education system.  Or both.

* Academia’s assault on Christmas is descending into self-parody (sensing a trend here?) with one school banning, not just Jesus, but even Santa.  When Jews and Wiccans are standing up for Christmas, you know you are light-years over the line.

* Salvation Army bell-ringers considered noise pollution?  Now, while I rang those bells as a kid growing up, and even in college, I just gotta’ say that this is serious over-sensitivity.  Bell ringers have been at malls for decades; it’s not all that loud.  If the bell-ringer can handle the "noise", the kiosk merchants should be able to.  And let’s not forget that the Christmas song "Silver Bells" was inspired by those bell-ringers.

Same-Sex Marriage Goes 0-3 on Election Day

California, Florida (two blue states) and Arizona voters rejected same-sex marriage in their states.  As Tony Perkins from the Family Research Council notes, this signals that the electorate is still generally socially conservative, and that if Obama has a mandate, it’s an economic one. 

This is especially true among Obama’s big support blocs; blacks and Hispanics.  Byron York noted at the National Review Online that these constituents supported the ban 70-30 and 51-49 respectively.  The 90+ percent of African-Americans that voted for Obama, and who rightly have celebrated the election of a black man to the White House, quite apparently think this is "Change We Can Do Without"(tm).

The limbo that those who were married under the Supreme Court decision find themselves in is of their own making.  Rather than using the legislature or respecting the will of the people expressed in the last ballot initiative, they changed the battlefield.  However, they took their initial success with irrational exuberance, and when they were met on that battlefield they were defeated, leaving them in an odd situation, and forcing the California legal system into a Gordian Knot.  Once again, the "will of the people" cry we used to hear from the Left has died down to a whimper when they have an axe to grind.

Same-Sex Marriage Update

California’s Proposition 8 would make "marriage" the union of one man and one woman.  It amends the state constitution, since that was the battlefield chosen by liberal judges in that state’s Supreme Court when they made a decision earlier this year.  James Taranto notes that what’s strange about this is that California already has a civil union laws that gives same-sex couples all the state-level legal benefits of marriage.  Taranto links to a story about this in the Financial Times, and then wonders, if there’s no difference in the benefits…

So the rulings were only about the meaning of the term marriage. Why is this so important? We’ll let a prominent supporter of same-sex marriage, quoted by the FT, explain:

The advertising campaign backing the proposition, launched last month, features footage of San Francisco mayor Gavin Newsom speaking before supporters about gay marriage, saying "The door’s wide open now. It’s gonna happen, whether you like it or not."

The New York Times quotes from the Connecticut ruling:

"Although marriage and civil unions do embody the same legal rights under our law, they are by no means equal," Justice [Richard] Palmer wrote in the majority opinion, joined by Justices Flemming L. Norcott Jr., Joette Katz and Lubbie Harper. "The former is an institution of transcendent historical, cultural and social significance, whereas the latter is not."

The push for same-sex marriage, as distinct from civil unions, is not about tolerance or overcoming discrimination. It is about imposing a view of the "transcendent" on an unwilling public ("whether you like it or not"). If Proposition 8 passes, even supporters of same-sex marriage ought to take heart in a vote against this sort of arrogance.

This is further proof that, for the homosexual movement, "tolerance" and being left alone to do as they please is simply not enough, their words notwithstanding.  It must include active acceptance and word redefinition.  The main point of the FT article is the shock some gays have to how the polls seem to be going against them.  Hopefully, the people of California are seeing who’s trying to force their will on them.

Connecticut now has same-sex marriage due to legislative action judicial fiat.  One 4-to-3 ruling, rather than the voice of the people, has brought it to that state.  One more reason why seeking constitutional amendments to stop this isn’t some overreaction; it’s the playing field the Left is using.  You could argue, possibly correctly, that the citizens would likely vote for this anyway, but that’s not the point at all.  They should say so themselves; not have their minds read.

Now, if you believe that homosexuality is wrong, but figure that allowing homosexuals to marry each other doesn’t really affect anything, studies in Europe and the US are showing that you get more of behavior you encourage.

An accumulation of research from around the world finds that societies which endorse homosexual behavior increase the prevalence of homosexuality in those societies. The legalization of same-sex marriage—which is being considered by voters in several U.S. states—is the ultimate in societal endorsement and will result in more individuals living a homosexual lifestyle.

Extensive research from Sweden, Finland, Denmark, and the United States reveals that homosexuality is primarily environmentally induced. Specifically, social and/or family factors, as well as permissive environments which affirm homosexuality, play major environmental roles in the development of homosexual behavior.

In essence, society’s norms and, in this case, state regulations have a bigger influence on homosexual behavior than even genetics.

But first, it should be noted that although the Swedish and Finnish twin studies are among the best to date, they still have wide margins of error. In fact, the margins of error are so wide it remains entirely possible that genetic factors play no role in the development of homosexuality. That remains to be determined, but what has been resolved is that the primary factor in the development of homosexuality is environmental.

(Emphasis in original.)  Read the whole thing for further details and the conclusion. 

One More Blow Struck to Religious Freedom

In California, the First Amendment is subordinate to the whims of the judges.  The Associated Press reports:

California’s highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.

What "treatment" was denied?  How was care withheld, as the AP headline claims?

Justice Joyce Kennard wrote that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state’s law, which "imposes on business establishments certain antidiscrimination obligations."

In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections, and Benitez has since given birth to three children.

Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women’s Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.

So what we’re really talking about here is an elective procedure, not "care" nor "treatment" of some condition.  And the doctors did everything up to the point where their religious convictions wouldn’t let them continue.  Even then, they instructed Benitez how to do it herself. 

A detail you won’t find here but is brought up in the WorldNetDaily coverage, the case was dismissed when it was originally brought, but liberal Californians can be certain that, no matter the obstacles, their Supreme Court can be counted on to come through. 

But don’t doctors have constitutional rights, too?  Well the California Medial Association used to think so, but they changed their tune "after receiving a barrage of criticism from the gay-rights community."  We have the bullying tactics of the "tolerant" Left connect with the political correctness of the medical community, with the result being a trampling of the Constitution. 

This is what passes for the imprudent "jurisprudence" we find on the Left Coast.  This almost calls for a Constitutional amendment, except we already have one and it doesn’t seem to be working. 

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Mormons Join the Calif. Gay Marriage Fray

While other Christian groups and denominations may have doctrinal issues with the Latter-day Saints, they do line up on a number of political issues.

SALT LAKE CITY – The Church of Jesus Christ of Latter-day Saints is asking California members to join the effort to amend that state’s constitution to define marriage as being between a man and a woman.

A letter sent to Mormon bishops and signed by church president Thomas S. Monson and his two top counselors calls on Mormons to donate "means and time" to the ballot measure. A note on the letter dated June 20 says it should be read during church services on June 29, but the letter was published Saturday on several Web sites.

Church spokesman Scott Trotter said Monday that the letter was authentic. He declined further comment, saying the letter explains the church’s reasons for getting involved.

The LDS church will work with a coalition of churches and other conservative groups that put the California Marriage Protection Act on the Nov. 4 ballot to assure its passage, the letter states.

In May, California’s Supreme Court overturned a voter-approved ban on same-sex marriage, saying gays could not be denied marriage licenses.

"The church’s teachings and position on this moral issue are unequivocal. Marriage between a man and a woman is ordained of God and the formation of families is central to the Creator’s plan for His children," the four-paragraph letter states.

Mormons say they have 750,000 member in California, who could have a big impact.

What’s not clear in all of this, regardless of the addition of the Mormons to the fray, is how California will deal with the genie they’ve already let out of the bottle; what to do with marriage licenses that the amendment would directly affect.  This quandary, brought to you by Judicial Activism(tm), is the result of liberals in government not letting the legislative process do its work and trying to usurp it.  Some complained here in Georgia that the constitutional amendment that passed here was unnecessary since we already had a law against same-sex marriage.  The California situation is a prime object lesson for why that argument was, at least, disingenuous. 

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Same-Sex Marriage Legalized in California

The California State Supreme Court decided yesterday that the millennia-old understanding of what marriage is, isn’t.

California’s Supreme Court quashed a ban on gay marriage in a historic ruling here Thursday, effectively leaving same-sex couples in America’s most populous state free to tie the knot.

In an opinion that analysts say could have nationwide implications for the issue, the seven-member panel voted 4-3 in favor of plaintiffs who argued that restricting marriage to men and women was discriminatory.

“Limiting the designation of marriage to a union ‘between a man and a woman’ is unconstitutional and must be stricken from the statute,” California Chief Justice Ron George said in the written opinion.

When the debate on a state constitutional amendment defining marriage was in full swing here in Georgia, those against the measure argued that we already had a law in Georgia making same-sex marriage illegal. They said that, therefore, we didn’t need to change the constitution. But the Left in this country has decided to use the judiciary to do an end-run around when they generally can’t get past the people or their representatives, and then they complain when they’re met on that battlefield.

The California situation is a bit more convoluted. The article gives us that history.

Thursday’s ruling came after a long-running legal battle that erupted in 2000 when California voters approved a law declaring that only marriages between men and women could be legally recognized.

In February 2004, the city of San Francisco defied state law by issuing marriage licenses to same-sex couples, arguing that existing laws were illegal because they violated equal rights legislation.

A court later halted the issuance of licenses and declared that same-sex marriages that took place during this period were void.

However, San Francisco and civil rights activists waged a legal case arguing that limiting marriage to opposite-sex couples was unconstitutional and that the law should be struck down.

In 2005 the San Francisco Superior Court ruled in favor of the plaintiffs, finding that there was no justification for refusing to allow marriages.

But the decision was overturned in 2006 by the California Court of Appeal, which ruled in a 2-1 decision that the state’s desire to “carry out the expressed wishes of a majority” was sufficient to preserve the existing law.

California lawmakers have also voted in favor of gay marriage but the bill was vetoed by Governor Arnold Schwarzenegger, who has said that the matter is for the state’s court system to decide on.

So in summary; the people said they didn’t want same-sex marriage, their alleged “representatives” decided they did want it, the governor stopped it, tossed it to the judiciary, and the judiciary ruled successively for it, against it, and now for it again.

And they’re calling this potentially historic.

Legal analysts say Thursday’s court ruling could have wide-ranging implications for other US states, noting the California Supreme Court’s history of landmark rulings.

Sorry, but this highly politicized process doesn’t sound like any sort of resounding history. Leon Wolf at Redstate picked out the money quote from the decision, and finds that the court didn’t really rule on constitutional grounds at all!

And, in fact, it ain’t over yet. Over a million signatures have already been collected to put a constitutional amendment on the ballot in November. If this gets on the ballot, given the voting history, it’s sure to pass. Expect histrionics from opponents.

And remember what this issue did in 2004 for George W. Bush. It brought voters out in droves to vote on this issue, and while there were in the booth, most pulled the lever for Bush. Could this put California in play for McCain?

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Shire Network News #126

Shire Network News #126 has been released. The feature interview is with Kate McMillan of Small Dead Animals and Kathy Shaidle of Five Feet of Fury, two of the Canadian bloggers being sued by former Human Rights Commission employee Richard Warman. Click here for the show notes, links, and ways to listen to the show; directly from the web site, by downloading the mp3 file, or by subscribing with your podcatcher of choice.

Below is the text of my commentary.


Hi, this is Doug Payton for Shire Network News, asking you to “Consider This!”

As you know, if you’ve been an SNN listener for more than a month or so, that the Canadian Human Rights Commission has been prosecuting bloggers, writers and journalists over thought crimes regarding their views of radical Islam. Publishing the Danish cartoons is not, apparently, the problem. Having the wrong thoughts while publishing them seems to be the horror that the Canadian HRC is trying to abolish (while, of course, enriching the plaintiffs’ wallets).

The United States, however, has apparently decided that it needs to keep up with the Joneses. In New Mexico, that state’s HRC has now decided what pictures you simply must take. You no longer have a choice in the matter.

The New Mexico Human Rights Commission ruled on Wednesday that an evangelical Christian photographer discriminated against a lesbian couple by refusing a job to photograph the couple’s same-sex commitment ceremony. Religious rights attorneys plan to appeal.

The commission ordered Elaine and Jon Huenins, owners of Elane Photography in Albuquerque, N.M., to pay the lesbian couple $6,600 in attorney fees.

The old saying goes that when all you have is a hammer, everything around you looks like a nail. It’s also well known that government agencies tend to expand into areas not originally in their purview. I give you Exhibit A.

Contributing to its descent into being inaptly-named, the Human Rights Commission has now found that, in spite of our Constitution’s First Amendment protections of free speech and religion, people can no longer act on their conscience when picking up their camera. One might find it shocking hearing that, in Canada, an HRC investigator, when asked about freedom of speech, replied, “Freedom of speech is an American concept, so I don’t give it any value.” (One might find it odd to hear this when that “American concept” seems to have made it into section two of the Canadian Charter of Rights and Freedoms.) But if we were to assume that this idea is indeed an “American concept”, one then needs to be outraged that one of our American states seems not to give it any value, either. Guess “freedom of speech” is no long a human right, hmm?

You might be led to think that there was not a single other photographer in all of Albuquerque. You’d, of course, be quite wrong. My suggestion to Vanessa Willock, the woman bringing the complaint, is: Google is your friend. We still have, as far as I know, a concept here called “the free market”, even (I think) in New Mexico.

This is obviously a case of using the club of government to beat into submission those who do not agree with you. How “tolerant” and “open minded”. I’m so glad that homosexuals don’t want any “special rights”. Choosing who you enter into a contract with is still a matter of some personal choice, unless the HRC thinks that lesbians now have some sort of “special right” to force you into signing on the dotted line. The Supreme Court said the Boy Scouts had a choice in the matter vis a vis homosexuals. Unless Elane Photography is government run or government funded, which I rather doubt, chances are they get the same choice.

Eugene Volokh, UCLA Law School professor and noted constitutional scholar put another ironic twist on this. Seems that the law says that the government can only compel someone to violate their religious beliefs if there is a “compelling government interest”. The twist is that New Mexico does not recognize same-sex marriages! So the only compelling interest there might be is for the HRC to justify its existence, or perhaps to pander to the compelling liberal interest groups that traffic in political correctness.

Well lemme’ tell you; Canada is not going to one-up the good ol’ US of A when it comes to bureaucratic silliness and big-government insanity. That, may I say, is truly an “American concept”.

Brian of London, welcome to my country. I’m glad to have you, but consider that.

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New "Human Rights"

Should a painter be allowed to decide what he or she paints?  Should a musician be allowed to decide what music to play or write?  Should a photographer be allowed to decide what pictures to take? 

In New Mexico, the answer to that last question is a resounding, "No."

The New Mexico Human Rights Commission ruled on Wednesday that an evangelical Christian photographer discriminated against a lesbian couple by refusing a job to photograph the couple’s same-sex commitment ceremony. Religious rights attorneys plan to appeal.

The commission ordered Elaine and Jon Huenins, owners of Elane Photography in Albuquerque, N.M., to pay the lesbian couple $6,600 in attorney fees.

"It is just a stunning disregard for the First Amendment," said Jordan Lorence, a senior legal counsel for the Scottsdale, Ariz.-based Alliance Defense Fund, which is representing the photographer couple in court.

Canada’s Human Right Commission has been, at the same time, busy accusing Ezra Levant, Mark Steyn and others of thought crimes (covered by the Shire Network News podcast here and here with many more details at FreeMarkSteyn.com), with the idea of "free speech" being considered foreign.

In fact, for an organization that is supposed to promote "human rights," the HRC’s agents seem curiously oblivious to basic aspects of constitutional law. In one famous exchange during the [Marc] Lemire case, [Dean] Steacy [HRC investigator] was asked "What value do you give freedom of speech when you investigate?" — to which he replied "Freedom of speech is an American concept, so I don’t give it any value." (I guess Section 2 has been excised from his copy of the Canadian Charter of Rights.)

If a photographer doesn’t want to take pictures at a same-sex commitment ceremony, but will get fined if she doesn’t, how soon before the First Amendment become a value-less concept within our own borders?

And this is not just a general free speech issue.  From the original article:

"[Vanessa] (Willock) had requested via e-mail for Elane Photography to conduct photography for her commitment ceremony, and the owner of Elane Photography responded that she would not perform that photography session because it was a same-sex commitment ceremony," [Carrie] Moritomo [public information officer for the New Mexico Department of Workforce Solutions] told Cybercast News Service .

No punitive monetary damages were awarded because Willock did not seek damages, Moritomo added.

Lorence said the Huenins, who are fervent evangelicals, politely declined the request because they did not want to use their art to disparage traditional heterosexual marriage. That should have been the end of the matter, he said.

"The Constitution prohibits the state from forcing unwilling people to promote a message they disagree with and thereby violate their conscience," Lorence said. "Christians should not be penalized for abiding by their beliefs.""

Eugene Volokh, UCLA Law School professor, constitutional scholar and contributor to the Volokh Conspiracy blog (where he’s blogged about this issue separately from the new story) is quoted, noting parallels to hypothetically requiring a freelance writer being forced to write for a pro-Scientology web site words that he does not believe in.  He also points out a bit of inconsistency.

"The law says that only when there is a ‘compelling government interest’ and applying the law is essential, only then can the government compel someone to violate their religious beliefs," Volokh said.

The fact that New Mexico does not recognize same-sex marriage makes it hard to argue that government has a compelling interest in protecting same-sex commitment, he added.

Human Rights Commissions are becoming less and less aptly named, and are instead becoming mere tools in the hands of liberal interest groups to silence dissent.  Where the legislative avenue doesn’t work, these commissions and activist judges are the Left’s next front to get their way in social law when the people are clearly against them.

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