Tag archives: LGBT

Federal Judge Strikes Down Tampa Therapy Ban

by Peter Sprigg

October 8, 2019

In a major victory for the personal freedom of young people with unwanted same-sex attractions to seek professional help to achieve their goals, a U.S. District Court judge in Florida has struck down a local ordinance in Tampa, Florida that outlawed sexual orientation change efforts (so-called “conversion therapy or reparative therapy”) for minors when conducted by licensed professionals.

In Vazzo v. Tampa, U.S. District Court Judge William F. Jung, a 61-year-old Trump appointee who has been on the bench for a year, struck down the law and issued a permanent injunction against its enforcement. Plaintiff Robert Vazzo, a licensed marriage and family therapist, was represented in the case by Liberty Counsel.

Judge Jung chose not to directly address federal constitutional issues of free speech under the First Amendment, which has been the focus of other court challenges to therapy bans. Instead, he ruled that local governments in Florida had no authority to legislate on this issue because of an “implied preemption doctrine,” declaring, “The City Ordinance is preempted by the comprehensive Florida regulatory scheme for healthcare regulation and discipline.”

Judge Jung wrote that “substantive regulation of psychotherapy is a State, not a municipal concern,” and pointed out that “Tampa has never regulated healthcare substantively in any other way before” this ordinance was adopted in 2017.

Not only are local governments not authorized by Florida law to regulate the provision of mental health care services, but they are hardly competent to enforce such regulations. Judge Jung noted this in the following passage (emphasis added; citations omitted):

The City’s Department of Neighborhood Enhancement (formerly Code Enforcement) enforces the Ordinance. Although this is the City Department that usually enforces code violations like overgrown weeds and unpermitted contracting, the City’s Neighborhood Enhancement director testified that he would take any suspected violation of the SOCE Ordinance to the City Attorney before issuing a notice of violation. The Assistant City Attorney tasked as representative on this matter has been a lawyer for four years but has no training in counseling, therapy, or medicine; and stated that the City would consult Webster’s Dictionary to understand the terms in the Ordinance. If contested, the City would employ a “special magistrate” to adjudicate the alleged violation as a code enforcement proceeding. The City’s special magistrates are unpaid volunteers appointed by the mayor. The City has no plan in connection with the Ordinance to appoint someone who is a licensed mental health provider.

Not only would the enforcers of such a law be incompetent to do so, but the enactors of it did so in ignorance:

The main sponsor of the Ordinance on the council was unaware of the difference between talk therapy and aversive practices, and testified that council and participating staff are untrained in the mental health field.

Judge Jung’s reliance on “preemption doctrine” may help fuel other efforts to overturn (or lobby against) other local therapy bans across the country. Although 18 states have passed state-wide therapy bans, passing such local ordinances in more liberal urban areas is a tactic therapy opponents have employed in conservative states that have refused to adopt state-wide legislation.

However, Judge Jung’s opinion in the case is not so narrowly written as to be applicable only to local ordinances. For example, he ruled that the ordinance encroached upon at least five principles of state law in Florida which would apply to any proposed state therapy ban there (and possibly in other states) as well:

  • Florida’s Broad Right of Privacy” (“The Florida Constitution’s privacy amendment suggest that government should stay out of the therapy room.”)
  • Parental Choice in Healthcare” (“… [W]ith very few exceptions, parents are responsible for selecting the manner of medical treatment received by their children … until age 18.”)
  • Florida’s Patient’s Bill of Rights” (“A patient has the right to access any mode of treatment that is, in his or her own judgment and the judgment of his or her health care practitioner, in the best interests of the patient, including complementary or alternative health care treatments . . .”)
  • Florida’s Endorsement of Alternative Healthcare Options” (“It is the intent of the Legislature that citizens be able to make informed choices for any type of health care they deem to be an effective option … including … treatments designed to complement or substitute for the prevailing or conventional treatment methods.”)
  • Florida’s Well-Established Doctrine of Informed Consent” (“When the patient is denied the ability to exercise or even consider informed consent, the patient’s personal liberty suffers.”)

The judge’s decision also cited abundant evidence in the record of the case demonstrating scientifically how weak the case for any such therapy bans is (source citations omitted):

• Minors can be gender fluid and may change or revert gender identity.

• Gender dysphoria during childhood does not inevitably continue into adulthood.

• Formal epidemiologic studies on gender dysphoria in children, adolescents, and adults are lacking.

• One Tampa expert testified there is not a consensus regarding the best practices with prepubertal gender nonconforming children.

• A second Tampa expert testified consensus does not exist regarding best practices with prepubertal gender nonconforming children, but a trend toward a consensus exists.

• Emphasizing to parents the importance of allowing their child the freedom to return to a gender identity that aligns with sex assigned at birth or another gender identity at any point cannot be overstated.

• One cannot quantify or put a percentage on the increased risk from conversion therapy, as compared to other therapy.

• Scientific estimates of the efficacy of conversion therapy are essentially nonexistent because of the difficulties of obtaining samples following individuals after they exit therapy, defining success, and obtaining objective reassessment.

• Based on a comprehensive review of this work, the American Psychological Association 2009 SOCE Task Force concluded that no study to date has demonstrated adequate scientific rigor to provide a clear picture of the prevalence or frequency of either beneficial or harmful SOCE outcomes. More recent studies claiming benefits and/or harm have done little to ameliorate this concern.

• No known study to date [looking at 2014 article] has drawn from a representative sample of sufficient size to draw conclusions about the experience of those who have attempted SOCE.

• No known study [looking at same 2014 article] has provided a comprehensive assessment of basic demographic information, psychosocial wellbeing, and religiosity, which would be required to understand the effectiveness, benefits and/or harm caused by SOCE.

• Although research on adult populations has documented harmful effects of SOCE, no scientific research studies have examined SOCE among adolescents.

• With extraordinarily well-trained counseling “in a hypothetically perfect world” it may be an appropriate course of action for a counselor to aid a gender-dysphoric child who wants to return to biological gender of birth.

• There is a lack of published research on efforts to change gender identity among childhood and adolescents.

• As of October 2015 no research demonstrating the harms of conversion therapy with gender minority youth has been published. In 2018 an article was published on youth but causal claims could not be made from that 2018 report.

The Tampa ruling comes on the heels of New York City’s recent decision to repeal its adult therapy ban for fear of a negative precedent from a court case challenging it. Together, these two events have given welcome evidence that the days of such freedom-denying therapy bans may now be numbered.

Will Your Child Be Forced to Celebrate Sex Politics 15 Times This School Year?

by Cathy Ruse

September 30, 2019

Powerful forces are pushing your child’s public school to celebrate sex politics this year—15 times!

How many of these events have made it onto your school’s calendar? Find out today.

For the 2019-2020 School Year:

1. Banned Books Week (September 22-28, 2019) – Includes books that have never been banned, but have been the subject of parental concern because of age-inappropriate sexual content.

2. Ally Week (September 23-27, 2019) – Pressures students to declare themselves “allies” of students or teachers who identify as LGBT.

3. Bisexual Awareness Week (September 16-23)

4. LGBTQ History Month (Month of October 2019) – Labels historical figures as LGBT, even when they never identified as such.

5. National Coming Out Day (October 11, 2019)

6. International Pronouns Day (October 16, 2019) – Ignores the fact that forced declaration of one’s own pronouns, or false pronouns for others, violates free speech and religious freedom.

7. Spirit Day (October 17, 2019) – Encourages students and teachers to wear purple, and highlights LGBT bullying (even polite dissent can be characterized as “bullying”).

8. Transgender Awareness Week (November 12-19, 2019)

9. Transgender Day of Remembrance (November 20, 2019)

10. No Name-Calling Week (January 20-27, 2020)

11. Transgender Day of Visibility (March 31, 2020)

12. Day of Silence (April 24, 2020) – Known as the “high holy day” of LGBT activism.

13. International Day Against Homophobia, Transphobia, and Biphobia (May 17, 2020)

14. Harvey Milk Day (May 22, 2020)

15. LGBTQ” Pride Month (June 2020)

Parents: You have the legal right to withhold and refuse consent for your child to participate in school events, assemblies, classes, or activities that violate your beliefs.

Your family’s faith and beliefs deserve respect. Demand it.

Remember, LGBTQ lobbyists are getting their “high holy days” on the school calendar even while many school districts are scrubbing Christmas Break for “Winter Break,” Easter Break for “Spring Break,” and Columbus Day for “Indigenous People’s Day.”

To paraphrase Abraham Lincoln: The philosophy of the public school in one generation will be the philosophy of the culture in the next.

Imagine what could happen if government schools just focused on providing an excellent education!

Thanks to Mission America for assembling the calendar events. Read here for more details.

The Real “Fairness for All” is Freedom from Government Coercion

by Peter Sprigg

September 12, 2019

Concerns about religious liberty are one of the chief obstacles to passage of “non-discrimination” laws that would make “sexual orientation” and “gender identity” (“SOGI”) into protected categories at the local, state, and federal level. Only 20 of the 50 states have enacted SOGI protections for both employment and public accommodations, and a comprehensive (and radical) federal bill, the Equality Act (H.R. 5), has stalled in the Senate since its passage in May by the Democrat-controlled House of Representatives.

Utah Rep. Ben McAdams, a Democrat who voted for the Equality Act, recently told that state’s Deseret News that he thinks the bill “still needs work”—and he supports a so-called “compromise” called “Fairness for All.” The theory is that both “LGBT (lesbian, gay, bisexual, transgender) rights” and “religious liberty” could be protected by enacting a single bill that includes both SOGI protections and religious exemptions.

The model for “Fairness for All” proposals at the federal level is the “Utah compromise” that was adopted by that state’s legislature in 2015. It added SOGI protections to the state’s nondiscrimination laws regarding employment and housing (public accommodations were omitted), while creating exemptions for religious non-profit organizations and protections for some employee speech.

Unique factors in Utah—notably, the power and influence of the Church of Jesus Christ of Latter-Day Saints, which endorsed the “compromise”—make it doubtful whether this approach could be replicated elsewhere. LGBT groups at the national level seem determined to press forward the existing Equality Act, which contains no religious liberty protections and explicitly strips away those that might be asserted under the Religious Freedom Restoration Act (RFRA).

Nevertheless, because some may be tempted to believe that such a “compromise” provides a “win-win” solution in the clash between LGBT rights and religious liberty, it is important to reiterate why we believe this would be a serious mistake.

First, the fundamental presumption behind “Fairness for All” is that there is a balance or symmetry between “rights” or “protections” for people who identify as LGBT and “rights” or “protections” for people of faith. This is a fallacy. The “free exercise” of religion is guaranteed by the First Amendment, but there is no provision of the Constitution that references sexual orientation or gender identity.

The fundamental rights found in the U.S. Constitution—such as freedom of speech and the press and the free exercise of religion—do not place any limits on the actions of private individuals and organizations; on the contrary, they protect such actions against interference by the government. “Civil rights” laws that bar discrimination in employment and public accommodations, however, do not merely limit the government; they place a restriction upon the action of private entities (such as small businesses) in carrying out their private activity.

There is a place for non-discrimination laws (especially regarding characteristics that are clearly inborn, involuntary, and immutable, such as race). However, the burden of proof in every case must rest on those who seek to increase the number of categories or characteristics protected under such laws. That’s because the extension of laws against private discrimination is less a “win-win situation” than a “zero-sum” game. When one (such as an employment applicant) wins more protection, another (the employer) actually loses a corresponding measure of freedom.

The most publicized cases highlighting the clash between LGBT non-discrimination laws and religious liberty in recent years have involved businesses in the wedding industry that are owned and operated by Christians who prefer not to participate in the celebration of same-sex weddings. (Although one such business, Colorado’s Masterpiece Cakeshop, won an important decision at the U.S. Supreme Court in 2018, the decision was on narrow grounds and did not settle this area of the law.) It is not clear that religious liberty protections in any proposed compromise legislation would protect these businesses.

The wedding industry cases are by no means the only context in which this conflict arises, however. There have been cases challenging the right of Christian adoption agencies to decline to place children with same-sex couples; cases where Christian counseling students were punished for declining to affirm and support homosexual relationships; and cases in which Christian employees of government agencies were fired for privately expressing disapproval of  homosexual conduct. It is not clear that any of them would be protected by such “Fairness for All” proposals.

Further, “gender identity” protections would undermine the rights of organizations and businesses to set dress and grooming standards or have separate private spaces (e.g., in bathrooms, locker rooms, showers, dormitories, etc.) for biological men and women. These rights stand ready to be compromised by “Fairness for All” proposals.

Family Research Council believes that combining religious liberty and special privileges for sexual orientation and/or gender identity (SOGI) is unsustainable, for three primary reasons.

1)      It is wrong, in principle, to include sexual orientation and gender identity as protected categories, because they are unlike historically protected categories such as race. Historically, protections were reserved for characteristics that are inborn, involuntary, immutable, and innocuous, such as race, and/or in the U.S. Constitution (such as religion). None of these criteria apply to the choice to engage in homosexual conduct or the choice to present one’s self as the opposite of one’s biological sex.

2)      There is no religious exemption that would be acceptable to LGBT activists and would also be adequate to fully protect against all the likely threats to religious freedom.

3)      Non-discrimination laws always implicate moral beliefs. They send the message that it is morally wrong to disapprove of homosexual or transgender conduct. For such laws to be endorsed by citizens who believe that it is morally wrong to engage in homosexual or transgender conduct is a logical contradiction.

What would truly reflect “Fairness for All” would be to reject SOGI laws containing special privileges, and allow real religious liberty—the freedom to hold to one’s personal beliefs and to act on them without government interference or coercion.

Landmark Study Determines There Is No “Gay Gene”

by Peter Sprigg

August 30, 2019

An all-star team of scientists has just published a new “genome-wide association study” (“GWAS”) in the journal Science, on a massive sample of nearly half a million individuals, that attempted to identify if genetic factors contribute to same-sex sexual behavior.

The key take-away? “[T]here is certainly no single genetic determinant [of same-sex sexual behavior] (sometimes referred to as the ‘gay gene’ in the media).” Eric Vilain, a genetic medicine researcher, agrees, telling the Washington Post that the study marks the end of “the simplistic concept of the ‘gay gene.’”

The study does suggest that all genetic factors put together may account for, at most, a third of the variation in same-sex sexual behavior in the population. What does that imply? That at least two thirds of the variation is accounted for by social, cultural, and environmental factors—not genetics. So much for the idea that people are “born gay.”

The media is conceding that there is not one “gay gene,” while still pushing the idea of genes being involved in homosexuality as far as they can. The New York Times begins its headline, “Many Genes Influence Same-Sex Sexuality,” while the Washington Post headline emphasizes that “genetics are linked to same-sex behavior.”

While these statements are true, where the media fails the public is in not adequately distinguishing the idea of genetic “influence” or a “link” from the popular idea of the “gay gene” (or “genes”)—the belief that there is some genetic factor that determines, inexorably and immutably, that some individuals are destined to become homosexual.

There is a huge difference between genetic “influence” and genetic “determination.” Science has shown that many personality traits and behaviors are “influenced” by genetics, but no one would ever say those characteristics are inborn and immutable.

For example, here is how the study actually reports that “one third of the variation” figure I mentioned above:

[W]e estimated broad-sense heritability—the percentage of variation in a trait attributable to genetic variation—at 32.4%.

Put in decimal form, that is a “heritability” of about .32. But here are the “heritability” rates that scientists have identified for some other psychological traits:

  • Conservatism                        .45-.65
  • Right-wing authoritarianism   .50-.64
  • Religiousness                        .30-.45

Yet virtually no one would ever say that these traits are inborn and immutable—even though their “heritability” is as high or higher than for same-sex sexual behavior.

Yet even the study’s 32% “heritability” rating may exaggerate the link between any specific genes and homosexual behavior. The study identified only five locations on the genome with a statistically significant link to same-sex sexual behavior. (None of those were on the X-chromosome—where the original “gay gene” was supposedly located in a 1993 study.) Only three of those associations could be replicated in an analysis of other (smaller) databases. The study reported that “all tested genetic variants accounted for 8 to 25% of variation in same-sex sexual behavior”—a broad range, and lower than the 32% “heritability” estimate. The genetic differences were so small that they “could not be used to accurately predict sexual behavior in an individual.”

One methodological problem with the study is that the primary measure of “nonheterosexuality” is whether the respondent answered yes or no to the question of whether they have ever had sex with a person of the same sex. A large percentage of that population does not self-identify as “gay” or “lesbian,” and may not engage exclusively or even primarily in same-sex sexual relationships, so it is not at all clear whether this is the best way of approaching the question. The study did find there was a genetic correlation with the proportion of same-sex sexual partners—but it did not involve the same genetic variants as the “binary” variable!

The New York Times report suggests—at length—that some pro-LGBT spokesman and scientists were concerned about even conducting the research. This seems a backhanded way of admitting that the findings do not serve the political purposes of the LGBT political movement.

For example, the study showed that same-sex sexuality correlated not only with certain genes, but with certain personality traits (“loneliness,” “openness to experience”), risky behaviors (smoking, cannabis use), and mental disorders (depression and schizophrenia). The study cautioned:

We emphasize that the causal processes underlying these genetic correlations are unclear and could be generated by environmental factors relating to prejudice against individuals engaging in same-sex sexual behavior, among other possibilities . . .

But if the “causal processes underlying … genetic correlations” with mental illness and substance abuse “could be generated by environmental factors,” then the same must be said about the correlations with same-sex sexual behavior itself.

That movement has depended for decades on the myth that people are “born gay” and cannot change, probably because of some undiscovered “gay gene” that immutably determines their sexuality.  Demands for LGBT “civil rights” have rested largely on assertions that sexual orientation, like race, is a characteristic that is inborn, genetic, and immutable.

Although evidence for those claims has always been lacking, this study debunks them more decisively than any previous one. It is ironic that those on the Left routinely accuse conservatives of being “anti-science”—yet in this case, it is they who fear the results of a serious scientific inquiry.

For our part, Family Research Council is happy to embrace the study’s conclusion about the “complexity” of same-sex sexuality, and “the importance of resisting simplistic conclusions.” The authors are correct in saying that “there is a long history of misusing genetic results for social purposes”—but on this issue, it is the LGBT activists who have long promoted the myth of the “gay gene” who are most guilty.

What the LA Times Gets Wrong About Religious Freedom

by Travis Weber , David Closson

August 21, 2019

Last week, the Department of Labor issued a proposed rule clarifying the rights of religious employers to contract with the government without being forced to violate their religious beliefs. After decades of court decisions and disparate interpretations under Title VII of the Civil Rights Act of 1964, it is no wonder that some religious organizations are fearful of working with the federal government because they don’t have clarity on what they can and can’t do. It makes sense that the Department of Labor would want to clarify their rights now.

Yet yesterday’s Los Angeles Times’ Editorial Board threw cold water on this idea, claiming the proposed rule would “dramatically expand the [religious liberty] exemption,” which they believe makes “little legal sense” and threatens to erode what was “once broad and bipartisan support for the idea that the government should accommodate sincere religious convictions.”

Yet are these gripes accurate? Hardly. In reality, as the proposed rule makes clear, the Department of Labor is simply aligning its interpretation of religious exemptions with years of federal court decisions and the definitions in Title VII itself. For years, Title VII has protected religious people from a wide array of faith groups equally. So what is the LA Times so scared of? The reason seems revealed in the title: “Trump’s new ‘religious freedom’ rule looks like a license to discriminate.”

Unfortunately, the assumption of the LA Times appears to be that Christian conservatives are using religious freedom as a “pretext for discrimination.” Yet LGBT issues are not specifically addressed anywhere in the proposed rule. It is the idea that LGBT-related claims might be affected by religious freedom claims that has the LA Times up in arms. If the editors read the rule more carefully, they would see that it actually addresses sincerity as an important component of a religious freedom claim, and “conceal[ing] discrimination” has been dealt with by courts assessing these Title VII claims. The LA Times and others espousing this line of thinking don’t get to pick and choose when religious freedom applies. It either does or it doesn’t, and if the Title VII definitions were acceptable for decades, they should still be acceptable today.

Religious freedom is a virtue that benefits the common good; it does not favor Republicans over Democrats or Roman Catholics over Muslims. Thankfully, the Trump administration recognizes these basic truths and is protecting religious employers of all faith backgrounds. If the LA Times researched how the Title VII religious exemption has functioned in the past, it would see that it benefits various religious minorities in a host of different circumstances. Indeed, one of the cases referenced in the proposed rule—LeBoon v. Lancaster Jewish Cmty. Ctr. Ass’n—features a Jewish organization. Just a few years ago, the Supreme Court—in an opinion authored by Justice Scalia—applied Title VII to protect a Muslim employee’s rights against her employer.

Thus, to argue that faith-based organizations should not be able to run their business according to their religious beliefs represents a truncated view of religious freedom. There is no legitimate reason that a faith-based organization should lose out on a federal contract for simply adhering to their religious beliefs, and the proposed rule is right to remedy that.

The LA Times editorial is a reminder that people from all religious backgrounds must continue to help shed light on the reality that religious freedom is a good that serves all people.

California Wants to Force Teachers to Propagate the LGBT Agenda

by Nicolas Reynolds

August 2, 2019

Parents across the country are rightfully concerned about efforts in the public school system to indoctrinate their children with a leftist agenda. In California, the LGBT lobby is taking this effort a step further: attempting to indoctrinate teachers.

Offered as an attempt to create a “safer environment” for LGBTQ students, A.B. 493 would require junior high and high school teachers to receive training on how to “support” students struggling with same-sex attraction or gender dysphoria. However, this “training” of teachers to “mentor” such students looks much more like state-sponsored, politically-correct coercion. This piece of legislation strong-arms public school teachers who are Christian to violate their consciences, affirming beliefs contrary to their sincerely-held religious beliefs.

To ensure all teachers leave their religious convictions at the door, specific “training”—adhering to curriculum written by “leading experts in supporting LGBTQ pupils”—is required to be taken by every junior high and high school teacher in public schools. Additionally, this training requires “sustained input and participation” from teachers, guaranteeing that teachers are understanding and complying with the LGBTQ agenda. The training required by this bill is a blatant violation of a teacher’s right to think freely and counsel adolescents according to their genuine and true religious worldview.

Two school districts in California (Moraga School District and Unified School District) have already implemented this “training” for teachers. Those having undergone the training have explained how the sessions did far more than merely inform teachers about how to counsel pupils who identify as LGBTQ. Rather, teachers were asked invasive questions regarding their own personal upbringing, such as whether or not they were raised to “believe there are two genders,” and if their “parents ever discuss[ed] choices… of gender.” Teachers that explained that their parents taught biblical (and scientifically correct) beliefs like the binary nature of sex were shamed and told their views were backward and wrong. Trainees were given additional information about how to deal with LGBTQ-identifying students and were explicitly told that they must keep a student’s sexual orientation and identity secret from parents. 

Though no school can or will ever replace the necessary nurturing that a family gives a child, teachers are sometimes the only ones that can come close to giving students the objective wisdom and care that they are tragically not receiving at home. A.B 493 would successfully ban all junior high and high school teachers in public schools from giving any ounce of honest guidance about sexual orientation and gender identity to students who come and ask them for direction. As mandated by the bill, teachers would be required to affirm LGBT identities and refer students to activist organizations.

 A.B. 493 undermines the ability of students to receive proper care and desecrates teachers’ rights to govern themselves according to their religious convictions. Partner with FRC and lend your voice in opposition to this destructive piece of legislation that deviates from the core principles this country was founded upon. If you or someone you know lives in California, click here to take action and oppose this bill that indoctrinates public school teachers.

Nicolas Reynolds is an intern at Family Research Council.

New York is the Latest State to Trample on the Hopes of Foster Children

by Kayla Sargent

July 31, 2019

When I was about eight years old, some family friends of mine fostered (and eventually adopted) a severely neglected 18-month-old girl. She was placed in foster care after her parents, both addicted to drugs, would not change her diaper or feed her, sometimes for days on end. When she first entered the custody of her new foster parents, she gorged herself at mealtime until she became sick because for her entire life, she never knew when or from where her next meal would come.

Most children in the foster care system have suffered unimaginable trauma. The 500,000 children in foster care are significantly more likely to experience depression, anxiety, and other developmental and behavioral issues compared to children who do not spend time in the system.

One might think that, at the very least, ensuring that children have a roof over their heads and three meals a day would not be a political issue. One would think that everyone would want these children to have the best care possible. And one would think that faith-based adoption agencies, given the emphasis that the Bible places on caring for widows and orphans, ought to be able to help provide for these children without fear of religious persecution.

Unfortunately, this is not the case.

New Hope Family Services of New York is suing the state after being given an ultimatum by the state’s Office of Child and Family Services stating that they would have to start “placing children with unmarried couples and same-sex couples” or they would be “choosing to close.” It is not because they are not providing adequate care to children, or because they are unable to place children in homes, but because they refuse to allow same-sex couples or couples who are unmarried to adopt.

They are not alone. Across the nation, Christian organizations that believe children belong with a mother and a father are being forced to close their doors because of alleged “discrimination.” In 2018, the state of Illinois forced Catholic Charities for the Diocese of Springfield to close, displacing roughly 3,000 children. Earlier that same year, the city of Philadelphia “barred Bethany Christian Services and Catholic Social Services” from serving children in need because of their beliefs about marriage.

What is especially tragic about these shutdowns is that they not only affect the employees of these agencies—they impact hundreds, if not thousands, of children in desperate need of a loving home.

In Obergefell v. Hodges, we were promised that, “The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.” These shutdowns are a clear violation of this principle handed down by the Supreme Court, and are currently being challenged.

Regardless of your stance on marriage, and even your stance on discrimination, children should not be the ones that are punished in the ongoing war being waged on religious liberty by LGBT activists. When “equality” demands that certain adoption providers be shut down and children are denied adequate care and a loving home with a mother and a father as a result, it is no longer equality, but oppression. Just as little girls should not have to gorge themselves for fear of not having enough to eat in the future, faith-based adoption providers should not have to violate their religious beliefs in order to continue helping children in need find loving homes.

Kayla Sargent is an intern at Family Research Council.

Administration Must Avoid Obama Cultural Imperialism

by Peter Sprigg

July 29, 2019

The Obama administration was guilty of what some have called “cultural imperialism.” This included various efforts to force small, poor—and often socially conservative—countries to accept and codify the values of the West’s sexual revolution. Examples include pressure placed on the Dominican Republic to liberalize abortion laws (in violation of their own constitution), and the withholding of foreign aid from the desperately poor African country of Malawi in an effort to force liberalization of their laws on homosexual conduct.

Family Research Council spoke out against such policies at the time. Fortunately, the Trump administration has backed off from some of the worst of this cultural imperialism, such as that practiced at the United Nations. However, we are concerned that the administration’s “global campaign to decriminalize homosexuality”—endorsed in a tweet from the White House Twitter account on July 26—may represent a remnant of that same mentality.

There are some legitimate concerns about the treatment of people who self-identify as homosexual in some other countries. As we wrote when news of the “global campaign” was first reported in February:

Family Research Council vigorously opposes acts of violence against anyone because of their sexuality. According to NBC, there are eight countries which permit the death penalty for homosexuality—most of them also known as abusers of religious freedom and other rights, and supporters of terrorism. An end to those laws, and other physical punishments such as flogging, is a legitimate goal.

(In the past, there have been false reports that FRC supported a bill in Uganda that would have allowed the death penalty for certain homosexual acts. This has never been the case.) There may also be countries where governments turn a blind eye to extra-judicial violence against those who identify as homosexual. This, too, is unacceptable.

We endorsed the statement by Secretary of State Mike Pompeo at his confirmation hearing, when he said, ““I deeply believe LGBTQ persons have every right that every other person has.”

However, the fact that LGBTQ-identified persons have every human right does not mean that engaging in homosexual conduct is itself a human right. As we stated in 2011, “No treaty or widely accepted international agreement has established homosexual conduct as a human right.” For example, homosexual conduct has known health risks, so foreign governments should be left free to take steps to discourage or deter such conduct.

Furthermore, any effort to force an “LGBT rights” agenda on other countries risks running afoul of other principles which actually have been well-established as international rights—namely, the rights of individual conscience and of religious liberty. Within the constraints imposed by well-established international law, all countries must be free to establish governments and legal codes based on their own moral values. These are often deeply rooted in religious tradition. What we have called “cultural imperialism” (which Pope Francis has called “ideological colonization”) must not be allowed to trump that sovereign right of each country.

As we wrote in February:

Let’s find common ground in calling for an end to all forms of physical violence against homosexuals — but refrain from imposing the values of the sexual revolution on the rest of the world.

Library Buries Photos of Kids Playing on Top of Drag Queens

by Cathy Ruse

July 23, 2019

Remember the shocking photos of adult men in drag, lying on the floor at a library, with toddlers crawling on top of them? Well, government officials in Multnomah County, Oregon hope you’ll forget about them and keep bringing your children to Drag Queen Story Hours.

Last October, St. John’s public library in Portland, Oregon, presented Anthony Hudson dressed as drag queen “Carla Rossi” in a program for 2 to 6-year-old children.

Afterwards, the Multnomah County Library District was so proud of its event that it shared several photographs of children playing on top of Mr. Hudson. The photos went viral, thanks to outraged moms on Facebook. Earlier this month, LifeSite News reported on the outrage.

Then the county took the photos down, without a word. They are no longer available on the county’s website, but LifeSite News has archived them.

Is it because they’re sorry? Nope. It’s because they got caught.

If they were sorry, they wouldn’t have scheduled more drag events in the library with Mr. Hudson. According to the Multnomah County website, he has been invited back for two events in September billed as “Clown Town” teen drag workshops. Mr. Hudson will once again dress as drag queen “Carla Rossi” and teach kids about the “many flavors” of drag.

Read more about the scandal and the cover-up at The Federalist and Activist Mommy.

Times Op-Ed Conflates “Sex” and “Gender” to Suit Transgender Purposes

by Peter Sprigg

July 19, 2019

A recent New York Times opinion piece by Julia Serano—one of ten commissioned by the Times from “the L.G.B.T.Q. community” for “Pride Month”—turns history upside down with only its second paragraph:

Opponents of transgender rights have increasingly worked to shift conversations and policy language away from gender and toward biological sex.

In reality, it is the supporters of “transgender rights,” not the opponents, who “have increasingly worked to shift conversations and policy language.” However, in this case, the effort has been to redefine the word “sex” to include “gender identity.”

Sex” Discrimination vs. “Gender Identity”

In the courts and legislatures, efforts to end discrimination on the basis of “sex” began over fifty years ago. Congress outlawed discrimination based on “sex” in employment in 1964, and in education in 1972.

In 1964 or 1972, there would have been no question, in the minds of lawmakers or anyone else, that these laws prevented discrimination against individuals for being biologically female or biologically male.

On the other hand, in the last 15 or 20 years there has been an effort to add “gender identity”—“a term that originated in the field of psychology,” as Serano acknowledges—as a protected category in non-discrimination laws, alongside the more traditional categories such as “race” and “sex.” However, these efforts have largely failed in the majority of states and at the federal level.

That failure has led to a shift in strategy by transgender activists. Instead of seeking to add “gender identity” as a new protected category, they have taken to arguing that transgender people are already protected by laws against discrimination based on “sex.”

The Trump administration has rejected this interpretation of the word “sex” in existing statutory law. That conclusion seems to be what has aroused Serano’s ire.

Serano, a male-to-female transgender person (that is, a biological male who identifies psychologically as female), also takes Family Research Council to task for its defense of the administration policy:

The Family Research Council, a conservative Christian activist group, recently published an article titled “Trump transgender policy is simple and scientific: ‘Sex’ means biological sex.”

Perhaps the use of the word “scientific” in that headline was part of what triggered Serano, a biologist, to declare that “these developments … offend me as a scientist.”

What science? Here’s what Serano points to:

… [S]ex also seems straightforward. Every person superficially appears either female or male. But once we look beneath the surface, things are far more complicated.

While there are tangible biological sex characteristics — chromosomes, reproductive organs, hormones and secondary sex characteristics — they do not always fit neatly into male or female classifications, or align with one another within the same individual, as is the case for intersex people.

Yet this argument fails for a simple reason—“intersex people” are not the same as “transgender” people. Ambiguities in some people’s biological sex have nothing to do with anomalies in some people’s psychological “gender identity.”

Science Says: Intersex is Not Transgender

Don’t take my word for it. Look to the American Psychiatric Association. In their Diagnostic and Statistical Manual of Mental Disorders (DSM-5), they define “sex” as:

Biological indication of male and female (understood in the context of reproductive capacity), such as sex chromosomes, gonads, sex hormones, and nonambiguous internal and external genitalia.

An “intersex condition” is also biological:

A condition in which individuals have conflicting or ambiguous biological indicators of sex.

 “Gender identity” is something quite different:

A category of social identity that refers to an individual’s identification as male, female or, occasionally, some category other than male or female.

The Intersex Society of North America explains the concept this way:

People who identify as transgender or transsexual are usually people who are born with typical male or female anatomies but feel as though they’ve been born into the “wrong body.” . . .

People who have intersex conditions have anatomy that is not considered typically male or female. Most people with intersex conditions come to medical attention because doctors or parents notice something unusual about their bodies. In contrast, people who are transgendered have an internal experience of gender identity that is different from most people. [emphasis in the original]

The National Center for Transgender Equality makes the same point, in their “Frequently Asked Questions about Transgender People”:

What’s the difference between being transgender and being intersex?

People sometimes confuse being transgender and being intersex. Intersex people have reproductive anatomy or genes that don’t fit typical definitions of male or female, which is often discovered at birth. Being transgender, meanwhile, has to do with your internal knowledge of your gender identity. A transgender person is usually born with a body and genes that match a typical male or female, but they know their gender identity to be different.

 . . .

While it’s possible to be both transgender and intersex, most transgender people aren’t intersex, and most intersex people aren’t transgender.

A piece on “debunking 10 intersex myths”—written by a “Black, queer, non-binary, intersex” author and published a year ago by the LGBT activist group GLAAD—stated:

Intersex people and transgender people are not the same thing. 

It also noted:

Not all intersex people identify as a part of the LGBTQIA community.

A glossary prepared for a National Geographic issue on the “Gender Revolution” in 2017—by the authors of The Teaching Transgender Toolkit—likewise defined gender identity:

A person’s deep-seated, internal sense of who they are as a gendered being; the gender with which they identify themselves.

Intersex, on the other hand, was defined this way:

An umbrella term that describes a person with a genetic, genital, reproductive, or hormonal configuration that does not fit typical binary notions of a male or female body. Intersex is frequently confused with transgender, but the two are completely distinct.

(Unfortunately, even that glossary did not prevent the author of another article in the same issue—as well as Katie Couric, host of a NatGeo TV special on the issue—from wrongly conflating intersex and transgender.)

Simple Truth

Serano’s critique of the FRC piece concludes:

The article not only ignores current thinking in the field of biology, but it also falsely implies that science yields simple answers. History shows otherwise, as scientific research has repeatedly revealed nature to be far more diverse and complex than we initially believed.

Yet the article on “current thinking” to which Serano linked also deals with biological intersex conditions—not psychological transgender ones. The fact that the biology of sex is “diverse and complex” (as with intersex conditions) does not change the simple scientific truth—made clear by the expert definitions above—that “sex” is a biological concept.

Nor does it change the simple legal truth that the word “sex” in non-discrimination law refers to biology, not to the entirely psychological concept of “gender identity.”

I agree wholeheartedly with Serano’s conclusion:

Those who now invoke science in support of their biases and prejudices do it a grave disservice, and science-minded people everywhere must speak out against it.

Unfortunately, Serano is the one guilty of this “grave disservice.”

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