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Homosexuality Is Not a Civil Right
Family Research Council ^ | Peter S3prigg

Posted on 10/29/2010 4:58:55 PM PDT by Conservative Coulter Fan

Early in 2004, San Francisco mayor Gavin Newsom began giving out marriage licenses—illegally—to same-sex couples. One of the homosexuals who traveled to San Francisco in search of a marriage license explained his rationale succinctly: “I am tired of sitting at the back of the bus.”1

The allusion, of course, was to the famous story of Rosa Parks. Parks is the African-American woman who, one day in 1955, boarded a racially segregated city bus in Montgomery, Alabama, sat down near the front, and refused the driver’s order to “move to the back of the bus.” Parks’ act of civil disobedience violated one of the “Jim Crow” laws that enforced racial segregation in various public services and accommodations in some states.

Parks’ arrest for her courageous defiance sparked the Montgomery bus boycott, led by a young minister named Martin Luther King, Jr., which is generally viewed as the beginning of the great civil rights movement of the 1950s and 1960s. It culminated legislatively in the passage of the Civil Rights Act of 1964, banning racial discrimination in employment, housing, and public accommodations.

The stories of Rosa Parks and Martin Luther King, Jr. have become an inspiring part of American history. It’s not surprising that homosexual activists have tried to hitch their caboose to the “civil rights” train. They do this in the context of efforts to change the definition of marriage in order to allow same-sex “marriages” (by comparing same-sex “marriage” to interracial marriage) and efforts to pass “hate crime” laws (which stigmatize opposition to homosexual behavior as a form of “hate” comparable to racism). The arguments in this essay are relevant to those debates, but focus particularly on laws that would ban employment “discrimination” on the basis of “sexual orientation” (such as the federal Employment Non-Discrimination Act, which is regularly introduced each Congress).

This essay is not a legal treatise, but an exploration of the philosophical justification for including various characteristics as categories of protection under historic civil rights laws—and why “sexual orientation” simply does not compare with them.

Defining Terms: What Are “Civil Rights,” Anyway?


The dictionary defines civil rights as “rights belonging to a person by virtue of his status as a citizen or as a member of civil society.”2 The Bill of Rights in the United States Constitution guarantees every American the right to freedom of religion, speech, and the press, as well as “due process of law,” and gives protections against unreasonable search and seizure, “double jeopardy” (being tried twice for the same crime), and self-incrimination.

These are true “civil” rights, in that they belong to a person (every person) “as a citizen or as a member of civil society.” But please note well—homosexuals have never been denied any of these rights, nor is anyone proposing to deny such rights to homosexuals in the future.

When homosexual activists talk about their “civil rights,” they are not talking about their constitutional rights, which have never been systematically denied to them as a class (unlike the historical experience of black Americans). Instead, they are talking about “civil rights” in the sense that the term was used in the Civil Rights Act of 1964, which laid down five protected categories in which it was illegal for an employer or banker or hotelier, and others, to practice discrimination (“race, color, religion, sex, or national origin”). Many states now have similar laws as well. The true “constitutional” rights cited above place a restriction on the actions of governments in carrying out the law. And when a constitutional right is extended to a group previously deprived of it, no one else suffers any reduction in their rights as a result. For example, when the right to vote was extended to blacks and then to women, this did nothing to limit the right of whites or of men to vote.

Civil rights laws that bar employment discrimination, however, place a restriction upon the action of private entities (such as corporations) in carrying out their private business. This is why Congress rested its authority to pass the Civil Rights Act not on the Constitution’s guarantee of the “equal protection of the laws,”3 but on its power to regulate interstate commerce.4 When such a “right” is extended (for the individual to be free from “discrimination” in employment), it infringes upon what would otherwise be the customary right of the employer to determine the qualifications for employment. The extension of historic constitutional rights is a “win-win” situation, but the extension of laws against employment discrimination is more of a “zero-sum” game—when one (such as the employment applicant) wins more protection, another (the employer) actually loses a corresponding measure of freedom. It is because of this that lawmakers should be exceedingly cautious, rather than generous, about expanding the categories of protection against private employment discrimination.

Because of our national shame at the historic legacy of racial discrimination against blacks, many people have come to think of “discrimination” as inherently evil. However, the basic meaning of “discriminate” is simply “to make a distinction.”5 To compare and evaluate candidates based on their education, experience, intelligence, and competence is inherently “discrimination.” The question, therefore, is not whether “discrimination” will take place—it can, it will and it must. The question for public policy is: which forms of “discrimination” are so profoundly offensive to the national conscience that they justify government action that interferes with the rights of employers and other private entities and gives special protections to certain classes of people?

In the Civil Rights Act of 1964, Congress answered that question by including only five categories of protection. As noted above, those categories were: “race, color, religion, sex, or national origin.”6 For instance, a banker could deny an applicant a loan because the applicant was not credit-worthy, but not because he or she was Jewish or black. What do these protected categories have in common?

While there is no definitive legal answer, the most logical answer would seem to be that the case for granting legal protection against “discrimination” is strongest when based on a personal characteristic that is:



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KEYWORDS: fdrq; homosexualagenda
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To: Albion Wilde
And here's an example of how authors might misapply or misinterpret the data:

There are three aspects to “sexual orientation”: attraction, behavior, and self-identification. Attractions are indeed “involuntary.” But people do choose, and can be held responsible for, what overt sexual behaviors they actually engage in.

Note how, although the authors had previously dismissed all supposed causes for this "involuntary" attraction, by referring to scientific studies showing "no result." And yet the authors then admit that "involuntary attraction" is a real phenomenon -- whatever its source.

So they've got a little problem, which they try to finesse by changing the subject, from "attraction" to "choosing to act on the attraction."

Ooops. They basically took all those studies they quoted, and tossed them out the window by discussing how it's the choice that matters, not the attraction itself.

Their underlying argument has now transitioned from the allegedly scientific argument they were making before, to what is in essence a non-scientific discussion of morality (i.e., "can be held responsible for").

One might charitably suggest that the authors were simply too caught up in their own viewpoint to notice the transition.

But an honestly peer-reviewed scientific article wouldn't be allowed to get away with such a shift.

When all is said and done, this little article is just another opinion piece, published to support a particular interest group's point of view.

41 posted on 11/01/2010 3:34:32 PM PDT by r9etb
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To: r9etb

So what (according to you) would be an example of an organization that discusses the same topic that is not biased?


42 posted on 11/01/2010 8:18:21 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: little jeremiah
So what (according to you) would be an example of an organization that discusses the same topic that is not biased?

I'm not sure that there are any interest groups, on either side of this issue, that are not biased. They all have a big stake -- be it emotional, political, monetary, or all of the above -- in having the answer come out their way.

It is possible to approximate an unbiased assessment of homosexuality and so on, by means of rigorous sampling standards and analysis techniques, and a strict and dispassionate peer review process. That's not the case here.

And that's I was making: I was responding to the claim that the subject article was a "scientific" report, when it clearly is not that. The authors had a going-in opinion, and the purpose of the paper is to try to convince us that their opinion is correct.

43 posted on 11/02/2010 7:45:49 AM PDT by r9etb
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To: r9etb

So what is the “neutral” position on homosexuality if you think that viewing homosexuality as a disorder is “biased”?

Hm?

Sounds as though you either support “gay is good” agenda or are a liberaltarian or both.


44 posted on 11/02/2010 9:31:48 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: little jeremiah
Sounds as though you either support “gay is good” agenda or are a liberaltarian or both.

Sigh..... you're clearly not worth the effort.

45 posted on 11/02/2010 9:47:13 AM PDT by r9etb
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To: r9etb

IOW, you don’t want to articulate your position.

So far, on many threads, you’ve said (more or less) that opposition to the standard “gay is good” POV is “biased”. Now that I’m asking you about what you would consider “non-biased”, it’s “sigh, you’re not worth the trouble to communicate with”.

Like you’re fooling anyone but yourself.


46 posted on 11/02/2010 10:22:00 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: little jeremiah
IOW, you don’t want to articulate your position.

I articulated my position above. You might choose to read more into it, but to do so is incorrect.

I have already corrected you on that once. Your persistence in ignoring the correction makes you either dishonest or thick-headed.

So far, on many threads, you’ve said (more or less) that opposition to the standard “gay is good” POV is “biased”.

I vote for "Dishonest."

47 posted on 11/02/2010 10:28:12 AM PDT by r9etb
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To: r9etb

I will carefully re-read your comments above and see if I can determine your position, but I will assure you that calling me dishonest and stupid may be your opinion, but it’s not exactly a clearly articulated position on what a “neutral” POV about the homosexual agenda is, if such a thing is possible.

My position is clear. There is no neutral POV about homosexuality, other than for a person who just woke up from a coma, and doesn’t know anything yet about it. In which case, they need to study up, and if honest, will fall on one side or the other - “it’s fine” or “it’s bad”.

Similar to abortion, there is no non-position.


48 posted on 11/02/2010 11:16:34 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: r9etb; little jeremiah; wagglebee
... who happen to be associated an organization that promotes a particular political and religious/moral point of view, and this report just happens to support that point of view.

Fine. But the scientific method is the last word. FRC is not just a lobbying org; they are serious about scholarship and are the research arm to back up the religious/moral claims of the parent organization with secular fact-finding (which exists in abundance on this topic, and is routinely denied by the left).

You seem to believe that if a conservative organization puts out the results of their research in replicable studies, it is the moral equivalent of a liberal lobbying organization putting out its attitudinal talking points based on flimsy or non-existent evidence.

The heart of conservatism is taking a cautious and incremental view of change, and changing through the system based on facts and what will work in the long term. The heart of leftist-liberalism is immediate, radical change by any means, excusing oneself from doing the homework of digging out the facts, misrepresenting or suppressing facts to make an emotional or political point, making "progress" for its own sake while dismissing the possible unintended consequences, blaming ill-effects of too-rapid change on conservatives, flouting the law and redefining words.

• The Kinsey work widely cited as a defense of homosexuality has been shown to be corrupt data and flagrant child abuse.

• The de-listing of homosexuality from the APA's list of disorders was the result of political pressure, not science; and has been refuted by one of its former champions, who has now been silenced.

• The CDC routinely publishes reliable statistics on the higher risk and greater danger of poor mental and physical health and early death associated with homosexual behavior; all ignored by the MSM and the NEA in their efforts to foist an unsupportable viewpoint on the public.

Yet you object to the publishing of a review of the negative outcomes of homosexual behavior and a discussion of the ways in which it truly cannot be called a "civil right", when young people are being deluded and risking their futures because of the anti-family agenda of the left? Did you even read the essay?

49 posted on 11/02/2010 1:07:59 PM PDT by Albion Wilde (Government does nothing as economically as the private sector. - Ronald Reagan)
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To: Albion Wilde
Fine. But the scientific method is the last word.

But that's exactly the problem -- they did not actually use the scientific method to arrive at their conclusion.

They cited various studies about the origins of homosexuality, and we can assume that those peer-reviewed results were in fact in accordance with the scientific method.

HOWEVER.... the authors then go on to state that the underlying homosexual attraction is "involuntary" (their word). So much for the studies they had just cited. The failure of studies to determine the exact origins of the attraction does not affect the authors' explicit acknowledgement that homosexuality does in fact begin with an involuntary attraction.

(Indeed, they appear to have essentially conceded the underlying argument made by homosexual activists, that they can't help how they are.)

And then, departing from science, they claim that it's not the involuntary attraction that's important, but rather the choice to act on it.

And beyond that, they shift the discussion to one of being "held responsible for" the choice to act on the involuntary attraction.

By this point the authors have left the realm of science very far behind.

Yet you object to the publishing of a review of the negative outcomes of homosexual behavior and a discussion of the ways in which it truly cannot be called a "civil right",

No, what I specifically objected to, was your false claim that this article is somehow "scientific." It is not.

50 posted on 11/02/2010 1:58:31 PM PDT by r9etb
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To: r9etb

We will have to agree to disagree. The FRC paper was footnoted to actual studies and was a review of actual studies. You have only to read the nonsense written by the gay judge in California in legalizing gay marriage - again - to see a lot of personal opinion posing as fact. No footnotes, no citations, not even a valid legal argument — just personal opinion.

As for the matter of “involuntary”, the authors were talking about the individual’s perception while he or she is in the untreated stage of the disorder. They are not meaning that the attraction is an unalterable condition for a lifetime.


51 posted on 11/05/2010 10:27:56 AM PDT by Albion Wilde (Government does nothing as economically as the private sector. - Ronald Reagan)
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To: Albion Wilde
We will have to agree to disagree. The FRC paper was footnoted to actual studies and was a review of actual studies.

But the authors did not write a "scientific" paper. You keep insisting they did, because they referred to scientific studies. But their own article, and their conclusions, are what matter here -- and they are not scientific.

As for the matter of “involuntary”, the authors were talking about the individual’s perception while he or she is in the untreated stage of the disorder.

.... read that again, very carefully, and see if you can realize what you just said.

They are not meaning that the attraction is an unalterable condition for a lifetime.

But they are acknowledging something that is directly counter to the conclusions they had just drawn from the scientific studies. Even if they had been "scientific" before this, they can no longer make that claim.

And to top it off, they quickly shifted from the uncomfortable discussion of "involuntary" attractions, to a discussion of "choosing to act" on those attractions.

It's not a scientific paper, FRiend. Stop trying to pretend that it is.

52 posted on 11/05/2010 11:07:49 AM PDT by r9etb
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To: r9etb; wagglebee; little jeremiah

Whether you agree to disagree or not is now beside the point. Stubbornly clinging to your insistence that an organization that is opposed to the affirmation of homosexuality should not be trusted to write about it, either as science or as essay, is your position. It is an untenable position, since think tanks of all types routinely write and cite in favor of their positions, some with more credibility than others; you are rejecting FRC’s very right to do so in spite of their use of footnotes and citations.

I will never agree with your position, so the time has come for you to stop criticizing microscopic aspects of their essay or my responses. Your actual motivation appears to be to affirm homosexual behavior as an immutable condition, which is a position that true conservatives and certainly FR’s owner roundly reject, because the behaviors associated with homosexual identification are objectively toxic for society and for individuals.

Just as heterosexuals feel many types of attractions outside of marriage, the task of choosing what type of sexual behaviors are life-affirming falls on them as well, not just those with homosexual attraction disorder.


53 posted on 11/05/2010 11:22:52 AM PDT by Albion Wilde (Government does nothing as economically as the private sector. - Ronald Reagan)
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To: Albion Wilde
You pushed aside comments about this article on the grounds that it is "scientific."

It's not scientific, no matter how much you want it to be.

What you're left with is an opinion piece whose conclusion is drawn from a serious logical error on the part of the authors. They actually rejected the only hard data they presented.

It's no longer a question of whether or not homosexuality is wrong, or a civil right, or whatever.

The question now is, can you really trust a couple of guys who made such a glaring error in pursuit of their point?

54 posted on 11/05/2010 11:28:36 AM PDT by r9etb
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To: r9etb
The answer, and this is my last post to you on this thread, is that you cannot completely trust anyone at all but God.

It is your conscience and your commitment to solve your moral dilemmas through prayer, surrender to God and scriptural study that will settle all questions of how to behave, and which behaviors are beneficial to your soul.

If you do not care about your eternal soul, then this discussion is an entire waste of your time as well as mine.

Pundits of both the left and the right will make their points on any issue, but no one can utterly trust any words but those of God in the ear of a person with a contrite heart.

Good luck.

55 posted on 11/05/2010 11:48:52 AM PDT by Albion Wilde (Government does nothing as economically as the private sector. - Ronald Reagan)
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To: Albion Wilde
(rolls eyes)

Nice words. But the article is still not scientific.

56 posted on 11/05/2010 11:59:25 AM PDT by r9etb
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To: r9etb

Basically what you are saying is that only those who have no viewpoint at all about homosexuality can write anything that qualifies as “scientific”.

Since such a person does not exist, there can be nothing ever written about homosexuality that is “scientific”.


57 posted on 11/05/2010 12:36:39 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: little jeremiah
Basically what you are saying is that only those who have no viewpoint at all about homosexuality can write anything that qualifies as “scientific”.

Not at all. What I am saying, is that if a person attempts to defend an article on the basis that it employs the "scientific method," then it is fair to test that assertion.

And if the assertion turns out to be false (as is the case for this article), then the claim that the article is somehow based on testable data, rather than being just another opinion piece, is also false.

In this case, the authors actually reject the scientific data they had previously cited, and then go on to change the entire basis of the discussion -- from one of "involuntary" actions, to a discussion of choices.

And they do so without announcing the shift.

All that can really be said about the argument set forth in this article, is that it just does not hold together.

I've showed you exactly where, and how the argument fails. It's a pretty glaring error -- caused either by a lack of objectivity caused by devotion to their opinions; or an outright prevarication. The former is more charitable, and more likely ... but the latter is possible, too.

You should be complaining to the authors of this piece of crap, rather than whining to me because I pointed out their errors.

58 posted on 11/05/2010 1:27:46 PM PDT by r9etb
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