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Marriage Law Under Assault in Illinois

Lambda Legal in cahoots with the American Civil Liberties Union (ACLU) of Illinois are suing the Cook County Clerk for purportedly violating the Constitution of Illinois when Cook County refused to issue marriage licenses to men who sought to marry men and women who sought to marry women. To make matters worse, these ethically challenged Illinois leaders have all expressed support for the lawsuit: Governor Patrick Quinn, Attorney General Lisa Madigan, Cook County State’s Attorney Anita Alvarez, and Cook County Clerk David Orr.

Lambda Legal is a homosexual legal organization hell-bent on using the judicial system to bypass the will of the people in order to impose its subversive sexuality theories on the entire country. This is the organization that shoved same-sex marriage down the throats of Iowans, which, not incidentally, brought the electoral defeat of those judges who threw their lots in with Lambda Legal.

Like the Iowa judges, Lisa Madigan and Anita Alvarez have crossed over to the dark side by abandoning all ethical and professional commitments to uphold and defend Illinois laws. Illinois’ Marriage and Dissolution of Marriage Act defines marriage as a legal relationship between one man and one woman. It was amended in 1996 to prohibit marriage between two people of the same sex. Even Lambda Legal attorney Camilla Taylor expressed shock over Anita Alvarez’ refusal to defend a duly enacted law, saying, “’I’ve never encountered this before.’”

Why should homosexuals be permitted to redefine marriage while other groups may not?

Lambda Legal and the ACLU hold the bizarre belief that there is a constitutional right for homosexuals to demand that the most fundamental constitutive element of marriage — sexual complementarity — be jettisoned.  It is, however, no more unethically discriminatory for the government to retain sexual complementarity in its legal definition of marriage than it is to limit marriage to two people, which effectively prohibits polyamorists from accessing marriage. I wonder if Lambda Legal and the ACLU of Illinois believe that laws limiting marriage to two people are unconstitutional because such laws will prevent three loving people in a polyamorous union from marrying.  And do they believe that laws prohibiting close blood relatives from marrying are unconstitutional because such laws will prevent a brother from marrying a male sibling with whom he is in love and hopes to raise children?  

Do governments construct marriage?

The government does not construct marriage out of whole cloth. Marriage has an inherent nature and purpose that societies and their governments merely recognize. Our government recognizes, regulates, and promotes a type of relationship that exists and best serves the needs of children.

Marriage is a particular type of relationship that has existed for the entire history of mankind and across all cultures. Men and women come together to form a union that is not merely emotional, but sexual and biological, which means it has a natural biological end (i.e., it is a procreative type of union, whether or not children result). Recognizing, regulating, and promoting this particular type of union is a legitimate interest of government. The government has no vested interest in “affirming love” through law. If marriage were centrally or solely about love and sexual desire and had no connection to either gender or procreation, there would be no reason for the government to be involved and no reason to prohibit incestuous or plural marriages.

Are laws banning same-sex “marriage” analogous to laws banning interracial marriage?

According to the Chicago Tribune, David Orr said that “he believes the state’s ban on same-sex marriage is akin to laws that once banned mixed-race couples from marrying.” But that assertion requires evidence that homosexuality is by nature akin to race, something that David Orr was apparently not asked to provide.

Here are some critical differences between race and homosexuality: Race is 100 percent heritable, in all cases immutable, and has no behavioral implications that are legitimate objects of moral assessment. Homosexuality, on the other hand, is not 100 percent heritable, is in some cases mutable, and is constituted by subjective feelings and volitional acts that are legitimate objects of moral assessment.

There are other reasons that laws banning same-sex marriage are utterly different from laws banning interracial marriage, including the following:

  • Race is irrelevant to the inherent nature and purpose of marriage and to the government’s sole interest in marriage: procreative potential.
  • Anti-miscegenation laws were based on a flawed understanding of human nature. As Dennis Prager explains, anti-miscegenation laws were based on the false notion that people of different races had different natures: “There are enormous differences between men and women, but there are no differences between people of different races. Men and women are inherently different, but blacks and whites (and yellows and browns) are inherently the same. Therefore, any imposed separation by race can never be moral or even rational; on the other hand, separation by sex can be both morally desirable and rational.”  Marriage laws that recognize that marriage is a sexually complementary union are based on the true belief that men and women are by nature different.
  • Finally, anti-miscegenation laws were based on who the person is, whereas laws prohibiting marriages between people of the same sex are based on actions.  Thomas Sowell, who happens to be black, explains, “The argument that current marriage laws ‘discriminate’ against homosexuals confuses discrimination against people with making distinctions among different kinds of behavior. All laws distinguish among different kinds of behavior.” A black man who wants to marry a white woman is seeking to do the same action that a white man who wants to marry a white woman seeks to do. A law that prohibits an interracial marriage is wrong because it is based on who the person is, not on what he seeks to do. But, if a man wants to marry a man, he is seeking to do an entirely different action from that which a man who wants to marry a woman seeks to do. A law that prohibits homosexual marriage is legitimate because it is based not on who the person is but rather on what he seeks to do. Any man may engage in the act of marrying a woman (if she is of age and not closely related by blood).

Conclusion

Homosexual men claim they are attracted only to men. Homosexual women claim they are attracted only to women. Both sets of claims point to the truth that men and women are by nature different. If men and women are by nature substantively different, then unions composed of two people of the same sex must necessarily be substantively different from sexually complementary unions. It is perfectly legitimate for the government to treat different things differently.

Men and women who choose to make their unchosen same-sex attraction central to their identity are not prohibited from participating in the institution of marriage. They choose not to participate in it.  The starting point for homosexual activists in their analysis of the issue of redefining marriage is not the Constitution, the law, or deep thinking about the sources of morality. No, their analysis starts with their own sexual feelings. From there, like the Sophists of old, they concoct specious “reasons’ to persuade the public that gender and procreative potential are irrelevant to marriage.

The ignorance of homosexuality-affirming activists like Lambda Legal attorney Camilla Taylor is exceeded only by their hubris. We hope and pray that the efforts of the Thomas More Society and the Illinois Family Institute, which have stepped in to do what Madigan and Alvarez should be doing, will prevail over ignorance and self-righteous hubris.

 




Chicago Tribune’s Propagandist for Homosexuality: Rex Huppke

I can’t say I was surprised by Rex Huppke’s Dec. 1, 2010 front-page Chicago Tribune story on the passage of the “civil union” bill, but I was certainly disappointed by its lack of objectivity. His sources were exclusively pro-homosexual, and there was nary a word about opposition to this bill. He evidently didn’t solicit so much as a comment from anyone who finds this bill troubling.

Not only was there no discussion of the controversial nature of the bill or its potentially harmful implications, but there was also no mention of any strong arm tactics that may have been responsible for conservative lawmakers reversing their commitments to oppose the bill.

Huppke more than once introduced the hospital visit red herring, without once mentioning President Obama’sApril 15 executive order mandating that any hospital that receives Medicaid or Medicare funds allow hospital visits for same-sex partners.

And there was a curious discussion at the end of this article regarding the economic impact of this bill. Huppke quotes Brad Sears who claims that any increase in health care costs will be negligible “because the LGBT population is small and the same-sex couple population is even smaller.” And yet, this very small population of same sex couples will potentially save “tens of millions” of state dollars because once same-sex partners are joined in a civil union, their combined income may make them ineligible for social services.

Doesn’t it seem odd that due to its teeny tiny size this segment of the population will not noticeably increase health care costs, but this same teeny tiny group may potentially save social services tens of millions of dollars? I guess if the entirety of this teeny tiny group of same sex couples is on Medicaid, it could account for this huge savings.

On Dec. 3, Huppke’s next advertisement for civil unions appeared in the Trib.

Advocate Huppke gave one paragraph to homosexual activist Rick Garcia, three paragraphs to attorneyCamilla Taylor who works for the homosexual advocacy law firm Lambda Legal, three paragraphs to pro-homosexual law professor Andrew Koppelman, and only one to Catholic Conference director Robert Gilligan.

It was especially troubling that Huppke chose to showcase these ignorant and smug words from Koppelman in the concluding paragraph:

The big picture is that the people that think homosexual conduct is intrinsically immoral have been spectacularly unsuccessful at passing on their views to their children….I got news for you. You’re already on the slippery slope.

It would have been both fair and illuminating to solicit a response from a conservative scholar on the issue of the apparent increasing support among the nation’s youth for all things homosexual. Koppelman (and perhaps Huppke) is either deceitful or spectacularly ignorant of the reasons for such apparent increasing support.

Might the exploitation of public education have something to do with the transmogrification of children’s moral and political views? There is absolute censorship of all writing by conservative scholars in public schools even as students are exposed to essays, articles, plays, novels, films, speakers, and “enumerated” anti-bullying resources that espouse unproven, non-factual “progressive” beliefs about the nature and morality of homosexuality. Public school libraries carry anywhere from 50-150 resources that affirm “progressive” assumptions about homosexuality and 0 that affirm conservative views. Why doesn’t Huppke do a story on that astonishing manifestation of censorship–censorship that should trouble all educators, civil libertarians, and defenders of diversity?

I am on occasion interviewed by high school and college students. I have learned that many are spectacularly ignorant:

  • They believe without evidence that homosexuality is ontologically equivalent to race. They and anyone else who employs arguments based on the flawed analogy between homosexuality and race should be asked to provide justifications for this analogy. For example, all public educators who use such an analogy should be required to explain the ways they believe homosexuality is like race and that they explain to students the weaknesses of and challenges to this analogy.
  • They believe that laws prohibiting same-sex “marriage” are analogous to laws prohibiting interracial marriage. This reveals that they don’t understand the difference between homosexuality and race/skin color. They don’t understand that anti-miscegenation laws were based on the erroneous belief that black men and white men are ontologically different, whereas laws prohibiting same-sex marriage are based on the true belief that men and women are ontologically different. These young people also don’t understand that when a black man seeks to marry a white woman, he is seeking to do the same thing that a white man is doing, so the discrimination inherent in anti-miscegenation laws is discrimination based on race or skin color. In the case of same sex “marriage,” however, the discrimination is based on behavior, which is legitimate. In the case of same sex “marriage,” a man is seeking to marry a man, which is an utterly different act that a man marrying a woman. Laws prohibiting same-sex marriage are not discriminating between people based on immutable, morally neutral conditions; these laws make rational distinctions between behaviors or acts.
  • They believe that marriage is solely a private relationship.
  • They have no understanding of the reasons why the government is involved with marriage.
  • They believe that disapproval of homosexual acts constitutes hatred of persons, and yet curiously they don’t apply that principle consistently. They don’t assert that their moral disapproval of particular beliefs or volitional acts constitutes hatred of persons.
  • They believe that to demonstrate love, one has to affirm all beliefs and all behavioral choices of others, and yet they don’t apply that principle consistently. They believe that it’s possible for them to love those whose moral beliefs and behavioral choices they do not affirm.
  • They have no idea that until the late 20th Century, there were no Catholic or Protestant theologians who embraced “gay” theology.
  • They believe that homosexuals constitute 10% of the population (a long-discredited figure).
  • They believe that science has proved that homosexuality is 100% heritable even though they can’t produce even one study to support that claim.
  • They have no idea that “Queer Theory” argues that homosexuality is mutable and fluid.
  • They have no understanding of church-state relations. They would be stunned to read what Martin Luther King Jr. said about law in “Letter From Birmingham Jail.” I’m often asked if my opposition to legalized same-sex marriage violates the Constitution. Because students have such a lousy understanding of the First Amendment, they have trouble answering this question: If someone attends a church that affirms homosexuality, should they be prohibited from imposing their religious beliefs in law through support for legalized same-sex marriage?

Perhaps their ignorance is facilitated by the failure of public schools to have students study the work of the best scholars on both sides of the debates surrounding homosexuality. Perhaps their ignorance is facilitated by biased reporting like that of Huppke. And perhaps their ignorance contributes to their adoption of myopic, specious Leftist assumptions.

Now factor in the entertainment and advertising industries that promote through language and images the same unproven Leftist assumptions. Finally, throw into this toxic mix the use of invective to scorn and humiliate anyone who dares to publicly assert the belief that homosexual acts are immoral, and even Koppelman might be able to understand why the younger generation appears to be embracing the ontological and moral views of the Left.

I have been called “c**t,” “b**ch,” and “a****le”–multiple times. I have been told that I’m a “f***ing idiot” who should die–multiple times. I was recently threatened with “schoolyard” violence. And the Southern Poverty Law Center has added IFI to their “hate groups” list. Might this kind of vitriolic bullying contribute to the transformation of the moral views of young people or at least to their silence?

Neither I nor anyone affiliated with IFI has ever advocated hatred or violence. In fact, we have advocated against both. We neither express hatred nor feel hatred, but that’s irrelevant to the contemporary promoters of diversity and tolerance. If anyone dares to express his conservative moral claims with as much boldness and conviction as “progressives” do theirs, he will be on the receiving end of shocking hostility, lies, and invective.

It might have served both the cause of journalistic integrity and enlightened discourse if Huppke had bothered to explore the propagandistic tools that are shaping the public debate on homosexuality.

I have a question for the powers-that-be at the Chicago Tribune: Do you believe that Rex Huppke is covering the homosexual issue in general and the civil unions issue in particular fairly and objectively?

Perhaps Mr. Huppke could be reassigned to the editorial page and leave reporting to someone with the professional integrity to write objectively.




Homosexual Agenda Engenders Discrimination

Two controversies recently highlighted by the mainstream media underscore the urgent need for people of faith and moral conscience to vigorously oppose the homosexual political agenda. Twenty years ago, these stories would never have been reported, but today, activists within the liberal media are doing their level best to fabricate, mold and promote emotionally manipulative storylines designed to demonize traditional Judeo-Christian teaching and practices.

Christian Adoption Organizations
The first story is about a Christian adoption and family agency that denied an adoption request by homosexual partners from Chicago. Lutheran Child and Family Services of Illinois (LCFS) — which is affiliated with the conservative Lutheran Church-Missouri Synod — has a policy that forbids applicants who self-identify as gay, lesbian, bisexual, transgender or questioning from adopting or fostering.

No one should expect a Christian adoption agency to place a child into a home of adults who openly and proudly practice what the Bible clearly identifies as sin.

Fox Chicago News ran an “investigation” story this past Monday (Nov. 8, 2010) regarding this issue, asking if this is “a case of blatant discrimination, or religious freedom?” By their own admission, their “investigation” has “both government and civil rights leaders scrambling to settle the law.”

In their story, Fox Chicago reported that the Illinois Department of Children and Family Services (DCFS) confirmed that the Illinois Human Rights Act exempts religious-based adoption agencies from the anti-discrimination rules that non-religious agencies and organizations must follow.

Camilla Taylor, the senior staff attorney for Lambda Legal (a pro-homosexual legal organization with a $20+ million annual budget), disagreed. Taylor told FOX Chicago News that state contractors are prohibited by law from discrimination, and suggested that several similar state and federal court rulings set a clear precedent. So I guess the religious exemption in the Illinois Human Rights Act is worthless. This simply means that the LCFS and other conservative faith-based organizations (and businesses) cannot make biblically based decisions about the morality of homosexuality and must abide by the godless anti-discrimination doctrine of the government — First Amendment notwithstanding.

As a result of this “investigation,” the DCFS provided Fox Chicago with this statement:

DCFS and the Illinois child welfare system have a proud history of tolerance and inclusiveness. We have licensed tens of thousands of foster and adoptive parents without regard for sexual orientation, and we know from experience and research that sexual orientation does not affect parents’ abilities to provide a safe, loving home for children. DCFS met last week with Lambda Legal, along with the Governor’s Office and Attorney General’s office, to begin to resolve these very complex legal issues. We all share a commitment to shape Illinois law and policy to respect the rights of all Illinoisans, and we will continue working together toward that goal.

For good measure, Fox Chicago pointed out that LCFS, Catholic Charities and Evangelical Child — all of which uphold the biblical ideal of family — received more than $23 million in state funding in fiscal year 2010. This constitutes a not-so-subtle hint to policy-makers to defund these religious groups.

Open Lesbian Fired at Catholic University
The second story is about Springfield, Illinois’ Benedictine University. This Catholic school recently fired school administrator Laine Tadlock after her Iowa “marriage” announcement was published in the State Journal-Register.

In a Sept. 30 letter to Ms. Tadlock’s attorney, Benedictine President William Carroll wrote

…By publicizing the marriage ceremony in which she participated in Iowa she has significantly disregarded and flouted core religious beliefs which, as a Catholic institution, it is our mission to uphold.

Ms. Tadlock was offered early retirement Aug. 27. According to published reports, Ms. Tadlock met that day with Carroll and Mike Bromberg, dean of academic affairs. Ms. Tadlock said Carroll told her he had consulted three Catholic bishops about the situation, including Bishop Thomas Paprocki of the Springfield diocese. The Chicago Sun-Times reports that Paprocki said the school “is to be commended for its fidelity to the truth in upholding the faith and morals as taught by the Catholic Church.”

Bottom Line
What is at stake here is the freedom for people and organizations of faith to be able to operate by the dictates of the faith they profess — free of governmental coercion and/or direction. Homosexual activists groups, the biased dominant media and liberal lawmakers (including many so-called “moderate” policy makers) are willing to sacrifice our First Amendment’s guarantees in favor of unofficial state beliefs — including unproven humanistic beliefs about sexual orientation.

IFI’s Laurie Higgins has pointed out in a number of her articles that Georgetown University lesbian law professor and current member of the EEOC Chai Feldblum publicly stated that when same-sex “marriage” is legalized, conservative people of faith will lose religious rights.

This is not a theory. It’s happening right before our eyes. Increasingly we are seeing this play out. Traditional Catholics, Protestants, Jews and Muslims are not able to make faith-based decisions about the morality of homosexuality and are being forced to abide by the godless anti-discrimination doctrines imposed by legislators and activist judges.

It is only a matter of time before these government-imposed mores are imposed on pastors, priests, rabbis, and imams. When will they be forced either to perform homosexual weddings and hire homosexuals or face costly legal action and fines for making legitimate judgments based on their moral views of sexual behavior?

Illinois citizens and Americans across the nation must begin to understand what is happening and oppose this radical political agenda that seeks to force all of us to set aside our faith, traditions and beliefs in order to honor immoral sexual behavior.

People of faith and people of moral conscience must speak up in the public square about this dangerous political agenda. A good place to start would be with the current push for same-sex “civil unions” in Illinois. This legislation (SB 1716) is everything that homosexual “marriage” is, except for the name.

SB 1716 gives all the rights, benefits and privileges of marriage. This will be the basis for many lawsuits against religious organizations, churches and people of faith.

In Massachusetts and California, the public schools have used the “legalization” of “same-sex marriage” as a mandate to teach children as young as kindergarten to affirm homosexual acts, homosexual relationships and “diverse family structures” as morally equivalent to heterosexuality, heterosexual relationships and the traditional family structure.

The bottom line is that we can’t have both government protections for religious liberty and government protections for homosexual behavior, and, therefore, which will it be?


Do you think that homosexual activists will be content with getting same-sex “civil unions?” 

Listen to two leading gay activists:

 

More Great IFI Resources: