Deal Hudson
The Window for October 22, 2007
Will Homosexuality Soon Be Promoted by Law?
This week the U.S. House of Representatives will very likely vote to
add "sexual orientation" as a category of persons legally protected
from discrimination. If passed, H.R. 3685, the Employment
Nondiscrimination Act (ENDA), will mean that homosexuals can bring
lawsuits against employers they feel have discriminated against them
because of their sexual orientation.
Although
religious organizations are declared exempt, the bill, sponsored by
Rep. Barney Frank (D-MA), still poses a threat to religious liberty
because of differing state definitions of what organizations are
religious.
Sexual
orientation, by its very nature, is a private matter. But unlike other
protected categories -- race, religion, national origin, sex,
pregnancy, age, disability -- it's a subjective term.
ENDA will
practically require employers to ask about the sexual orientation of
their employees. As a senior member of the Bush administration told me,
"Your sexual orientation is whatever you say it is. If this bill
passes, employers would be encouraged to discuss sexual orientation
with employees, something that most people think is inappropriate."
Jim Kelly, a
religious liberty attorney in Atlanta, pointed out the further impact
this bill could have on corporate culture: "Inevitably, a corporation
will find itself in the position of having to fire an ineffective gay
or lesbian employee. To avoid lawsuits for doing so, corporations will
act preemptively to prove they are gay-friendly. Their lawyers and
human-resource directors will insist that they meet self-imposed hiring
quotas and promote gay and lesbian activities and foundations."
And ENDA doesn't
apply solely to hiring, promotion, or firing decisions. It includes
discrimination "against any individual with respect to the
compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation" (emphasis added).
In other words,
corporations will be in the business of promoting homosexual culture
and lifestyles. As Kelly puts it, "To avoid lawsuits, corporations will
be working overtime to create a positive environment for gays and
lesbians. Everything from company benefit offerings to corporate
publications and employee parties will have to be choreographed to
portray sensitivity to sexual orientation."
Kelly went on to
explain that, once these lawsuits are brought against employers for
discrimination in hiring, the plaintiff's attorney will ask questions
like, "What did you do to promote the gay and lesbian lifestyle in your
organization?" "Where is gay pride day?" "Why don't you extend health
benefits to partners?" "Why don't you support your local gay and
lesbian advocacy group?" "How many of your executives and board members
are gay or lesbian?"
Once
corporations are required to create gay and lesbian-friendly
environments, religious liberty will be compromised. People of faith
who believe that homosexual acts are sinful will be discouraged from
saying it out loud. Catholics, who are taught to view homosexuality as
an "objective disorder," will have to keep that opinion to themselves.
Christians may, in fact, be viewed as possessing an animus toward gays and lesbians by virtue of their orthodox beliefs.
The senior
member of the Bush administration put it this way: "ENDA would inhibit
religious speech. Discrimination law works like this: If persons in a
soup kitchen start talking critically about the gay lifestyle,
homosexuals will feel unwelcome and could sue the employer. The net
effect is to attack the core of religious liberty: right of self
determination and association."
ENDA is another
example of the political left using the law as a tool for social
change. There is no doubt that it puts orthodox Catholics at risk of
being accused of creating a hostile working environment for gays and
lesbians.
Even though ENDA
exempts religious organizations from compliance, the very definition of
"religious" remains ambiguous and tricky to apply uniformly across all
50 states. It's almost a certainty that these exempted organizations
would be caught up in a web of expensive lawsuits, initiated and
coordinated by gay activists, simply to prove their religious identity.
The Civil Rights
Act of 1964 was passed to create much-needed protection for
African-Americans after more than a century of discrimination. The
other protected groups -- including gender, nationality, and disability
-- are objective and do not require an invasion of privacy to determine.
President Bush
has stated that he is opposed to employer discrimination on the basis
of sexual orientation; it is rumored that the White House assisted in
hammering out the final version of H.R. 3685. ENDA will probably be put
on the president's desk in the next month.
Let's hope the
Congress and president look at the religious and cultural ramifications
of making ENDA into law. This Act will give gay and lesbian groups a
very sharp sword to wage in the culture wars.