Category archives: Human Sexuality

Biden’s Cabinet (Part 6): Secretary of Labor Marty Walsh’s Fixation on the LGBT Agenda

by Joseph Norris

March 23, 2021

This is Part 6 of a blog series examining the records of President Biden’s Cabinet picks on abortion and family issues. Read previous posts on Antony BlinkenXavier BecerraJennifer GranholmMarcia Fudge, and Shalanda Young.

Confirmed by the Senate 68-29, Marty Walsh, the new secretary of the U.S. Department of Labor (DOL), will have to choose between advancing the LGBT agenda and protecting religious liberty. Given the policies of past Democratic administrations and Walsh’s own track record, it is safe to assume that he will advocate for policies that favor the LGBT agenda to the detriment of religious liberty.

Walsh served as a member of the Massachusetts House of Representatives before serving two terms as the mayor of Boston. During his confirmation hearing on February 4, Walsh highlighted his status as a labor union member and advocate. A closer analysis of his background reveals a long track record of prioritizing the LGBT agenda. As a Massachusetts state representative, Walsh argued in favor of same-sex marriage bills. As Boston’s mayor, he intentionally hired several LGBT employees as a political statement, not based solely on their merits for the job, and made the bathrooms in City Hall gender-neutral. Walsh also sought to ensure that city employees had access to “transition-related healthcare services.” Walsh seems set to continue his LGBT activism at the DOL.

The policies of the Obama-era DOL severely limited the religious liberty of faith adherents that sought to contract with DOL. As a result, religious individuals and non-profit organizations were less likely to seek government contracts or utilize government services. Seeking to reverse this trend, the Trump administration’s DOL finalized a rule encouraging “the full and equal participation of religious organizations as federal contractors.” Family Research Council had submitted comments in support of this rule change, which ensured that people would “be free to believe as they engage with the government and in the public square.” This rule change is one of the policies that is likely in danger with Walsh at the helm of the DOL.

As FRC’s David Closson has noted, there is a growing perception in America that religious liberty is merely an excuse for bigotry. We must tactfully and graciously contradict this misconception, explaining that religious liberty—freedom of belief—is good for everyone, not just people of faith. Christians should also pray that Walsh and the DOL will seek the good of all American workers while still respecting the religious freedom protected by the First Amendment to the U.S. Constitution.

Thinking Biblically About Love

by Joseph Backholm

March 17, 2021

On “Worldview Wednesday,” we feature an article that addresses a pressing cultural, political, or theological issue. The goal of this blog series is to help Christians think about these issues from a biblical worldview. Read our previous posts Thinking Biblically About Unity, Thinking Biblically About Safety, and Thinking Biblically About “Christian Nationalism”.

This week, the Vatican made headlines when it released a statement that said the Catholic Church cannot bless same-sex relationships because God “does not and cannot bless sin: he blesses sinful man, so that he may recognize that he is part of his plan of love and allow himself to be changed by him. He in fact ‘takes us as we are, but never leaves us as we are.’”   

The Vatican’s announcement shouldn’t have come as such a shock. This has been the orthodox Christian belief since the time Jesus walked the earth. Nevertheless, the reactions were predictable.

Don Lemon, a CNN television personality who identifies as gay, had this response: “I would say to the pope and the Vatican and all Christians or Catholics … go out and meet people and try to understand people and do what the Bible and what Jesus actually said, if you believe in Jesus, and that is to love your fellow man and judge not lest ye be not [sic] judged” (paraphrasing Mt. 7:1).

Lemon’s call for love is not surprising, and Christians agree in principle that part of following Jesus is loving people. Jesus told His disciples the night before His crucifixion, “By this all people will know that you are my disciples, if you have love for one another” (John 13:35 ESV). Years later, the apostle John wrote to his fellow believers, “Beloved, if God so loved us, we also ought to love one another” (1 John 4:11).

But what is biblical love?   

Many, like Don Lemon, equate love with tolerance. From this perspective, it is unloving to say that same-sex relationships are sinful because that isn’t tolerant. However, God does not conflate love and tolerance.  

In God’s world, loving people is a priority, but it is not the highest priority. Loving God is the highest priority: “You shall love the Lord your God with all your heart and with all your soul and with all your mind. This is the great and first commandment. And a second is like it: You shall love your neighbor as yourself” (Mt. 22:37-39).

We love God first and foremost through our obedience to Him and His word. As Jesus said, “If you love me, you will keep my commandments” (John 14:15). And again, “Whoever has my commandments and keeps them, he it is who loves me” (John 14:21).

Part of our obedience to God is loving those He created, and He tells us how to do that. The apostle Paul penned one of the Bible’s most famous expositions on what love of neighbor looks like: “Love is patient, love is kind, it is not jealous; love does not brag, it is not arrogant. It does not act disgracefully, it does not seek its own benefit; it is not provoked, does not keep an account of a wrong suffered … it keeps every confidence, it believes all things, hopes all things, endures all things” (1 Cor. 13: 4-5,7 NASB).

There is much in this list for the “love is tolerance” crowd to like. But in the midst of this list is a verse that is absolutely critical to understanding the difference between biblical love and the world’s conception of love. That verse is, love “does not rejoice in unrighteousness, but rejoices with the truth.”  (1 Cor. 13:6).

This is the point where, as Robert Frost would say, “two roads diverged in the wood…” The world’s understanding of love requires a celebration of unrighteousness, whereas God’s definition of love forbids it. Christians must choose.

This choice may be challenging for those who have spent their Christian lives conflating love with likability and tolerance. Jesus tells us to “let your light shine before others, so that they may see your good works and give glory to your Father who is in heaven” (Mt. 5:16 ESV). Does this mean that if people don’t like what we do in the name of God, we’re doing it wrong? Not necessarily. Loving people well does not always translate into people liking you. Just ask Jesus. They killed Him. He warned His disciples before His death that the world would hate them, too, on account of Him (John 15:18-25). We do not need to fear our fellow man, however, because God is our helper (Ps. 118:5-9, Rom. 8:31-39).

The fact is, a lot of people don’t want to be loved by God; they want to be indulged by God—and everyone else. However, if we love God, there are things we can’t indulge. As Christians, it is not our job to be liked by people; it is our job to love people like Jesus did—with a love that is patient and kind, a love that does not rejoice in unrighteousness but rejoices with the truth.

The reason why Christians can’t celebrate unrighteousness is important—the entire gospel hinges upon it. It is our unrighteousness that separates us from God and sentences us to eternity in hell. Fortunately, there is a solution (John 3:16, Rom. 6:23), but celebrating the problem is unhelpful because it obscures the solution. 

Loving as God loves and refusing to celebrate unrighteousness may bother Don Lemon and others, but it won’t bother Jesus, and pleasing Him is much more important. To borrow another line from Robert Frost, “I took the road less traveled and that has made all the difference.” Or, as Jesus said, “Enter by the narrow gate. For the gate is wide and the way is easy that leads to destruction, and those who enter by it are many. For the gate is narrow and the way is hard that leads to life, and those who find it are few” (Mt. 7:13-14).

Alabama Seeks to Protect Minors from Gender Transition Drugs and Surgeries

by Chantel Hoyt

February 18, 2021

Alabama lawmakers are currently considering two bills that would prohibit doctors from prescribing gender transition drugs, hormones, and surgeries to minors. Known as the “Vulnerable Child Compassion and Protection Acts,” these bills are designed to protect minors who are struggling with gender confusion from harmful procedures that cannot be fully reversed later and that they may likely come to regret.

These bills also prohibit nurses, counselors, and school personnel from withholding information about a child’s gender confusion from the child’s parents. Senate Bill 10, introduced by Representative Shay Shelnutt of the state’s 17th district, passed the Senate Healthcare Committee in a vote of 11 to 2 last Wednesday, while House Bill 1 is still awaiting a vote after being the subject of a public hearing by the House Judiciary Committee on the same day. Under both bills, doctors who violate such laws would face criminal charges.

The Alabama House version of the bill was introduced by Republican Wes Allen last year. “When I learned that this was going on in our state of Alabama, I was really shocked that puberty blockers and cross-sex hormones were being given to minors,” he said on Washington Watch recently. When asked about his motivation behind the bill, Allen replied that it is simply about protecting children. “The most important thing we can be doing as legislators is taking care and protecting children, so that’s really the motivation behind it.” 

Rep. Allen also spoke briefly about how children lack the proper ability to make life-altering decisions, as well as studies that suggest that 85-90 percent of children with gender dysphoria will eventually outgrow such issues and “grow to accept how God made them and grow to accept their bodies.” Allen was hopeful about the success of House Bill 1: “We’ve got to make sure we protect our kids, and we’re looking forward to advocating for this bill in the weeks to come.”

Chantel Hoyt is a Research Assistant with State & Local Affairs at Family Research Council.

How Biden’s Therapy Bans Will Harm “LGBT Youth” Like Me

by Erica

January 26, 2021

A recent Washington Post headline proclaims that “Biden’s ambitious LGBT agenda poises him to be nation’s most pro-equality president in history.” He allegedly earns this title by supporting several pro-LGBT policies. Specifically, one of Biden’s promises states that he will support legislative efforts to ban what critics of the practice call “conversion therapy”—counseling to help a person resist and overcome unwanted same-sex attractions. As someone who has greatly benefited from practices that would be outlawed or restricted by this legislation, I adamantly believe that Biden’s LGBT platform will cause harm to the very people it aims to help. 

High school and college years are a season of life where identity formation is so critical. Gen Z is currently entering adulthood in a world where the media and culture encourages us to explore every aspect of our identity. And believe it or not, I am all for learning different sides and opinions of any topic. I believe that young people are smart and equipped to weigh alternatives and make decisions for themselves. We owe it to them, as a nation founded on freedom, to have the opportunity to explore what they want their life to look like. 

The issue is that when it comes to sexuality, this freedom to explore only seems to extend as far as what fits within the pro-LGBT agenda. With the push of legislation like the Therapeutic Fraud Prevention Act that seeks to ban all sexual orientation change efforts, youth will be left hearing only one view and one set of answers when it comes to sexuality. These bans will eliminate the ability for Christians like me with questions about same-sex attraction to hear a perspective that greatly helped me to find freedom and grow in my faith.

Accessing resources to help me discern a biblical sexual ethic and receiving discipleship on how to live that out, from both staff at my college and a ministry group, has been far from the harmful experience often depicted in media and promoted by LGBT activists. In stark contrast to these dramatic and harmful stories of “conversion therapy” often told, my experiences in these communities are where I have found some of the most Christ-like love. Ironically, the word that I would use to sum up my experience would be “acceptance.” Those supporting bans on sexual orientation change efforts are claiming to want to provide acceptance to LGBT youth. While I believe they may have their hearts in the right place, these supporters need to know that the actual result of these policies being put into place will not be true inclusion. 

Through enacting these proposals, Joe Biden will be opposing the very places and people that have embraced me in deep and meaningful ways. Had there been a ban on “conversion therapy” while I was seeking these resources, I firmly believe my story would be drastically different—and I would identify as gay. This is something that I now believe is incongruent with my faith and I have found deeper satisfaction and overall well-being in walking out my biblical convictions. Yet, stories like mine are not often told or accepted since they do not fit the common, Hollywood-ready narrative being promoted. 

In light of President Joe Biden’s LGBT platform, I urge you to ask yourself a foundational question: what really is “equality”? Is it boxing every person with questions like mine into coming to the same conclusion, to labeling ourselves simply as an “L” or a “G” or a “B” or a “T”? Or is it allowing true freedom of opportunity to seek out the places and support we believe are best for our convictions, to allow us to put more than just one letter to our story? 

A Christian Girl’s Response To a Christian Guy’s Struggle With Pornography

by Cassidy Rich

October 19, 2020

Dear brothers in Christ, I’m so sorry. I’m so sorry that you are bombarded every single day with images that truly shouldn’t exist. Images of girls showing parts of their bodies that only their husband should see. I’m so sorry that this is such an enormous avenue that Satan uses to warp your mind and rewire your brain to objectify women. While I can’t speak for all girls, I can and will speak for myself: I understand and feel compassion for you in this fight.

Studies continue to find that well over 70 percent of young men these days view pornography on a weekly basis. Articles that were published 20 years ago are still just as relevant today: Porn teaches men that women are less than human and provides a false sense of intimacy. 

I used to tell myself that I could never be in a relationship with or marry a guy who struggles with porn. “How could I love and be loved by a guy who looks at other women like that?” I thought. As I’ve given this more thought and done my own research, I’ve begun to realize something: In Christian communities, young people are told that sex before marriage is wrong, which it is, and in some ways encouraged to avoid the opposite sex until it’s time for marriage. Does this mean that we aren’t sexual beings until we are ready for marriage? Of course not. We are created to be sexual beings. Guys, it is normal for you to have those feelings. I don’t think Christians acknowledge that enough.

Avoid each other until you’re ready for marriage” was the message I received from different Christian dating books and conferences, which shall remain unnamed. In my experience, many Christian communities want to pretend like young Christians can not only abstain from sexual experiences, but abstain even from sexual feelings until the wedding night. It seems like young men in particular (though the number of young women who are struggling with porn is growing) feel that they don’t know what to do with these sexual urges and therefore, porn gives them an outlet that they can justify by telling themselves it isn’t hurting anyone and is allowing them to leave Christian girls alone so they can remain pure.

Understanding the struggle of pornography in this way, it made more sense to me why Christian guys view it. And it filled me with compassion. Porn can be as addicting as drugs, and guys get a “hit” from it just like you would if you partook of a basic street drug. Our overly sexualized culture says that porn is exciting, smartphones make it way too easy to access it, and Satan is constantly lying to us by saying that it doesn’t hurt anybody. For guys, being the visual creatures that God created you to be, the bombardment of these lies makes it seemingly impossible to resist the urge that so easily creeps up in everyday life. But it IS possible to resist, if you’re willing to fight.

We, as Christians especially, need to remember that God created sex and that within marriage, it’s beautiful. Young Christians need to hear that these sexual feelings are not evil, but are God-given and are best fulfilled in marriage. They need to be guided towards preparing for and finding a spouse much earlier than the current national average of nearly 30 years old. Flirting, holding hands, hugging, and even kissing before you get married aren’t sins. Every couple is different and can set their own standards within biblical parameters, but we should stop fearing that anything beyond a side hug is going to make us lose control.

So to my sisters, let’s pray for our brothers in Christ that we can have an understanding approach. And guys, let us help you fight. Please know that when you view porn, whether you realize it or not, you’re comparing real life girls with the porn stars. Porn stars are digitally enhanced women who are often abused and in very unhealthy situations during the production of porn. These girls are someone’s sister or daughter. It’s not right for you to think that you can only be attracted to girls who look this way just because that’s what you’re viewing on your screen. Porn makes you value unrealistic outward appearances, not a girl’s personality and character.

If God puts a girl in your life who is chasing after Him, loves others, and who you just have fun with, pursue that girl and don’t let her go! Am I saying you should marry a girl you’re not physically attracted to? Nope. I’m saying you’ll be surprised at how physically attractive she is when you start valuing the right things. Don’t let porn make it more difficult for you to physically and emotionally connect with a real girl. That’s unhealthy for you and will honestly ruin your life. After long-term exposure to porn, you will find yourself turning to it when you are under stress, lonely, sad, struggling, or just plain bored. It becomes a coping strategy when problems arise.

One of the keys to overcoming porn addiction is developing strong relationships with real people. You must begin by being truthful with yourself. As you search inside yourself and pray for God to open your eyes, it is vital to recognize how pornography has influenced your life. How has it affected your overall happiness and well-being? How has it changed the quality of your relationships? How has it affected your spiritual life and your relationship with God? Through honest evaluation, you will see things you want to change. This desire for change is a good, God-honoring point in your life. Take advantage of the resources out there to hold you accountable. You can overcome this. It will be well worth it for you, your future wife, your future children, and society as a whole.

Cassidy Rich formerly served at FRC. She grew up in a large homeschooled family, loves kids, and ministers in her church’s childcare program. After living in Washington, D.C. for almost three years, she moved back home to Arizona to be closer to her awesome family.

Zuckerberg’s Two-Faced Support of “Free Expression” and Censorship of Therapy

by Peter Sprigg

August 4, 2020

Congressman Jim Jordan (R-Ohio) grilled the CEOs of Amazon, Apple, Google, and Facebook about censorship of conservative voices online in a congressional hearing July 29. He asked each if they were “concerned about the ‘cancel culture’ mob and what it’s up to.”

Here is what Facebook’s Mark Zuckerberg said in reply:

Yes, Congressman. I believe strongly in free expression. Giving people a voice is an important part of what our services do, and I’m very worried about some of the forces of illiberalism that I see in this country that are pushing against free expression. I think that this is one of the fundamental democratic traditions that we have in our country. And it’s how we make progress over the long term on a number of issues. And our company is committed to doing what we can to protect people’s voice.

If Zuckerberg means what he said in his sworn testimony to Congress, step one would be to immediately reverse his company’s decision to “cancel” all content supportive of sexual orientation and gender identity change efforts (SOCE or GICE)—usually referred to by its critics as “conversion therapy.”

According to news reports, on July 10, a spokesperson for Facebook and Instagram, Tara Hopkins, their public policy director for Europe, the Middle East, and Africa, issued a statement saying that Facebook would remove all content promoting so-called “conversion therapy.” CNN reported that this was an expansion of Facebook’s “existing policies on hate speech worldwide.”

Ms. Hopkins reportedly said,

We don’t allow attacks against people based on sexual orientation or gender identity and are updating our policies to ban the promotion of conversion therapy services.

It’s puzzling that an offer to help willing participants achieve their own personally-chosen goal of overcoming unwanted same-sex attractions or becoming comfortable with their biological sex would be considered an “attack against people based on sexual orientation or gender identity.”

On the other hand, it seems logical that “attacks against people based on sexual orientation or gender identity” would include attacks upon people who self-identify as ex-gay based upon their sexual orientation (as well as attacks against people who formerly identified as transgendered but who have de-transitioned based upon their gender identity).

But Facebook’s new policy is not prevention against attacks on individuals self-identifying as ex-gay—it is apparently the successful result of them. The announcement of the new policy follows a systematic campaign of social media attacks upon a U.K. man named Mike Davidson and his organization Core Issues Trust (CIT). These attacks were waged precisely because of Davidson’s self-identified sexual orientation as ex-gay.

It is particularly ironic that Mr. Davidson is being accused of “hate speech,” given the communications he has received from his critics:

CIT’s Facebook page has been barraged with pornographic images — some suggesting pederasty — from activists posting to CIT’s account. . .  

A phone text received by Mike Davidson, who leads both groups, told him, “Kill yourself… I hope you drop dead.  I hope you and your family are raped and killed. Do it. Kill yourself. Just do it.”

Ms. Hopkins of Facebook goes on:

We are always reviewing our policies and will continue to consult with experts and people with personal experiences to inform our approach.

I’m not aware of Facebook consulting with any therapists who actually conduct sexual orientation change efforts—although they would seem to be the people with the most “expertise” on the subject. Nor does Facebook seem to have consulted with people whose “personal experiences” include having benefited from undertaking sexual orientation change efforts. Facebook’s “approach” will not be “informed” if they listen to only one viewpoint.

Another news report, in the LGBT publication the Washington Blade, says:

Mathew Shurka, co-founder of Born Perfect, a project run by him and the National Center for Lesbian Rights that is dedicated to ending conversion therapy, worked with Instagram and Facebook to create a system to identify content promoting the practice.

Shurka is an LGBT activist who has told legislatures a far-fetched tale that when he attended a weekend retreat with an ex-gay ministry called Journey Into Manhood, “Not everyone walked out alive.” As the National Task Force for Therapy Equality has noted,

Perhaps the most disturbing part of Shurka’s testimony is that no one, not even the press, asked him why he didn’t report the so-called “deaths” that occurred during his experience with Journey Into Manhood. Surely, if a crime, suicide, or homicide had occurred, a police report would have been filed. Yet, these stories continue to be recorded as testimony in front of state legislatures and printed in gay activist media outlets . . .

So Facebook consulted with a political activist on only one side of a controversial issue (one of dubious credibility), and then announced a sweeping new policy of complete censorship without even consulting the other side.

Now, an article posted by Media Matters suggested some organizations they think Facebook should censor under the new policy. To illustrate its point, the article featured some of the social media content these organizations have posted. Ironically, the 17 (!) posts effectively debunk much of what is usually said by those seeking to ban SOCE.

One of them said,

My change has meant I have been able to fulfill my desire to remain with my wife and family . . .

Is this an unworthy goal? Can any sensible person call it “hate speech?”

Another one said,

It is … unethical for therapists to impose their agendas on clients.

One would think that would be a key point of common ground with critics of SOCE. Is it “hate speech?”

Another one said,

This therapy does not attempt to change an individual from being gay to straight, but rather it helps an individual to heal from past hurts and fear.

Again, heavy-handed attempts “to change an individual from being gay to straight” are what the critics are concerned about. This post ought to be reassuring. Does Facebook consider it “hate speech?”

I’ve learned of at least one Christian ministry in the U.S. that has had their entire Facebook page removed as of July 23. It’s called “Healing for the Soul.”

What does Facebook have against “Healing for the Soul?”

More to the point—where’s the “aversion therapy?” The electric shocks? Where’s the coercion—especially of minors? Where are the sweeping guarantees of immediate, total transformation? Where are the licensed mental health providers saying all you have to do is “pray away the gay?” Where’s the “shaming” of people with same-sex attractions? Where are all the horror stories that are regularly trotted out to justify imposing unprecedented legal restrictions upon the goals of private psychotherapy?

Where’s the “homophobia?” Where’s the “hate?”

It seems pretty clear to me that the reason the LGBT activists are concerned about what’s on Facebook is not because people are finding “lies” about “conversion therapy” there—it’s because they are afraid people may find the truth, unfiltered by the distortions of LGBT activists and their lackeys in the “mainstream” media.

Transgenderism is Now Rated G

by Arielle Leake

July 17, 2020

The Baby-Sitters Club is a new Netflix series based on the popular children’s books by the same name published in the late ‘80s and early ‘90s. The books—and now the television series—follow the lives of four 12-year-old girls and their entrepreneurial babysitting endeavors. Unfortunately, parents who fondly remember the books from their own childhood should think twice before allowing their impressionable children to watch this G-rated show.

Transgenderism is brazenly presented, unchallenged, and actively celebrated. The fourth episode of the show “Mary Ann Saves the Day” prominently displays the show’s cultural indoctrination. One of the four main characters, Mary Ann, is tasked with babysitting Bailey, a young boy who firmly believes he is a girl and lives a transgender lifestyle. The episode is fraught with highly concerning dialogue and messaging. For example, Mary Ann’s friend explains Bailey’s lifestyle to her by saying, “We all want our insides to match our outsides.” This explanation clearly illustrates the two-story dualism underlying the transgender movement or, as Nancy Pearcy puts it in her book Love Thy Body, “the idea that your brain can be at war with your body.”

The scriptwriters are so committed to the idea that your feelings control who you really are that they cannot even promote healthy encouragement. When Mary Ann, who struggles with self-confidence (as most tween girls do), exclaims that she is “a pathetic cry-baby,” the only help her friend can offer is to say, “If you believe you are a pathetic cry-baby who am I to tell you otherwise.” It could have been a moment used to show young girls how to support and encourage one another while not affirming a lie someone believes about themselves. Instead, all the show can muster is a weak statement meant to shove forward the philosophy that how you feel dictates who you are.

Mary Ann finally finds her “confidence” when she takes it upon herself to reprimand the doctor and nurse who dare to address Bailey by his biological sex. Mary Ann instructs them that “from here on out,” they should “recognize her for who she is.” Further, she requests that they bring Bailey something other than the standard blue hospital nightgown, which he evidently finds highly offensive.

Even more appalling, those in the position of authority—both the medical professionals and the child’s parents—willingly go along with the young child’s whims. Instead of helping him see who God created him to be, they encourage his harmful fascinations and reinforce the idea that fitting a certain “stereotype,” whether it be wearing blue or playing tea parties, is what makes you a male or female.

As a young woman, I am disappointed to see a show that will be viewed by many young and impressionable girls espousing such harmful views—without so much as a question about the consequences of these ideas. Instead of giving young girls a proper view of what it means to be a woman, The Baby-Sitters Club presents womanhood as something that is merely a product of your feelings and not a God-given identity.

In a world that is becoming increasingly accepting of transgender ideology, parents should be cautious about the ideas being espoused in the media their children consume. Christians have a role to play in restoring an understanding that humans are a unique combination of both body and soul, which equally make up who we are and are not at war with each other. Nancy Pearcy defines the Christian’s role as being “the first in line to nurture and support kids who don’t ‘fit in’ by affirming the diversity of gifts and temperaments in the body of Christ.” This is exactly the opposite of what is done in The Baby-Sitters Club.

Arielle Leake is a Policy & Government Affairs intern focusing on religious liberty.

The Silence of the Libs in Bostock

by Peter Sprigg

July 14, 2020

I, together with colleagues, have already commented several times on the outrageous opinion authored by Supreme Court Justice Neil Gorsuch in the case of Bostock v. Clayton County. (See an initial response co-authored by Mary Beth Waddell, another here, and separate pieces analyzing the problems with the decision regarding sexual orientation and gender identity.)

Gorsuch, together with Chief Justice John Roberts and the Court’s four most liberal justices (Ginsburg, Breyer, Sotomayor, and Kagan), ruled that the prohibition on discrimination “because of … sex” found in the Civil Rights Act of 1964 extends also to discrimination based on “sexual orientation” and “gender identity.” The decision leapfrogged the democratic process by granting to homosexual and transgender persons special protections not granted by a majority of states nor by Congress, despite proposals to do so going back decades.

The three dissenting justices produced two dissenting opinions. Justice Samuel Alito wrote one with which Justice Clarence Thomas joined, while Justice Brett Kavanaugh wrote separately. They did a thorough job of dismantling Justice Gorsuch’s astonishing claim that he was merely interpreting the plain language of the 1964 statute in granting this sweeping victory to the LGBT movement. Between them, the 82 pages of dissent were two and a half times as long as the 33-page Gorsuch opinion.

But what I found in some ways even more interesting was what the four liberals who concurred with Gorsuch said.

Nothing.

Not one of the Court’s four most liberal justices wrote a single word in concurrence. None saw fit to wax eloquent about what the decision would mean for Americans who identify as LGBT—ironically, only the two dissenters did that. Justice Alito wrote:

The updating desire to which the Court succumbs no doubt arises from humane and generous impulses. Today, many Americans know individuals who are gay, lesbian, or transgender and want them to be treated with the dignity, consideration, and fairness that everyone deserves.

Justice Kavanaugh went even further, implying that if he were a legislator, he would have voted for a bill to do what the Bostock decision did:

[I]t is appropriate to acknowledge the important victory achieved today by gay and lesbian Americans. Millions of gay and lesbian Americans have worked hard for many decades to achieve equal treatment in fact and in law. They have exhibited extraordinary vision, tenacity, and grit—battling often steep odds in the legislative and judicial arenas, not to mention in their daily lives. They have advanced powerful policy arguments and can take pride in today’s result.

Yet the four liberal justices, Ginsburg, Breyer, Sotomayor, and Kagan, wrote not a single word.

In my opinion, there is a profound cynicism in that. The silence of the liberals confirms, more eloquently than anything they could say, the chief criticism of their philosophy. To them, only the result matters, not the reasoning.

The exact same thing happened five years ago in the Supreme Court’s last “landmark” decision on LGBT rights—Obergefell v. Hodges, in which the Court declared unconstitutional state laws defining marriage as the union of one man and one woman. In that 5-4 decision, the Court’s “swing vote,” Anthony Kennedy, wrote a nebulous opinion declaring, “The Constitution promises liberty to all … to define and express their identity.” All four of the dissenting justices wrote separate opinions detailing their objections; but not one of the liberals wrote a concurring opinion.

A few days later, a writer in the liberal New Republic hit upon why, pointing out that Kennedy’s “opinion in Obergefell is, logically speaking, kind of a disaster.” The writer, Brian Beutler, believed that “his ultimate holding was the correct one. But the price of admission for Court’s four liberals was to join a muddled, unconvincing opinion.”

Beutler seemed to shrug and say there was no other choice:

But as long as Kennedy is the Court’s “swing” justice, he will frequently be the liberal justices’ best hope for good outcomes, and they will feel compelled to defer to him, even if he’s unable to marshal arguments that stand the test of time.

Justice Kennedy has now retired—but in Bostock, it was Justice Neil Gorsuch who did the liberals’ dirty work for them.

Justice Gorsuch’s Bostock opinion was of a completely different style from Kennedy’s in Obergefell. Gorsuch claimed to be strictly applying the principles of “textualism,” a judicial philosophy most closely associated with the late Justice Antonin Scalia. According to Gorsuch, his decision “follows ineluctably from the statutory text.”

Of course, Justice Samuel Alito demolished this claim in his dissent, writing:

The Court’s opinion is like a pirate ship. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that Justice Scalia excoriated––the theory that courts should “update” old statutes so that they better reflect the current values of society.

In any case, the Supreme Court’s four most liberal justices are not “textualists.” A writer for Slate, Richard L. Hasen, expressed the liberal contempt for “textualism” and its sibling “originalism” in 2018, decrying the “bankruptcy” of “a kind of formalism which resuscitates the moribund idea that judges do not make law in part through value judgments, but instead find law through neutral principles.” (The Constitution, I guess, is “moribund”—either dying or obsolescent.)

However, Hasen noted, “liberal lawyers trying to get progressive results at the Supreme Court have already begun trying to pick off conservative justices through a calculated embrace of the theories.” In fact, he calls this “the model for what liberal lawyers are going to need to do,” noting that “because at least some of the [conservative] justices actually believe they are applying neutral principles … , they can be persuaded to vote against conservative positions . . .”

This approach seems to have worked in the Bostock case, “picking off” both Justice Gorsuch and Chief Justice John Roberts.

The complicity of the four liberal justices in this cynical strategy is demonstrated by their silence.

Bostock and Gender Identity: Gorsuch Cancels Male and Female

by Peter Sprigg

July 2, 2020

In a recent blog post, I noted that virtually all critics of Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County identified his misinterpretation of the word “sex.” The Civil Rights Act of 1964 forbids employment discrimination “because of sex,” and Justice Gorsuch interpreted “sex” to incorporate “sexual orientation” and “gender identity” as well.

I went further and noted that not only is “sexual orientation” not the same as “sex” or merely a part of it, but it is a different type of personal characteristic. Sex is an objective characteristic determined by biology, while “sexual orientation” is a somewhat vague concept that includes a fluid combination of feelings, behaviors, and self-identification.

The same can be said of “gender identity”—it, too, involves a mix of feelings (“gender incongruity” or “gender dysphoria”), behaviors (“gender expression” in the form of clothing, hairstyles, makeup, etc.), and self-identification (being “transgender,” “non-binary,” or “gender fluid,” for example).

However, the “gender identity” portion of Justice Gorsuch’s decision is even more muddled, and has even more radical implications, than the sexual orientation portion.

Bathrooms, Locker Rooms, and Dress Codes

For example, Justice Gorsuch dismisses concerns about “sex-segregated bathrooms, locker rooms, and dress codes,” saying those were not at issue in the Bostock case. Justice Samuel Alito’s dissent, however, declares, “The Court’s brusque refusal to consider the consequences of its reasoning is irresponsible.”

Although the majority opinion is 33 pages long, the heart of its reasoning is found in this simple hypothetical:

Consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague. Put differently, the employer intentionally singles out an employee to fire based in part on the employee’s sex, and the affected employee’s sex is a … cause of his discharge.

(The flaw in this, as Alito and others point out, is that the fired employee in this hypothetical situation differs from the retained employee not in only one characteristic, but in two—both his sex and his sexual orientation are different.)

But let’s look at how the exact same analogy would apply to showers and locker rooms—perhaps made available as part of a fitness center provided by a company as a fringe benefit to its employees. Here is Gorsuch’s logic (with only the italicized portion changed from his opinion):

Consider, for example, an employer with two employees, both of whom seek to use a locker room and showers in which the employee may see female employees in the nude and may appear nude in front of female employees. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he looks at female employees nude in the locker room and shower and exposes his own nude body to female employees, the employer discriminates against him for traits or actions it tolerates in his female colleague. Put differently, the employer intentionally singles out an employee to fire based in part on the employee’s sex, and the affected employee’s sex is a … cause of his discharge.

This is not some generalized slippery slope argument—this is the precise (indeed, irresistible) logic of Gorsuch’s opinion.

But note something important: this outcome is not dependent on the employee’s “gender identity.” Under the Gorsuch logic, any male employee has the right to observe his female colleagues nude, and to expose his own nude body to them, in the locker room or shower. To limit this privilege only to males who identify as female would be, ironically, to “discriminate” on the basis of “gender identity.”

Lying About Sex

While this is the inescapable logic of Gorsuch’s opinion, he shies away from it in his actual discussion of “gender identity.” Here is the hypothetical he presents with respect to that issue:

Or take an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female. If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employee’s sex plays an unmistakable and impermissible role in the discharge decision.

His previous hypothetical involving sexual orientation was (somewhat) more straightforward—because a “man” (a “male employee”) is treated differently from (what Gorsuch considers to be) a similarly situated “woman” (a “female colleague”), there is (Gorsuch argues) discrimination “because of sex.”

But in the gender identity hypothetical, there is no “man” or “woman,” no “male” or “female” employee at all—only a person “identified as male at birth” and one “identified as female at birth,” each of whom “now identifies as female.”

Earlier in the opinion, Justice Gorsuch had said that “we proceed on the assumption that [the word] “sex” [in 1964] signified … biological distinctions between male and female.” To be consistent with that “assumption,” the first employee in the hypothetical should have been described as “a transgender person who is male but who now identifies as a female.” That language, however, would have been offensive to transgender activists, who insist that self-identification defines what a person really “is.”

If Justice Gorsuch had been consistent (and honest)—referring to “a transgender person who is male but who now identifies as a female”—it would have cast the “discrimination” at issue in a different light. When an employer (such as Harris Funeral Homes, in this case) parts ways with an employee such as Anthony Stephens (because he wanted to identify as female and be known as “Aimee”), it is not because of the employee’s sex, but because the employee is lying about his sex.

#SexNotGender

Justice Gorsuch scrupulously avoided any mention of the LGBT movement and its philosophical assumptions in his opinion, insisting that he was merely applying literally the language of the 1964 Civil Rights Act. However, the inconsistency of his two hypotheticals shows that it is impossible to discuss “gender identity” without addressing fundamental concepts of what is true and what is real.

Outside the Supreme Court on the day of oral arguments, supporters of Harris Funeral Homes in the gender identity case (which included radical feminists from the Women’s Liberation Front, or WoLF) carried signs with the hashtag “#SexNotGender.” This carried two layers of meaning. The most basic relates to the court’s interpretation of the Civil Rights Act—discrimination because of “sex” refers to biological sex, and it does not extend to “gender” (identity). At a more philosophical level, “Sex Not Gender” implies support for the view that the objective, physical reality of one’s biological sex is a more reliable indicator of whether one is “male” or “female” than the subjective, psychological construct of “gender identity.”

Which is more important—“sex” or “gender identity?” This is a genuine debate, and Americans have a right to hold and argue for whichever opinion they believe in. The problem is, it is impossible to be neutral on this point—anyone who uses the categories of “male” or “female” at all must make a choice how to define them. The Bostock opinion chooses “gender identity,” and forces that choice on private employers, even though Congress plainly did not do so.

The Civil Rights Act made it unlawful for an employer to discriminate “because of sex.” The Bostock decision goes much further—essentially making it unlawful for an employer to act on the belief that “sex” is real. A law that was intended to protect the male and female sex is being interpreted to abolish (biological) sex altogether.

How Do We Authentically Love Our LGBT-Identifying Neighbors?

by Laura Lee Caum

July 1, 2020

Who am I to judge?” For many years, this has been the common response from well-meaning Christians in the Gen Z generation when it comes to conversations regarding the moral status of homosexuality and same-sex marriage. This response should not be surprising, as it comes from those who were raised in a pluralist society heavily influenced by postmodernism and secularism.

While members of the Baby Boomer generation are generally surprised by aspects of the LGBT movement, the majority of Americans in the Millennial and Gen Z generations are quite comfortable with the moral changes happening in the country. This is in large part due to the timing of the movement. By the time those of us in the Gen Z generation were graduating high school, significant changes in law and policy had already been enacted. For example,“Don’t Ask Don’t Tell” had been repealed, many states had already legalized same-sex partnerships/marriages, and the Senate had voted to allow those who identify as homosexual to serve openly in the military. Furthermore, Obergefell v. Hodges, the Supreme Court decision that legalized same-sex marriage in all 50 states, was decided when many of us were just beginning to pay attention to the political and public policy debates happening in our country.

In light of the overwhelming support among the younger generation for same-sex marriage, how should younger Christians respond? How should we engage on this sensitive moral issue that we believe the Bible speaks clearly to? These are important questions that younger Christians committed to the authority of God’s Word must consider and speak clearly to. What follows are my thoughts on how Christians in the Gen Z generation can provide a thoughtful yet faithful response.

First, it is important to realize that many supporters of the LGBT movement are not strangers to the church. In fact, many of them sat under biblical preaching for years. One could then raise the question: why would faithful churchgoers readily neglect the truths of the Bible? While each situation is unique, allow me to suggest two reasons.

First, they may have watched media coverage of a number of spiritual leaders march with hateful signs or yell hateful things at those who identify as LGBT. Those few spiritual leaders who take such action twist Scripture to their own liking. Thinking they are advocating for morality, these spiritual leaders are actually failing to act with love toward those who identify as LGBT. This failure can lead to the hearts of many LGBT supporters to degrade into resentment, creating a separation between themselves and the church.

On the other side of the spectrum, the second reason faithful churchgoers are now readily neglecting the truths of the Bible is that some spiritual leaders have taken a “love everyone” approach. This approach is radically different from the “fire and brimstone” style but has the same damaging affect. The blanket statement of “love everyone” neglects the justice and truth that Jesus taught. It instead teaches the young member that their only role is to “love” their friends who identify as LGBT. The young member then concludes that they can love without the guidance of the church, and their place in the pew eventually sits empty. What then should the church do to retain these members and speak the whole message of the gospel?

The most compelling example of combining love and justice is found in John 8. For those unfamiliar with this story, this passage tells the story of a woman caught in the act of adultery. The religious leaders of the day bring her before Jesus and proudly proclaim, “Now in the Law, Moses commanded us to stone such women.” Those who preach a fire and brimstone message would applaud this dedication to the law. The religious leaders then ask Jesus his opinion on what should be done with the woman. Obeying the Proverb to be slow to answer, Jesus eventually replies, “Let him who is without sin among you be the first to throw a stone at her.”

If the story ended here, spiritual leaders who preach a “love everyone” message would be ecstatic. But the story doesn’t end here. As the religious leaders slowly walk away, Jesus asks her if there is anyone left to condemn her. No one is left. In a brilliant moment of combining the truth of God and the grace he offers, Jesus says, “Neither do I condemn you; go, and from now on sin no more.” That is the approach spiritual leaders should take. God is both just and merciful, and both must be preached. A sermon that follows this guideline condemns homosexuality for what it is, which is a distortion of the good gift of sexuality. This same sermon, however, should encourage a peaceful and loving attitude towards those in the LGBT movement.

To Christians who are tempted to sacrifice morality on the altar of supporting the LGBT movement, take a moment and reevaluate what love actually is. Though our culture has tried to combine the two, love and lust are radically different. One is selfless and live-giving while the other is selfish and destructive. Truly loving someone means instructing them in the way of truth. Jesus prevented the woman in John 8 from being stoned, but also instructed her to leave her life of sin. That is love. Love is not changing your social media profile picture to a rainbow flag, or marching during “Pride Month.” Examine the love that Jesus expressed, and do the same.

Pride Month forces Christians to examine themselves. Are we actually preaching the gospel, which combines truth and love? Ask yourself: Am I reaching out to those who struggle with homosexuality and loving them as Jesus does? How will I advocate for legislation that defends natural marriage and the family? We must answer these questions. We must act. Love requires that of us. Christians have no excuse to passively sit back and say, “Who am I to judge?”

Laura Lee Caum is a Communications intern at Family Research Council.

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