Updated 11:58 pm.EST, Sun November 22, 2009

Opinion|Tue, Aug. 19 2008 05:38 PM EDT

Why Religion and Not 'Sexual Orientation' Deserves to be a Specially Protected Class

By Rev. Mark H. Creech|Christian Post Guest Columnist

America's founders and greatest leaders have largely understood and often spoken of the necessity of religious sentiment. In an article titled "Religion and the Founders," Christopher Levenick and Michael Novak have written:

"The Founders saw the cultivation of religious sentiment as the ultimate safeguard of American liberty. They knew that liberty could only prosper among moral citizens, whose practice of self-government in their private lives was a necessary prerequisite for its exercise in public. They believed that even if it were possible for certain individuals to behave morally without believing in God, on the whole an entire citizenry could not long keep its moral bearings without the guidance of religious faith....Such thinking runs throughout the whole of American political life, from Washington to Lincoln to Roosevelt to Reagan, and up to the present day." [5]

So it is in this sense that religion provides a dual service for what is an immutable, unchangeable human need. By contrast, homosexuality is neither immutable nor a necessity to life. At best, it is a negative drive with serious complications for both the individual and the culture.

To make "sexual orientation" a "suspect class" is to corrupt the fine bread of civil rights protections with a dangerous mold. Legally, it creates an unavoidable clash between religion and homosexuality. Religion opposed to the behavior is eventually unable by law to contend the practice is immoral and thereby exercise forms of justified discrimination commensurate with its teachings. Moreover, because "sexual orientation" essentially shares nothing in common with the other enumerations, other than the experience of various forms of maltreatment, it produces inefficiencies and demoralization of the concept of greater judicial scrutiny.

In the end, after such hammering away at the system, Americans will hold it up to view with disgust, claiming it amounts to nothing more than a legal fizzle.

*******

Resources:

[1] As told by Clarence E. Macartney in Sourcebook for Speakers, Eleanor Doan, 1968, Zondervan Publishing House, Grand Rapids, Michigan [2] California Supreme Court Marriage Decision, Case No. S147999, pp. 97-98 (CA S. Ct., May 15, 2008). [3] Fayetteville Observer, Letters to the Observer, Ian McGehee, Reverend's Rules Also Apply to Religion, August 1, 2008 [4] Sermons and Addresses, John A. Broadus, Hodder and Stoughton, 1886 [5] Religion and the Founders, Christopher Levenick & Michael Novak, National Review Online, March 7, 2005

_____________________________________

The Rev. Mark H. Creech is the Executive Director of Christian Action League of North Carolina.
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  • Thu Aug 21, 2008 2:25 pm Agree: 0   Disagree: 0

    "he is still free to believe whatever he wants, the government simply won't support him."

    Simply put he can believe what he wants but he can't live by those beliefs. The Christian faith is about living what you believe. He is not free to believe what he wants because what he believes is homosexuality is wrong. That children should be between one man and one woman.

    In truth he's only free to be a hypocrite because he must practice what he does not believe. He must be willing to bow to the authority of the state over the authority of God in order to practice in CA. This is the same attitude in China.

    Make no mistake. I am not a person to throw around labels. I have lived in asia and if it walks like a duck.... The courts ruling is an example of communism.

  • Wed Aug 20, 2008 10:43 pm Agree: 0   Disagree: 0

    Mike hi,
    without getting to far into the deeper question of sexual orientation as a protected class I do need to point out that your analysis of the CA doctors is factually incorrect. you state
    Daniel, he is still free to believe whatever he wants, the government simply won't support him.
    In fact from the information I read The government is coercing these doctors to provide fertility treatment to homosexual couples over their religious objections. Whether this is right or wrong to do I believe it can not be legitimately said that the State is simply not supporting him.

  • Wed Aug 20, 2008 10:19 pm Agree: 0   Disagree: 0

    Daniel, he is still free to believe whatever he wants, the government simply won't support him. Similarly, the government in some areas of Canada has decided that if a church won't recognize a same sex marriage, they will not get government funding. I personally disagree with this, but it isn't making it illegal for churches to believe as they want to. They still have the legal right to deny a same sex couple marriage, or to deny insemination to them.

    Tell me: If a doctor decided he didn't want to inseminate an interracial couple because he felt it was against his religion (and religion has been used to back up interracial prejudice before!) does the doctor have that legal right? Should it be OK for him to do so?

  • Wed Aug 20, 2008 10:16 pm Agree: 0   Disagree: 0

    Funny you should ask Blackho! The word f*gg*t literally means a bundle of sticks. We use a bundle of sticks for burning. Back in the times of the witch hunts, which were fueled by Christianity, men presumed to be gay were often used as "kindling" for the fire, i.e. they were throw into the fires, alive, to be used as nothing more than to kindle flames to burn the witches. So sorry, but Christians of "yesteryear" have quite literally burned gays (under) the stake.

  • Wed Aug 20, 2008 6:35 pm Agree: 0   Disagree: 0

    "Religion needs to be a protected class"

    You need look no further than the doctor that was told his religious beleifs didn't matter in CA. It's the story link on this site called "Calif. Court: Doc Can't Withhold Fertility Treatment to Gays". In this case the doctors religious rights were run completely over. The court didn't see fit to protect his Christian beliefs one bit.

    Proof positive...plain as day.

  • Wed Aug 20, 2008 2:43 pm Agree: 0   Disagree: 1

    Chicago24: Nero, a bisexual, coated Christians in pitch and used them as torches to light Circus Maximus.

    When have Christians burned homosexuals at the stake?

  • Wed Aug 20, 2008 2:01 pm Agree: 0   Disagree: 0

    Simply put, all the traits mentioned in lists of protected statuses have distinct, separate origins. Attempting to compare laws banning discrimination against religious groups with laws banning discrimination against homosexuals in the manner employed in this article is equivalent to comparing laws banning discrimination because of age and laws banning discrimination based on national origin to the disfavor of either. The laws offer a similar set of legal remedies for the plaintiff, but the social justifications underpinning each are going to differ by definition, because they refer to very different physical aspects of the individual. Age discrimination is unjust, and discrimination against ethnic groups is unjust, but the qualities being discriminated against in these cases differ immensely. They are the difference between time of birth and place of birth -- different notions, to be sure!

    What the items listed in such protective legislation share is the fact that these statuses do not, by themselves, make one person more or less fit for participation in society, nor any aspect thereof, and that they have historically been the basis for discrimination or other forms of persecution. It's not a question of the "necessity" of people with these statuses to a functioning society; historically, many societies have existed for centuries with ethnically homogenous populations, with vanishingly small numbers of elderly people, with state-mandated "universal" religions, and so forth. It's a matter of whether those statuses alone cause a person to be unfit for participation in their communities. The civil rights of convicted felons and certain mentally ill people are curtailed in a number of fashions, the most visible ones being incarceration and hospitalization, respectively; this is largely because said felons and patients have shown an inability to coexist with their fellow citizens.

    The question to ask when evaluating a status for special protection is not, "is the preservation of such-and-such status vital to the survival of the country," as very few statuses actually are, but rather, "does such-and-such status, in and of itself, cause the individual to be unfit for participation in society, and, if it does not, has it been used to justify discrimination?" If widespread, significantly harmful discrimination against people with brown hair, people who play cricket, or people who crack their eggs at the small end were to be uncovered tomorrow, I would heartily recommend that any Court presented with such a case give it full consideration, possibly followed by a recommendation for protective legislation, if the problem was sufficiently common and inadequately covered under existing legislation. This in spite of my blond fur, my preference for baseball, and my unfortunate tendency to crush, rather than neatly split, eggs.

    chicago24:
    Immutability is a red herring. I think Reverend Creech and I would, in the end, agree on that.

  • Wed Aug 20, 2008 1:28 pm Agree: 0   Disagree: 0

    Religion needs to be a protected class? The author is claiming this because religion is immutable.

    If that were so, then converting to Christianity or becoming an athiest would be an impossibility.

    And when did gays ever burn Christians at the stake?

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