Dolan attempts Re-defining “Religious Liberty” for America.

I live in a heavily Jewish neighborhood in Los Angeles. Every Friday I see many of my neighbors walking (it is not permitted to drive on the Sabbath) with their families. Some of them wear clothing that would have been used in nineteenth century Eastern Europe. Some men simply wear conservative suits and yamaka their wives dressed in black or dark blue ankle length dresses.


My next-door neighbor is an Evangelical Protestant. Every Sunday, he and his wife, dutifully climb into their SUV and drive to their church for worship. The Buddhists down the block own a Thai restaurant and have a neatly manicured lawn. There is a gay couple a few doors down the street, one is an agnostic and the other is an atheist. There is a Church of Religious Science located at the end of our street. The Minister and his partner (a Roman Catholic) came to dinner a few weeks ago.


When I think of “Religious liberty” I think of my neighborhood in LA. Religious Liberty for me, and many Americans, means that you are free to follow your own conscience on matters of belief. That no one, no institution and most certainly not the government have the right or the power to dictate to you what you may or may not believe, or what dietary or adult consensual sexual practices you may or may not engage in predicated on those beliefs.


The Buddhist couple, although they are vegetarians, serve meat dishes to their customers who wish to purchase and eat meat. The local supermarket stocks and sells both kosher foods and bacon. When the city repaved our street, the Religious Science Church down the block offered its parking lot to local residents, so that they had a place to park their cars. They did not require us to convert to Religious Science for that convenience. Occasionally Jehovah Witnesses ring the doorbell, I am polite but have absolutely no desire or intention of joining their religion. The Hasidic Jews have not threatened to burn down the Religious Science Church because the Minster is gay and has a male partner.


I would be offended and vocal, if any of my neighbors were attacked or maligned because of their beliefs, or if some entity attempted to force them to change their beliefs. I hope my neighbors would also stand by me, if I were attacked or maligned due to my beliefs, or some entity attempted to forcibly change my beliefs. That is my understanding of “Religious Liberty.” However, Archbishop Dolan of New York City, the current president of the National Conference of Catholic Bishops [NCCB] has a radically different understanding of “Religious Liberty.”


“Citing the famous preamble to the Declaration of Independence, Dolan wrote that the rights of "life, liberty, and the pursuit of happiness" are now "increasingly and in unprecedented ways under assault in America" because of administration policies.”


He goes on to list six items he believes impinge on “Religious Liberty.” These include:


1. Proposed regulations that requires private health insurers to cover contraceptives for patients who wish to use contraceptives.

2. Proposed requirements those religious aid groups, who accept federal money, to include condoms in their HIV prevention campaigns.

3. Dolan claims that “the religious conscience exemptions” in the proposals from the Department of Human Services “are not broad enough.”

4. Dolan also cites the administration's challenge to the "ministerial exception" rule, which will be argued Wednesday (Oct. 5) at the U.S. Supreme Court, which could determine whether churches have to conform to employment discrimination laws for workers who are not clergy.

5. Dolan also blasted the White House's decision not to defend the Defense of Marriage Act (DOMA), which defines marriage as the union of one man and one woman.

6. Dolan voiced frustration that neither he nor the previous USCCB president, Cardinal Francis George of Chicago, received responses to private letters sent to Obama. Dolan said that's partly why he decided to take the feud public.




Essentially, Dolan wants,


1. For your health insurance NOT to cover the cost of contraceptives that you chose to use.

2. To use your tax dollars as he wishes, without requirements attached for the use of public funds.

3. To be able to invoke “religious conscience exemptions” at will and at his personal discretion.

4. To apply “ministerial exception” not only to clergy, but also to secretaries, gardeners, custodians, bookkeepers, choir directors, musicians, housekeepers, accountants, security guards, and any other person employed by the Church. That means these employees, as a condition of their continued employment, had better agree with the NCCB.

5. The NCCB not elected representatives, to decide policy decision and civil law.

6. The President of the United States (and all other elected officials and Judges) to “consult” privately with the NCCB in the formation/implementation of laws.

Where did the Roman Catholic Hierarchy get the idea that they have the right and the power to do all of this stuff? The Emperor Constantine and fifteen centuries of dictating moral laws in Europe and Catholic colonies. Oh, and that little exercise of over ruling the California State Supreme Court on Prop 8 (with a huge check written by the Mormon Church's leadership in Salt Lake City).

Thankfully, President Obama and the Federal government are choosing to follow the example of most Roman Catholics (and many Catholic theologians/priests) and simply ignore Archbishop Dolan, the NCCB and the Vatican. True Religious Liberty grants religious entities the freedom to make the laws of their religion, which may be voluntarily followed by their believers, but it does not grant them the power to dictate the law of the land, so far.

The Good, the Bad, and the Ugly, in the NY State Marriage Equality Battle.

First, a heartfelt THANK YOU! To Governor Cuomo for his noble intentions and great efforts on behalf of Equality. His courage, vision and unwavering leadership stand as a national model that will hopefully inspire other elected officials to move from being “politicians” to becoming “statesmen.”


Consider State Sen. Jim Alesi of Rochester, the first Republican senator to express support for same-sex marriage, predicted last week that the measure would pass with 35 votes. Not the bare minimum 32 votes, six of those votes in Senator Alesi’s projected count, would have been Republicans. So, why does it seem that the Republican Senate Majority Leader Dean G. Skelos is choosing kill the bill by political maneuvering?


The “micro” answer is that Michael Long, a majority of Republican State Senators, Archbishop Dolan & Co., and probably the national RNC are applying considerable political pressure in order (among the Republican Party elements) to appeal to their base. On the part of Dolan & Co., it was to appeal to Benedict XVI (and secure future promotions).


The “macro” answer is essentially that Skelos, Long & the Republican Party are driving in a very determined manner, tragically they have their eyes firmly fixed on the rearview mirror and are not looking through the windshield. Politically, this is a strategic error on the part of Republican leadership, since objective poling indicates that Americans now approve of Marriage Equality by 53% (58% in New York state). Furthermore, those polls show a movement in favor of Marriage Equality by 2% to 4% annually.



This posits a serious national problem for the Republican Party, their current strategy might work for one more national election, but after that they will have to do a radical 180-degree course correction on Marriage Equality and other LGBTQ Civil Rights issues. In short, if they kill New York State Marriage Equality legislation, they will squander a credible opportunity to begin making that course correction. An ardent Equality Foe, New York state senator Ruben Diaz said, “gay marriage is inevitable in the State of New York.” Had I been a political consultant to Skelos & Co., I would have advised him to bring the bill to a vote and timed it to occur while the President was delivering yet another of his signature milquetoast speeches at an LGBTQ fundraiser in Manhattan.




In one of life’s delicious ironies, President Barack Obama was speaking at an LGBTQ fundraiser the very night that the New York State Senate Republicans were expected to announce a decision on allowing the Marriage Equality Bill to come up for a vote. Talk about a missed opportunity for the Republicans! Take a moment now to imagine (and enjoy) the frenetic conversations between Obama and his speechwriters as he attempted to calculate the most non-committal and yet “encouraging” speech possible. Reach for an airsickness bag as you read Obama’s statement that Equality legislation should, “Best addressed by the states.” What would you call a politician that made such a statement regarding Jim Crow laws?




Consider Obama's actions on a national Health Care Plan, the two TRILLION dollar wars, the housing/financial crisis, the closing of GITMO in Cuba, his reluctance on ending DADT, hesitation on ENDA and his last hour conversion on DOMA. Winston Churchill's quip about America seems very apt about Obama as well, "Eventually they [he] will do the right thing, but only after they have [he has] exhausted every other option." In my heart, I wish it was President Cuomo instead of Obama, but like a person on a bicycle who sees an Aston Martin drive by, I wish that was mine, but the bicycle will get me were I need to go.


That said, I am not reaching for my checkbook with any enthusiasm or haste and if DADT is not certified by the projected September 2011 date, I will have extra money to spend on gifts this holiday season. I am sure that Obama’s view, and more importantly, his real world actions on, Equality legislation will “evolve.” However, I believe that evolution will reflect objective political polling, and not a personal moral conviction, on the subject. At the end of the day, he is a politician. He may well be of service to Equality, but he is no Joan of Arc, Dr. King, Gandhi or even Abraham Lincoln.


So, what practical lessons have we learned from this circus? The squeaky wheel gets the oil. Stand-up, Speak-out, reward/punish with your vote & checkbook, and perhaps most of all, do not settle for anything less than Equality NOW, or that is what you will get.

A Fatal Blow for DOMA

President Barack Obama has ordered the Department of Justice to stop defending Section 3 of the Defense of Marriage Act [DOMA]. In a letter to House Speaker John Boehner, the Attorney General Eric Holder gave the rationale of the White House and the Department of Justice for this decision.

Moreover, the legislative record underlying DOMA’s passage contains discussion and debate that undermines any defense under heightened scrutiny. The record contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus the Equal Protection Clause is designed to guard against. See Cleburne, 473 U.S. at 448 (“mere negative attitudes, or fear” are not permissible bases for discriminatory treatment); see also Romer, 517 U.S. at 635 (rejecting rationale that law was supported by “the liberties of landlords or employers who have personal or religious objections to homosexuality”); Palmore v. Sidotti, 466 U.S. 429, 433 (1984) (“Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect.”).

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Note the language employed by the U.S. Attorney General in his letter explaining “why” the Department of Justice will no longer defend Section 3 of DOMA and considers it to be unconstitutional. He specifically states, “the kind of sterotype-based thinking and animus the Equal Protection Clause is designed to guard against.” This expresses almost verbatim Judge Walker’s ruling on the unconstitutionality of Prop 8 in California. In that decision Judge Walker also stated that the proponents were motivated by an animus against same-sex couples.

What is beginning to take shape here is an increasingly clear legal opinion based on the findings of science. The American Psychological Association bluntly states

Is sexual orientation a choice?

No, human beings cannot choose to be either gay or straight. For most people, sexual orientation emerges in early adolescence without any prior sexual experience. Although we can choose whether to act on our feelings, psychologists do not consider sexual orientation to be a conscious choice that can be voluntarily changed.

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This represents reasoned thinking and that is one of two critical components in the advancement of our rights. Julian Bond, the former President of the NAACP stated, “this is the Civil Rights movement of this generation.” The other critical component in our struggle for justice is that our cause be reasonable. For political parties and politicians that means voter approval, and in 2010, according to the Gallup Poll Organization, for the first time fifty percent of Americans accepted Same-Sex relationships.

The hesitation on the part of the judiciary in declaring laws such as DADT and DOMA unconstitutional is historically based. The landmark Roe v. Wade decision by the U. S. Supreme Court in 1973 was far ahead of popular opinion at that time. The Court experienced a backlash that still manifested today by the social conservative political movement and accusation of “activist judges.”

What this means is that although the Executive branch will continue to enforce DOMA, it will not defend it in court. Eventually, the law will be ruled unconstitutional and Same-sex married couples will enjoy the federal protections and benefits (e.g. income tax, immigration, etc) currently enjoyed by opposite-sex couples.

Today we have won a battle in an ongoing war to claim full Civil Rights for LGBTQ people, and ENDA is next. It is important to remember that even after the signing of the Equal Rights Act in 1964 and the establishment of full legal equality racism did not end. The NAACP is still fighting for the day of full social equality. So it is premature and unwise to claim this is the “Victory.” We are refreshed and encouraged, but the struggle continues.