In 2008, the Advocate, the leading LGBT news magazine in the U.S., ran a cover that starkly declared, in all capital letters, “GAY IS THE NEW BLACK.” It was a dramatic illustration of an assertion (explicit or implicit) that has been at the heart of the LGBT rights movement—the idea that “sexual orientation” is “immutable,” or incapable of change.
Now, the left is pushing for a bill that would declare “gay is the new black” in even more direct terms. On April 2, the House Judiciary Committee held a hearing on the “Equality Act”—better termed the “Inequality Act”—a piece of legislation masquerading as a civil rights protection that would actually increase inequality and harm women and children. This bill has been introduced before, but has new life because of the Democratic majority in the U.S. House. It would amend virtually every area of federal civil rights law to include “sexual orientation” and “gender identity,” not only in the area of employment, but also public accommodations, housing, credit, and a raft of other areas.
The Equality Act would begin by amending the granddaddy non-discrimination law of them all—the Civil Rights Act of 1964. This was the law passed at the height of the African-American civil rights movement of the 1960’s in order to break the back of the pervasive Jim Crow racial segregation laws in the deep South. Without much debate, Congress also prohibited discrimination based on “sex.” What both race and sex have in common is that they are inborn, involuntary, immutable, innocuous—and in the U.S. Constitution. None of these criteria apply to “sexual orientation” (or “gender identity”). Yet the Equality Act would add these “categories” to federal law nonetheless.
This bill is based in part on the idea that any laws or practices which in any way disadvantage those who engage in homosexual conduct—from restricting their military service to defining marriage as the union of a man and a woman to allowing religious schools not to hire or admit them—are inherently unjust because a person’s sexual orientation (like their race) is fixed at (or before) birth and can never change.
In the 2015 Supreme Court decision which redefined marriage to include same-sex couples (Obergefell v. Hodges), Justice Anthony Kennedy was explicit in declaring that his opinion rested on this premise. “Only in more recent years have psychiatrists and others recognized that sexual orientation is . . . immutable,” Kennedy declared. Marriage is a “fundamental right,” and the petitioners’ “immutable nature dictates that same-sex marriage is their only real path to this profound commitment.”
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SOURCE: Christian Post, Peter Sprigg