Christians Sue for Right Not to Tolerate Policies
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From the L. A. Times
http://www.latimes.com/news/printedition/la-na-christians10apr10,0,6596503.story
Christians Sue for Right Not to Tolerate Policies
Many codes intended to protect gays from harassment are illegal,
conservatives argue.
By Stephanie Simon, Times Staff Writer
April 10, 2006
ATLANTA — Ruth Malhotra went to court last month for the right to be
intolerant.
Malhotra says her Christian faith compels her to speak out against
homosexuality. But the Georgia Institute of Technology, where she's a
senior, bans speech that puts down others because of their sexual
orientation.
Malhotra sees that as an unacceptable infringement on her right to
religious expression. So she's demanding that Georgia Tech revoke its
tolerance policy.
With her lawsuit, the 22-year-old student joins a growing campaign to
force public schools, state colleges and private workplaces to
eliminate policies protecting gays and lesbians from harassment. The
religious right aims to overturn a broad range of common tolerance
programs: diversity training that promotes acceptance of gays and
lesbians, speech codes that ban harsh words against homosexuality,
anti-discrimination policies that require college clubs to open their
membership to all.
The Rev. Rick Scarborough, a leading evangelical, frames the movement
as the civil rights struggle of the 21st century. "Christians," he
said, "are going to have to take a stand for the right to be
Christian."
In that spirit, the Christian Legal Society, an association of judges
and lawyers, has formed a national group to challenge tolerance
policies in federal court. Several nonprofit law firms — backed by
major ministries such as Focus on the Family and Campus Crusade for
Christ — already take on such cases for free.
The legal argument is straightforward: Policies intended to protect
gays and lesbians from discrimination end up discriminating against
conservative Christians. Evangelicals have been suspended for wearing
anti-gay T-shirts to high school, fired for denouncing Gay Pride Month
at work, reprimanded for refusing to attend diversity training. When
they protest tolerance codes, they're labeled intolerant.
A recent survey by the Anti-Defamation League found that 64% of
American adults — including 80% of evangelical Christians — agreed with
the statement "Religion is under attack in this country."
"The message is, you're free to worship as you like, but don't you dare
talk about it outside the four walls of your church," said Stephen
Crampton, chief counsel for the American Family Assn. Center for Law
and Policy, which represents Christians who feel harassed.
Critics dismiss such talk as a right-wing fundraising ploy. "They're
trying to develop a persecution complex," said Jeremy Gunn, director of
the American Civil Liberties Union's Program on Freedom of Religion and
Belief.
Others fear the banner of religious liberty could be used to justify
all manner of harassment.
"What if a person felt their religious view was that African Americans
shouldn't mingle with Caucasians, or that women shouldn't work?" asked
Jon Davidson, legal director of the gay rights group Lambda Legal.
Christian activist Gregory S. Baylor responds to such criticism
angrily. He says he supports policies that protect people from
discrimination based on race and gender. But he draws a distinction
that infuriates gay rights activists when he argues that sexual
orientation is different — a lifestyle choice, not an inborn trait.
By equating homosexuality with race, Baylor said, tolerance policies
put conservative evangelicals in the same category as racists. He
predicts the government will one day revoke the tax-exempt status of
churches that preach homosexuality is sinful or that refuse to hire
gays and lesbians.
"Think how marginalized racists are," said Baylor, who directs the
Christian Legal Society's Center for Law and Religious Freedom. "If we
don't address this now, it will only get worse."
Christians are fighting back in a case involving Every Nation Campus
Ministries at California State University. Student members of the
ministry on the Long Beach and San Diego campuses say their mission is
to model a virtuous lifestyle for their peers. They will not accept as
members gays, lesbians or anyone who considers homosexuality "a natural
part of God's created order."
Legal analysts agree that the ministry, as a private organization, has
every right to exclude gays; the Supreme Court affirmed that principle
in a case involving the Boy Scouts in 2000. At issue is whether the
university must grant official recognition to a student group that
discriminates.
The students say denying them recognition — and its attendant benefits,
such as funding — violates their free-speech rights and discriminates
against their conservative theology. Christian groups at public
colleges in other states have sued using similar arguments. Several of
those lawsuits were settled out of court, with the groups prevailing.
In California, however, the university may have a strong defense in
court. The California Supreme Court recently ruled that the city of
Berkeley was justified in denying subsidies to the Boy Scouts because
of that group's exclusionary policies. Eddie L. Washington, the lawyer
representing Cal State, argues the same standard should apply to the
university.
"We're certainly not going to fund discrimination," Washington said.
*****
http://www.latimes.com/news/printedition/la-na-christians10apr10,0,6596503.story
Christians Sue for Right Not to Tolerate Policies
Many codes intended to protect gays from harassment are illegal,
conservatives argue.
By Stephanie Simon, Times Staff Writer
April 10, 2006
ATLANTA — Ruth Malhotra went to court last month for the right to be
intolerant.
Malhotra says her Christian faith compels her to speak out against
homosexuality. But the Georgia Institute of Technology, where she's a
senior, bans speech that puts down others because of their sexual
orientation.
Malhotra sees that as an unacceptable infringement on her right to
religious expression. So she's demanding that Georgia Tech revoke its
tolerance policy.
With her lawsuit, the 22-year-old student joins a growing campaign to
force public schools, state colleges and private workplaces to
eliminate policies protecting gays and lesbians from harassment. The
religious right aims to overturn a broad range of common tolerance
programs: diversity training that promotes acceptance of gays and
lesbians, speech codes that ban harsh words against homosexuality,
anti-discrimination policies that require college clubs to open their
membership to all.
The Rev. Rick Scarborough, a leading evangelical, frames the movement
as the civil rights struggle of the 21st century. "Christians," he
said, "are going to have to take a stand for the right to be
Christian."
In that spirit, the Christian Legal Society, an association of judges
and lawyers, has formed a national group to challenge tolerance
policies in federal court. Several nonprofit law firms — backed by
major ministries such as Focus on the Family and Campus Crusade for
Christ — already take on such cases for free.
The legal argument is straightforward: Policies intended to protect
gays and lesbians from discrimination end up discriminating against
conservative Christians. Evangelicals have been suspended for wearing
anti-gay T-shirts to high school, fired for denouncing Gay Pride Month
at work, reprimanded for refusing to attend diversity training. When
they protest tolerance codes, they're labeled intolerant.
A recent survey by the Anti-Defamation League found that 64% of
American adults — including 80% of evangelical Christians — agreed with
the statement "Religion is under attack in this country."
"The message is, you're free to worship as you like, but don't you dare
talk about it outside the four walls of your church," said Stephen
Crampton, chief counsel for the American Family Assn. Center for Law
and Policy, which represents Christians who feel harassed.
Critics dismiss such talk as a right-wing fundraising ploy. "They're
trying to develop a persecution complex," said Jeremy Gunn, director of
the American Civil Liberties Union's Program on Freedom of Religion and
Belief.
Others fear the banner of religious liberty could be used to justify
all manner of harassment.
"What if a person felt their religious view was that African Americans
shouldn't mingle with Caucasians, or that women shouldn't work?" asked
Jon Davidson, legal director of the gay rights group Lambda Legal.
Christian activist Gregory S. Baylor responds to such criticism
angrily. He says he supports policies that protect people from
discrimination based on race and gender. But he draws a distinction
that infuriates gay rights activists when he argues that sexual
orientation is different — a lifestyle choice, not an inborn trait.
By equating homosexuality with race, Baylor said, tolerance policies
put conservative evangelicals in the same category as racists. He
predicts the government will one day revoke the tax-exempt status of
churches that preach homosexuality is sinful or that refuse to hire
gays and lesbians.
"Think how marginalized racists are," said Baylor, who directs the
Christian Legal Society's Center for Law and Religious Freedom. "If we
don't address this now, it will only get worse."
Christians are fighting back in a case involving Every Nation Campus
Ministries at California State University. Student members of the
ministry on the Long Beach and San Diego campuses say their mission is
to model a virtuous lifestyle for their peers. They will not accept as
members gays, lesbians or anyone who considers homosexuality "a natural
part of God's created order."
Legal analysts agree that the ministry, as a private organization, has
every right to exclude gays; the Supreme Court affirmed that principle
in a case involving the Boy Scouts in 2000. At issue is whether the
university must grant official recognition to a student group that
discriminates.
The students say denying them recognition — and its attendant benefits,
such as funding — violates their free-speech rights and discriminates
against their conservative theology. Christian groups at public
colleges in other states have sued using similar arguments. Several of
those lawsuits were settled out of court, with the groups prevailing.
In California, however, the university may have a strong defense in
court. The California Supreme Court recently ruled that the city of
Berkeley was justified in denying subsidies to the Boy Scouts because
of that group's exclusionary policies. Eddie L. Washington, the lawyer
representing Cal State, argues the same standard should apply to the
university.
"We're certainly not going to fund discrimination," Washington said.
*****
