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Role reversal: Gay-rights advocates 'not tolerant'

By David Crary

Associated Press

Published: Saturday, June 11 2011 11:38 p.m. MDT

"We have seen individuals, ministries and even private corporations that dare to hold to a biblical worldview on sexuality bullied into a corner," Chambers wrote in a blog.

However, Wolfson said the Exodus app deserved to be removed. "They were peddling something that's been repudiated as crackpot quackery."

The campaign that pressured King & Spalding to withdraw from the Defense of Marriage Act case was criticized by a relatively wide range of commentators and legal experts, not just conservative foes of gay marriage.

"To think it's a good idea to attack lawyers defending unpopular clients — I don't have words for how stupid and wrong that is," said Wendy Kaminer, a lawyer and writer who formerly served on the board of the American Civil Liberties Union.

However, the gay-rights activists involved in pressuring King & Spalding were unapologetic.

"If we made it such that no law firm would defend the indefensible, then good for us," said Fred Sainz, the Human Rights Campaign's vice president for communication. "When you have people talking about the fact that it's no longer politically correct to be anti-equality, it's a show of progress."

Sainz said it was important for activists to pick their targets carefully.

"We understand there are good-hearted Americans in the middle who are still struggling with these issues," he said. "Different activists have different ways of getting to the same end, and some of those are bound to make certain people feel uncomfortable."

Though same-sex marriage is legal in only five states, it has for the first time gained the support of a majority of Americans, according to a series of recent national opinion polls. For some gay activists, this trend has fueled efforts to make their opponents' views seem shameful.

"Their beliefs on this issue are very quickly becoming socially disgraceful, much in the way white supremacy is socially disgraceful," wrote Evan Hurst of the advocacy group Truth Wins Out. "They are certainly entitled to cling to backwoods, uneducated, reality-rejecting views ... but their 'religious freedom' doesn't call for the rest of us to somehow pretend their views aren't disgusting and hateful."

However, some gay-rights supporters see the public opinion shift as reason to be more magnanimous.

"The turn we now need to execute will be the hardest maneuver the movement has ever had to make, because it will require us to deliberately leave room for homophobia," Jonathan Rauch, a writer and guest scholar at the Brookings Institution, wrote recently in The Advocate, a gay-oriented news magazine.

"Incidents of rage against 'haters,' verbal abuse of opponents, boycotts of small-business owners, absolutist enforcement of anti-discrimination laws: Those and other 'zero-tolerance' tactics play into the 'homosexual bullies' narrative," Rauch wrote. "The other side, in short, is counting on us to hand them the victimhood weapon. Our task is to deny it to them."

As ideological foes spar over these issues, the American Civil Liberties Union is confronted with a delicate balancing act. Its national gay rights project battles aggressively against anti-gay discrimination, but, as a longtime defender of free speech, the ACLU also is expected to intervene sometimes on behalf of anti-gay expression.

For example, the ACLU pressed a lawsuit on behalf of the fundamentalist Westboro Baptist Church, which has outraged mourning communities by picketing service members' funerals with crudely worded signs condemning homosexuality. The ACLU said the Missouri state law banning such picketing infringes on religious freedom and free speech.

Some critics — such as Wendy Kaminer — have contended that the ACLU now tilts too much toward espousing gay rights, at the expense of a more vigorous defense of anti-gay free speech.

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