View From the Chair

Feb 2010: Our Take on the Prop 8 Trial

Christianity - as the wellspring of ‘animus’ against homosexual activity - is being attacked as full of bigotry, but empty of factual content. This mode of attack worked with Colorado’s Amendment 2 in 1994, and was an integral part of the U.S. Supreme Court’s 2003 Lawrence v. Texas decision. Yet 99% of the empirical evidence regarding homosexual activity supports the Christian appraisal of it.

Nevertheless, here we are with a distinct possibility of losing the Prop 8 trial in California. Why? Largely because many on the pro-family side of the aisle want to win only if they can show positive advantages to heterosexual marriage while simultaneously not criticizing homosexuals, their unions, or their actions. The Wall Street Journal quoted Andrew Pugno, general counsel for Protect-Marriage.com, as saying “We do not have to show that same-sex marriage would harm traditional marriage - but just that traditional marriage is a reasonable tool to promote the public’s interest.” (WSJ, 1/22/10, A5)

David Boies, co-lead attorney for the homosexual plaintiffs “said he set out to prove that marriage was an important right, that gays were harmed by being denied that right and that marriage wouldn’t be hurt by extending it to same-sex couples,… ‘We’ve proven all three of those.’ In response, defense lawyer Pugno said his side would present evidence from experts that traditional definitions of marriage between heterosexual couples have special benefit for children and for society.” [WSJ 1/23/10, A3]

In our view, there are essentially three strategies in any trial about social policy. You can demonstrate that: 1) what you are against is harmful to society; 2) what you are for is harmed by what you are against; and/or 3) what you are against is inferior to what you are for (or that what you are for is superior to what you are against). Read more »

Dec 2009: The Ugandan Anti-Homosexuality Bill

The Ugandan bill criminalizing homosexual activity is getting world-wide attention. It has been condemned by certain evangelical Christians such as Rev. Rick Warren, Professor Warren Throckmorton of Grove City College, and a host of ‘ex-gays’ — even a few folk who might be expected to to be supportive, since they claim to be traditionalists. Little wonder that Hillary Clinton has added the State Department’s voice to the chorus, along with various European leaders.

All the homosexual activists, Western political leaders, and critical evangelicals seem to be up in arms over the fact that the Ugandan bill would imprison (perhaps for life) anyone found guilty of engaging in homosexuality and would potentially execute someone found guilty of “aggravated homosexuality,” the latter of which would include performing homosexual acts upon a minor or when the offender was in a position of authority (e.g., parent, teacher, etc.) or if one knew they were HIV-positive at the time. The bill also explicitly prohibits promotion of homosexuality by any individual or organization and further equates same-sex marriage with the offense of homosexuality.

Generally, according to FRI’s analysis, this is a good bill for those of a traditionalist bent. While no law can end a particular kind of crime, the proposed law makes clear what is not acceptable and should discourage some from acting on their same-sex desires. Interestingly, only acts (not ‘desires’ or ‘orientation’) are condemned, and only rape, especially of children, or recidivism can lead to a death sentence. And those carrying HIV/AIDS have no business engaging in and no right to engage in activities that could infect others.

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