POLITICAL The Legal Arm of the , p. 3 RESEARCH A3SSO0CIATES YEARS OF THE RIGHT STUFF ThePublicEye A PUBLICATION OF POLITICAL RESEARCH ASSOCIATE S Fall 2012 • Volume XXVII, No.3 The New Religious Freedom Argument Gay Marriage in the 2012 Election By Amy L. Stone

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I he political world was abuzz this spring E S

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s when the National Organization for h T c a S

Marriage’s confidential battle plan to block d i v a LGBTQ marriage rights became public in D

y b a Maine lawsuit and the Human Rights o t

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P Campaign posted it for the world to see. Rev. Samuel Rodriguez joined members of national trade, faith, and labor organizations to speak at the The National Organization for Marriage “Reform Immigration For America” Campaign Summit at the National Press Club in 2009. (NOM) had formed in 2007 to fight mar - riage equality—California’s Proposition 8 battle was its coming out party—and wrote the strategy document soon after its suc - Rev. Samuel Rodriguez cessful campaign to overturn marriage equality laws in Maine in 2009. Not So Moderate “Gay marriage is the tip of the spear, the By Frederick Clarkson But he is not nearly the evangelical weapon that will be and is being used to ev. Samuel Rodriguez, executive moderate that he is presented as being. marginalize and repress and R director of the Sacramento-based The 42-year-old Puerto Rican evan - the church,” NOM wrote in its Decem - National Hispanic Christian Leadership gelist often describes himself as a cross ber 2009 strategy document, drawing on Conference (NHCLC) is regularly tapped between Billy Graham and Martin Luther the longstanding sense of conservative by national media outlets like CNN and King, Jr. “with a little salsa tossed in.” He Christians that they are persecuted. We The Times as the leading voice describes Latino evangelicals the same way, learned of the group’s tactic of creating of Latino evangelicals and has been treated with the same joke, and has for years. 2 The The New Religious Freedom continues on page 11 accordingly by both major political parties. 1 humor takes the edge off of the grandios - From 2007 to 2009, he was a columnist for ity, but leaves little doubt about his sense IN THIS ISSUE ’s On Faith section of destiny for himself and the people he online, and he frequently appears on seeks to lead towards a distinctly conser - Do We Have to Be “Equal”? ...... 2 NPR’s “Tell Me More.” He is a member vative Christian America. He is, in fact, a The Legal Arm of the of the boards of some of the leading organ - leader of the Christian Right who says he Christian Right ...... 3 izations of — Christianity is not. He is a partisan Republican who Reports in Review ...... 25 Today magazine, Gordon Conwell claims not to be. And he is conservative on Theological Seminary, and the National just about everything but immigration Eyes Right ...... 27 Association of Evangelicals. Rev. Samuel Rodriguez continues on page 17

THE PUBLIC EYE 1 FALL 2012 The Public Eye

COMMENTARY ThePublicEye Publisher Do We Have to Be “Equal”? Tarso Luís Ramos Interim Editor By Yasmin Nair Maria Planansky he 2012 election promises to be an intensely contested one, but one constituency seems Design/layout Tguaranteed to vote for Barack Obama in large numbers: The LGBTQ community, Hird Graphic Design especially given his endorsement of gay marriage. Printing Even Republicans are coming out in support of gay marriage. Billionaire hedge fund Red Sun Press manager Paul Singer, described as “one of the Republican Party’s most important money men,” has donated over $2 million to gay marriage advocacy groups. Marc Solomon, Editorial Board national campaign director for Freedom to Marry, pointed out, “The strong support that Frederick Clarkson we’re getting from members of both parties indicates that this has become a mainstream Gillian Kane • Kapya Kaoma American cause.” 1 Jean Hardisty • Maria Planansky Malika Redmond • Tarso Luís Ramos But acceptance in mainstream America comes with costs. In the case of gay marriage, Abby Scher • Rachel Tabachnick the selling point has been a promise that our families will not deviate from the norm and that gay marriages will echo mainstream marital values, even though the style and sub - stance (and popularity) of marriage have shifted dramatically in the last few . PRA Political Research Associates Gay marriage advocates assert that this strategy was forced upon them. When it comes to gay issues, the Right resurrects scare tactics: gays and lesbians are unfit parents, Founder and President Emerita marriage is only between a man and a woman, and gays and lesbians prey upon inno - Jean V. Hardisty, Ph.D. cent children. Staff Faced with such rhetoric, the gay community spins counter-narratives. One pro-gay- Tarso Luís Ramos, Executive Director family advertisement declares that, “Two gay dads are better than NONE” (the phrase Alex DiBranco, Communications Director is also the name of a gay blog). 2 We are reminded that gay parents adopt unwanted Kapya Kaoma, Religion & Sexuality foster children, like Black/multi-racial children or children with disabilities. In a sign of Neville Lewis, Operations Consultant the changing times, the Obama administration has noted approvingly that gays and les - Charles Ocitti, Finance Director bians can help with the larger number of children who supposedly need to be adopted Maria Planansky, Research Deputy Malika Redmond, Gender Justice or fostered—it has increased its efforts to recruit LGBTQ parents to become foster care Abby Scher, Interim Research Director parents, and through its Adopt Us Kids program seeks to find adoptive homes—includ - Aramis Tirado, Technology ing those with LGBTQ parents—for “hard to place kids.” 3 Obama emphasized the kind of families he meant while supporting gay marriage, those Interns “... who are in incredibly committed monogamous relationships, same-sex relationships, Bader Abu-Eid • David Maas Fatima Najiy • Alicia Steinmetz who are raising kids together.” 4 Will Tomasko • Alex Zadel But those of us who want a world where people are both protected from harm and able to live their lives as they see fit should not be heartened by these words. Board of Directors In her book, Shattered Bonds: The Color of Child Welfare , Dorothy Roberts reveals how Maria Elena Letona, Chair child protective services and the welfare system tear Black children away from their fam - Katherine Acey ilies, particularly from those headed by single women. Using case studies based in my Douglas Gould Janet Jakobsen city of Chicago, Roberts’ book shows how the foster care system funnels children away Hamid Khan 5 from Black communities. Pardis Mahdavi I think of Roberts’ work often as I watch campaigns and PSAs about the benefits of gay adoption. 6 I cringe when I read media accounts of how gay parents found their chil - The Public Eye is published by Political Research Associates, 1310 Broadway, Suite 201, dren, and at the dehumanizing and congratulatory tone so present in narratives about Somerville, Massachusetts 02144-1837. “trans-racial adoptions,” particularly those that occur when the mother is “troubled.” 7 617.666.5300 fax: 617.666.6622 We hear about the difficulties encountered with supposedly obdurate women who PRA is a nonprofit, tax-exempt organization. All donations are tax-deductible to the extent permitted change their minds about giving up their babies—the “problem” presented here is that by law. © Political Research Associates, 2012. experienced by the adoptive parents. This one-sided problem excludes discussion of the Website: www.publiceye.org fact that, perhaps, the decision is emotionally wrenching for the women. There is also, All rights reserved. ISSN 0275-9322 ISSUE 73 Do We Have to Be “Equal”? continues on page 24

THE PUBLIC EYE 2 FALL 2012 The Public Eye

PROFILE The Legal Arm of the Christian Right Inside the American Center for Law and Justice By Brian Tashman fter his unsuccessful 1988 presidential Abid mobilized Christian Right voters, televangelist channeled his campaign’s energy into forming two influ - ential right-wing organizations. One was the voter mobilization powerhouse the Chris - tian Coalition of America; the other was the American Center for Law and Justice (ACLJ). Make no mistake, the similarity of the American Center for Law and Justice’s . s name and acronym—ACLJ—to the Amer - e g a m I ican Civil Liberties Union (ACLU) is no y t t accident. Robertson declared that he e G / e l d

founded the group to “stop the ACLU in e a R

1 court.” The group claims that “activist e o J

y b judges” and liberal attorneys from the o t o

American Civil Liberties Union and the h P Department of Justice have made the judi - Jay Sekulow of the American Center for Law and Justice with 2012 Republican president candidate Mitt cial branch antagonistic to the rights of Romney in 2007, consulting during GOP meetings around 2008 presidential nominations. Christians, purporting to serve supposedly persecuted Christians by representing them The ACLJ is particularly active in bat - in the courtroom, drafting proposed laws, tles over marriage equality; the group and promoting a right-wing interpretation The similarity of the helped draft the Defense of Marriage Act of the Constitution. (DOMA), 3 the federal law that defined In a 2011 broadcast of the 700 Club, American Center for Law marriage as the “legal union of one man and Robertson declared that God told him one woman.” directly that the ACLJ “will be needed as and Justice’s name and Despite claims of protecting “freedom never before.” 2 The ACLJ maintains that of religion,” the group vigorously sup - Christians have been losing their religious acrony m— ACLJ —to the ports organized prayer in public schools and liberties due to a government hostile to their American Civil Liberties worked with anti-Muslim activists to try faith and that America’s Founding Fathers to stop the construction of the Park 51 never intended a strict separation of church Union (ACLU) is no Islamic Community Center near Ground and state. Zero in , insisting that accident. Robertson Muslims cannot be loyal American citizens. 4 Its executive director even appeared Brian Tashman is the Research Associate at alongside anti-Muslim leaders Pamela People For the American Way. He writes declared that he founded Geller, Robert Spencer, Geert Wilders, about politics and religion for the Right the group to “stop the and James Lafferty at a rally opposing the Wing Watch blog, which monitors and construction of the community center. 5 exposes the activities of right-wing figures and ACLU in court.” Other current cases listed on the ACLJ’s political organizations. website include opposition to reproductive rights and “ObamaCare,” defense of Ari -

THE PUBLIC EYE 3 FALL 2012 The Public Eye

admitted to a high six figure salary. 17 The primary source of revenue for CASE lies in rerouted ACLJ donations. In The ACLJ is now one of the principal legal advocacy fact, more money—even three times as much—ends up in CASE’s coffers, which groups in the conservative movement, along with the helps support his family’s “lavish lifestyle” of multiple homes, exorbitantly priced Alliance Defense Fund, Liberty Counsel, the Liberty meals, and trips in corporate jets. 18 In the April 1, 2009 to March 31, 2010 fiscal year, Institute, and the Thomas More Law Center. the ACLJ reported more than $13 million in revenue, 19 while from Jan 1, 2010 to December 31, 2010 CASE reported a zona’s draconian anti-immigrant law, argu - faculty position for Jay Sekulow. 9 The whopping $41,462,286 in revenue. 20 ments for government promotion of reli - Sekulows and other ACLJ attorneys fre - Sekulow’s brother, wife, two sons, and gion, and campaigning against “Sharia quently appear on Christian Broadcasting daughter-in-law all have roles in the ACLJ, Law.” Network programming and its flagship CASE, or both. 21 The ACLJ is now one of the principal show, The 700 Club, which is hosted by According to the ACLJ’s Fiscal Year legal advocacy groups in the conservative Robertson. 2011 990 form, the ACLJ also paid over movement, along with the Alliance Defense Both Jay and son Jordan Sekulow host $2.6 million to the Constitutional Litiga - Fund, Liberty Counsel, the Liberty Insti - their own radio talk shows, where they fre - tion and Advocacy Group (CLAG), which tute, and the Thomas More Law Center. quently entertain Republican members of is 50 percent owned by Sekulow, and over The group has built strong partnerships Congress and presidential candidates. 10 $500,000 to another Sekulow-affiliated with many Religious Right groups, includ - Jay Sekulow Live airs on over 850 radio sta - group, the Law and Justice Institute. 22 ing the Christian Defense Coalition, Faith tions 11 and ACLJ This Week broadcasts on and Action, 6 the American Family Associ - a number of other Christian televangelist Jay Sekulow 7 8 ation, and WallBuilders. Its reach has networks, including Trinity Broadcasting ay Sekulow writes in his 1990 book 12 expanded globally with affiliates in coun - Network, NRB Network (National Reli - From Intimidation to 13 14 J tries including France, Israel, Kenya, Pak - gious Broadcasters), and Daystar. Victory that the United istan, Russia, Zimbabwe, and Brazil. The States is a “Christian ACLJ launched the offshoot African Cen - ACLJ Finances nation, founded on Chris - ter for Law and Justice in 2010 and the East he Better Business Bureau says the tian principles,” 23 but that African Center for Law and Justice in TACLJ does not meet ten of its twenty secular humanism has 2011. standards for charity accountability, citing “replaced the Judeo- To lead ACLJ, Robertson tapped Jay problems with oversight, compensation, Christian ethic as the Alan Sekulow, a messianic Jew and a for - accuracy of expenses, financial transparency, moral base for law” 24 and mer General Counsel of . and disclosure; the president of the Amer - is its own established religion. 25 He says Sekulow’s son, Jordan, became the ACLJ’s ican Institute of Philanthropy and even the Christians are becoming a persecuted group executive director following a stint in Mitt founder of the conservative Rutherford in America and counsels them to take polit - Romney’s unsuccessful 2008 presidential Institute have criticized the group’s finan - ical and legal action: “If you really believe campaign; both Sekulows are staunch cial mismanagement. 15 what the Bible says—that Jesus is the only Romney supporters, who has expressed An investigation found way, that outside our comfortable church admiration for the Sekulows in turn. that since 1998, the ACLJ and Christian buildings there is a world full of drifting Robertson continues to serve as presi - Advocates Serving Evangelism (CASE), souls, doomed to hell—then you have to be dent of the ACLJ’s board, bringing the full Sekulow’s family-controlled charity, “have aggressive.” 26 benefit of his powerful foothold in Chris - paid more than $33 million to members of “When courts are forced to examine the tian Right politics and media. The Regent Sekulow's family and businesses they own freedoms guaranteed in our divinely University School of Law, a private Chris - or co-own.” 16 Sekulow does not take a inspired code of law,” Sekulow writes, tian institution that Robertson founded as salary from the ACLJ because, as reported “more often than not the freedom to pro - the “Christian Broadcasting Network Uni - by the Legal Times, “Sekulow outsourced claim the gospel rises above Satan’s smoke versity” in 1978, has a working partnership his own legal services” and private con - screens and lawyers’ hot air.” 27 with the ACLJ, housing one of the orga - tractors are not required to release salary Indeed, Sekulow asserts that Satan is nization’s primary offices and providing a information. Sekulow has previously responsible for twisting the First Amend -

THE PUBLIC EYE 4 FALL 2012 The Public Eye ment to the detriment of Christians. 28 “Satan’s legions have got the jump on us in this area. They have perverted the pre - cious guarantees of freedom found in our nation’s First Amendment,” Sekulow explains. “The broad result has been dimin - ished freedom of religious expression while expressions of immorality enjoy increased freedom.” 29 As Sekulow’s clout has grown, he has toned down such “spiritual warfare” lan - guage for a wider audience, particularly with his frequent appearances on outlets like . 30 However, the central mes - sage that Christians are facing persecu - tion from an inimical secular government remains at the heart of the ACLJ’s work under Sekulow. “If you are a God-fearing Christian, then powerful forces in our cul - ture say YOU are the dangerous radical that needs to be censored, chastised and even punished!” Sekulow writes in a 2009 direct mail appeal providing an “Anti-Christian Bigotry Alert.” “It is as if ‘open season’ has financial success, Jay Sekulow emerged as Jay Sekulow’s son Jordan bragged in a been declared in the courts on Chris - 31 a top adviser to the George W. Bush admin - radio interview with right-wing pseudo- tians.” istration on judicial nominations, includ - historian that his father “was Also in 2009, Sekulow claimed that his ing the selection of Supreme Court justices. one of four people that were involved in the group “discovered” a measure in Obama’s He backed for the 2008 [judicial] nomination process in the Bush economic stimulus package that would White House” and promised that a future infringe on religious freedom. But as Peo - Romney administration will listen to the ple For the American Way Senior Fellow elder Sekulow. “Do you want more Alito and Peter Montgomery points out, “the provi - To lead ACLJ, Pat Roberts? He’s made these pledges,” he said. 37 sion ‘discovered’ by the ACLJ has been Romney welcomed the endorsement included in legislation for decades, and has Robertson tapped Jay from Jay and Jordan Sekulow, crediting the been upheld by the Supreme Court.” The two with being “on the front lines fighting offending provision “prevents federal funds Sekulow, who believes for conservatives.” Romney said: “On from being used to construct buildings, like issues of great importance to me, includ - chapels, designed for religious worship or that Christians are 32 ing religious freedom and protecting sectarian instruction.” The ACLJ threat - human life, Jay and Jordan have been tire - ened to sue the federal government if the becoming a persecuted less leaders. I look forward to working stimulus plan was enacted with that pro - with them to ensure that we can bring con - vision. So far, it has not followed through. 33 group in America. servative change to Washington.” 38 The ACLJ has attacked school science standards for not including creationism and LGBTQ Rights intelligent design in the classroom, with Republican presidential nomination, and n a 1997 fundraising note entitled, “Chief Sekulow promising to challenge the teach - is now assisting Romney’s campaign with counsel’s confidential report on the ing of the theory of evolution, calling it the I outreach to Religious Right activists. ACLJ homosexual agenda,” Jay Sekulow accused issue that is “most prominent now in our attorney David French founded the group everyone from the entertainment industry nation’s public schools, and may well pres - Evangelicals for Mitt, 35 co-authoring a and public schools to Fortune 500 com - ent the new frontier on school-related book with his wife, Why Evangelicals panies of promoting the “homosexual issues.” 34 Should Support Mitt Romney (And Feel agenda,” which he described as a “run - With a growing political voice and Good About It!) .36 away train bent on destroying our com -

THE PUBLIC EYE 5 FALL 2012 The Public Eye

THE SEKULOWS ABROAD Why does the mainstream media overlook the appalling activities of Jay Sekulow and Jordan Sekulow, the father-son team leading the American Center for Law and Justice (ACLJ)? They are high-profile social conservatives who are advisors and supporters of Republican Presidential candidate Mitt Romney, working to overcome the candidate’s enthusiasm gap within the right-wing evangelical community. Yet their ACLJ is also leading the drive to criminalize in Africa through its offices in Zimbabwe and Kenya. The ACLJ also lobbied the Obama administration to lift sanctions on Zimbabwe, which the international community levied because of the human rights abuses of ruler Robert Mugabe. 1 Just this August, Mugabe’s “unity” government brutally rounded up gay activists who oppose his drive to criminalize homosexuality, winning the condemnation of the U.S. State Department. 2 Despite the violent crackdown, the ACLJ’s office in Zimbabwe mobilizes that country’s evan gelicals as a political force and a potential base for the Mugabe government’s homophobic policies, with the goal of making it a “Christian nation.” Only months after Uganda’s infamous Anti-Homosexuality Bill made global headlines in 2009, ACLJ executive director Jordan Sekulow oversaw the launch of ACLJ’s African offices, strategically located in countries undertaking reform of their constitutions. Once open, they sought to ensure the constitutions barred homosexuality and abortion, and even assert Kenya as a Christian nation. ACLJ’s Kenya office failed to win an article criminalizing homosexuality in that country’s constitution but has not given up the fight there, and the constitutional reform process in Zimbabwe is still underway. Jordan Sekulow met personally with Robert Mugabe’s vice president John Nkomo and other leaders of the “unity government” as ACLJ-Zimbabwe lobbied to criminalize homosexuality in the country’s new constitution. 3 The chairman of the ACLJ’s office in Zimbabwe, Alex Chisango, joined Mugabe and his cabinet in a ceremony inaugurating the constitution-reform process, leading the group in an opening prayer. 4 The ACLJ, along with other groups, asked the constitutional commission to include the prohibition of homosexuality, even though Mugabe had criminalized it in 2006. While Article 4:6:3 of the draft constitution defines marriage as between a man and woman, it also prohibits discrimination on various social, economic, religious, and “natural differences or condition.” As in Kenya, ACLJ and other religious and political leaders interpreted the phrase “nat - ural differences or condition” as permitting homosexuality and objected. Jordan Sekulow said the ACLJ’s goal is to “lobby [African] parliament[s] to take the Christian’s views into consideration as they draft legislation and policies.” 5 In Zimbabwe, “the unity government did open the window for US groups like the ACLJ” to have influence, he told a Christian Broad - casting Network reporter. 6 The effort to get the Obama administration to lift sanctions was perhaps modest payback for the access and influence ACLJ won in that tortured nation. Unfortunately, that influence fanned the flames of the continent-wide anti-gay campaign that led to the murder of gay activists David Kato in Uganda in 2011 and Maurice Mjoba in Tanzania in July. The Sekulows and ACLJ are well known for their work drafting and promoting the Defense of Marriage Act and other legal initiatives that curtail LGBTQ rights in the . At home, the Sekulows and the ACLJ advocate second class citizenship for LGBTQ persons. In Africa, it’s far worse. The ACLJ fights to ensure the constitutions criminalize people simply because they are a sexual minority and cozies up to dictators like Mugabe. Yet the Sekulows are not held accountable. –Kapya Kaoma PRA exposed the American Center for Law and Justice anti-LGBT activities in Africa in the July 2012 report, Colonizing African Values: How the U.S. Christian Right is Transforming Sexual Politics in Africa.

ENDNOTES 1 Sarah Posner, “Pat Robertson’s Women Warriors Leading Spiritual Warfare In Zimbabwe,” Religion Dispatches, August 1,2010. http://www.religiondispatches.org/archive/sexand - gender/3056/pat_robertson%E2%80%99s_women_warriors_leading_spiritual_warfare_in_zimbabwe_Also see ACLJ Special Operations Unit: Zimbabwe post from March 30, 2009. http://www.facebook.com/notes/american-center-for-law-and-justice/aclj-special-operations-unit-zimbabwe/64981584447?comment_id=1220426 2 Kapya Kaoma, “US Christian right links with Zimbabwe’s Mugabe to suppress gay rights,” Global Post, October 2, 2012. http://www.globalpost.com/dispatches/globalpost- blogs/commentary/us-christian-right-links-zimbabwe-s-mugabe-suppress-gay-right 3 ACLJ Special Operations Unit: Zimbabwe, June 23, 2010. http://aclj.org/aclj/african-centre-for-law-justice---zimbabwe-update- 4 “ Rebuilding in the Spirit,” Christian Broadcasting Network, n.d. http://www.cbn.com/media/player/index.aspx?s=/vod/GTH247v2_WS 5 “About Us,” East African Center for Law and Justice. http://www.eaclj/about-us.html 6 Rebuilding in the Spirit,” Christian Broadcasting Network, n.d. http://www.cbn.com/media/player/index.aspx?s=/vod/GTH247v2_WS munities.” 39 in the memo that “the state has a compelling alleging that “there is a continuing threat “Homosexuals are not only out of the interest to ban the act of homosexuality” against the free speech rights of those who closet, they are out to destroy the family as and at minimum refuse “to promote the act refuse to subscribe to the notion that we know it,” Sekulow warned, writing that society deems destructive.” homosexuality is an inborn trait that is that gay rights advocates intend to make Though Sekulow has toned down his morally neutral.” 40 America “the world’s greatest promoter of rhetoric, the ACLJ still lists the “radical In Congress and in the courts, the ACLJ every form of sexual deviancy.” He insisted homosexual agenda” as a principal concern, has been a consistent opponent of gay

THE PUBLIC EYE 6 FALL 2012 The Public Eye rights initiatives and a champion of anti- entation” and “gender identity.” 55 A year not, therefore, be good role models.” 59 gay legislation. According to Sekulow, the earlier, the group successfully represented The group unsuccessfully defended ACLJ has employed an “aggressive strategy two Minnesota teachers who protested state bans on sodomy in Lawrence v. Texas of defending the traditional view of mar - their school’s requirement that they par - (2003), arguing in an amicus brief to the riage in each significant marriage case that ticipate in a session on “Gays and Lesbians Supreme Court that “the ban on same-sex existed anywhere in the United States,” 41 in the Workplace,” charging that the “state sodomy clearly passes constitutional including California, 42 Connecticut, 43 Mas - of Minnesota tried to force these employ - muster” in order to further “public moral - sachusetts, 44 Nebraska, 45 New Jersey, 46 Ore - ees to change their beliefs about homo - ity” and combat “health risks.” 60 gon, 47 Vermont, 48 and Washington. 49 In sexuality.” 56 Most recently, the ACLJ has champi - 2010, in an attempt to force Washington, The organization even opposed the oned the poorly-named Military Religious D.C., to put its own marriage equality law Matthew Shepard and James Byrd Hate Freedom Protection Act, which would up to a popular referendum, the ACLJ filed Crimes Prevention Act, which in 2010 prohibit facilities on military property a brief on behalf of 49 Republican mem - made it a federal hate crime to attack from use in same-sex marriage ceremonies, bers of Congress. 50 someone based on their sexual orientation, even in states where such unions are legal In addition to helping to draft and gender, or gender identity. The ACLJ and chaplains may want to officiate. 61 In an defend DOMA, Sekulow testified before maintained that “this isn’t really anything ominous email to members, Sekulow the U.S. Senate in 2004 on behalf of the warned that if such practices are not Federal Marriage Amendment, which if banned, then “soon military chaplains passed would have defined marriage in could be required to perform same-sex the Constitution as between one man and Jay Sekulow emerged as a marriages.” 62 Sekulow’s son Jordan hosted one woman. Sekulow claimed that since the bill’s chief sponsor, Rep. Tim Huel - marriage between one man and one woman top adviser to the George skamp (R-KS), on his radio show, where the is the “the cornerstone of our welfare, of our congressman alleged that the Obama liberties and of our responsibilities as a free W. Bush administration administration is “using the military as a people,” offering same-sex couples the guinea pig” for the “radical homosexual freedom to marry would put such freedoms on judicial nominations, agenda.” 63 at risk. “No matter what you call the union This fall, the ACLJ fired a senior coun - of any grouping of persons other than one including the selection of sel, James Henderson, after bloggers man and one woman, it will never be a revealed he lived a double life as a gay man marriage,” Sekulow stated, predicting that Supreme Court justices. who had sex with at least one underage (17- “the legal recognition of any relationship year-old) boy. 64 on the same level as traditional marriage will wreak irreversible harm on American Reproductive Rights society.” 51 about crime, it’s really about approving the he ACLJ is firmly rooted in the anti- When the Obama administration’s sexual orientation statutes to include that Tchoice movement, building its “pro- Department of Justice dropped its defense in the context of civil rights.” Sekulow life” reputation by defending opponents of of DOMA on the grounds that it is uncon - called the law a “slippery slope” meant to abortion rights who harassed health care stitutional, Sekulow told Robertson on “change a social structure” and “serve as a workers and clients. The 700 Club that “we are now living in a muzzle,” eventually giving attorneys a Sekulow argued on behalf of anti-abor - monarchy,” 52 and on his own radio show, chance to prosecute “a pastor for giving a tion rights activists in the 1996 Supreme Jay Sekulow Live, claimed that Obama is sermon.” 57 Court case Schenck v. Pro-Choice Network leading an “imperial presidency.” 53 Seku - Sekulow has championed the Boy of Western New York. In the case, Paul low neglected to mention that the Depart - Scouts of America’s ban on openly gay Schenck, then executive vice president of ments of Justice under both presidents scoutmasters for years, telling donors in the ACLJ, was leading blockades intended Bush opted not to defend laws they deemed March 2000 that the Scouts have “come to prevent access to abortion clinics. Seku - unconstitutional. 54 under attack from homosexual activists— low challenged the constitutionality of Beyond targeting marriage equality ini - who may well set their sights on your court-ordered “buffer zones” prohibiting tiatives, ACLJ works against any efforts to church next.” 58 In an amicus brief to the demonstrations around the clinic’s entrance end anti-LGBTQ discrimination. In 1999, Supreme Court, the ACLJ defended the (“fixed buffer zones”) and vehicles and the ACLJ challenged an ordinance in Boy Scouts’ finding that homosexuals are people seeking to enter the clinic (“float - Louisville, Kentucky, that banned employ - not morally “clean,” writing, “Men who by ing buffer zones”). The Supreme Court ulti - ment discrimination based on “sexual ori - word or deed condone homosexuality can - mately upheld the constitutionality of

THE PUBLIC EYE 7 FALL 2012 The Public Eye

values” and has filed an amicus brief, rep - resenting Rep. Jeff Landry (R-LA), against the new regulation. 77 The group unsuccessfully defended state bans on “It is clear we have a president who is doing everything he can to change the sodomy in Lawrence v. Texas (2003), arguing in history and heritage of this nation,” Seku - low wrote in response to the administra - an amicus brief to the Supreme Court that “the ban tion’s move. “His vision and actions put at risk the Judeo-Christian values that have on same-sex sodomy clearly passes constitutional been the cornerstone of our republic.” 78 I muster” in order to further “public morality”

and combat “health risks.” Endnotes 1 “Pat Robertson’s Empire,” Publiceye.org. http://www.pub - liceye.org/ifas/fw/9503/empire.html fixed buffer zones, but struck down float - again, under advice “that it would cost a lot 2 Kyle Matylaw, “God Tells Robertson 2011 Will Be Bad 65 For The World, Great for Robertson,” Right Wing Watch, ing buffer zones. In a similar Supreme more in attorney fees than it would cost to January 3, 2011. http://www.rightwingwatch.org/con - Court case in 1999, Sekulow unsuccessfully settle.” 70 That same year, the ACLJ won a tent/god-tells-robertson-2011-will-bad-world-great- represented anti-choice activists in Col - lengthy legal battle representing four Illi - robertson 3 Jay Sekulow, “A Legal Grand Slam!” ACLJ Docket Blog orado who violated a state regulation pro - nois Walgreens pharmacists who were fired (August 1, 2006). http://aclj.org/traditional-marriage/a- hibiting unwanted communications at for denying customers the “morning-after” legal-grand-slam health clinic entrances with people going pill. 71 4 “The Right Wing Playbook on Anti-Muslim Extremism,” 66 Right Wing Watch, People for the American Way. inside. The ACLJ claimed that under Obama, http://www.pfaw.org/rww-in-focus/the-right-wing-play - During the George W. Bush adminis - the Department of Homeland Security book-anti-muslim-extremism#strat1 tration, an ACLJ fundraising appeal warned labeled “pro-lifers [to be the] most dan - 5 “Video of All Speakers From “911 Rally Of Remember - that “babies are still at risk of the gruesome gerous domestic terrorists,” 72 in what ance,” No Mosques at Ground Zero, September 13, 2010. http://nomosquesatgroundzero.wordpress.com/ 73 torture-murder called partial-birth abor - Sekulow called an “inflammatory” report. category/mosque-at-ground-zero/page/4 tion.” While awaiting the passage of Con - The report in question mentioned “oppo - 6 “The Anti-Choice Movement As Seen From The Inside.” gressional legislation banning a form of sition to abortion” in a single footnote as Right Wing Watch, People for the American Way. http://www.rightwingwatch.org/content/anti-choice- late-term abortion, the ACLJ called for an example of a single issue that might movement-seen-inside donations to fight expected attacks from the motivate some homegrown terrorists. 7 Jim Brown. “American Family News- ACLJ: Legislation ACLU and the “multi-million-dollar abor - A leading proponent of defunding Would Choke Out Churches’ Grassroots Efforts,” Amer - ican Center for Law and Justice. http://aclj.org/aclj/amer - tion industry.” The Partial-Birth Abor - Planned Parenthood, the ACLJ filed an ican-family-news---aclj-legislation-would-choke-out-chur tion Ban passed in 2003 and was upheld amicus brief in May 2012 supporting the ches-grassroots-efforts by the Supreme Court in 2007. 67 state of Texas’s decision to strip funding 8 Kyle Mantyla, “Why The Religious Right Opposes Gov - 74 ernment Assistance For The Poor,” Right Wing Watch, Peo - In 2011, the ACLJ represented a Texas from the women’s health organization. ple for the American Way. http://www.right bus driver fired after refusing to transport ACLJ founded the Committee to Stop wingwatch.org/content/why-religious-right-opposes- two women to a Planned Parenthood Taxpayer Funding of Abortion in order “to government-assistance-poor clinic. While the clinic offers a wide range stop this atrocity,” 75 even though the Hyde 9 . “Regent Law- American Center for Law & Justice.” Accessed June 05, 2012. of services ranging from pregnancy tests to Amendment already bars federal dollars http://www.regent.edu/acad/schlaw/academics/aclj.cfm breast cancer exams, the driver came to the from going towards abortion services. 10 The 700 Club, “Jay Sekulow,” CBN.com- The Christian conclusion through prayer that the pas - Sekulow boasted that the ACLJ has brought Broadcasting Network. http://www.cbn.com/700club/ guests/bios/jay_sekulow.aspx sengers were seeking an abortion and “a whole series of lawsuits” against Planned 11 68 76 CBN.com- The Christian Broadcasting Network. “Jay refused to drive them. Even the ACLJ Parenthood. Sekulow.” Accessed June 05, 2012. http://www. attorney representing this seemingly omnis - The ACLJ also started the Committee cbn.com/700club/guests/bios/jay_sekulow.aspx cient bus driver admitted that he could not to Protect America’s Constitution to protest 12 iTBN- Trinity Broadcasting Network. “iTBN- ACLJ This Week.” Accessed June 05, 2012. http://www.itbn.org/ have known why the women were going to the Obama administration’s decision to index/program/lib/programs/sublib/ACLJ+This+Week 69 a Planned Parenthood facility. The tran - require birth control coverage in insurance 13 NRB Network. “News.” Accessed June 05, 2012. sit service settled with the driver in 2011, plans, including those at institutions affil - http://www.nrbnetwork.tv/Pages/news.aspx under the condition that he would never iated with religious denominations. Seku - 14 Christian Television and Videos- Daystar Television. “ACLJ This Week With Jay Sekulow.” Accessed June 05, seek work in the transportation system low called the move a “radical assault on our 2012. http://www.daystar.com/shows/aclj-this-week-

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with-jay-sekulow/ CHRISTIAN ADVOCATES SERVING EVANGEL - 23 Jay Sekulow, From Intimidation to Victory: Regaining ISM INC.” Accessed June 05, 2012. http://www. the Christian right to speak. Lake May, Florida: Creation 15 Bob Smietana, “Tenn. Lawyer’s family, firm collect mil - guidestar.org/organizations/94-3037261/christian-advo - House, (1990). lions from charities,” USA TODAY (September 5, 2011). cates-serving-evangelism.aspx http://www.usatoday.com/news/religion/story/2011- 24 Sekulow, From Intimidation to Victory, 26. 09-05/Tenn-lawyers-family-firm-collect-millions-from- 22 GuideStar gathers and publicizes nonprofit reports and 25 Sekulow, From Intimidation to Victory, 34. charities/50259614/1 Forms 990 for donors, grantmakers and businesses, “Nonprofit Report for AMERICAN CENTER FOR 26 Sekulow, From Intimidation to Victory, 19. 16 Associated Press, “Sekulow’s charity work worth $33M to LAW AND JUSTICE INC,” GuideStar. http://www. 27 family,” The Oak Ridger (September 6, 2011). Sekulow, From Intimidation to Victory, 21. guidestar.org/organizations/54-1586817/american-cen - http://www.oakridger.com/newsnow/x1638745766/Sek 28 Sekulow, From Intimidation to Victory, 145. ulow-s-charity-work-worth-33M-to-family ter-law-justice.aspx; “Nonprofit Report for CHRIS - TIAN ADVOCATES SERVING EVANGELISM 29 Sekulow, From Intimidation to Victory, 156. 17 Tony Mauro, “The Secrets of Jay Sekulow.,” The Ross Insti - INC,” GuideStar. http://www.guidestar.org/organiza - 30 tute Internet Archives for the Study of Destructive Cults, Con - tions/94-3037261/christian-advocates-serving-evange - Ben Dimiero, Eric Hanonoki, “Fox News: Where Rom - troversial Groups and Movements. http://www. lism.aspx ney Advisers Are Undisclosed, Impartial Analysts,” rickross.com/reference/tv_preachers/tv_preachers39.html Media Matter For America. Accessed June 05, 2012. http://mediamatters.org/iphone/blog/201205040002 18 GuideStar gathers and publicizes nonprofit reports and Forms 990 for donors, grantmakers and businesses, 31 Jay Alan Sekulow, Direct Mail (January 23, 2003); Jay “Nonprofit Report for AMERICAN CENTER FOR Alan Sekulow, Direct Mail (May 2007). Text is available LAW AND JUSTICE INC,” GuideStar. http://www. at Political Research Associates library. guidestar.org/organizations/54-1586817/american-cen - The ACLJ is firmly rooted 32 PFAW. “The ‘Big Lie’ Strategy: Religious Right Stokes ter-law-justice.aspx; “Nonprofit Report for CHRIS - False Fears of Religious Persecution.” Accessed June 05, TIAN ADVOCATES SERVING EVANGELISM 2012. http://www.pfaw.org/rww-in-focus/the-big-lie- INC,” GuideStar. http://www.guidestar.org/organiza - in the anti-choice move - strategy-religious-right-stokes-false-fears-of-religious- tions/94-3037261/christian-advocates-serving-evange - persecution#echochamber lism.aspx 33 Right Wing Watch. “Am I The Only One Who Remem - 19 ment, building its “pro-life” GuideStar nonprofit reports and Forms 990 for donors, bers the “Anti-Christian” Stimulus Provision?” Accessed grantmakers and businesses. “Nonprofit Report for June 05, 2012. http://www.rightwingwatch.org/con - AMERICAN CENTER FOR LAW AND JUSTICE reputation by defending tent/am-i-only-one-who-remembers-anti-christian-stim - INC.” Accessed June 05, 2012. http://www.guidestar. ulus-provision org/organizations/54-1586817/american-center-law- 34 justice.aspx Jay Sekulow, “Evolution Litigation,” ACLJ Docket Blog opponents of abortion (February 1, 2005). http://aclj.org/aclj/evolution-liti - 20 GuideStar nonprofit reports and Forms 990 for donors, gation grantmakers and businesses. “Nonprofit Report for 35 CHRISTIAN ADVOCATES SERVING EVANGEL - rights who harassed health Kyle Mantyla, “David French: Evangelicals Should Not ISM INC.” Accessed June 05, 2012. http://www. Support Arrogant, Bullying Serial Adulterer,” Right guidestar.org/organizations/94-3037261/christian-advo - Wing Watch, People for the American Way. cates-serving-evangelism.aspx care workers and clients. http://www.rightwingwatch.org/content/french-evan - gelicals-should-not-support-arrogant-bullying-serial- 21 GuideStar nonprofit reports and Forms 990 for donors, adulterer. grantmakers and businesses. “Nonprofit Report for 36 “Why Evangelicals Should Support Mitt Romney (And Feel Good about It!),” Amazon.com. http://www.ama - zon.com/Evangelicals-Should-Support-Romney- ebook/dp/B006WRFMPI 37 Kyle Mantyla, “Romney Successfully Wooing The Reli - gious Right with Promises of Right Wing Judges,” Right Wing Watch, People for the American Way. http://www.rightwingwatch.org/content/romney-suc - cessfully-wooing-religious-right-promises-right-wing- judges 38 “Jay and Jordan Sekulow Announce Support for Mitt Romney,” Mitt Romney Press. http://www.mittrom - ney.com/news/press/2012/01/jay-and-jordan-sekulow- announce-support-mitt-romney 39 “ACLJ Counsel Report,” Queer Resources Directory. http://www.qrd.org/qrd/religion/anti/robertson/ACLJ.ch ief.counsel.report-09.13.97 40 “Read The ACLJ’s Position on Free Speech-2004,” American Center for Law and Justice. http://aclj.org/free- speech-2/read-the-aclj-s-position 41 Jay Sekulow, “A Legal Grand Slam!” ACLJ Docket Blog (August 1, 2006). http://aclj.org/traditional-marriage/a- legal-grand-slam 42 “ACLJ Represents Members of Congress in Asking California Supreme Court to Uphold Proposition 8 Vote Supporting Marriage,” American Center for Law and Justice. http://aclj.org/traditional-marriage/aclj- represents-members-of-congress-in-asking-california- supreme-court-to-uphold-proposition-8-vote-supporting -marriage

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43 “ACLJ Fights Efforts by Same-Sex Couples to Redefine 53 Christian Radio - Free Online Christian Ministry Radio 62 http://www.rightwingwatch.org/content/ironically- Marriage- Brief Filed in CT Case,” American Center for Broadcasts - OnePlace.com. “Play Defending DOM- Jay named-military-religious-freedom-protection-act-opens- Law and Justice. http://aclj.org/aclj/aclj-fights-efforts- Sekulow Live!’ Accessed June 05, 2012. http://www.one - door-conservative-scare-tactics by-same-sex-couples-to-redefine-marriage-brief-filed- place.com/es/ministries/jay-sekulow-live/player/jay- 63 Brian Tashman, “Rep. Tim Huelskamp Says the Obama in-ct-case sekulow-live-168785.html Administration is ‘Using the Military as a Guinea Pig’ 44 “ACLJ Files Legal Challenge on Behalf of a Group of Mas - 54 http://mediamatters.org/research/201102250041 for the ‘Radical Homosexual Agenda,’” Right Wing sachusetts Legislators to Stop the Mass. Judicial Court Watch, People for the American Way. http://www. 55 http://findarticles.com/p/articles/mi_m0EIN/is_1999 Decision Allowing Same-Sex Marriage,” BusinessWire _Sept_13/ai_55731732/ rightwingwatch.org/content/tim-huelskamp-obama- (April 27, 2004). http://www.businesswire.com/ administration-military-radical-homosexual-agenda. news/home/20040427005631/en/ACLJ-Files-Legal- 56 http://www.bpnews.net/printerfriendly.asp?ID=13966 64 Justin Snow, “ACLJ Attorney Fired After Online Accu - Challenge-Behalf-Group-Massachusetts 57 Jennifer Wishon, “New Hate Crimes Law Protect Sex - sations of Gay Relationships,” Metro Weekly (October 45 “ACLJ Asks Washington State Supreme Court to Uphold ual Orientation,” CBN News (October 24, 2009). 9, 2012). http://www.metroweekly.com/poliglot/ Marriage Between One Man and One Woman,” Amer - http://www.cbn.com/cbnnews/politics/2009/Octo - 2012/10/aclj-attorney-fired-after-online-accusations- ican Center for Law and Justice. http://aclj.org/aclj/aclj- ber/Congress-Makes-Homosexuality-a-Protected-Class/. of-ga.html asks-washington-state-supreme-court-to-uphold-marriag 58 “American Center of Law and Justice (ACLU),” Right 65 http://www.oyez.org/cases/1990-1999/1996/1996_ e-between-one-man-and-one-woman. Wing Watch, People for the American Way. http://www. 95_1065 46 “New Jersey Supreme Court Says No Fundamental rightwingwatch.org/content/american-center-law-justice 66 http://www.oyez.org/cases/1990-1999/1999/1999_ Right to Same-Sex Marriage,” American Center for 98_1856 Law and Justice. http://aclj.org/traditional-marriage/new- jersey-supreme-court-says-no-fundamental-right-to- 67 Jay Alan Sekulow, Direct Mail (January 23, 2003); Jay same-sex-marriage. Alan Sekulow, Direct Mail (May 2007). Text is available at Political Research Associates library. 47 “Oregon says NO to Same-Sex Marriage; Filibuster “Do you want more Alito Face-Off Coming,” American Center for Law and Jus - 68 http://www.rightwingwatch.org/content/omniscient- tice. http://aclj.org/aclj/oregon-says-no-to-same-sex- texas-bus-drivers-story-falls-apart marriage-filibuster-face-off-coming. and Roberts? He’s made 69 http://www.rightwingwatch.org/content/omniscient- 48 “ACLJ Calls Vermont Supreme Court Decision Extend - bus-driver-reserves-right-refuse-service-based-entirely- ing Protection to Same-Sex Couples ‘Troubling’ and ‘Dis - these pledges.” own-imagination appointing.” BusinessWire (December 20, 1999). 70 Kyle Mantyla, “ Omniscient Texas Bus Driver’s Story Falls http://findarticles.com/p/articles/mi_m0EIN/is_1999_ Apart,” Right Wing Watch, People for the American Dec_20/ai_58304729/. Way. http://www.rightwingwatch.org/content/omni - 49 “ACLJ Asks Washington State Supreme Court to Uphold –Jordan Sekulow on his father Jay’s influence scient-texas-bus-drivers-story-falls-apart. Marriage Between One Man and One Woman,” Amer - in a future Romney administration 71 “ACLJ Gets Win for Pro-life Pharmacy Owners in Illi - ican Center for Law and Justice. http://aclj.org/aclj/aclj- nois After Lengthy Legal Battle,” American Center for asks-washington-state-supreme-court-to-uphold-marriag Law and Justice. http://aclj.org/pro-life/aclj-gets-win-for- 59 e-between-one-man-and-one-woman. Boy Scouts of America and Monmouth Council of Boy pro-life-pharmacy-owners-in-illinois-after-lengthy-legal- Scouts of America v. James Dale. (99-699) 530 U.S. 640 50 Jay Sekulow. “Defending Marriage in D.C.,” ALCJ battle. (2000). www.bsa-discrimination.org/ACLJ_Brief.pdf Docket Blog (January 6, 2010). http://aclj.org/tradi - 72 Kyle Mantyla, “ACLJ Out Front of Another Bogus 60 tional-marriage/defending-marriage-in-d-c- Lawrence V. Texas. (02-102) 539 U.S. 558 (2003). Controversy,” Right Wing Watch, People for the Ameri - http://supreme.lp.findlaw.com/supreme_court/briefs/02- 51 Testimony of Jay Alan Sekulow. http://c0391070. can Way. http://www.rightwingwatch.org/content/aclj- cdn2.cloudfiles.rackspacecloud.com/pdf/040513_fma - 102/02-102.mer.ami.aob.pdf. out-front-another-bogus-controversy. 61 hearingtestimony.pdf Brian Tashman, “Ironically-Named ‘Military Religious 73 Jay Sekulow, “ACLJ Demands Retraction from DHS on Freedom Protection Act’ Opens the Door for Conser - 52 Right Wing Watch. “Sekulow: DOMA Decision Means Labelling Pro-Lifers as Extremists,” The Voice Maga - “We’re Now Living in a Monarchy.”” Accessed June 05, vative Scare Tactics,” Right Wing Watch, People for the zine.com. http://www.thevoicemagazine.com/cul - 2012. http://www.rightwingwatch.org/content/seku - American Way. http://www.rightwingwatch.org/con - ture/society/aclj-demands-retraction-of-dhs-pro-life-right low-doma-decision-means-were-now-living-monarchy tent/ironically-named-military-religious-freedom-pro - wing-extremists-label.html. tection-act-opens-door-conservative-scare-tactics. 74 Planned Parenthood v. Thomas M Suehs, Executive Commissioner, Texas Health and Human Services Com - mission, U.S. States Court of Appeals for the Fifth Cir - cuit. http://c0391070.cdn2.cloudfiles.rackspacecloud. Want to save trees? com/pdf/ppa-v-suehs-aclj-amicus-brief.pdf. 75 “Defunding Planned Parenthood, Stopping Abortion,” American Center for Law and Justice. http://aclj.org/ planned-parenthood/defunding-planned-parenthood- Read the full Public Eye online! stopping-abortion. 76 “ACLJ This Week with Jay Sekulow, ‘Right to Life,’” Trinity Broadcasting Network. http://www.itbn. org/index/detail/lib/Networks/sublib/TBN/ec/1wcWtt Email [email protected] with the MzpwehhAQhWK6BQrE4zQOiOqlE. subject “Go Green” and your 77 Recording of “Jay Sekulow Live” (May 24, 2012). http://ht.salemweb.net/zcast/jay-sekulow-live/2012/05- name. We’ll stop your print sub - 24/282955/jay-sekulow-live_2012-05-24_jay-sekulow- live_20120524130858.mp3?type=streaming scription and instead send you 78 Jay Sekulow, “The Obama Assault on Our Values,” American Center for Law and Justice. http://aclj.org/us- e-blasts announcing when each constitution/jay-sekulow-obama-assault-on-values. new issue is available online.

THE PUBLIC EYE 1 0 FALL 2012 The Public Eye THE NEW RELIGIOUS FREEDOM continued from page 1 wedges between (straight) Blacks and gays under the slogan, “Not a Civil Right.” We also learned that it resurrected arguments that same-sex marriage is a threat to peo - ple’s religious liberties. “People of faith are increasingly denounced as bigots simply because they stand up for marriage,” the document reports. Earlier it states, “When the gov - ernment punishes some Methodists because they don't allow gay union cere - monies on their own property, we need to capture not only the facts, but the stories— the faces, the names, the emotions of the people threatened with litigation.” s e g We are seeing religious liberty argu - a m I

y t ments this fall as NOM and state “family” t e G / l alliances lead the battle around marriage l a C

l ballot initiatives in Washington State, l o Maine, Maryland, and Minnesota. In three R A member of the American Society for the Defense of Tradition, Family and Property at a Washington, of those states, the election could result in D.C. ‘Stand Up For Religious Freedom’ rally in opposition to Affordable Care Act mandates in March legalized same-sex marriage, a historic 2012. first. Christian Right organizations are quite tactical in their choice of arguments they Earlier this year, legislators in Washington use to attract moderates, and in past years, and Maryland legalized same-sex mar - have won all but one same-sex marriage ban “People of faith are riage; and in Maine, LGBTQ organizations at the state ballot box. These bans were typ - put same-sex marriage on the ballot after ically constitutional amendments to out - increasingly denounced Question 1 passed in 2009. Now, voters in law same-sex marriage in states without these three states will decide whether or not existing same-sex marriage rights, an as bigots simply to legalize same-sex marriage; voters in attempt to prevent “activist” judges and Minnesota will decide the fate of a same- politicians from enacting pro-LGBTQ because they stand up sex marriage ban. laws. The vote in North Carolina earlier this The anti-LGBTQ campaigns in all four year is a case in point. Since 1998 same-sex for marriage.” states use the same organizing tactics that marriage bans have multiplied on ballots were employed so effectively in California in states across the country; in the Novem - and Maine a few years ago, including large ber 2004 election alone there were eleven –National Organization for Marriage scale grassroots mobilizing and the use of 2 same-sex marriage bans on ballots. the same political consultants. Both cam - In the absence of a federal Employ - paigns excelled at political messaging that ment Non-Discrimination Act (ENDA), challenged by a referendum. In addition, appeals to moderates, for instance by advo - same-sex marriage law, or other federal in many states and municipalities, Chris - cating for civil unions or domestic part - protections, LGBTQ rights laws are sus - tian Right organizers can use initiatives to nerships as a reasonable alternative to ceptible to challenge by ballot measures. write new, anti-gay laws to counteract any same-sex marriage. Organizers have to work state-by-state and LGBTQ gains in that state as in this fall’s The Right’s new focus on religious free - city-by-city to pass laws, which can be votes. dom tries to reach a broad audience by But in recent years, the Right has had using civil rights style language rather than to react against legalized same-sex marriage morality to make its claim. Although the Amy Stone is the author of Gay Rights at at the state level. For example, California’s Right will no doubt continue to warn of the Ballot Box (Minneapolis: University of Proposition 8 in 2008 and Maine’s Ques - how LGBTQ marriage rights threaten Minnesota Press, 2012) and assistant professor tion 1 in 2009 sought to overturn court rul - children, schools, and marriage, arguments of sociology at Trinity University in San ings that legalized same-sex marriage. about religious freedom—seen in the fight Antonio, Texas.

THE PUBLIC EYE 1 1 FALL 2012 The Public Eye against contraception coverage in Oba - religious freedom and organized religion in warned, “Religious groups like Catholic macare and elsewhere—are on the rise. campaigns against local and state non-dis - Charities or the Salvation Army may lose crimination laws that include sexual ori - their tax exemptions, or be denied the use Strategy Shift entation and gender identity. The Right of parks and other public facilities, unless n September 4, 2012, the four argues that faith-based organizations, they endorse gay marriage.” 11 OCatholic bishops of Washington State including schools, will be forced to hire gay Christian Right organizations frequently declared that the vote on same-sex marriage men and lesbians due to nondiscrimination reference Catholic Charities shutting down in November “would have a chilling effect laws. These messages include stories about their foster care services in Massachusetts, on religious liberty and the right of con - churches being forced to hire gay music New York, Illinois, and Washington, D.C, science.” They argued that the redefinition teachers in St. Paul, 7 fraternal orders and because they refused to let same-sex cou - of marriage would lead to discrimination service clubs being able to screen for sex - ples adopt. The group also changed its against religious individuals, as “no insti - ual behavior, 8 and general concerns about health insurance policies rather than pro - tution or individual could propose that individual religious liberty. 9 To allay these vide insurance for same-sex partners of married mothers and fathers provide a sin - concerns, some nondiscrimination laws employees. gular benefit to children without being have a clause that exempts churches and This fall, we are also seeing arguments accused of discrimination. Recent attacks synagogues from the law. that say the threat to religious freedom is on churches, businesses and nonprofit Religious freedom arguments used to not just to religious institutions and organ - organizations that express their conscien - oppose same-sex marriage frequently make izations but to individuals’ religious liber - tious objection to the redefinition of mar - the spurious claim that churches and syn - ties. For example, in a Maryland Marriage riage underscore the danger.” 3 Alliance message on its website they argue These claims were echoed earlier in the that professionals in the wedding industry week in Maryland, when Derek McCoy, may be fined, and licensed professionals executive director of the Maryland Family The Right’s arguments such as doctors, counselors and lawyers Alliance, warned that business owners may could lose their licenses if they oppose be sued if they disapprove of same-sex about religious freedom— same-sex marriage: “A counselor, for exam - marriage. 4 ple, could not refuse “marriage therapy” to We heard similar arguments earlier this seen in the fight against a same-sex couple because she doesn’t year when faith-based conservatives put the believe in gay marriage.” 12 Maryland Arch - defense of religious freedom at the center contraception coverage bishop Edwin F. O’Brien warned, of the fight against contraceptive coverage Despite the limited measures some in the Patient Protection and Affordable in Obamacare and else - states have taken to protect religious Care Act (ACA). Although ACA does not institutions, none have recognized mandate churches to cover contraception where—are on the rise. the religious freedom of individuals. in their health plans, faith-based colleges, Specifically, they should be protected charities, and hospitals would be required against having to violate their moral to do so. beliefs about marriage. It is hard to Newspaper headlines shouted “Obama agogues would be required to conduct believe that any measure can avoid Insurance Decision Declares War on Reli - same-sex marriages. We still hear that argu - the inevitable collision that redefin - gion;” Mitt Romney’s political ad “Be Not ment in the false claim that churches will ing marriage will bring between gov - Afraid” played on this fear of religious be forced to open their facilities to same- ernment and people of faith. The persecution. 5 According to New York Times sex marriage ceremonies. slippery slope has already become an reporter Dorothy Samuels, “Opponents of This year, Protect Marriage Maine impending avalanche and who can the contraception rule claim the fight isn’t invoked the story about the Ocean Grove, seriously guarantee that efforts to about birth control, but religious liberty. New Jersey Methodists losing a state tax promote “religious exemptions” will It’s about both, though they are right that exemption for a beachside pagoda after they survive future judicial or legislative the battle for religious exemptions goes well refused to rent it out for a same-sex mar - reversals. 13 beyond birth control coverage—to employ - riage. In 2009, NOM broadcast a national This “inevitable collision…between ment discrimination, zoning, mandated ad based on the case. 10 government and people of faith” invokes reporting of child abuse, a pharmacist’s duty The National Organization for Marriage a definition of religious freedom that to fill valid prescriptions and that of hos - and other campaigners warn that not only focuses on an individual’s ability to make pitals to give life-saving emergency care.” 6 churches but faith-based nonprofits are decisions in accordance with their faith. The Right has long invoked threats to threatened. In Rhode Island, NOM

THE PUBLIC EYE 1 2 FALL 2012 The Public Eye

Religious Freedom on their religion and should not be hat is religious freedom? obstructed in their daily lives in doing WMatthew Wilson, associate pro - so. fessor of political science at Southern Religious freedom is often used Methodist University, argues that rhetorically as a civil right, with par - today’s understanding goes far beyond allels made to civil rights for African the right to worship and includes “the Americans or LGBTQ people. For ability to live a life of faith in the world, example, in late 2011, a Macy’s depart - to act socially, economically, politi - ment store employee in San Antonio, cally, etc. in concert with one’s con - Texas, would not allow a transgender victions, without fear of being coerced customer to access the women’s fitting by government into violating the tenets room, and she made an argument of faith.” 14 that “it would go against her religious This definition is echoed by Man - beliefs to lie that he was a woman or hattan Declaration co-author and compromise with homosexuality.” 17 Christian Right leader Chuck Col - This decision contradicted LGBTQ son who commented on a speech by friendly company policies, and the Hillary Clinton that “in one fell swoop, employee was fired. As this story was she changed our God-given right to reported in Christian newspapers and freedom of religion, a public act, to a on Christian Right organization web - much more restricted ‘freedom of wor - sites, the woman in this case was ship,’ a private act, which any Chinese defending her religious freedom, her official could go along with,” while ability to make choices in accordance placing the “‘right to love in the way with her religious beliefs. 18 Indeed, in they choose’ as a fundamental human her defense of her decision she compared right.” 15 company policies that protected religion The Manhattan Declaration, the The Right argues that with those very rights protecting the November 2009 statement signed by con - LGBTQ community. servative Roman Catholic, evangelical, faith-based organizations, The fall’s religious freedom messaging and orthodox Christian leaders, promises does not concentrate on the specifics of a “resistance to the point of civil disobedience including schools, will be religious belief (although almost all argu - against any legislation that might implicate ments are about Judeo-Christian belief their churches or charities in abortion, forced to hire gay men systems) but rather on an individual’s right embryo-destructive research or same-sex to follow their religion at all times. These marriage.” 16 The document also says, and lesbians due to arguments avoid universalizing morality and instead argue about individuals’ rights. Because the sanctity of human life, the In political messages about same-sex mar - dignity of marriage as a union of hus - nondiscrimination laws. riage and religious freedom, the focus is not band and wife and the freedom of con - directly on whether or not same-sex mar - science and religion are foundational tional, and corporate environments. Thus riage is inherently moral or immoral but principles of justice and the common controversies about religious freedom flared rather whether or not individuals who do good, we are compelled by our Chris - over prayer in public schools, the health care not believe in same-sex marriage due to tian faith to speak and act in their coverage of faith-based institutions, fast their religion will be forced to be support - defense. food company Chick-fil-A’s statement ive of same-sex marriage. An argument about religious freedom against same-sex marriage, the posting of For Christian Right organizers, this focuses on the ability of individuals to the in government conflict between government and people actualize themselves and to make deci - buildings, and, of course, LGBTQ rights. of faith will include everything from crim - sions in all aspects of their life in accordance Rather than arguing about a particular inal prosecution to persecution under hate with their beliefs and without obstruc - moral perspective (e.g., the immorality of speech laws to being sued for their beliefs tion. Religious freedom as living a life of homosexuality), religious freedom rests to being labeled “bigots.” In a Minnesota faith in the world includes the ability to on an argument that all individuals should Marriage Minute advertisement, anti-gay bring religion into government, educa - have the freedom to make decisions based group Minnesota for Marriage spokesper -

THE PUBLIC EYE 1 3 FALL 2012 The Public Eye

son Kelly Yanta said, “Same-sex marriage HOW THE RIGHT WINS OVER MODERATES TO OPPOSE MARRIAGE impacts the religious freedom of individ - This year, Freedom to Marry and other LGBTQ rights campaigners are trying to learn uals and groups in many profound ways. from history and avoid some of the traps faced by pro-LGBTQ coalitions in previous ballot If marriage is redefined to be genderless and campaigns. Since 1998, advocates have proposed 40 separate statewide LGBTQ-related people and groups do not accept that, they ballot measures; in all but three of these instances, voters in these states approved the anti- will be in conflict with the law and subject gay position, often with large margins. The campaigners often skirted the issue—LGBTQ to legal consequences. This already has acceptance—in favor of appealing to a heterosexual audience uncomfortable with same-sex occurred in a variety of ways in other relationships. states.” 19 The National Organization for Mar - But Christian Right organizations, including state level groups aligned with Focus on the riage—one of Minnesota for Marriage’s Family and the relatively new National Organization for Marriage, are savvy about choos - ing the right message for the right community, speaking one way to its base and another organizational supporters—is tracking way to moderate voters. Perhaps reflecting the advance of the LGBTQ community in recent these cases of supposed discrimination years, we no longer see Anita Bryant-style ads warning the country it will fall down a slip - with plans to “gather a rapid response pery slope toward bestiality if LGBTQ people are granted rights. It avoids messages that could be characterized as blatantly homophobic or narrowly religious. Based on a review of advertising from 1998 to the present, and data collected by Vote for The fall’s religious Equality in California after the 2008 Proposition 8 vote overturned same-sex marriage, we tracked the Right’s strategy. freedom messaging does • In states where they enjoy a large base of support, they air conservative Christian-oriented media arguing the deep roots of traditional marriage between not concentrate on the a man and a woman is under threat. Seventy-five percent of the ads tracked used this argument. specifics of a religious • They reach moderate voters with advertising focused on the supposed harm to children that will occur if pro-LGBTQ ballot measures pass – particularly from belief but rather on an the teaching about same-sex behavior in schools. Forty-eight percent of all media reviewed had this theme. individual’s right to • Forty-two percent of the ads warned of elites like judges or powerful people from follow their religion outside the state seeking to advance a “” against the will of the people, resonating with right-wing populist arguments. at all times. • The Right relays stories of Christians as “victims” suffering from religious persecution if same-sex marriage becomes legal.

• Twenty percent of the anti-LGBTQ media reviewed for this report prominently team of videographers and reporters to feature people of color, and were largely aired in Arizona, California and Oregon. collect and record stories of those who They tended to use arguments defending “traditional marriage.” have been harassed, threatened or intimi - dated as a result of their support for tradi - Based on door-to-door research in neighborhoods that opposed gay marriage rights, con - tional views on marriage and sexuality.” 20 ducted in partnership with Vote for Equality in California, we found the most successful NOM was following in the footsteps of the ads that reached voters were ones including: American Family Association, which • Strong rebuttals to anti-LGBTQ ads that warn kids in schools will be harmed reminded the activists at the Christian by being taught about gay sex. Right Values Voter Summit this Septem - • Stories by LGBTQ people about their loving relationships and how they are ber that its “Speechless: Silencing the injured, on an emotional level, by not having marriage rights. Christians” documentary is available in seven easy to share snippets on YouTube. 21 The LGBTQ community will continue to suffer setbacks at the ballot box until it wins the The argument may have traction, espe - hearts and minds of a majority of the nation’s voters. No matter the outcome, this Novem - cially as there has been growing conserva - ber will serve as a good laboratory for understanding what messages do and do not resonate tive activism in support of “religious with voters. freedom” laws. The argument may have – From PRA’s new report by David Dodge, The Right’s Marriage Message: How the Right Wins Over traction, especially as there has been a Moderates to Oppose LGBT Rights, 2012. growing conservative activism in support

THE PUBLIC EYE 1 4 FALL 2012 The Public Eye of “religious freedom” laws. Despite Boerne lives, and moderates who are supportive of elementary school children will learn about v. Flores, the 1997 Supreme Court case that civil rights. same-sex marriage, gay sex, and same-sex struck down the federal Religious Freedom Since the first anti-gay referendum in parents in the classroom. They also display Restoration Act (RFRA) due to its restric - Boulder, Colorado in 1974, the Christian books that positively portray gay and les - tions on states, similar bills continue to be Right has shifted its strategy to succeed at bian parents or families, such as Daddy’s introduced—most recently in 2012 by the ballot box, experimenting with differ - Wedding or King & King. Some arguments Sen. Marco Rubio (R-FL) to oppose con - ent types of ballot measures and messag - reach back to the 1990s, when the Chris - traceptive coverage in the ACA. 22 Local and ing. The political messages that the tian Right framed civil rights as only nec - state efforts have proven more successful, Christian Right has developed include essary for “legitimate minorities” like with voters passing RFRA ballot meas - everything from virulently homophobic African Americans and asserted that gays ures in over ten states. 23 messages about pedophilia to more innocu - were trying to get “special rights,” which Colorado organizers have tried for years ous messages about kids in schools. This lat - would dilute the rights of these so-called to put a religious freedom initiative on the est argument about the threat to religious legitimate minorities. ballot. Just a few months ago, North freedom fits into a long tradition of the These types of Christian Right messages Dakota voted down Measure 3, which Christian Right creating sophisticated have been effective in persuading moder - would have prevented the government ate and secular voters. Researcher David from “burden[ing] a person or religious Dodge and Vote for Equality in Los Ange - organization’s religious liberty.” 24 Meas - The U.S. Conference of les found that the Right’s “moderate” adver - ure 3 was sponsored by the Religious Lib - tisements focusing on children in schools erty Restoration Amendment Committee Catholic Bishops warned had a negative impact (an anti-LGBTQ and received financial support from Roman effect) on 15 percent of all voters, and 25 Catholic organizations and the North that marriage equality percent of all undecided voters. In early Dakota Family Alliance, which is one of polling for the Yes on 8 campaign in 2008 dozens of state-level groups loosely affili - would conflict “on conducted by Lawrence Research, a pub - ated with the . 25 lic relations firm active in anti-gay cam - The North Dakota Family Alliance also a massive scale between paigns, more than 60 percent of “No” coordinated the initiative campaign to get supporters polled had changed their mind the 2004 ban on same-sex marriage on the the law and religious when confronted with information about ballot in their state. 26 Some political ads for how health education teachers would have Measure 3 focused on religious liberties for institutions and families.” to teach children about same-sex marriage. 30 “faith-based hospitals, schools, universities In 1992, for the controversial initiative Col - and charities.” 27 orado Amendment 2, 40 percent of voters On August 7, 2012, Missouri voters surveyed in exit polls asserted that they had overwhelmingly backed the Public Prayer messages for secular and moderate voters. voted “yes” because they believed gay Amendment, allowing voluntary prayer in In same-sex marriage bans, the Right has people should not have “special rights.” 31 schools and other public displays of religion used gay male spokespeople, advocated The current polling on same-sex mar - even though opponents said it was already for civil unions rather than same-sex mar - riage and religious freedom shows a grow - protected under the U.S. Constitution. riage, and argued that same-sex marriage ing majority of Americans support same-sex Florida voters have a chance to vote on would create a “genderless marriage.” 28 marriage and a large percentage are also Amendment 8 in November, which would For example, a political ad used in the Yes concerned about religious freedom. Since repeal the state’s ban on religious groups on 8 campaign in California depicted a 2004 there has been a 16 point increase in receiving government funding. Teachers heterosexual family that was close friends the percentage of Americans who support unions are big opponents because it would with their gay neighbors but opposed same-sex marriage, with a majority now in pave the way for state funding of religious extending the benefits of marriage to them. favor. 32 During the debates about health schools through vouchers. The ad described how the parents, Jan care and the ACA, over 59 percent of and Tom, were relieved to find out that their Americans surveyed by the Pew Research Appeal to moderate voters neighbors would get the same benefits of Center had heard about bishops’ protest hristian Right arguments about reli - marriage with a domestic partnership. 29 against policies that restrict religious lib - Cgious freedom are effective because One of the most successful messages erties. Of those, 41 percent of all Ameri - they potentially appeal to three key groups: warned against teaching same-sex mar - can adults and 56 percent of Roman evangelical Christians, libertarians who riage in schools. In this messaging, oppo - Catholics agreed with these concerns about want less government involvement in their nents of same-sex marriage argue that religious liberty and freedom. 33

THE PUBLIC EYE 1 5 FALL 2012 The Public Eye

This past summer, the U.S. Conference 7 Citizens for an Informed Ferndale, political flyer, “Vote gious Freedom Restoration Act Of 2012,” Marco Rubio No on the Civil Rights Ordinance,” 1991. Press Release, February 1, 2012. http://www.rubio.sen - of Catholic Bishops designated June 21 to ate.gov/public/index.cfm/press-releases?ID=b76eae2a- 8 of Santa Clara County, political flyer, 5f9e-4863-9ddb-10a2100d1f6b July 4 as a “Fortnight for Freedom” which “Enough is Enough,” 1980, Box 169, National Gay and focused on the ACA’s threat to religious Lesbian Task Force Records, #7301, Division of Rare and 23 Amy Stone, Gay Rights at the Ballot Box (Minneapolis: freedom and, at times, marriage. 34 On day Manuscript Collections, Cornell University Library. University of Minnesota Press, 2012), 15. 9 Citizens Opposing Special Treatment, political flyer, 24 North Dakota Religious Freedom Amendment, Meas - six of the Fortnight for Freedom, the argu - “Vote Yes on C. Keep Civil Rights Strong!” 1998. ure 3, June 2012. ment was made that “changing marriage 10 “Consequences of Redefining Marriage,” Protect Mar - 25 On the state-level family groups, see Frederick Clarkson, law will jeopardize the religious liberty of riage Maine. NOM drew on the case for its 2009 “Gath - “Takin’ It to the States: The Rise of Conservative State- both individuals and communities or ering Storm” ad campaign as well. See Timothy Kincaid, Level ThinkTanks,” Public Eye, Summer/Fall 1999; “Delightfully Crazy Dingbat Insane Ookie Spookie Ad North Dakota Religious Freedom Amendment, Meas - institutions.” The legalization of same-sex from National Organization for Marriage,” Box Turtle ure 3, June 2012; “Religious Liberty Ballot Restoration marriage would create conflict “on a mas - Bulletin, April 2009. Amendment Committee,” Follow the Money, National Institute on Money in State Politics. sive scale between the law and religious 11 “Frequently Asked Questions,” National Organization for Marriage. 26 “Gay Marriage Ban Passed in North Dakota,” USA institutions and families, as the State will Today, November 3, 2004. 12 “The Threat to Marriage,” Maryland Marriage Alliance. apply various sanctions against the Church 27 “Freedom to Serve” video, YesOnMeasure3, YouTube, 13 Edwin F. O’Brien, “No Time To Abandon Convic - May 29, 2012. for its refusal to comply with the State’s tion,” The Catholic Review, July 28, 2011. 35 28 Daniel R. Pinello, America’s Struggle for Same-Sex Mar - definition.” 14 Bill McKenzie, “Is religious freedom under attack in riage (New York: Cambridge University Press, 2006), 124, America?” The Dallas Morning News blog, May 29, While the Fortnight’s messaging and 161, 175. 2012. interpretation conjure up scare tactics, the 29 Yes on 8, “Unnamed Ad,” [video] retrieved May 10, 2010 15 Brian Tashman, “Chuck Colson’s Latest Pathetic Claim from http://whatisprop8.com. real potential of the religious freedom that LGBTQ Rights is Undermining Religious Freedom,” argument may be seen after November, in Right Wing Watch, January 18, 2012. 30 Frank Schubert & Jeff Flint, “Case Study, Passing Prop 8,” Campaigns & Elections, February 2009. the courts. Marc D. Stern, the American 16 “Manhattan Declaration: A Call of Christian Con - science,” www.manhattandeclaration.org 31 Lisa Keen and Suzanne B. Goldberg. Strangers to the Law: Jewish Committee’s associate general coun - Gay People in Trial (Ann Arbor: University of Michigan 17 Alex Murashko, “Macy's Fires Christian Worker for Not Press, 1998). sel for legal activity, said that while “no one Allowing Transgender in Women's Fitting Room,” seriously believes that clergy will be forced, Christian Post, December 7, 2011. 32 “More Support for Gun Rights, Gay Marriage than in 2008 or 2004,” Pew Research Center, April 25, 2012. or even asked, to perform marriages that 18 “Men Using Women’s Fitting Rooms at Macy’s Featured are anathema to them,” he believes there on Fox News,” Liberty Counsel, December 9, 2011. 33 “Catholics Share Bishops’ Concerns about Religious Lib - erty But Catholic Voters Back Obama on Social Issues,” 19 http://www.nomblog.com/24246/ may be consequences for other religiously- Pew Research Center, August 1, 2012. 20 “NOM Deposition: Exhibit 25,” National Organization run institutions such as “schools, health care 34 “Freedom of Religion is Safe,” Los Angeles Times, June for Marriage, Inc v. McKee, 669 F.3d 34 (1st Cir. 2012) 17, 2012; McKenzie, “Is religious freedom under attack centers, social service agencies, summer [2012 BL 25333]. in America?” camps, homeless shelters, nursing homes, 21 “Speechless…Silencing the Christians” video, Giramino, 35 “Fortnight for Freedom, Day 6: How could changing the YouTube, February 15, 2009. orphanages, retreat houses, community legal definition of marriage have any effect on religious centers, athletic programs and private busi - 22 Marci A. Hamilton, “North Dakota’s Religious Freedom liberty?” Marriage Unique for a Reason, June 26, 2012. Restoration Act (RFRA) Signals Religious Lobbyists’ New 36 36 Peter Steinfels, “Will Same-Sex Marriage Collide With nesses.” and Disturbing Approach to Statute-based Free Exercise Religious Liberty?” New York Times, June 10, 2006. In recent years it has been the courts that Rights,” Verdict, May 3, 2012; “Support Grows For Reli - crucially defended protections for the LGBTQ community—not voters at the ballot box. But that could change. I HOT OFF THE PRESSES! From the Tea Party to the Endnotes Mormon Church, the report 1 Beth Hawkins, “Memos in NOM suit reveal anti-gay-mar - riage strategies,” Minnesota Post, April 4, 2012. For the key strategy document, visit http://archive.org/ details new players, key stream/NationalOrganizationForMarriageDocu - ments/Nom3_djvu.txt threats, and principal 2 Surina Khan, “Tying the Not,” Public Eye, Spring 2009. 3 Joel Connelly, “Catholic bishops: Gay marriage threat - strategies related to ens religious liberty,” Seattle Post-Intelligencer, September 4, 2012. LGBT issues. 4 “Gay marriage: The misinformation campaign begins,” Baltimore Sun , August, 26, 2012. 5 “Be Not Afraid” video, MittRomney, YouTube, August Available free online: 9, 2012. www.publiceye.org 6 Dorothy Samuel, “Back to First Principles on Religious Freedom,” New York Times, February 25, 2012.

THE PUBLIC EYE 1 6 FALL 2012 The Public Eye REV. SAMUEL RODRIGUEZ continued from page 1 policy. His group, NHCLC, purports to rep - Yet when the Democrats and the resent more than 34,000 churches com - Obama White House woo him, for prising some 16 million people. Founded instance to back the Supreme Court can - in 2001 by Latino leaders in the Pentecostal didacy of Sonia Sotomayor or serve on the denomination Assemblies of God, the President’s Advisory Council on Faith- name echoes the Southern Christian Lead - Based and Neighborhood Partnerships, ership Conference once headed by Dr. they elevate his influence, his power to King. The organization’s evangelical con - oppose LGBTQ marriage, and even stituency and leadership are interdenom - Obama’s own reelection. 3 inational, and Pentecostal/charismatic, Who is Samuel Rodriguez? but the group also seeks to engage charis - matic Catholics. Like Rodriguez himself, The Silence of the Lamb the organization claims to seek to address his is a justice movement,” he is a broader agenda than the usual Christian “T fond of saying. “This is what makes Right fare. 5 us different. We’ve never seen this before. The organization is, however, small and We’ve never seen a movement that is black, low budget. 6 While it has many prominent white, brown, yellow, committed to both Rev. Samuel Rodriguez told Charisma that he the vertical and the horizontal, that can rec - believes the National Hispanic Christian Leader - oncile Dr. Billy Graham with Martin Luther ship Conference had “misplaced its priorities by King, Jr., that is committed to both right - Rodriguez is deeply emphasizing immigration over the sanctity of life eousness and justice.” 4 But justice, by any and traditional marriage.” standard definition, can be hard to find in involved in promoting a the world according to Rodriguez. He calls this intersection between Gra - Christian Right world - Latinos. What’s more, a majority of Latino ham and King “the agenda of the Lamb.” Catholics describe themselves as charis - Using the metaphor of the Cross, Graham view and is engaged in matics. 8 represents the “vertical agenda” of holiness This makes Rodriguez’s claim to and faith values while King represents the GOP voter mobilization, be the spokesman for this growing con - “horizontal agenda” of social justice. The stituency all the more deserving of greater Lamb’s agenda, he says, requires both. leaving immigration scrutiny. This bold invocation of historic figures and Rodriguez’s main claim to fame is his the bars of the Cross is part of what makes reform behind. work with two presidents towards greater Rodriguez a compelling figure and why he fairness in U.S. immigration policy. He has is viewed as a bridge builder. But on closer gone so far as to publicly denounce examination there seems to be little of the nativism, xenophobia and mean spirited - partners and well publicized efforts to pro - ness among elements of the conservative social justice advocacy of Dr. King in this 9 man’s activities, political and otherwise. mote comprehensive immigration reform, movement and of the Republican Party. Indeed, when we set aside the parsing of the it has few organizational activities. However, in addition to conventional metaphors, we see that he is deeply involved NHCLC’s reach, too, may be exagger - Christian and human rights reasons for a in the promotion of a Christian Right ated. Journalist Sarah Posner points out the more just policy towards immigration pol - worldview, and is engaged in Republican NHCLC’s numbers may be grossly inflated icy and immigrants, Rodriguez also has voter mobilization, the results of which since only 6.5 million Latinos in the United controversial motives. He sees, for exam - inevitably leave even immigration reform States, about 13 percent of the country’s ple, the immigration of evangelical Chris - behind. Latino population, identify as evangelical, tian Latinos as part of the salvation and according to data collected by the Pew replenishment of Christian America and as 10 Hispanic Center. 7 a bulwark against Islam. Perhaps most Frederick Clarkson is a senior fellow at But it is also true that the NHCLC’s core revealing is how, for Rodriguez, immigra - Political Research Associates.He is co-founder constituency is growing. A 2007 Pew study tion is nevertheless a decidedly secondary Talk To Action, of the group blog and the found that Pentecostal/charismatic concern. Shortly after the inauguration of Eternal Hostility: The Struggle author of renewalism is three times more prevalent President Obama in early 2009, for exam - Between Theocracy and Democracy. among Latinos than it is among non- ple, Rodriguez participated in the creation

THE PUBLIC EYE 1 7 FALL 2012 The Public Eye and release of a highly publicized docu - to experience the greatest transformative the latest in a series beginning in the 1980s, ment, Come Let Us Reason Together: A Fresh Christian movement in our history.” He which brought hundreds of thousands to Look at Shared Cultural Values Between denounced such demonic spirits as Jezebel, the Mall for the event “Washington for Evangelicals and Progressives. The several sig - which he says push people into “sexual per - Jesus” in the run-up to the 1980 and 1988 natories announced they had crafted a version” and the spirit of Herod, which he elections. 18 Televangelist Pat Robertson “Governing Agenda” proposal for the new says is responsible for abortion. “This recalled in a promotional segment for Democratic president and Congress, movement will affirm biblical orthodoxy,” America for Jesus on his Christian Broad - including “creating secure and compre - he declared. “It will reform the culture. It casting Network (CBN) that the late Bill hensive immigration reform.” 11 But only a will transform our political discourse. I am Bright of Campus Crusade for Christ few months later Rodriguez told Charisma convinced God is not done with America believed that was elected magazine that he believed NHCLC had and America is not done with God.” 15 president because of Washington for Jesus “misplaced its priorities by emphasizing This September, Rodriguez was a fea - in 1980. 19 immigration over the sanctity of life and tra - tured speaker at a capstone political event Although Rodriguez tries not to flaunt ditional marriage.” it, he cannot hide the fact that he is a “Immigration is one of God's values,” leader in the New Apostolic Reformation Rodriguez said. “But when we have to pri - (NAR), a movement that is transforming oritize, if we are faithful to life and marriage, historic Pentecostalism and is playing an God’s going to be faithful to making sure “We must vote vertical. outsized role in American politics by build - we get comprehensive immigration ing networks that span across denomina - reform.” Rodriguez’s comment came on We must look at our tions and churches. For example, many the occasion of his joining Democratic NAR leaders, including Rodriguez, helped State Senator Reuben Diaz (who is also a legislators and those that organize and attended a prayer rally to Pentecostal minister) in rallying Hispanic help launch Texas Governor ’s Christians against marriage equality in represent us on Capitol unsuccessful campaign for president in New York. 12 2011 which drew 30,000 people. 20 Hill and say, ‘religious NAR’s political roots go back to the era Prioritize: Vote Vertical liberty, the family, biblical when Pat Robertson led historically apo - his is not an issue of equality,” litical Pentecostals and charismatics off “T Rodriguez said regarding marriage marriage and life, must the political sidelines and into the main - equality on a radio show in May 2012. stream of the Republican Party. The rela - “There is an attempt to silence the voice of stand protected.’” tionship with the America for Jesus events Christianity, there is an attempt to silence epitomizes this long term trend. the voice of truth, of righteousness and Bib - –Rev. Samuel Rodriguez Rodriguez’s efforts to downplay his lical justice.” 13 involvement in NAR notwithstanding, he Although the Lamb’s Agenda is sup - is a frequent headliner at events organized posed to require both bars of the Cross, by fellow NAR leaders. His NAR apostolic Rodriguez said, “We must vote vertical. We overseer Bishop Steve Perea, who leads a must look at our legislators and those that called “America for Jesus” that was broad - megachurch in Manteca, California, has represent us on Capitol Hill and say, ‘reli - casted and live-streamed nationally from been public about his role. 21 Rodriguez, in gious liberty, the family, biblical marriage Philadelphia outside Independence Hall. 16 turn, is the overseer of an international net - and life, must stand protected.” 14 Ostensibly a prayer rally, it is part of a 30- work of indeterminate size and scope, As off message as it sounds for those who year tradition of similar election season called the Third Day Believers Network. view him as a bridge builder, his real views events. Another featured speaker is Lou The NAR is seeking to transform tra - should come as no surprise. Rodriguez is Engle of The Call, who came to mainstream ditional Christian denominations into a a frequent headliner at Christian Right attention in the documentary Jesus Camp more powerful social and political force. political conferences. He was featured, for and played a catalytic role in passing the The leaders of the NAR, who call them - example, at regional election year confer - anti-gay marriage Proposition 8 in Cali - selves apostles and prophets, claim author - ences hosted by veteran Christian Right tel - fornia. At a pre-election rally he ity in and over the Church beyond evangelist James Robison in the summer of hosted in San Diego, Engle and others denominations and offer what they say are 2012. At the Dallas conference, which called for Christian martyrs to stop mar - fresh revelations from God to inform what drew some 7,000 participants, Rodriguez riage equality and abortion. 17 the Church should be doing. NAR lead - declared, “The 21st century stands poised Philadelphia’s America for Jesus event is ers see themselves as transcending the tra -

THE PUBLIC EYE 1 8 FALL 2012 The Public Eye ditional doctrines and elected leadership of Islamophobia in Sharp Relief Rodriguez represented the Initiative on both mainline and evangelical Protes - ast year, Rodriguez’s duplicity on sev - conference calls in preparation for Lou tantism. 22 Leral matters was revealed in a remark - Engle’s The Call, Detroit in 2011. The C. Peter Wagner, a longtime professor able series of events beginning with growing event was billed as a rally to help cleanse the at Fuller Theological Seminary, is the lead - concern about his involvement in and lead - city from the demon of Islam by engaging ing figure in the movement. Christians, he ership of the NAR-led, South Carolina- in “spiritual warfare.” The website of the declares, are called to take dominion in all based political project called The Oak event’s sponsor stated, “Transformation areas of life. One expression of this total - Initiative. The Initiative is a religio-politi - Michigan is in partnership with The Oak ist vision is the “seven mountains mandate” cal organization with a mandate to save Initiative. We have established groups in in which Christians are to take control of America from a Marxist/Leftist/Homo - Michigan who, with one united purpose, seven areas of life: business, government, sexual/Islamic enemy. Rodriguez co- are taking the Seven Mountains in Michi - media, arts and entertainment, education, founded the group in 2009 and served as gan. Join us in this warfare.” the family and religion. its Vice President until his resignation in As the details of Rodriguez’s true views 2011. and organizational commitments began to

Rodriguez cannot hide WHERE DO LATINOS STAND? Media’s deference to Samuel Rodriguez and the National Hispanic Christian Leadership the fact that he is a leader Conference (NHCLC) as the voice of the Latinos belies recent findings that the Latino community—in all its diversity—is more likely to be open to lesbians, gays, bisexuals, and in the New Apostolic transgender individuals than the rest of the populace. 1 Two 2012 studies, one conducted by the Pew Hispanic Center of the Pew Research Center, “When Labels Don’t Fit: Hispanics Reformation, a religious and Their Views of Identity,” the other by Social Science Research Solutions, in conjunc - tion with La Raza, “LGBT Acceptance and Support: The Hispanic Perspective,” show movement that is playing this—as do recent organizing partnerships. In July 2012, twenty-one national Latino organizations launched Familia es Familia, a an outsized role in public education campaign to build support for the LGBTQ community that aims to “build support among Latino communities for acceptance of gay and lesbian family mem - American politics. bers, including supporting them to marry—eventually leading to support for broader soci - etal and political inclusion.” 2 The campaign has already coalesced into mutually beneficial organizing partnerships in Maryland. This November, Maryland has ballot initiatives affecting both communities: one legalizing same-sex marriage, another making undocu - mented immigrants eligible for in-state tuition at public colleges and universities. Casa Researcher Bruce Wilson points out de Maryland, Equality Maryland, and Latino LGBTQ History Project identify both struggles, gay rights and comprehensive immigration reform, as civil rights issues. that Wagner stated at a conference that year, “Dominion has to do with control. Domin - But, according to the Washington Post, Rodriguez said he doubted that center-right and ion has to do with rulership. Dominion has religious Americans who support the Dream Act for immigration reform would also to do with authority and subduing and it support same-sex marriage: “They will not sacrifice biblical truth on the altar of political relates to society. In other words, what the expediency.” 3 values are in Heaven need to be made Polling casts skepticism on Rodriguez’s claims—somewhat. The Pew Research Center manifest here on earth. Dominion means found that 59 percent of Latinos say homosexuality should be accepted by society. 4 Protes - being the head and not the tail. Dominion tant Latinos (who Rodriguez purports to represent) were found to be less open than Latino 23 means ruling as kings.” Catholics (who are a larger part of the community) to LGBTQ rights. Since NAR is a movement without a for - mal doctrine or structure, and comprising ENDNOTES many independent networks, it is fair to say 1“LGBT Acceptance and Support: The Hispanic Perspective,” Social Science Research Solutions, 2012. that not all may share Wagner’s theocratic 2 “Groundbreaking Latino and LGBT Campaign “Familia es Familia” Launches at NCLR Annual Conference,” fervor, but in fact, many do. Freedom to Marry, July 8, 2012; Familia es Familia. 3 Tara Bahrampour, “Gay, Latino activists form coalition to promote Maryland ballot measures,” Washington Post, August 28, 2012. 4 Paul Taylor, Mark Hugo Lopez, Jessica Hamar Martínez and Gabriel Velasco, “When Labels Don’t Fit: Hispanics and Their Views of Identity,” Pew Hispanic Center, April 4, 2012.

THE PUBLIC EYE 1 9 FALL 2012 The Public Eye catch up with him in 2011, he sought to ronmentalism (also called “creation care,” about how to find Latinos who will vote for minimize his involvement in NAR and the according to the National Association of Romney despite his anti-immigrant views. Oak Initiative in a published interview Evangelicals, where Rodriguez is an exec - Indeed, Rodriguez is part of historic with journalist Greg Metzger. 24 However, utive board member) but he is also a global efforts by the Christian Right and the a series of articles by Rachel Tabachnick warming skeptic and has served as a front Republican Party to peel off some Latino proved Rodriguez’s deep involvement. 25 man, along Harry Jackson, for an indus - and African-American voters, and to inoc - Rodriguez was compelled to not only try-financed group called the American ulate other recent immigrants against their resign but to publicly state, “I repudiate all Power Alliance. Rodriguez signed a state - traditional affinity for the Democratic vestiges of Islamophobia or any other plat - ment of the NAE’s Evangelical Environ - Party. Aaron Manaigo, a political operative form that engages in fear-mongering...” 26 mental Network called “An Evangelical working for Harry Jackson, told a break - While this statement was issued, it was not Call to Stop Mercury Poisoning of the out session at the 2012 Values Voters publicized, and he has no other obvious Unborn,” but he is also a director of the Summit, sponsored by Christian Right public record of opposing the continuing American Power Alliance which opposes groups like the Family Research Council Islamophobia among his religious and this regulation. 30 in Washington, D.C. in September, that political associates. 27 they were seeking “some demographic Nonpartisan, But Somehow advantage.” To this end, they have staged Strangely Republican events in swing states and those with mar - is nonpartisan image notwithstand - riage initiatives on the ballot. One notable Hing, Rodriguez emerged in July 2012 event in New Mexico featured Rodriguez, Along with Harry Jackson, as a key “Hispanic outreach” adviser for the Republican Lt. Governor John Sanchez presumptive Republican presidential nom - and Fr. Frank Pavone, head of the militant Samuel Rodriguez is inee Mitt Romney. 31 David Brody of CBN anti-abortion organization Priests for Life. reported that Romney had been “regularly Jackson and Manaigo’s session at Values part of a “Black/Brown meeting” with Rodriguez (in addition to a Voters was titled: “Vertical Vote Cam - larger group of some 70 top Christian paign for Life, Marriage, and Religious coalition to defend Right leaders) since he clinched the nom - Liberties.” 34 ination. Brody also reported that as a result, Despite Rodriguez’s apparent embrace biblical marriage.” the candidate had “made a 180-degree turn of Mitt Romney’s candidacy, his intentions and is headed to a significant Hispanic have been complicated and contradictory outreach.” 32 over the years. For example, in 2008 he These conversations do not appear to described Mark Gonzales, a Texas pastor Similarly, Rodriguez has also sought to have been about Romney’s views on immi - and NHCLC's longtime Vice President for simultaneously oppose both homosexual - gration. Indeed, anti-immigrant lawyer Government Affairs as “a die hard Repub - ity and homophobia. In the wake of Pres - Kris Kobach still serves as the GOP can - lican operative” who “represents a walking ident Obama’s announcement that he didate’s adviser on immigration. Kobach billboard for the Hispanic versions of supports marriage equality, African-Amer - helped draft Arizona’s draconian SB1070 Family Research Council, Focus on the ican Christian Right activist (and fellow law, and promotes similar policies across the Family, Council on National Policy and NAR leader) Bishop Harry Jackson hosted country. 33 Rodriguez’s advice is more likely Christian Coalition.” He claimed that an event in Washington, D.C. called the Defense of Marriage Summit (which he has since taken on the road). 28 The duo then announced a “Black/Brown coalition to Read the best analysis of the Christian Right on defend biblical marriage.” Rodriguez said, Talk2Action.org! “The partnership aims to engage Hispanics and African American clergy and Talk2Action is a group blog led by The Public Eye writer laypeople in prophetic activism that repu - and editorial board member Frederick Clarkson. Read weekly diates homophobia while simultaneously preserving the biblical definition of contributions from Fred, researchers Chip Berlet and Rachel marriage.” 29 Tabachnick, and the rest of the best thinke rs about the Rodriguez’s contradictory role extends Christian Right. into right-wing economics. He has been an Visit Talk2Action.org avatar of the evangelical version of envi -

THE PUBLIC EYE 2 0 FALL 2012 The Public Eye

Gonzales was disappointed with the GOP’s Angeles Times reports is spending millions gious broadcasters partnering in Champion approach to immigration issues and that of dollars, and using advanced data min - the Vote. 41 These include The Manhattan therefore his main objective was to regis - ing techniques to identify unregistered Declaration, the premier alliance of con - ter voters in states with high concentrations conservative Roman Catholics and con - servative evangelicals and conservative of Latino voters, regardless of party affili - servative evangelicals. They aim to widen Roman Catholics, and ’s Faith ation “as long they vote and demonstrate the Christian Right electorate this year by & Freedom Coalition. Champion the that Latino Christians represent a deliver - registering and turning out five million new Vote's three foci are anti-abortionism, anti- able constituency.” 35 This might sound voters, primarily in states where, in the marriage equality, and “religious free - sensibly nonpartisan under the circum - 2008 presidential contest, the margin of dif - dom”—and its stated mission is “... to get stances—except at the time Gonzales was ference was less than the number of unreg - unregistered Christians registered to vote, serving as chairman of the Hispanic advi - istered conservative Christians. To get educated in the Biblical worldview, and vot - sory council for John McCain’s presiden - there, they are seeking to recruit 100,000 ing accordingly on Election Day.” tial campaign. 36 “champions” to follow-up once UIP has This year, Rodriguez appeared in the Unsurprisingly perhaps, Rodriguez’s identified the right kind of unregistered organization’s voter mobilization DVD, Republican stock soared when he gave Christians. "One Nation Under God”—along with the benediction to close the first day of the NHCLC and UIP have closely collab - Dr. , founder of Focus on Republican National Convention in orated for a number of years. UIP’s 2010 the Family; Christian nationalist author Tampa in August 2012. His prayer imme - David Barton, and former Speaker of the diately followed a speech by Ann Romney House —but with no and the keynote address by Gov. Chris Democrats. The ostensibly nonpartisan Christie of New Jersey. But, since then, he DVD is intended for use in churches and has maintained a nuanced critical dis - Rev. Samuel Rodriguez house parties. 42 tance. “For Republicans, the bridge to NHCLC and Champion the Vote’s the Hispanic promised land is the Hispanic has emerged as a key approach updates the mobilization efforts faith voter, and that bridge is now broken,” by conservative activist Ralph Reed who led Rodriguez declared in September. “Repub - “Hispanic outreach” Pat Robertson’s Christian Coalition in the licans look and talk like us, but we're not 1990s. 43 The Coalition and others suc - sure they want us.” 37 adviser for presidential cessfully expanded and mobilized the con - servative Christian electorate at the time in Rodriguez and Fresh Faith Voters candidate Mitt Romney. ways that transformed American politics. 44 ut the Christian Right does want the Reed describes his current organization, the BLatino vote, and its targeted approach Faith & Freedom Coalition, as a “21st to mobilize a specific subset of religiously century Christian Coalition on steroids.” informed Latino voters is aimed for the long tax return, for example, shows that it pro - Reed claims that his new organization’s run. An expanding conservative evangeli - vided $112,500 for “voter registration experiments in mobilizing conservative cal electorate, including a growing Latino Fuerza 2010.” (NHCLC was the organi - Christian voters have been so successful demographic, could be decisive in some zation’s only grantee.) Rodriguez claims the that they may explain why pre-election parts of the country. Rodriguez and the Fuerza project registered 268,000 new polls underestimated the winning margin NHCLC are at the center of that outreach voters by focusing on evangelical Latino of the conservative Republican candi - through a partnership with the conserva - churches in Colorado, Nevada, New Mex - dates by eight to nine points in both the tive Champion the Vote which aims to ico, and Texas. 39 As part of that effort, UIP 2009 governor’s race in Virginia and the build the Christian Right’s capacity to win issued a video in English and Spanish 2012 recall election in Wisconsin, as jour - a theocratic power bloc in the American which stated that “friends have turned nalist Adele Stan has reported. 45 Reed’s electorate. into foes”—and then showed pictures of associate, Gary Marx, explained at the As Rodriguez told Pat Robertson in an President Obama, Senate Majority Leader 2012 Values Voters Summit that they interview on CBN , “The Hispanic elec - Harry Reid, and then-Speaker of the were seeking to find two million unreg - torate may be the salvation of the conser - House, Nancy Pelosi, all Democrats (The istered conservative Christian voters and vative movement and the Christian Church top issues featured in the video were abor - to identify and turn out some eight mil - in America.” 38 Champion the Vote is a tion and marriage). 40 lion more registered voters who did not project of United in Purpose (UIP), an NHCLC is, at this writing, one of some vote in the last presidential election. organization of conservative Christian six-dozen Christian Right, anti-abortion, Whether they met their voter registration Silicon Valley entrepreneurs that the Los GOP, and Tea Party organizations, and reli - goal, Marx did not say. But he did say that

THE PUBLIC EYE 2 1 FALL 2012 The Public Eye the Virginia and Wisconsin models worked so well that they are now being applied in swing states and nationally. It is worth noting that in the 1990s, An expanding conservative evangelical electorate, Reed routinely inflated the membership figures of the Christian Coalition to a including a growing Latino demographic, unquestioning and credulous national press corps. Church & State magazine even - could be decisive this fall. tually proved that the Coalition could not have 1.7 million members as claimed, since the official circulation of its mem - Endnotes 18 One Nation Under God, Inc., Who We Are. See Fred - bership magazine, according to U.S. Post 1 Dan Gilgoff, “Five Faithy Players to Watch at the Repub - erick Clarkson, Eternal Hostility: The Struggle Between Office records, was only about 350,000. 46 lican National Convention,” CNN, August 28, 2012; Trip Theocracy and Democracy, Common Courage Press, 1997, 107-109. But Reed’s hyperbole notwithstanding, Gabriel, “Evangelical Groups Call for a New Stance on Illegal Immigration,” New York Times, June 13, 2012. 19 Pat Robertson, Interview with Anne Giminez, “700 the Christian Coalition’s methods proved 2 Krissah Thompson “Latino religious leader Rodriguez Club”, Christian Broadcasting Network, 2012. to be catalytic in crafting the Christian courts the left, right for immigration reform,” The Wash - 20 Forrest Wilder, “Rick Perry’s Army of God: A little-known Right political movement as we know it ington Post, March 21, 2010. movement of radical Christians and self-proclaimed 3 prophets wants to infiltrate government, and Rick Perry today. Peter Baker and Jeff Zeleny, “Obama Hails Judge as Inspir - ing,” New York Times, May 27, 2009. might be their man,” The Texas Observer, August 3, 2011. “The first strategy and in many ways the 21 4 Bruce Wilson, “2010: NHCLC President Samuel Rachel Tabachnick, “Samuel Rodriguez, the New Apos - most important strategy for evangelicals is Rodriguez Plugs The Oak Initiative,” Talk to Action, Sep - tolic Reformation, and Apostolic Government of the secrecy,” Reed once famously declared. tember 23, 2011. Church,” Talk to Action, September 24, 2011. 22 “Sun Tzu says that’s what you have to do 5 Gastón Espinosa, “‘Today We Act, Tomorrow We Vote’: Tabachnick, “Samuel Rodriguez, the New Apostolic Ref - Latino Religions, Politics, and Activism in U.S. Civil Soci - ormation, and Apostolic Government of the Church.” to be effective at war and that’s essentially ety,” The Annals of American Academy of Political & 23 Bruce Wilson, “Wagner & Rushdoony,” Talk to Action, what we are involved in... It’s not a war Social Science, July 2007, 151-171. May 13, 2012. fought with bullets, it’s a war fought with 6 990s for 2011 reveal the NHCLC’s budget below $1 mil - 24 Greg Metzger, “Samuel Rodriguez, Extremism, and ballots.” 47 lion, a quarter of which goes to Rodriguez. the Oak Initiative,” Patheos, September 13, 2011. 7 Sarah Posner, “An Immoderate Proposal: Sam Rodriguez, 25 Tabachnick, “Samuel Rodriguez, the New Apostolic Ref - UIP claims to have compiled a database “Centrist” Evangelical, to Give Benediction at RNC,” ormation, and Apostolic Government of the Church.” Religion Dispatches, August 26, 2012. of some 120 million people and is running 26 Metzger, “Samuel Rodriguez, Extremism, and the Oak it against purchased subscription lists, 8 Pew Hispanic Center, “Changing Faiths: Latinos and the Initiative;” Tabachnick, “Oak Initiative Confirms Res - among other data, to identify anti-abortion Transformation of American Religion,” Pew Forum on ignation of Co-Founder and Vice President Samuel Religion and Public Life, 2007. Rodriguez;” Metzger, “The Muslim Community’s and anti-marriage equality Christians who 9 See, for example, Posner, “An Immoderate Proposal: Samuel Rodriguez Problem.” are not registered to vote. This year, they Sam Rodriguez, “Centrist” Evangelical, to Give Bene - 27 Metzger, “The Muslim Community’s Samuel Rodriguez are looking for five million, but over the diction at RNC.” Problem.” next few election cycles, they are seeking 10 Rachel Tabachnick, “Oak Initiative Confirms Resigna - 28 The High Impact Leadership Coalition has video record - tion of Co-Founder and Vice President Samuel ings of the Defense of Marriage Summit. See also Peter to ID and register forty out of the sixty mil - Rodriguez,” Talk to Action, September 21, 2011; Greg Montgomery, “Harry Jackson Fundraises for Anti- lion they believe to be eligible. 48 The Faith Metzger, “The Muslim Community’s Samuel Rodriguez Obama Campaign,” Religion Dispatches, September & Freedom Coalition uses the same num - Problem,” Talk to Action, November 7, 2011. 17, 2012. 11 See Frederick Clarkson, “Anti-abortion Strategy in the 29 Samuel Rodriguez, “Hispanic Evangelicals’ Biblical bers and the same general methods, which Age of Obama,” The Public Eye, Winter 2009/Spring Definition of Marriage Is a Matter of Faith Not Politics,” suggest a high degree of common purpose 2010. See also Frederick Clarkson, “Where Did the NHCLC, May 2012. Abortion Reduction Agenda Come From?” RH Reality 30 Rachel Tabachnick, “Affordable Power Alliance's Harry and coordination. Check, February 16, 2009. Jackson Attacks Evangelical Environmental Network and Grandiose visions, of course, like any - 12 Adrienne S. Gaines, “Hispanic Christians Rally Against EPA,” Talk to Action, October 7, 2011. The APA is a proj - thing else, do not always turn out as Gay Marriage in New York,” Charisma, May 13, 2009. ect of CORE, the Congress on Racial Equality, headed planned. However, if UIP, NHCLC, and 13 Peter Montgomery, “Samuel Rodriguez: Marriage Equal - by Niger Inness. the many other partner organizations ity an Assault on Religious Freedom,” Right Wing Watch, 31 Bill Berkowitz, “Rev. Rodriguez’s Unenviable Task: Sell - May 29, 2012. Fox News Latino. Samuel Rodriguez: ing Romney to Hispanics,” Buzzflash.com, July 17, find even a few million ideologically ori - support of biblical marriage is a matter of faith, not pol - 2012. itics. ented new voters who can be engaged in the 32 David Brody, “Romney’s Behind the Scenes Outreach wider movement we broadly call the 14 Peter Montgomery, “Samuel Rodriguez: Marriage Equal - to the Evangelical Community,” The Brody File, Chris - ity an Assault on Religious Freedom,” Right Wing Watch, tian Broadcasting Network, July 2, 2012. Christian Right, it could be, as Rodriguez May 29, 2012. 33 Romney praised the former counsel for the legal arm of suggests, a transformational moment in 15 Samuel Rodriguez, “The Lamb’s Agenda,” July 2012. John Tanton’s Federation for American Immigration American history. I 16 America for Jesus. Reform (FAIR) earlier this year: “I’m so proud to earn Kris’s support,” Romney said this January. “Kris has been 17 Bruce Wilson, “Anti-Gay Marriage Pro-Prop 8 Leader a true leader on securing our borders and stopping the Called For Antiabortion Martyrs,” Talk to Action, June flow of illegal immigration into this country. We need 2, 2009.

THE PUBLIC EYE 2 2 FALL 2012 The Public Eye

more conservative leaders like Kris willing to stand up Public Radio reported that as of February, the system still 48 Kyle Mantyla, “Understanding The Methods And for the rule of law. With Kris on the team, I look for - was still buggy in Florida. Barbara Bradley Hagerty, To Agenda of Champion The Vote,” Right Wing Watch, ward to working with him to take forceful steps to cur - Get Out The Vote, Evangelicals Try Data Mining, “All September 29, 2011. tail illegal immigration and to support states like South Things Considered,” National Public Radio, February Carolina and Arizona that are stepping forward to 27, 2012. address this problem.” See: Evan McMorris-Santoro, 40 United in Purpose, Unleashing the Patriot, video. 2010 “Mitt Romney’s Long Embrace of Kris Kobach,” Talk - ing Points Memo, January 18, 2012. 41 ChampionTheVote.com 34 Harry Jackson and Aaron Manaigo, “Vertical Vote 42 Kyle Mantyla, “Rodriguez: Christians Must Mobilize To Campaign for Life, Marriage, and Religious Liberties,” Vote And Save America,” Right Wing Watch, November NEW REPORT! Values Voters Summit,” September, 15, 2012. 8, 2011; Bill Dallas, One Nation Under God, DVD,

35 United in Purpose, 2011, retrieved at Transformation Samuel Rodriguez, “The End of the Republican Barrio,” Michigan, July 30, 2012. Also appearing are former Rep. NHCLC, March 4, 2008. Bob McEwen (R-OH), anti-abortion activist Lila Rose, 36 Carolyn Petri, “The Power of the Advisory Council, The Dr. Timothy Johnson, president of the Frederick Dou - Latino vote has already swung; McCain and Obama’s glas Foundation, and John Stemberger, President Florida Latino advisory boards could explain why,” The Amer - Family Policy Council. ican Prospect, November 4, 2008; Bruce Wilson, “NAR 43 For more on Reed’s involvement in the 2012 presiden - Apostle Cindy Jacobs Leads Hispanic Groups in Anti- tial election, see Jo Becker, “An Evangelical Is Back Catholic Prayer Initiative,” Talk to Action, September From Exile, Lifting Romney,” New York Times, September 28, 2011. 22, 2012. 37 Neil King, Jr., “Lost in Translation: GOP Struggles with 44 Frederick Clarkson, Eternal Hostility: The Struggle Hispanics,” September 3, 2012. Wall Street Journal, Between Theocracy and Democracy, Common Courage 38 Samuel Rodiguez, Interview with Pat Robertson, 700 Press, 1997, 67. Club, November 09, 2011. 45 Adele M. Stan, “Religious Right’s Ralph Reed Field- 39 Matea Gold and Tom Hamburger, “Silicon Valley gives Tests Plan for Beating Obama,” AlterNet, July 10, 2012. conservative Christians a boost: A group of venture cap - 46 Clarkson, Eternal Hostility, 28-29. italists is backing United in Purpose, an ambitious proj - Available free online at ect that seeks to affect the 2012 election by registering 47 Frederick Clarkson, Eternal Hostility: The Struggle www.publiceye.org 5 million new conservative Christians to vote,” Los Between Theocracy and Democracy, Common Courage Angeles Times, September 15, 2011. Although the proj - Press, 1997, 24. ect appears to be formidable in some places, National

THE PUBLIC EYE 2 3 FALL 2012 The Public Eye DO WE HAVE TO BE “EQUAL” ?continued from page 2 of course, no sense of the larger systemic mother [who] could not ways in which we have failed to provide a care for them.” 9 The support system for single women, and phrase “could not care particularly poor women of color, so that for them” ignores a it becomes impossible to be able to raise a world of systemic con - child on one’s own. Even though three- ditions: the drug wars quarters of single mothers work, the major - do little more than ity of them are employed in low-paying increase criminalization retail or service industries, with few ben - in our poorest neigh - efits and taxing schedules. In addition, borhoods while, simul - the United States is the only top-tier indus - taneously, drug trialized nation which does not guarantee rehabilitation programs paid sick or vacation leave. 8 are being de-funded. The gay community demands the right The irony is that it’s to adopt children often without adequately judged desirable that considering how adoptive children come two men should adopt to gays and lesbians; the systemic problems such a large number of children, even den of responsibility for our well-being surrounding these children are erased. The though a slight dip in their fortunes could upon archaic and often meaningless kin - New York Times recounted the story of place all the children at risk, but the anony - ship formations. The progressive-left vision Matt and Ray Lees who have adopted mous Black woman is implicitly demo - to validate the normality of gay families eight children: two from Haiti, one as a nized as an addict and welfare queen. threatens to erase the harsh economic and baby, and five from a “drug-addicted In all this, there is also the erasure of non- racial inequalities upon which the modern traditional families, both LGBTQ and American family is built. We need to Dr. Yasmin Nair is a Chicago-based writer straight, which are on the rise in a coun - remember that resistance to the Right does and activist. Nair is a co-founder and try where fewer than 50 percent of people not mean giving up on the complicated member of the editorial collective Against marry, where divorce is increasing, and ways that queer and straight people have Equality. Her work has appeared in publi - where many children grow up quite com - fought to have our complex relationships— I cations lik e GLQ, The Progressive, and fortably with multiple sets of parents and ourselves—exist for their own sake. Bitch magazine. She is currently an inves - and/or caretakers who might not be related tigative reporter for the Windy City Times. to them by blood. We ought to be wary of the Right’s Endnotes scrutiny of our families, and we must assert 1 Dan Eggen & T.W. Farnam, “While GOP opposes mar - riage, key donors fund the other side,” Washington Post, the right of LGBTQ people to form fam - August 22, 2012; Sabrina Tavernise, “Adoption by Gay ilies. It is also worth noting that things are Couples Rise, Despite Barriers,” New York Times, June 14, INTERNS WANTED! not always black and white, as it were, and 2011. 2 that gays and lesbians are perfectly capa - Two Dads are Better than None blog. 3 Andrea Poe, “Obama Administration is Recruiting Gay The Public Eye ble of thoughtful, careful adoptions and and Lesbian Foster and Adoptive Parents,” Huffington Post, The Public Eye welcomes interns even trans-racial adoptions. We also have September 28, 2012. to join us in producing PRA’s to bear in mind that Black gays and lesbians 4 Michael A. Memoli and Kathleen Hennessey, “Obama declares support for same-sex marriage,” Los Angeles quarterly magazine . also adopt children, either from adoptive Times , May 9, 2012. and foster care agencies or from previous 5 Dorothy Roberts, Shattered Bonds (New York: Basic Political Research Associates and often heterosexual relationships. Civitas Books, 2002). the parent think tank of The But two daddies are not better than none 6 “Gay Adoption Ad,” ILGA. Public Eye, offers a research and, for that matter, no one needs to be a 7 Ron Claiborne and Hanna Siegel, “Transracial Adoption parent to be considered worthy of support. Can Provide a Loving Family and an Identity Struggle,” internship, and a communication ABC World News, March 3, 2010l; “Josh and Travis,” and development internship. We keep calling for the recognition and fos - It’s Conceivable, November 17, 2011. tering of families, but only in affective 8 Bryce Covert, The Rise and Downfall of the American To apply, just email a letter and ways, not through legislation that might Single Mother,” Forbes, July, 16, 2012. actually provide stable support. As a result, 9 Tavernise, “Adoption by Gay Couples Rise, Despite resume identifying the internship Barriers.” that interests you to we forget that the state ought to provide for [email protected] . resources for all, regardless of marital sta - tus and we allow the state to place the bur -

THE PUBLIC EYE 2 4 FALL 2012 The Public Eye ……Reports in Review…… FEATURED REPORT

“LGBT Acceptance and Support: The Hispanic Perspective” ing gay and lesbian couples to gain access to healthcare and pension By Social Science Research Solutions (SSRS), West Baltimore, PA benefits for their partners. The responses overwhelmingly showed strong and National Council of La Raza, Washington, D.C., April 2012. support for LGBTQ people to have access to a full range of legal and http://www.nclr.org/images/uploads/publications/LGBTAS_ economic rights and social services. HispanicPerspective.pdf Marriage equality polling results were more complex, and respon - After the demoralizing passage of Proposition 8 overturned same dents’ religion played a larger factor in shaping attitudes. The results sex marriage in California in 2008, those with a national platform laid were telling when people were asked whether they favored allowing gay this defeat for LGBTQ rights at the feet of racial minority commu - and lesbian couples to enter into legal agreements with each other that nities. Much of this chatter went uncontested, as major news outlets would afford them similar rights as married couples; allowing gay and asked mainstream LGBTQ groups (typi - lesbian couples to marry in your church or cally featuring White male spokespersons) religious institution; and allowing gay and as well as right-wing voices (often conser - Data showed a link between lesbian couples to marry legally: Slightly vative religious voices of color) to analyze more respondents supported LGBTQ rights African-American and Latino communi - those who did not favor marriage than the national average, including those ties’ perspectives on LGBTQ rights, religiously identified. Roman Catholics cementing ideas of intolerance. Rarely were equality and those who frequented showed more support for LGBTQ equality queer people of color or progressive clergy churches that spread anti-gay than Protestants. of color given opportunities to complicate While the report found that the large con - stereotypical notions or beliefs supposedly messages or lauded the “traditional cern over Latino homophobia was greatly held by these communities. family” as a moral model. exaggerated, there is cause for concern Today, mainstream commentary is within several sectors of the Latino com - finally catching up to public opinion. This munity, specifically at the cross section of reli - is, in part, due to comprehensive polling gion and sexuality. Intolerance increased research proving what many in marginalized communities already among respondents who expressed greater religiosity, and those who know—Latinos and African Americans are more supportive of a wide considered themselves “born again” or biblical literalists were among range of LGBTQ rights than what has been assumed and often care - those more intolerant of the queer community. One of SSRS’s most lessly discussed. More evidence comes from SSRS’s telephone poll of interesting discoveries was the link between participants who oppose Latinos, done in conjunction with La Raza, which found that “His - marriage equality and those who frequented churches or religious insti - panics are as open and tolerant, if not more tolerant, than the general tutions in which clergy shared anti-gay messages or touted the “tra - population.” ditional” family model as moral. Interviewers asked people a range of demographic questions Although the study does not directly consider the impact of queer including their country of origin, religious affiliation, experience Latino social justice activists, their voices have created important bridges with discrimination, and frequency of internet and social media within their communities and challenge the mainstream LGBTQ move - usage. A majority identified as being of Mexican heritage; and most ment’s analysis of and subsequent work in their communities. A key respondents identified as Roman Catholic. Questions on issues spe - takeaway from this study is the need for LGBTQ and heterosexual faith cific to the LGBTQ community included whether respondents leaders to ally and work with one another, making the moral case for favored giving gays and lesbians legal protection against job discrim - marriage equality in harmony with the larger queer movement. ination; allowing gays and lesbians to serve in the military; and allow - –Malika Redmond

Other Reports in Review Profit Over Public Safety? sentencingproject.org/detail/publication.cfm? 1) an overall lack of transparency and account - Dollars and Detainees: The Growth of publication_id=402 ability about the number and ownership of For-Profit Detention This report documents two key problems private-detention facilities by government By Cody Mason, The Sentencing Project, created as for-profit companies increasingly agencies and private companies; and 2) the Washington, D.C., July 2012. http://www. take over the business of immigrant detention: problematic results of a detention system that

THE PUBLIC EYE 2 5 FALL 2012 The Public Eye operates on a business model more interested And the companies spend to get it. Correc - from $7,000 to $25,000 to join. ALEC also in profits than public welfare. tions Corporation of America (CCA), one of acts as matchmaker, creating opportunities for In the last decade, the number of privately the two largest private prison companies in the companies to woo and influence the con - held Immigration and Customs Services America, spends four times more on federal servative state lawmakers who are also mem - (ICE) and U.S. Marshals Service (USMS) lobbying than it did a decade ago; private bers and submit the bills for votes back home. detainees increased far faster than those in prison companies give significant campaign The report walks readers through ALEC’s other privately held state or federal prisons. By contributions to state-level politicians involved Virtual Public School model bill from con - 2011, the report estimates 45 percent of ICE in promoting severe immigration legislation ceptualization to birth. In 2005, representa - detainees and 30 percent of USMS detainees that will lead to more undocumented immi - tives from K12 Inc. and Connections were in private prisons. Yet it is difficult to get grants being rounded up, including Arizona’s Academy—the virtual education industry’s a reliable count of these immigrant detention SB1070 and similar bills in Utah and Geor - two largest companies—collaborated with centers because a plethora of intermediaries gia. The report deserves serious consideration. state legislators in ALEC on bills allowing states and subcontractors run a complicated “web Is privatized detention, where “individuals are to contract with private companies to offer vir - of facilities” that are classified with unclear treated as commodities, and where profit, tual education as an alternative to public methods, and staffed by those who are either rather than public safety, is the bottom line,” schools. Since then, ALEC members have unable or unwilling to share data. really the type of justice system we want for sponsored this “model bill” in Mississippi, The report calls for greater transparency this country? Maine, , Massachusetts, Virginia, and oversight, and takes aim at the inherent –Alicia Steinmetz and Texas. In all of the states but Massachu - dangers of a privately run detention system. setts, this bill became law. The virtual educa - The report debunks claims that for-profit tion market is projected to grow by 43 percent companies are more efficient and cost-effec - between 2010 and 2015, and private com - tive at operating detention and incarceration panies can expect to reap enormous profits if services than the government. Rather than sig - states delegate this service to them. ALEC has nificantly reducing costs for governments In their reports, groups like already opened opportunities for corpora - and taxpayers, many studies show privately run tions to capture a large share of this market and facilities save no money or even cost more. In The Public Interest and promoted other legislation to open schools as More importantly, these companies often cut The Sentencing Project warn target markets for partner industries such as costs in order to ensure profits, which leads to beverages and snack foods. understaffing, poorly trained and/or com - readers about the dangers of The report similarly untangles how major pensated staff members, substandard health health insurance companies are now trying to care, and deplorable living conditions. privatizing public systems. profit from state Medicaid spending, and Because company profits rely on the num - ALEC’s involvement in the private prison ber of people imprisoned, contractors have an and detention industry. interest in keeping detainee populations high. In the Public Interest captures the extent to which ALEC has succeeded in its privati - zation mission, and reminds us that with increased privatization legislation, we could The Right’s Privatization Mission well lose control over public services and Help PRA and Profiting from Public Dollars: How ALEC weaken our democracy. To ensure private and Its Members Promote Privatization of interests do not usurp the public good, the The Public Eye Government Services and Assets report identifies four questions we should In The Public Interest, Washington, D.C., ask when we come across privatization legis - September 2012. http://www.inthepublicinter - lation: 1) Does the bill use language from Expose the Right! est.org/blog/new-report-profiting-public-dollars ALEC model legislation? 2) Who introduced This report documents the role of the or sponsored the bill? 3) What corporations Donate $30, $60, $100 right-wing American Legislative Exchange helped draft the legislation? and 4) What Council (ALEC) in state legislative bills to pri - interests would benefit or profit from this bill’s or whatever you can! vatize vital public services, with the aim of help - passage? Through practical information on ...... ing activists fight back. ALEC’s internal processes, In the Public Inter - Using case studies on education, health est equips social justice advocates to push Visit www.publiceye.org care, and prisons, the report shows how ALEC back against its corporate agenda. produces “model” bills that benefit its mem - –Will Tomasko ber corporations, which pay fees ranging

THE PUBLIC EYE 2 6 FALL 2012 The Public Eye Eyes RIGHT

WILL THE CHRISTIAN RIGHT can rally these two bases. So far, like the char - percent of men versus just 39 percent of OBJECT TO OBJECTIVISM? acters in his film, Aglialoro and his fellow women.” Uniting social conservatives and libertarians conservatives are left wondering, “Who is Currently, CWA and their “She Votes under one banner is no easy task. But John John Galt?” 2012” campaign is rolling out an extensive Aglialoro, a producer of the film “Atlas bus tour through major swing states, sport - Shrugged II,” has found the woman for the VOTING—IN HEELS ing a flashy style and impractical political job: Ayn Rand, Atlas Shrugged author and lit - agenda. Their mission may be divorced What’s a giant, lipstick-red stiletto doing at erary inspiration for his “Atlas Shrugged” Tril - from the lives of women facing a rapidly the Values Voter Summit? The annual Chris - ogy. Aglialoro argues that Rand’s objectivist increasing cost of living and inching job tian Right conference hardly seems the place philosophy—which has received more atten - growth—but, hey, at least they’ll grab the for this bold image, suggestive of female sex - tion since Rand-fan Paul Ryan’s addition to men’s attention. ual promiscuity. Yet right-wing group Con - the Republican presidential ticket—can cerned Women for America (CWA) has appeal to both groups with its emphasis on chosen this iconography for its “She Votes small government, individual rights, and 2012” project. CWA helps members “across capitalism. the country bring Biblical principles into all One can’t help wonder whether a woman levels of public policy,” and their advocacy who once stated that religion drives a follower Eye work centers on socially conservative issues, LASHES “to become an abject zombie” could ever really such as “traditional marriage,” “sanctity of be a figurehead for social conservatism. life,” and obscenity and pornography. So what While not socially liberal by today’s standards, explains the group’s contradicting imagery All that stuff I was Rand argued for government’s equal-treat - and mission? “ ment of LGBTQ individuals and defended taught about evolution When one considers a recent right-wing abortion as a “moral right—which should be trend, which embraces a kind of conservative and embryology and left to the sole discretion of the woman feminism within a deeply patriarchal polit - involved.” While the Bible points to money Big Bang theory, all that ical movement (take the popularity of former as the root of all evil, Rand argued that beauty pageant winner and vice presidential is lies from the pit of money represented the achievement and candidate , for example), use of productivity of the individual, objectivism’s hell...I don’t believe this imagery may be less of a paradox than it greatest virtue. Today, many who follow seems. Far from challenging the male-dom - the Earth’s but about Rand’s philosophy are pro-choice, pro- inated structure of right-wing politics, this LGBTQ rights—and atheists. 9,000 years old. trend allows for women’s entrance into the Even Aglialoro, an objectivist and self- ” political arena only if they are made non- – Rep. Paul Broun, who serves on the House described “liberal when it comes to sexual - Science, Space and Technology Committee threatening through use of images and behav - ity and drug laws,” seems to sense this ior that affirm traditional gender roles. What’s contradiction. In a recent interview, he said more, this brand of empowerment espoused that objectivists will “run to engage an align - by conservative women leaders of late, such ment with Christianity because we need our as Palin and presidential contender Rep. country back and we need to be friends and (MN-R), resonates more get this done.” Given this enthusiasm, per - with White male voters than with women. Keep PRA Healthy haps he is hoping for a marriage of conven - Eric Ostermeier, a political scientist at the ience with Rand rather than a love affair. Even DONATE NOW University of Minnesota, cites a recent poll so, Aglialoro can take comfort that he is that Bachmann received “the support of 56 among the many waiting for someone who www.publiceye.org

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