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The Past Repeats: Christian Right Turns to Nullification to Counter Marriage Equality

Kansas Governor Sam Brownback (R)

Kansas Governor Sam Brownback (R)

Last year in The Public Eye magazine, Rachel Tabachnick and Frank L. Cocozzelli warned of the trend on the religious and political Right toward the use of “nullification” as a means of resistance by states to federal laws of which they do not approve. So it should come as no surprise that we are now seeing Christian Right leaders turn to nullification tactics in an attempt to thwart the marriage equality ruling at the Supreme Court.

In Kansas, Republican Governor Sam Brownback has issued “EXECUTIVE ORDER 15-05: Preservation and Protection of Religious Freedom,” which seeks to indemnify anti-LGBTQ discrimination under the rubric of the state’s modified version of the federal Religious Freedom Restoration Act.

Brownback writes in the Order that  “the recent imposition of same sex marriage by the United States Supreme Court poses potential infringements on the civil right of religious liberty” and that, therefore, the state government shall not take  “action against a religious organization, including those providing social services, wholly or partially on the basis that such organization declines or will decline to solemnize any marriage or to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration or recognition of any marriage, based upon or consistent with a sincerely held religious belief or moral conviction…”

WHAT IS NULLIFICATION? Nullification refers to an attempt by a state, city, or municipal government to declare a law written by a higher governing body illegal and/or void within its jurisdiction. The idea of nullification gained notoriety during the civil rights movement, when Southern states attempted to declare federal civil rights laws nullified within their borders. These attempts are almost always unconstitutional. See more here: http://www.politicalresearch.org/2013/11/22/nullification-neo-confederates-and-the-revenge-of-the-old-right/

WHAT IS NULLIFICATION? Nullification refers to an attempt by a state, city, or municipal government to declare a law written by a higher governing body illegal and/or void within its jurisdiction. The idea of nullification gained notoriety during the civil rights movement, when Southern States attempted to declare federal civil rights laws nullified within their borders. These attempts are almost always unconstitutional. See more here: http://www.politicalresearch.org/2013/11/22/nullification-neo-confederates-and-the-revenge-of-the-old-right/

Thomas Witt, the executive director of Equality Kansas responded, saying “Our initial interpretation of this order is simple:  It’s one part scare tactics, one part ducking his constitutional responsibility.” He notes that the section of the Order stating that clergy will not be required to officiate at same-sex marriages is “nothing but political scare tactic.”

Brownback’s solution to a non-existent problem is, of course, consistent with the scare tactics against marriage equality being used elsewhere by Christian Right leaders.  In fact, no church or clergy has ever been required to solemnize any marriage of which they did not approve, including traditional heterosexual marriages.  This remains unchanged nationwide.

“The rest of the order,” Witt added, “is more problematic.”

“The plain language seems to suggest that religious organizations that have contracts to provide taxpayer-funded social services will be able to deny taxpayer-funded services to LGBT Kansans.  We are still having this analyzed by our attorneys, but if this proves to be the case, the Governor should be prepared to find himself on the losing end of more expensive litigation.”

Witt also points out that federally funded institutions like hospitals may not want to jeopardize their funding by invoking a religious freedom to discriminate, or allowing their employees to do so.

Also worthy of note is that Brownback is expanding the definition of sincerely held religious belief to “moral conviction.”  The plain meaning here is that one need not even offer the fig leaf of religious opposition, but merely claim a religiously denatured “moral conviction” of opposition to anything other than traditional marriage.

Governor Brownback told FRC president Tony Perkins (pictured)

Governor Brownback appeared on FRC president Tony Perkins’ (pictured) podcast to defend his attempt to nullify the Supreme Court’s decision on marriage equality.

The implication, Witt also notes, is that in light of the trend towards privatization of government services, state contractors and grantees for adoption services, foster care placement, and Medicaid will be allowed to discriminate. Witt and others also claim that cities and counties also contract with church-connected organizations “to provide low-income medical services, mental health services, nursing homes, homeless shelters, and domestic violence and human trafficking safe-houses,” and thus may also be afforded the right to discriminate. Witt says that by including the phrase “political subdivisions” in his order, the governor has “just declared himself the supreme ruler of every local school board, every state university, every community college, and every independent commission, hospital board, library board, township, city and county in our state.”

There is considerable initial dispute about whether the executive order extends that far (the governor belatedly said it does not). But if it does, the Order could conflict (among other things) with the anti-discrimination policies of major cities such as Lawrence and Topeka.

These are the kinds of legal tangles that are likely to continue to mark resistance to the implementation of marriage equality, whether or not the demagogues who take such actions expect them to succeed or not. Indeed, such political grandstanding is likely to make religious liberty a continuing issue in the 2016 election season.

The Kansas City Star reported that Brownback was interviewed by Tony Perkins of the Family Research Council on his regular podcast. Perkins, noted that “Brownback’s order was similar to one previously issued by Louisiana Gov. Bobby Jindal, a Republican candidate for president.”

Brownback told Perkins:

“[The Supreme Court’s decision in Obergefell v. Hodges] sent a shudder across the faith community across America, saying wait a minute, don’t we have religious liberty protections?”

“And what this, my effort here, is to express that yes, in the state of Kansas you’re not going to see the entities of state government used against your religious liberty protections when it comes to the issue of same-sex marriage,” Brownback said.

The governor said the issue needs to be front and center in the 2016 presidential election and warned that a “very fundamental right (is) being attacked in the United States.”

The partial nullification of federally guaranteed rights under the Equal Protection Clause of the Constitution and applied to the states via the Fourteenth Amendment, as articulated by the Supreme Court in the case of Obergefell v. Hodges, may be something we see more of in the next few years.  The court’s holding in the case was simple enough, “The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.”

But opponents want to nullify as much of the reach of the rights of same-sex married couples as they can get away with, using the excuse of (and redefined notion of) religious freedom to do so.  Many obstacles will be thrown in the way of full equality by the likes of Sam Brownback.

However, it is worth marking that Brownback was not so unwise as to actually use the word “nullification,” even though that is exactly what he did last year when he signed legislation limiting the reach of federal gun control in the state.  The term has an ugly history as a Supremacy Clause-violating justification for state resistance to federal court decisions requiring equal protection under the law for African Americans. Those stands were taken under the colors of the Confederate battle flag. While Confederate flags are coming down, the Confederate nullification philosophy for which they stood still stands.

Roy Moore & Ron Paul: The Politics of Secession, Nullification, and Marriage Equality

Roy Moore, the elected Chief Justice of the Alabama Supreme Court has been in the news lately for his efforts to block same sex marriage in the state—notwithstanding a federal judge’s ruling that Alabama’s anti-marriage equality law is unconstitutional.  Moore claims that federal courts, short of the U.S. Supreme Court, do not have the authority to interpret the Constitution against the laws and constitution of the state. Moore’s efforts are being discussed as nullification, and are even being compared to Gov. George Wallace’s attempt to prevent the integration of the Alabama public schools in the 1960s.

A slow motion showdown may be brewing over Moore’s notion of state sovereignty vs. the supremacy of federal law that extends beyond the matter at hand. Moore told Fox News Sunday that he does not recognize the authority of the federal courts regarding, among other things, marriage. If, as seems likely, the U.S. Supreme Court makes marriage equality the law of the land this term, he says he will “recuse” himself from matters involving same-sex marriage.  Contrary to some published reports, this does not mean he will defy the U.S. Supreme Court.  He knows that if he did so, he would be removed from the bench, just as he was a decade ago when he installed and refused to remove a monument to the Ten Commandments from the state courthouse in Montgomery – in defiance of a federal court order.  Moore is too wily to try that again.

Alabama Chief Justice Roy Moore

Alabama Chief Justice Roy Moore

At this writing, there is a lot of legal wrangling in both state and federal courts over the issuing of same-sex marriage licenses in Alabama.  Some counties are complying with the rulings and issuing licenses to couples, and some are not.

But looking beyond the current confusion, Moore has apparently decided to use his position to speak out about what he considers a creeping federal tyranny, while taking pains not to jeopardize his seat.

Taking a similar approach is Moore’s longtime ideological ally Michael Peroutka, (the one-time presidential candidate of the theocratic Constitution Party, and recently-elected Republican member of the Anne Arundel County 1)Maryland Council).  When the Council voted on a resolution to seek federal funding for public school programs, all members (both Democrats and Republicans) voted in favor, except for Peroutka who abstained. The Capital Gazette reported, “Peroutka said he took issue with federal money being sent to local schools because the Constitution does not give the federal government the authority to “be involved in any education at all.”

“Federal programs are driving the agenda here in our local schools,” Peroutka said. “They’re driving the agenda with a lot of money.””

Michael Peroutka

Michael Peroutka

All of this may portend a struggle that will play out differently than one might think. The situation may be more complicated than just the country generally, and the conservative South in particular, reaching acceptance of marriage equality.

Groups and individuals involved in the wider movements of the Christian Right and contemporary libertarianism, on which PRA has reported over the past two years, have advocated varying degrees of nullification and secession; and have envisioned vary degrees of political tension, violence and civil war. Peroutka and Moore may lack the votes in their respective governmental institutions for nullification over marriage and other issues, but they can be voices for building a movement which could one day be capable of carrying it out.

It is not clear yet how organized or capable the movement is currently, but it is worth noting that former Rep. Ron Paul (R-TX)  spoke at a gathering in January at the Mises Institute, in Auburn, Alabama, called “Breaking Away: The Case for Secession”.

“I would like to start off,” Paul declared, “by talking about the subject and the subject is secession and, uh, nullification, the breaking up of government, and the good news is it’s gonna happen.  It’s happening,”

Meanwhile, judge Moore and Peroutka seem to be taking the long view—but others are not.  Among these is another longtime Peroutka friend and ally, Michael Hill, head of the theocratic and White supremacist Alabama-based League of the South.  Peroutka, as PRA reported last year, was a member of the board of directors of the League for several months in 2014, before quietly leaving, apparently in preparation for his run for office. His membership in the League was a major issue in the campaign. Peroutka said he resigned his membership but did not renounce the League itself. After Peroutka won the election, Hill celebrated his friend’s victory.

Hill has called for the formation of death squads to kill American government officials and journalists, and for White men of all ages to become “citizen soldiers” in a great modern defense of archaic notions of Christendom.  He has as gone so far as to organize a paramilitary group.

Hill sees himself and his comrades as part of a long line of such “citizen soldiers,” invoking historic battles with Islamic armies going back to the Battle of Tours in the 8th century. His role models for warriors for Christendom, however, are the White Westerners who fought against Black liberation movements in Southern Africa in the 1970s.

“So if Western men in past times were willing to fight for their civilization in remote areas of the world,” he asked, “shouldn’t we expect them to be just as willing to fight for that civilization here at its very heart – the South? … The traditions and truths of Western Christendom are anathema to the [Obama] regime,” he concluded. “The tyrants’ regime and Western Christendom cannot coexist—that is not possible. One must win and the other must disappear. It is indeed the ultimate Zero Sum game.”

Michael Hill is treating the federal judge’s overturning of the “Sanctity of Marriage” amendment to the Alabama state constitution as the last straw. While the League says it supports judge Moore’s effort to defend the state constitution against the alleged federal tyranny, Hill declared that he no longer considers himself an American and called for violent secession of the South from “the American monstrosity.”

Hill also joined theologian Peter Leithart of Birmingham and prominent Christian Right political organizer David Lane, in explicitly declaring his opposition to “Americanism.”

“Yes, many of our citizens have, wittingly or unwittingly, embraced Americanism for either survival or profit,” Hill declared. “I have not, and I intend to convince my fellow Southerners to join my side. I do not intend to leave Alabama or the South… I intend to fight, and if necessary kill and die, for their survival, well-being, and independence.”

A Moscow – Montgomery Axis?

As it happens, the League has been receiving encouragement from elements in Russia, particularly some who support Ukrainian separatists. He addressed, via Skype, a red/brown conference of anti-globalism activists, in Moscow in December 2014.  Hill told the conference that he sees American southern nationalism as an “historic ‘blood and soil’ movement” – an overt reference to 20th century ultra-German nationalism and Naziism.

Hill reports that he also emphasized the League’s “direct Southern nationalist challenge to the political, economic, and financial engine of globalism – the Washington, DC/European Union alliance.”

While the League has been networking with separatist movements around the world for a long time, the relationship with and support for pro-Russian, Ukrainian separatists has been growing.  On his Facebook page last year, Hill cast the situation as a battle between the “decadent West,” meaning the U.S. and the European Union (EU), and supposedly traditionalist Russia—which he described as “conservative, Orthodox, anti-Muslim and anti-PC.”

“We Southerners, as Christian traditionalists,” he concluded, “ought to sympathize with those in Ukraine who would object to closer ties with the USA-EU regimes simply because of what they now stand for: multiculturalism, tolerance, and diversity; anti-Christian policies from abortion to homosexuality; open borders and the demographic displacement of native Whites; an aggressive foreign policy, including war, in the name of spreading liberal democracy. On the other hand, Russia today stands against such things.”

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Previewing the Next Anti-Marriage Equality Manifesto

Top leaders of the Christian Right plan to issue a fresh manifesto against marriage equality in March.  It may be the defining document for the anti-marriage equality forces in the run up to the legal show down at the Supreme Court this summer (not to mention the 2016 presidential elections). It is certainly an advance in the evolving alliance between conservative Catholics and conservative evangelicals—and a remarkable expression of their fears about the survival of Christendom as they see it.

David Gibson of Religion News Service, who received an advance copy of the manifesto, reports that it “reads like a declaration of war,” and that it claims “that a faithful Christian witness cannot accommodate itself to same-sex marriage.”  What’s more, “it suggests that believers who accept gay marriage are no longer fully Christian.”

The manifesto, entitled The Two Shall Become One Flesh:  Reclaiming Marriage, has been signed by several dozen Christian Right leaders so far, and will be published in the March issue of the neoconservative magazine First Things, which provided copies to selected reporters.

“If the truth about marriage can be displaced by social and political pressure operating through the law, other truths can be set aside as well,” the signers of the manifesto warn.  This, they assert, can lead “to the coercion and persecution of those who refuse to acknowledge the state’s redefinition of marriage… ”

Evangelical signers of the statement reportedly include megachurch pastor Rick Warren; Timothy George, dean of Beeson Divinity School at Samford University; Mark Galli, editor of the evangelical magazine Christianity Today; and Daniel Akin, president of Southeastern Baptist Theological Seminary.  Catholic signers include Robert P. George, chairman emeritus of the National Organization for Marriage;  longtime NBC News “Vatican analyst,” George Weigel; and prominent anti-marriage equality activist Maggie Gallagher.

Some of these leaders have been threatening civil disobedience over abortion, marriage equality, and religious liberty since at least the publication of the 2009 Manhattan Declaration.  In the Declaration, the culture-warring leaders of both the U.S. Conference of Catholic Bishops and of conservative evangelicalism threatened massive civil disobedience if they didn’t get their way.

Just before the Supreme Court’s decision in the case of Hobby Lobby v. Burwell in 2014, Rick Warren told a Southern Baptist Convention (SBC) gathering that the fight for religious liberty might bring persecution.  He warned that this may require personal sacrifices.  “And,” he declared, invoking Martin Luther King, Jr., “[this] may take some pastors going to jail. I’m in. I willingly said it, I’m in.”

Megachurch pastor David Platt of Alabama added, “I hear Pastor Rick say, ‘I’m in,’ and I’m with you. And I want to raise up an army, an entire body of members that says, ‘I’m in,’ who are in regardless of what happens in this case.”

While Warren and Platt claimed that they were willing to go to jail for their notions of religious freedom, SBC official Russell Moore said, “I’m doing everything we can to keep out us out of jail, but there is one thing worse than going to jail.  And that is staying out of jail and sacrificing the Gospel of Jesus Christ.”

But for all the big talk over the years, the published quotes from The Two Shall Become One Flesh: Reclaiming Marriage suggests a group of leaders on the eve of a major battle they are about to lose—trying to rally themselves and their followers for the rest of the war.

They remind themselves of their professed “obligation to speak the truth in love,” and express regret for “injustices against those who experience same-sex attraction.”  But their words also drip with scorn for those who do not share their views. Compared with divorce and cohabitation, they claim that “so-called same-sex marriage is a graver threat” to the institution of marriage.  They complain that it is “a parody of marriage” that not only “distorts the Gospel” but “threatens the common good.”

They also complain that “those who refuse to conform are regarded as irrational bigots.”

Perhaps they doth protest too much.

In any case, this group insists that any accommodation of marriage equality violates their religious freedom—for which they have repeatedly indicated that they are willing to fight. How far they are willing to go remains to be seen.

Christian Right Undermines Marriage Equality With Religious Supremacism

This article is a part of PRA fellow Fred Clarkson's ongoing column on religious liberty for LGBTQ Nation

This article is a part of PRA fellow Fred Clarkson’s ongoing column on religious liberty for LGBTQ Nation

As Dr. Martin Luther King, Jr., once said, “The arc of the moral universe is long, but it bends toward justice.” That vision of history’s progression has been well illustrated by the past year’s landslide of advances for marriage equality.  And as we move closer to a more just society, the nature of the opposition is revealed in the nature of the backlash.

The Christian Right has been operating on multiple fronts to stop—or at least limit—the scope of the advance of marriage equality, including seeking to enable business owners, civil workers, and elected officials to openly discriminate against LGBTQ couples by co-opting the progressive principle of religious liberty.   The most dramatic example of this is in Mississippi, where recently passed Religious Freedom Restoration Act authorizes just such discrimination by businesses—and is being challenged in federal court.

As the case proceeds, we may hear more about one of the most remarkable marriage equality victories in the landslide of federal court victories this year. General Synod of the United Church of Christ v. Cooper.

The United Church of Christ, whose origins go back to Plymouth Rock, won a stunning victory for both marriage equality and religious liberty when they overturned North Carolina’s ban on same-sex marriage. The federal judge ruled (PDF) that the state could not criminalize the role of clergy in solemnizing the same-sex unions of members of their congregations. “It is clear,” U.S. District Court Judge Max Cogburn declared, “ … that North Carolina laws … threatening to penalize those who would solemnize such marriages, are unconstitutional.”

Judge Cogburn’s ruling underscores that religious liberty is only possible in the context of religious pluralism—in which all religious and non-religious points of view have equal standing under the law. It also helps to clarify that when Christian Right leaders talk about religious liberty—they often really mean theocratic religious supremacism.

Tony Perkins, president of the Family Research Council, took to the airwaves after the filing of UCC’s suit to claim that the church is not really Christian, and that those who support gay rights don’t have the same rights as conservative Christians—because ‘true religious freedom’ only applies to ‘orthodox religious viewpoints.’”

FRC head Tony Perkins

FRC head Tony Perkins

Perkins’ blunt statements are a sobering reminder that theocratic factions of the U.S. Right have long sought to regain the religious and political hegemony they lost when the Constitution was ratified in the 18th century.  The arc of the moral universe is not bending their way, and demagogues like Perkins are abusing the idea of religious liberty to beat down people with whom they religiously and politically disagree.

Let’s take a moment, then, to hear what advocates for religious liberty and pluralism actually sound like.

“We didn’t bring this lawsuit to make others conform to our beliefs, but to vindicate the right of all faiths to freely exercise their religious practices,” said Donald C. Clark Jr., general counsel of the United Church of Christ.

“The historic wins for marriage equality and our willingness to seek justice through the courts,” said president Michael D. Castle of the Alliance of Baptists, “not only places us as a leading witness for justice, but also allows the Alliance of Baptists to offer a powerful and prophetic witness to a Christian faith where love always trumps fear, and where the welcome of Jesus always trumps hate and archaic religious dogma.

The Alliance of Baptists—progressives who fled the fundamentalist takeover of the Southern Baptist Convention in the ‘80s— and the Central Conference of American Rabbis signed onto the UCC suit as co-plaintiffs, along with a number of individual clergy from a variety of religious traditions.

“Depriving rabbis of the freedom to conduct same-sex marriage ceremonies in North Carolina,” Rabbi Steven Fox, Chief Executive of the Conference stated, “stigmatizes our religious beliefs and relegates many of our congregants and community members to second-class status.”

“There is no more central tenet to our faith,” added Fox and several other Reform rabbis in the wake of the Windsor decision of the Supreme Court last year, “than the notion that all human beings are created in the image of the Divine, and, as such, entitled to equal treatment and equal opportunity… Thanks to the Court’s decision, the federal government will now recognize these marriages as well, while still respecting the rights and views of those faith traditions that choose not to sanctify such marriages.

No one speaks for all of Christianity, let alone all people of faith. But there are certainly authentic spokespeople for religious liberty. Let’s not allow the Christian Right to drown them out or shout them down.

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Anti-Gay Gatekeepers of the NFL: The NY Giants’ David Tyree Controversy

The New York Giants’ hiring of former player David Tyree as the director of player development has resulted in controversy and a statement from the Human Rights Campaign (HRC). The controversy stems from a 2011 interview with the National Organization for Marriage (NOM), in which Tyree said that gay marriage would lead to anarchy and lawlessness.  In another interview, he stated that he would trade his 2008 Super Bowl catch if it would stop marriage equality, and he’s also indicated that he believes in reparative therapy. The Giants’ general manager has defended Tyree, stating that the team did due diligence before hiring him for the job, in which he will mentor young players in their off-the-field life, including business interests.  But it’s Tyree’s own mentors and business associates that will likely lead to more controversy for the NFL team and to further questions about Tyree’s claim this past week that his views have evolved.

Tyree’s mentors, and at least one business partner, are apostles in a network of modern-day, self-declared (or, in their view, God-ordained) “apostles” and “prophets.” An invitation-only list of prominent apostles, the International Coalition of Apostles, has included Tyree’s mentor and co-author, Apostle Kimberly Daniels, and his business partner, Apostle Frank Duprée.  They maximize their impact through loose relational networks in a religio-political movement that has been dubbed the New Apostolic Reformation (NAR).

The apostles and prophets of this network aren’t your garden-variety homophobes; they are on the cutting edge of activism and incitement against gay rights in the U.S., Africa, Eastern Europe, and Latin America.

Following his miraculous Super Bowl catch, Tyree co-authored an autobiographical book with Daniels, whose son Michael Jennings has also played for several NFL teams, including the Giants. Daniels is also a mentor to other players on the NY Giants and Jacksonville Jaguars and was reportedly invited by the Jaguars to lead a Bible study for the team.

Tyree describes Daniels as his “spiritual mother” and the person who prophesied his role, over the phone, on the evening prior to the Giants’ 2008 Super Bowl win. In the New Apostolic world of modern-day apostles and prophets, one’s spiritual father or mother not only acts as a mentor but also provides spiritual authority and protection.  Tyree’s spiritual mother is nationally known as “the demon buster,” a specialist in expelling what are supposed to be literal demons and in “healing” homosexuals. Tyree claims that he himself has been possessed by a demon that caused him to exhibit symptoms of mental illness and to spend four days in a psychiatric hospital.

Like other NAR apostles and prophets, Daniels and Duprée promote the concept of the “Seven Mountains Mandate,” or the belief that Christians should take “dominion” over the seven power centers of society and government.  The sports industry falls under the categories of the entertainment, media, and business mountains, areas aggressively targeted by NAR leaders. In her book of spiritual warfare prayers, Daniels describes “gatekeepers of the sports industry” as being “strategically set in place for prophetic evangelism throughout the industry.”

The Demon Buster

In her dual role as an apostle and prophetess, Daniels has served on the Apostolic Council of Prophetic Elders.  This group meets to make prophetic declarations about the future and has included such figures as Harry Jackson Jr., Cindy Jacobs, Sarah Palin’s mentor Mary Glazier, and Lou Engle.  Engle is known for co-founding TheCall events, used in 2008 to promote Proposition Eight in California and as a platform for supporters of the “Kill the Gays” bill in Uganda in 2010.

HILC_RollCall (1) (1)Kimberly Daniels and Harry Jackson Jr. spearheaded the fight against the Hate Crimes Prevention Act in 2007 by targeting African American churches and pastors with claims that the bill was part of a homosexual “satanic agenda” to muzzle and perhaps even imprison pastors.  Their efforts included full-page newspaper ads (pictured left) in D.C. featuring Jackson and Daniels in the top photos of the left column. Jackson has been described in a report by  Americans United for Separation of Church and State as “point man for the wedge strategy” of “using attacks on gay rights and abortion as a wedge between African American churchgoers and their political allies in the civil rights and progressive communities.”  This strategy was revealed in a NOM document leaked in 2012, describing a plan “to drive a wedge between gays and blacks – two key Democratic constituencies.”

Daniels and Jackson were interviewed on a popular evangelical show on Daystar TV, alongside their fellow “comrade in war” Cindy Jacobs, about their opposition to the hate crimes bill. The six-minute video (embedded below) jumps from the interview to short individual clips of Daniels, Jackson, Jacobs, and also Lou Engle and Che Ahn, in a documentation of their homophobic language and false claims that the hate crimes bill would result in the jailing of pastors for preaching against homosexuality from the pulpit. The compilation of clips was produced by Bruce Wilson, now with TWOCARE, when Daniels was running (and won) a city council seat in Jacksonville, Florida in 2011.

The video also includes short excerpts from a sermon in which Daniels embraces slavery as a Christianizing influence and claims that “Jews own everything.” It reveals glimpses of her brand of the prosperity doctrine, or the belief that God rewards those of proper faith with health and wealth.

Although Daniels won her city council seat as a Democrat, she authored an article in Charisma magazine in 2008 calling for black Christians to vote against Barack Obama.  Daniels is featured regularly in Charisma, which provides a forum for her claims that demons can be ingested by eating Halloween candy. Daniels has written numerous books, including one with a foreword by Diana Hagee, wife of controversial televangelist John Hagee, and another filled with prayers for use in repelling and expelling demons in all kinds of situations.

The spiritual warfare prayers in her book Prayers that Bring Change fall under headings such as “Prayer for Hollywood Entertainers” and “Prayer for Professional Athletes.”  The following are a few selected excerpts:

  • “I pray against all forms of perversion, sex, lust, and homosexuality that are sweeping through the Hollywood industry and professional athletics.”
  • “I bind the spirit of lesbianism, whoredom, and strange women and displace it with the anointing of the virtuous woman.  I command the gay men to become straight and the unfaithful brothers to repent and become mighty men of valor.”
  • “I renounce the witchcraft that comes with homosexuality/lesbianism.”
  • “Bless all the men and women who stand before the world as gatekeepers of the sports industry.”
  • “I pray that salvation will be made known to the people of Israel who do not believe the Messiah has come.”
  • “I break the control of all forms of ancient religions, philosophy, astronomy, divination, Buddhism, Islam, Hinduism, new age, and any other power that these secret organizations draw power and strength from.”

David Tyree also references his close relationship with Apostle Ardell Daniels, Kimberly Daniels husband.  Ardell Daniels is one of founding board members of the Oak Initiative, a religio-political organization fighting against a perceived Marxist/Homosexual/Islamic coalition.  In 2010, the Oak Initiative produced a short video titled “Marxism in America” featuring another board member, retired Lt. Gen. William Boykin, who claims in the video that the nation is in the grips of a Marxist takeover.

Apostle Frank Dupree

dupree and tyree (1)As recently as 2013, Transformation Newark magazine featured a double-page advertisement for David Tyree and Frank Duprée’s joint venture marketing health supplements, powders, and drinks for the Northeast region of Impax World products.  The ad, as seen, capitalizes on Tyree’s fame and his book authored with Kimberly Daniels.

Frank Duprée hosts a "solemn assembly" in Newark's City Hall in 2001, keynoted by Apostle John Kelly.  Kelly is now international head of the ICAL and Apostle Joseph Mattera is the U.S. overseer.

Frank Duprée hosts a “solemn assembly” in Newark’s City Hall in 2001, keynoted by Apostle John Kelly. Kelly is now international head of the ICAL and Apostle Joseph Mattera is the U.S. overseer.

Apostle Frank Duprée is also well connected in regional and national networks.  “Bishop Duprée,” as he is also called, is one of the founders of Transformation Newark and the Metro Apostolic Network in New Jersey and New York, with branches in Pakistan and Kenya. The Metro Apostolic Network council includes Apostle Joseph Mattera, recently named U.S. head of the International Coalition of Apostles. (The ICA also recently changed its name to the International Coalition of Apostolic Leaders or ICAL.)  The ICAL is forming national networks of apostles in countries around the world.

Gatekeepers in the Sports Industry

Giant’s coach Tom Coughlin has described the position of director of player development, for which Tyree has been hired, as extremely important in football franchises. In Coughlin’s words, the job is to aid players in “their development as young men, the opportunities in the business world and in networking in the city that they happen to be playing in.”  Tyree certainly has access to extensive and very interesting networks in the New York and New Jersey area.  He has repeatedly voiced his willingness to use his access and position to advance his worldview. Now, he can be one of those strategically placed “gatekeepers in the sports industry.”

According to the introduction to his autobiography, Tyree left a letter in each of his teammates’ lockers in September 2007. In the letter, he described himself as called by God to be a spiritual leader to remove the team out from under a “spiritual dark cloud.”  He wrote that God wanted to do great things with the team, but that it required faith in the Lord in order to win the championship.  He issued an invitation to the “First Team Fellowship/Bible Study” at his house.

Tyree continues the introduction by admitting that not many of his teammates took him up on his offer, but he still describes the Giants’ victory as “A Supernatural Bowl” (also the title of a chapter in the book).  The book includes a “Hall of Faith” of NFL players who also believe in a supernatural component to football, and that the faith required to tap into that supernatural power must be shared with their teammates.  A football-style prosperity doctrine is described in detail by Tyree and Daniels in the closing chapters of the book.

In his 2011 interview with NOM, Tyree said that athletes and believers who are in positions to do so should voice their opposition to gay marriage.  He added that believers are doing God an injustice if they don’t “make his heart known to the country.” “It’s not about establishing a theocracy,” Tyree continued. “It’s about what’s right.”

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Marriage Equality Comes to New Mexico

new mexico

New Mexico has become the 17th U.S. state to approve marriage equality, and the first state in the Southwest United States to do so. The New Mexico Supreme Court has ruled “the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them rights, protections, and responsibilities that derive from civil marriage under New Mexico law.” The Court declared that denying same-sex couples the right to marry violated the Equal Protection clause of the New Mexico constitution. The ruling means that all of New Mexico’s county clerks must begin issuing marriage licenses to same-sex couples immediately.

New Mexico was a unique case in that it was the only state in the country that had no law of any kind dealing with same-sex marriage. State statutes contained references to “husband” and “wife,” and included a marriage license application that has a section for male and female applicants, but not male and male or female and female. This implicit endorsement of opposite-sex marriages only was been used to deny same-sex marriage licenses.

The Democrat-controlled legislature has previously turned down legislation allowing for marriage equality, as well as a constitutional amendment that would have allowed voters to decide whether to legalize gay marriage. Until this year, all efforts to legalize or ban same-sex marriage had failed in equal measure.

In August, 2013, a Dona Ana County Clerk independently decided to begin issuing marriage licenses to same-sex couples. Several other counties followed suit, and on August 29, New Mexico’s county clerks voted unanimously to ask the New Mexico Supreme Court to rule on the legality of same-sex marriage in the state. 2013 was also the first year marriage equality saw a majority of support among the populace.

During the proceedings, marriage equality opponents claimed in court that the state had a legitimate governmental interest in “responsible procreation and childrearing.” The court rejected this argument, stating that this alleged interest “is not reflected in the history of the development of New Mexico’s marriage laws. Procreation has never been a condition of marriage under New Mexico law, as evidenced by the fact that aged, infertile, and those who choose not to have children are not precluded from marrying. In addition, New Mexico law recognizes the right of same-gender couples to raise children.”

The Court’s decision states that the purpose of marriage, regardless of gender, is to “bring stability and order to the legal relationship of committed couples by defining their rights and responsibilities as to one another, their children if they choose to raise children together, and their property.” The decision also mentions how transgender people may be subject to the same kind of discrimination this ruling is supposed to protect against.

The State Supreme Court’s ruling was unanimous.

Profiles on the Right: The Knights of Columbus

Knights of Columbus

The Knights of Columbus, founded in 1882, is the largest Catholic fraternity with over 1.8 million members. It was created in-part to provide affordable life insurance for Catholics, but the organization also focuses on policy issues, including a “pro-life” stance and a steadfast opposition to marriage equality. The Knights of Columbus are part of the “establishment,” with members including House Speaker John Boehner, former Governor Jeb Bush and Justice Samuel Alito. President John F. Kennedy was also a member. While this organization’s concerns are much broader than abortion and equal marriage, its financial heft campaigning on these topics is substantial.

The Knights of Columbus, in their own name, have chosen to celebrate an individual who committed many atrocities against the Native Americans he encountered. The lobbying of the Knights was instrumental in ensuring national recognition of Columbus Day, a holiday that is controversial today. The Knights are also largely responsible for the introduction of the phrase “under god” into the Pledge of Allegiance in the 1950s, the removal of which is still is being attempted.

Their most transparent campaign is their attempts to deny women their own bodily autonomy, both through aiding widely denounced “crisis pregnancy centers” which feed women false or misleading information about their options, or funding other anti-choice groups. This is not a new phenomenon, a 1989 report documented possible misuse of bingo proceeds in supporting anti-choice groups in Wisconsin. A 1992 New York Times article documents a plan to construct a “tomb of the unborn child” in every diocese in the country. Knights of Columbus groups at all levels are campaigning for legislation to limit access to abortion, and they are very open about their campaigning, with a “culture of life” umbrella constituting one of their three stated “Public Policy Issues.”

In contrast, their campaign against equal marriage is given reduced publicity, to the point that a report researching their funding of anti-LGBTQ efforts had to examine their IRS filings, as opposed to a convenient profile outlined on their website. The report, by Equally Blessed, a coalition of four Catholic organization supporting LGBTQ people, highlights their funding against marriage equality in 12 states, including roughly $1.9 million to the National Organization for Marriage (NOM: PRA Profile here). During the campaign over Proposition 8 in California, the Knights of Columbus donated around $1 million to the Yes on 8 campaign.

The Knights of Columbus have responded to that report by suggesting that their spending against equal marriage is only a small proportion of their total spending. While they spent $1 billion during the timeframe the report examined, “only” $15.8 million went towards anti-LGBTQ efforts. From disaster relief, to helping fund the Special Olympics, the Knights of Next ProfileColumbus are in many cases a charitable force for good. Nevertheless, their massive and continued efforts against the rights of women and LGBTQ individuals far overcasts any goodwill they may have hoped to earn.

ISSUE BRIEF: This Month In LGBTQ Justice

Every Friday, PRA brings you a monthly update on a different social justice issue. This week, we are recapping the last month in LGBTQ Justice.

Ecuador’s “Gay Addiction” Clinics Continue Torturous Practices
On November 7th, the Union and Hope Clinic in Pisuli, Ecuador was raided by police. The clinic is one of many in Ecuador that deals with “gay addiction,” and uses rape and torture as clinical tools to “cure” people of homosexuality. Seven people were arrested after the police found patients in “inhumane conditions.” The seventeen people rescued from the clinic adds to the approximately 500 people who have been freed from such clinics this past year. Carina Vance Mafla, Ecuador’s openly lesbian health minister, has vowed to work with LGBTQ organizations to shut down these clinics. The Health Ministry has already ordered the closure of 30 clinics, although many have already re-opened under different names. An article published recently in the Sunday Times focuses on the practice of kidnapping people, with parental consent, to be sent to these clinics to be “cured” of homosexuality.

Suggestive Pants Amount to Homophobic Act In Lithuania
A recent survey shows that Lithuanians have become less tolerant of homosexuals, and more tolerant of their homophobic neighbors in Russia. Recently, Petras Grazulis, a member of the Law and Order Party in Lithuania who is known for his anti-gay views, personally delivered a pair of pants with a zipper on the rear to the Lithuania Gay League (LGL). LGL members had been taking part in a European Union conference on hate crimes in Vilnius, and it appears that Grazulis’s actions were in response to this. Back in May 2012, Gazulis crashed an LGBTQ rights event and declared that all gays should leave the country, asking, “How are homosexuals better than necrophiliacs or pedophiles?” Grazulis’s actions can be seen as part of a greater trend towards homophobia and transphobia in Lithuanian politics. In December the Lithuanina parliament is slated to consider five separate anti-gay and anti-trans bills, including a ban on gender reassignment and a legislation legalizing hate crimes against LGBTQ people.

ENDA Loses Momentum in the U.S. House

John Boehner currently sees “no need or no basis” for ENDA.

While the Senate passed the Employment Non Discrimination Act (ENDA) on November 7, progress on the legislation has hit a wall in the House.   LGBTQ rights advocates have been pushing for an executive order to prohibit federal contractors from engaging in anti-LGBTQ discrimination. The White House has been withholding with the order, citing the need for Congress to act. While an executive order would not be be as comprehensive as ENDA, it would protect as many as 16 million workers while the legislation stalls in the House. Meanwhile, House Speaker John Boehner (R-OH) has said he sees “no need or basis” for ENDA, and is refusing to bring the legislation to the floor for a vote. In response to Boehner’s dismissal of ENDA’s necessity, LGBTQ advocates cite the plurality of states in the U.S. where there is no law in place prohibiting anti-LGBTQ discrimination. Currently, 22 states have statutes that explicitly prohibit sexual orientation-based employment discrimination. Eighteen states have gender identity and anti-discrimination laws in place. A recent study by the U.S. Government Accountability Office shows that there are relatively few discrimination complaints in states with such laws.

Fenway Institute to Host Webinar on Transgender Health
The National LGBT Health Education Center at the Fenway Institute will host a webinar entitled “Transgender Medical Care: Advanced Case Discussion” on December 10 from 3-4 pm EST. Their website was launched in 2012 as part of LGBT Awareness Month, and provides educational programs, resources, and consultation to health care organizations with the goal of optimizing quality, cost-effective health care for LGBT people. All webinars are available on-demand.

NOM’s 990 Reveals They Finished 2012 $2.7M In the Red
A recently released 990 tax form reveals the the National Organization for Marriage (NOM) finished 2012 $2.7 million in the red (although Maggie Gallagher is still somehow pulling $160K from them). Some people have seen the 990 as an indicator that NOM can no longer profit from their anti-LGBT agenda. NOM and the Far Right may be losing the battle to define marriage in this country, but there are other wells for them to draw from in the LGBT community, and NOM seems to be aware of this. The Supreme Court struck down a key section of DOMA and invalidated California’s Prop 8, but NOM has recently joined the fight against a bill signed by California Gov. Jerry Brown that allows students to define their gender for themselves, choose which restroom they want to use, and decide whether they wish to play on male- or female-gendered sports teams. NOM may have had a rough year in 2012, but if the fight for transgender rights turns out to be NOM’s newest cash cow, 2014 could see their anti-LGBT agenda become lucrative again.

World Congress of Families Hosts Discussion on Family Policy Abroad
The anti-gay World Congress of Families (WCF) hosted a discussion in Washington, D.C. on “What America Should Learn” from family policy abroad. The meeting was originally intended to be held in a Senate meeting room, but Sen. Mark Kirk (R-IL) withdrew his sponsorship after an outcry from LGBT activists. House Speaker John Boehner then provided the group with a meeting space. During the discussion, the WCF touched on the subject of encouraging the growth of grassroots conservative movements in France, Spain, and Nigeria. Much of the discussion, however, centered on how the U.S. media has “distorted” the Russian anti-propaganda law. “They are trying to build a pro-family movement in Russia, and we’re working with them,” said Allen Carlson, founder and international secretary of WCF. The World Family of Congress is an organization that has become infamous for both exporting conservative ideologies from the U.S. as well as brining conservative ideals and strategies back into the country. The group will be holding their 2014 summit in Moscow.

Scott Lively Has A “Theory” About the Anti-Gay Violence In Russia
While on “Mission America”, Linda Harvey’s radio show, Scott Lively espoused his theory on the true nature of the anti-gay violence in Russia. Lively is claiming that the widely seen (thanks to YouTube) violence against LGBT people in Russia is actually to “gay-on-gay crime”. Lively alleged, “The guys that are beating up gays in Russia—and it’s not any more prevalent than it ever has been really and it isn’t all that prevalent at all—but the ones that are doing it are butch homosexuals who are beating up effeminate homosexuals.” Lively, known for his work exporting homophobia to Uganda, has recently turned his attention to Russia (perhaps because he is on trial for crimes against humanity in Uganda). In October, he participated in a planning meeting for WCF’s 2014 conference in Moscow.

Harry Reid Says Mormon Views On LGBT Rights “Evolving”
Senate Majority Leader Harry Reid (D-NV) said that members of his faith, the Church of Jesus Christ of Latter-day Saints (Mormon Church), are evolving their views on LGBT rights, citing recent support of church members for ENDA.  While it may be true that members of the church are evolving their views, recent news of the Church itself, the body that governs LDS members, shows little sign of change. The Church has continually told its members that it is their duty to oppose gay marriage, saying that “unlike other organizations that can change their policies and even their doctrines, our policies are determined by the truths God has declared told to be unchangeable.” One of the Church’s highest leaders, Russell M. Nelson, recently said, “Marriage between a man and a woman is God’s pattern for a fullness of life on Earth and in heaven. God’s marriage pattern cannot be abused, misunderstood or misconstrued.” While it is encouraging that members of the church may be changing their views on LGBT rights, the Church itself, which yields a great deal of financial and ideological influence in U.S. government, continues to oppose marriage equality. In Hawaii, before marriage equality was passed earlier this month, the Mormon Church lobbied extensively against the law.

Being Gay Now Grounds For Asylum in European Union
The EU’s top court, the European Court of Justice, ruled this month that being gay is now grounds for asylum. LGBT people fearing imprisonment in their home countries will now have grounds for seeking asylum in any of the 28 EU member states. The case in question centered on three gay men from Sierra Leone, Uganda, and Senegal who had unsuccessfully fought to be given refugee status in the Netherlands. The Dutch Council of State asked whether homosexuals could be considered a “particular social group”, since under international law a particular social group with a well-founded fear of persecution can claim refugee status if the persecution amounts to a severe violation of human rights. The Court ruled existence of laws imprisoning gay people “may constitute an act of persecution”, although the mere existence of a ban on homosexuality is not grounds in itself for seeking an asylum request.

This Past Month Has Been Big For Marriage Equality

http://www.freedomtomarry.org/states/

In slightly less than a month, three states have passed marriage equality. On October 21, LGBT New Jerseyans began to marry at midnight. Just hours later, Gov. Chris Christie announced his plans to drop his appeal of the law. On November 13, in Hawaii, Gov. Neil Abercrombie signed a marriage equality law after a Special Session during which legislators discussed why marriage equality matters to same-sex couples and their families. LGBT people in Hawaii will begin to marry on December 2. Finally, on November 20, in Illinois, Gov. Pat McQuin signed the freedom to marry law after it was approved earlier this year by the State House and Senate. LGBT couples will begin marrying there in June, 2014. As of right now, 16 states and the District of Columbia have legalized marriage equality, with over 38% of the U.S. population living in these states. It also seems possible that the high court in New Mexico may rule in favor of marriage equality by the end of the year, although some state Republicans are already creating a plan to strike back by pursuing a statewide constitutional referendum to ban the unions.

Right Wing Messaging on Marriage Equality Continues to Evolve

As we watched New Jersey, Illinois, and Hawaii become the 14th, 15th, and 16th states to embrace marriage equality in the last 30 days, it’s worth taking a look back at how the U.S. Right Wing has continued to evolve their messaging around marriage. As equality pushes forward step by step, the Right—particularly the Christian Right—is continually refining their talking points in order to slow down the inevitable.

As recently as the mid 90s—I know it seems forever ago, but 20 years really isn’t that long—marriage for same-sex couples was virtually unthinkable. Now, the needle couldn’t be moving faster, and equal marriage is seeing success after success in the courts, legislative bodies, and even at the ballot box. But each success comes on the heels of countless defeats by an incredible skilled Right Wing PR machine, who have spent decades learning how best to counter human rights. Understanding their tactics, and how their messaging strategies evolve and where they come from is crucial to the LGBTQ movement’s future.

Click the image to read the full report

Click the image to read the full report

In January, 2013, David Dodge authored a report for Political Research Associates called The Right’s Marriage Message: Talking Tolerance, Marketing Inequality. The report culls lessons from how the Right has waged successful electoral campaigns in the past in order for LGBTQ rights groups to extend and defend their gains. In particular, the report tracks the effective media campaigns run by opponents of LGBTQ rights, such as the National Organization for Marriage (NOM), groups aligned with the Family Research Council (FRC), and Right-Wing spin masters such as Frank Schubert.  

Perhaps the most significant point of the report is the evolution of the Right from blatant homophobic campaigns claiming that “gays are evil who will pervert your children,” and the Anita Bryant-style ads claiming that “accepting gays will lead to bestiality,” to the softer nuance of today’s lines of “we just want to protect our religious freedom.” The arguments are the same, but in the world of politics tonality and language choice is everything.

Being able to effectively counter the Right’s arguments is a massively simpler task if you understand the origins of their arguments, and are able to strip their messaging down to its foundation of misconceptions and intolerance.

Here are some of the great takeaways Dodge highlights in his report, as he highlights advertising used by the Right from 1998 to May of 2012:

  • In states where they enjoy a large base of support, anti-LGBTQ advocates aired conservative Christian-oriented media describing the deep roots of traditional marriage between a man and a woman that is under threat. Seventy-five percent of the ads tracked used this argument.
  • They reached moderate voters with advertising focused on the supposed harm to children that will occur if pro-LGBTQ ballot measures pass – particularly from the teaching of LGBTQ issues in schools. The California LGBTQ rights group Vote For Equality found this to be a potent argument for its opposition. Forty-eight percent of all media reviewed had this theme.
  • Forty-two percent of the ads warned of elites like judges or powerful people from outside the state seeking to advance a “gay agenda” against the will of the people, resonating with existing Right-Wing populist arguments.
  • In ten percent of the ads, the Right relays stories of Christians as “victims” suffering from religious persecution as same-sex marriage becomes legal.
  • Twenty percent of the anti-LGBTQ media reviewed prominently features people of color, and were largely aired in California, Arizona, and Oregon. They tended to use arguments about “defending traditional marriage.”