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Religion Put on the Stand

by Andy Pugno - General Counsel on January 20th, 2010



Today, the legal challenge to Prop 8 took an ugly turn as religion itself was put on trial. Plaintiffs’ witness Gary Segura, a Stanford University political science professor with expertise in the area of the political power of minorities including homosexuals, summed it up when he said “religion is the chief obstacle for gays’ and lesbians’ political progress.”

In trying to make the case that homosexuals are a vulnerable minority with no ability to achieve and secure success in the political system for their interests, Professor Segura blamed hostility, political opposition and even violence towards gays and lesbians on the teachings of major religious denominations. He further testified that there is no more powerful organization in the United States – save the government – than the church. Particular scrutiny was given to the official religious doctrines of the Catholic Church and Southern Baptists about marriage, family and sexual relationships. Therefore, according to his logic, gays and lesbians must be given special legal protection by the U.S. Constitution against religion itself.

If it weren’t such a serious and troubling matter, their line of attack against people of faith would be laughable. To suggest that the people of California cannot consider their own political, moral and religious views when casting their vote on Prop 8 is preposterous. Every election, many issues are presented to voters that involve moral issues, including stem-cell research, the treatment of animals, assisted suicide, the death penalty, health care reform and so on.

In any event, religion has taken the stage, front and center, in the battle over the constitutionality of Prop 8, and is being portrayed as an illegitimate basis for supporting traditional marriage. Religious bigotry surely found expression in today’s presentation by the plaintiffs.

The trial testimony also swerved way into “irrelevant” territory today when plaintiffs called to the stand a young man who was, as a child, forced by his Christian parents to undergo conversion therapy by a therapist because of his sexual attraction to men. No matter that this witness has never resided in California, was wholly unfamiliar with the Prop 8 campaign, was not a willing participant in his conversion therapy, and emancipated himself from his parents as a minor. What the personal experience of a person from Colorado who experienced a deeply troubled family life has to do with the constitutionality of Prop 8 is beyond me. What is clear is that today, however, the plaintiffs put the role of religion clearly in their sights and are likely to fire away at the legitimacy of religious and moral views, as well as the votes and voices of those who hold them.

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