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The Supreme Court and the Gay Issue

 

Rabbi David Eidensohn - 1/15/06

The January, 2006, Senate confirmation hearings for Judge Alito has focused attention on the role of the judiciary in our lives. After the Gay Lobby was thoroughly repudiated in the elections of 2004, a gay activist announced, "We lost at the polls, but we will win with the judiciary." Democrats suffered at the polls, and now have less influence on the judiciary. Conservatives such as Judge Alito may indeed tip the Supreme Court to the right. What, however, about the boast of the gay activist that the judiciary will benefit gays and not family-value people?

The boast is not an idle one, for a simple reason. The Gay Lobby was never defeated at the polls. It lost heavily when it took two steps forward and audaciously demanded recognition of Gay Marriage. However, the Gay Lobby itself has never taken two steps backward. It lost with Gay Marriage, but in other areas, it is doing fine. Year by year, it gets what it wants. This trend is not likely to diminish. It will not diminish, that is, until people wake up and realize what is happening. The strength of the Gay Lobby and achieving its goals is rooted in the ignorance of the majority of Americans who don't want a Gay-lobby country. But not knowing what the Gay Lobby wants and what the Gay Lobby is doing, people, inadvertently, assist, with their silence and ignorance, the Gay Lobby in forging forward.

The Gay Lobby is  brilliant, but achieving its goals at the very time that its enemies think they are winning is surely one of its greatest political triumphs. The Gay Lobby, year after year,  grinds its opposition into the ground, as we will detail here. And yet, even as they are run over and defeated, the conservative element smiles and congratulates itself. This is an unmitigated disaster. Until family people realize the extent of their defeats, and that they are being defeated more every year, they will never rally to defend themselves. If things keep up like this, no conservative judge on the Supreme Court will make much of a difference.

The Gay Lobby achieved very early on its most cherished desire, to be treated on a different plane than ordinary Americans. When American laws afflict the lifestyle of gays, they simply get liberals and ignorant conservatives to write into law that they are different, and that is that. For instance, right after the beginning of the Gay Movement, in the seventies and eighties, America suffered from a plague of AIDS and HIV, promoted by the homosexuals and their sexual lifestyle. Not only did the gays refuse to stop infecting other people, but they got New York State and other Gay Lobby states to make laws protecting their right to infect and kill other people. These HIV Confidentiality Laws permitted the explosion of AIDS and HIV, until New York State spends fortunes for its HIV and AIDS population, because it has passed laws prohibiting the government from stopping the epidemic. As one gay activist put it, in a case relating to gay pornography, "We are who we are." Leave us alone. We are going to live our style, even if it is illegal and dangerous for other people, because we are gay and privileged. This achievement, in the eighties, has never been reversed. Even today, AIDS and HIV are not on the official infectious disease list of New York State, and incredibly enough, nobody knows it, and nobody cares. In such a climate, the gays are unstoppable.

What other group of people could infect 100,000 people in one state and make the state pay for it, while forcing the state to stay away from those who spread the epidemic, because of Gay Rights? That is what happens in New York State. The money drains away the strength of the state, and its fiscal resources, not to mention its health.

We have now an entire generation of people suffering from New York State's laws, and has anyone done anything about it? How many cases have reached the Supreme Court, the Senate, the Congress, and the politicians in New York, both Democrat and Republican, liberal and conservative, who ignore the issue? Nobody cares. This is a stunning triumph for the Gay Lobby, one perhaps unequalled in the history of the world, where an entire population surrenders its health and money to people who infect others and make an expensive epidemic.

Recently, the State of Maine, after years of failure to do so, passed a Gay Rights Bill. Here, in the passing of Gay Rights Bills, we see the Gay Lobby in full-throated triumph. Again, it is not something people recognize as such. Those who vote for Gay Rights Bills, those who support them, such as many family-value clergy, out of respect for a minority, do not realize what they are doing. What is so terrible about giving someone the right to work, dwell, and behave when he doesn't really affect anyone else? This, again, is a political toure de force of the Gay Lobby. Passing of Gay Rights Bills is not only a mighty triumph for gays; it ultimately threatens all whose religion proscribes homosexuality or who believe in the bible.

 Essentially, every minority civil rights bill violates the Constitution. For instance, I am a barber, and a minority person comes into my barbershop. I refuse to cut the man's hair. A Civil Rights Law requires me to do so. As George Wallace pointed out, this is involuntary servitude, plain and simple. The state forces me to cut somebody's hair. Or, let us say I have a business, and decide I enjoy associating with my own kind. I don't want minorities or people who are different. The Constitution allows me the freedom to associate with my own kind. A Civil Rights Law, however, forbids me to refuse a job to a minority. How can this be done constitutionally? The trick is to declare that the rights and success of a minority is a compelling state interest. The state, in other words, cannot really survive without a thriving minority. Once the law is passed, the state has accepted upon itself the welfare of a minority as a compelling state interest that outweighs all constitutional rights such as the freedom of association, even the freedom of religion and speech. That is, the state may proscribe "hate speech" directed at a minority. There is no exemption for religious values. Thus, one teaching the biblical view of homosexuality, that it is an abomination, may be liable for hate speech crimes.

Once we define a religion as hate in defiance of a state compelling interest, it is a small step to declare the religion as being outside the "commonality of morality" of Americans, defined by the state as a morality supporting gay rights. This can lead to canceling the tax exemption of the religion, and to hounding it in other governmental capacities, such as denying it privileges accorded to charitable groups.

Watching the Senate Hearings about Supreme Court justices is surely valuable, if you want to know how conservative the court will be. But a conservative court can do nothing against  a state law that declares a compelling state interest. The trend to seek relief from anti-gay "bigotry" has been basically won in the states, and is now moving into the federal legislative branch. The Supreme Court can do nothing once these laws are passed.

Throughout much of the Western world, gay rights severely restricts the voice of biblical religions. Things will only get worse. The only hope is for a new civil rights movement, declaring that biblical religion and true family values are compelling state interests. We might also add, if it is not considered too radical, that protecting the health of people from AIDS and HIV is also a compelling state interest. The Gay Lobby would never allow it. When will we learn from it how to fight for what we are, and what we believe?