Manna for the Journey Vol 1 No 3

Manna for the Journey Vol 1 No 3

1

3

1986

Winter

VOL 1, NO.3 0 JOURNAL OF THE RECONCILING CONGREGATION PROGRAM 0 WINTER 1986
INSIDE THIS ISSUE:
A
Christian's Case for Civil Rights
..............
6
by Arthur Flemming
Discrimination: A Series of Three Articles
Loss of Housing and Employment . . . . . . . . . .
..
8
by Tim Tyner and Robert HoH
Loss of Parenting Rights. . . . . . . . . . . . . . . . . . .
..
9
by Rosalie Davies
Abuse and Violence .
.......... ..............
11
by Paul Vandenberg and Kevin Berrill
~
The Reconciling Congregation Program is a network of United Methodist local churches who publicly affirm th ir mini try with the whole family of God and who welcome lesbians and gay men into their community. In thi network, Reconciling Congregations find strength and support as they strive to overcome the divisions caused by prejudice and homophobia in our church and in our society. These congregations strive to offer the hope that the church can be a reconciled community.
To enable local churches to engage in these ministries. the program provides resource materials, including Manna for the Journey. Enablers are available locally to assi t a congregation which is seeking to become a Reconciling Congregation.
Information about the program can be obtained by writing:
Reconciling Congregation
Program
P.O. Box 24213
Nashville, TN 37202
Manna for the Journey is published by Affirmation: United Methodists for Lesbian and Gay Concerns as a resource for the Reconciling Congregation Program. It seeks to address concerns of lesbians and gay men as they relate to the ministry of the church.
Contributing to This Issue Kevin Berrill Beth Richardson Mark Bowman Bradley Rymph
Rosalie Davies Tim Tyner Arthur Flemming Paul Vandenberg Morris Floyd Ralph Watkins
Mary Gaddis Steven Webster Robert Holt Fronda Woods Lloyd Lewis William Oliver Graphic Designer Rebecca Parker Brenda Roth
Manna for the Journey is published four times a year. Subscription is $10 for four issues. Single copies are available for $3 each. PermiSSion to reprint is granted upon request. Reprints of certain articles are available as indicated in the issue. Subscriptions and correspondence should be sent to:
Manna for the Journey
P.O. Box 23636
Washington, D.C. 20026
Copyright 1986 by Affirmation: United Methodists for Lesbian and Gay Concerns.
VOL I, NO. 3 0 JOURNAL OF THE RECONCILING CONGREGATION PROGRAM 0 WINTER 1986
Contents
This edition of Manna for the Journey explores issues relating to lesbian and gay civil rights. Religious publications of recent years have covered the relationship between lesbians/gay men and the church, but have seldom dealt with the status of lesbians and gay men in society.
The discrimination faced by lesbians and gay men in our society is presented in three articles: "Abuse and Violence" (p. 11) by Paul Vandenberg and Kevin Berrill; "Loss ofParenting Rights" (p. 9) by Rosalie Davies; and "Loss ofHousing and Employment" (p. 8) by Tim Tyner and Robert Holt.
Two case studies analyze particular lesbian/gay civil rights initiatives with an eye toward church involvement. In "Justice in Wisconsin " (p. 20) Steven Earl Webster recounts the passage of the Wisconsin state law in 1982. William Oliver tells of the 1985 referendum which repealed the city of Houston's civil rights ordinance in "Backlash in Houston" (p. 22).
Arthur S. Flemming, the well-known civil rights activist, reminds people of faith of their impetus to speak out on the civil rights of all persons in ':A Christian's Case for Civil Rights" (p. 6). To define the arenas in which people of faith can be engaged, Fronda Woods presents "The National Agenda for Lesbian/Gay Civil Rights" (p. 14) and Ralph Watkins provides some practical guidance for 'Involving the Church at the Local Level" (p. 16).
"Rights in Question" (p.12) by Morris Floyd looks at the impact of the AIDS epidemic on lesbian and gay civil rights. An anonymous author offers a reflection on "Linking Racism, Sexism, and Homophobia."(p. 5).
This issue also provides a partial listing of national organizations, books, and articles on lesbian/gay civil rights in Resources (p. 24). "In Praise of Wisdom" is the theme of a reading and prayer by Rebecca Parker in Sustaining the Spirit (p. 19). Parker is the pastor of Wallingford U.M. Church in Seattle, Washington. The RCP Report (p. 3 ) introduces new Reconciling Congregations and reports on two annual conferences who have given support to the Reconciling Congregation Program (RCP).
We trust that this issue will stimulate your awareness of the marginalized status of lesbians and gay men in our society and catalyze church involvement in the civil rights struggles of all persons. Shalom.
~
OF ..----R riCE
2/Manila jar [he JowlIey ISSN 0884-8327
The building houses a senior citizen's
housing costs. The church is working
Introducing
program and was the site of a Head
on developing co-ops by obtaining
Reconciling Congregations
Start program for several years. The
housing from the city.
In the first two issues ofManna for
congregation gives financial support
Park Slope has a threefold prothe
Journey, we presented brief profiles
to several community programs for
gram focus. First, there is a focus on
of twelve Reconciling Congregations.
low-income families and has been
the natural growth of the self and
Here are three more congregations who
active in programs serving Washingdevelopment
of persons. Members
have recently joined the program. A
ton's homeless population. Bet Mishare
learning the discipline of meditacomplete
list of Reconciling Contion.
Second, there is a concern, for
pachah, a lesbian and gay synagregations
is given below.
gogue, shares the church building.
society, for justice and freedom for
all persons. Park Slope is a support
The Gay Men's Chorus of WashUMC/
University-Madison, WI
church for the sanctuary movement,
ington also uses the building for
University Church has a conis
a nuclear-free zone, and is active
some rehearsals.
gregation of 150 members. It is a
in South African issues. Third, the
campus church with a congregation
congregation is committed to protect
comprised of students, faculty, and
and learn about the natural world.
Annual Conference-Level
staff of the University of Wisconsin,
The sun, the moon, and the earth are
Activities
Madison, as well as many people
seen as instruments of God's creaTwo
annual conferences of the
tion. The congregation holds equinox
from around the city. University
United Methodist Church have, in
UMC is an urban-style church with
and solstice celebrations in the church
some way, extended their official
a variety of ages.
gardens.
support to the Reconciling ConFounded
in 1913 in a residential
The pastor of Park Slope, A
gregation Program. We note them
area, the congregation has always
Finley Schaef, is a former pastor of
briefly here:
been active in the "social gospel"
Washington Square. One of Paul
movement. It started the second
Abels' predecessors, he was the pasRocky
Mountain Annual Conference
Wesley Foundation in the nation.
tor to open Washington Square to
In the fall of 1984, the ReconcilThe
programs of University UMC
gay liberation groups in the late
ing Congregation Program was apare
diverse. Since it has a large build1960s.
proved by the conference Council on
ing, space is provided for community
Park Slope first began examining
Ministries. A cover letter written by
groups such as the Madison Ecugay/
lesbian issues a year ago when a
the conference lay leader was sent
menical Urban Ministries and the
congregation of the Metropolitan
with information about the RCP to
Gay/Lesbian Resource Center. The
Community Church approached the
each church's pastor, lay leader, and
congregation is involved in hunger
church to request rental of facilities.
United Methodist Women chairperissues
and supports the sanctuary
son. The letter recommended the
UMC/Christ-Washington, DC
movement. University UMC has a
program to the local church for
Christ Church is a relatively new
good choir and continues to sponsor
consideration.
congregation. It was founded just
an active Wesley Foundation.
Currently, two or three conover
20 years ago when two dwinUniversity
UMC first became
gregations are considering the prodling
congregations in Washington
involved in lesbian/gay issues in
gram.
were merged and relocated to a vast
1974, when Steve Webster, an openly
California-Nevada
new community being developed
gay member, sought a license to
Annual Conference
through an urban-renewal project in
preach. A growing number of gay
Last June, the California-Nevada
southwest DC. Through ministries
men and lesbians have become
with residents of this new comAnnual
Conference passed a resoluinvolved
in the church. Currently,
tion in support of the Reconciling
munity, Christ Church has grown
one-half of new members joining are
Congregation Program (see the full
into a racially mixed congregation
gay or lesbian.
text of this resolution and a resoluwith
about 225 members.
UMC/Park Slope-Brooklyn, NY
Worship and community life are
tion on AIDS listed in Mannafor the
Journey, vol. 1, no. 2). This resolution
focal points of the congregation. A
Park Slope Church is a congregastrong
music program supports the
was brought to the annual contion
of 175 members, located in a
ference by the conference Board of
Sunday morning worship. A Black
middle/working class neighborhood
Church and Society, which had
Heritage celebration each February
of Brooklyn, NY. The membership is
is one highlight of the worship life.
approved the resolution with no
racially mixed, though preIn
addition, several small support
abstentions or "no" votes.
dominately white. Housing issues
The ease with which the resolugroups
meet monthly for nurture
are of primary concern to the conand
fellowship.
tion was approved (it was approved
gregation as its neighborhood has
by consensus with no real dissent in
become involved in a tremendous
The congregation is engaged in
several ministries in its community.
real estate upheaval with soaring
(continued on next page)
MOllllo for the JOlll1/ey / J
the body of annual conference delegates) was a result of several years of hard work by the conference's Homophobia Task Force and other advocates for gay men and lesbians in the UMC. For eight years, those persons have worked with all levels of the church-from local church to annual conference-to be more inclusive of gay men and lesbians.
We celebrate the labor and love of these two conferences and their ministries to and with lesbians and gay men.
Upcoming Special Events
-"AIDS and the Ministry of the Church, " a conference/seminar to be held Saturday, March 22, at the New York Annual Conference Center in ' White Plains, NY. It is sponsored by the conference Board ofChurch and Society and is being planned primarily by folks from Washington Square UMC and consultants.
-"Spirituality and Homosexual Persons: A Dialogue Conference, " being held February 28-March 1 in Lincoln, NE. It is sponsored by several groups, including the Nebraska Conference Board of Church and Society. One of the workshops will be on the Reconciling Congregation Program.
Manna for the Journey Notes
We again express our appreciation to all ofyou who have supported our efforts with this journal by writing, subscribing, and sharing Manna for the Journey with friends and family members. After our first two issues we are about halfway to our target of 1,000 subscriptions at the end of our first year. We invite your continued support. Particularly we welcome letters with comments on the issues produced to date so that we can share your comments with other readers.
Themes for upcoming issues of the journal have been planned. They are:
SPRING 1986-Family-related Concerns SUMMER 1986-Denominational Policies and Ordination FALL 1986-"Healing" Ministries WINTER 1987-Homophobia/ Heterosexism SPRING 1988-Spirituality and Sexuality
We welcome your suggestions for articles and writers for these issues and suggestions for themes for other issues. Ifyou would be interested in writing for one of these issues, please let us know.
Affirmation Celebrates 10th Anniversary
Sixty folks gathered in Evanston, IL on September 20-22 for the biannual meeting ofAffirmation: United Methodists for Lesbia~ and Gay Concerns. The gathering was held at Wheadon United Methodist Church, a Reconciling Congregation. Persons were also present from other Reconciling Congregations: Bethany (San Francisco), Edgehill (Nashville), St. Paul's (Denver), University (Madison), Wallingford (Seattle), and Christ (Washington).
This meeting was significant because the first gathering of Affirmation took place 10 years prior in the
same local church. Sharing the oral history of the events of the past ten years in the life of Affirmation was an important part of the weekend. Affirmation folks in Chicago prepared a gala dinner dance on Saturday evening to cap the festivities.
The weekend closed with a shared Sunday morning worship with members ofWheadon and Affirmation. A dialogue sermon was preached by Ginny Hilton, a United Methodist pastor from Albany, CA, and a parent of a gay man, and Paul Abels, former pastor of Washington Square UMC. Special music was presented by a choir of Affirmation members. With the sanctuary overflowing with people, the community celebrated in song and prayer, and shared hopes and dreams for the coming fullness of the reign of God's justice. Those were two hours of inspiring and energizing worship!
The next national meeting of Affirmation will be held April 4-6, 1986, in Seattle, WA
Reconciling Congregations
Bethany UMC Sl Paul's UMC c/o Christine E. Shiber c/o George Christie 1268 Sanchez Street 1615 Ogden Street San Francisco. CA 94114 Denver. CO 80218
Calvary UMC Sunnyhills UMC c/o Chip Coffman c/o Martha Chow 815 S. 48th Street 335 Dixon Road Philadelphia. PA 19143 Milpitas. CA 95035
Capitol Hill UMC University UMC c/o Pat Dougherty c/o Steven Webster 128 Sixteenth Street East 1127 University Avenue Seattle. WA 981 12 Madison. WI 5371 5
Central UMC Wallingford UMC c/o Howard Abts c/o Chuck Richards 701 West Central at 2115 N. 42nd Street
Scottwood Seattle. WA 98103 Toledo. OH 4361 0
Washington Square UMC Christ UMC c/o Cathie Lyons & c/o Bea Judge Ed Weaver 4th and Eye Streets. S.W. 135 W. 4th Street Washington. D.C. 20024 New York. NY 10012
Edgehill UMC Wesley UMC c/o Hoyt Hickman c/o Warren Russell 1502 Edgehill Avenue 1343 E. Barstow Avenue Nashville. TN 37212 Fresno. CA 93710
Park Slope UMC Wheadon U.M.C. c/o A. Finley Schaef c/o Carol Larson 6th Avenue & 8th Street 2212 Ridge Avenue Brooklyn. NY 11215 Evanston. IL 60201
Sl John's UMC c/o Howard Nash 2705 St. Paul Street Baltimore. MD 21218
4/ Malllla for {III! JOlll71ey
Linking§i;laci)m, ~C!xi)m,
and-liOmophobia
The writer ofthis article is a gay black man who is also a United Methodist pastor. His anonymity is needed to protect his employment.
There are those who contend that to speak of the rights of lesbians and gay men as one speaks of the ~ivilrights ofethnic minorities and women is a false comparison. Race and sex, they maintain, are "Godgiven," "natural" states of being, conditions over which one has no choice. Ethnic minorities and women, therefore, should enjoy equal access to all that society has to offer. Such is not the case, so the argument goes, with same-sex orientation, since in the "natural" order ofcreation, it is a given that males and females were made to be attracted only to each other and that to defy that basic order is a matter of choice.
The truth, however, is that no one really knows how or why people are homosexual or heterosexual. It is reasonably clear, however, that homosexual orientation cannot be reduced to any specific combination of social factors. It appears across the species in the created order and reappears in all human societies, conditions, and socioeconomic and racial groupings. Homosexuality has existed at least for as long as any anthropological record has been kept, and the orientation, contrary to popular belief, is virtually unchangeable.
This being the case, it is necessary to talk about how lesbians and gay men share oppression with blacks and other persons ofcolor and with women. Lesbians and gay men, like ethnic minorities and women, frequently have their existences denied or devalued because of their difference from the societal norm. They, too, are a specific "kind" of people who share certain things among themselves distinguished from others in society. In the case of lesbians and gay men, it is their sexuality. Dr. James Tinney, a noted theologian and journalist at Howard University, maintains that this distinction is related to the physical being (i.e., their bodies) of lesbians and gay men-thus, the commonality with persons of color and with women. (Of course, some homosexual persons are persons of color and women, also.)
Society then discriminates against lesbians and gay men because of a difference that is as biophysical as being female or part of an ethnic minority. Whatever it is that leads to same-sex orientation, it is almost certainly is as intrinsic to the being of gay men and lesbians as heterosexuality is to so-called straight people, gender is to women, and color is to ethnic minorities.
Lesbians and gay men, like persons of color in the United States, are discriminated against partly because they are fewer in number. Because they do not represent the societal "norm," they are excluded from the mainstream ofthe receiving and delivery ofsocietal goods. But the discrimination against lesbians and gay men-and persons of color-is not due simply to their minority status. They, along with women (who are not a numerical minority), are disproportionately excluded from institutional politics, responsibility, and power.
One result is a lack ofprotection from harassment. In San Francisco, former city Supervisor Dan White after killing gay Supervisor Harvey Milk, as well as Mayor George Moscone, was convicted only of a relatively minor charge and received a light sentence, in part because trial jurors accepted the defense's argument that junk food had made White unresponsible for his actions. Members of the Klan suffer relatively small punitive action for their atrocities against blacks, Jews, and Catholics. Women still feel forced to band together in "Take Back the Night" actions merely to maintain their right to walk down the streets after dark without fear of being accosted.
A systematic denial of the history and culture of all three groups has left the debilitating, psychological scar of invisibility both in the minds of society and within the groups themselves. This is part ofthe reason gay men and lesbians, ethnic minorities, and women traditionally have not exploited their potential. They have often absorbed the negativity projected on them by the dominant culture-amounting to a great extent to the ultimate oppression, self-deval uation.
Some things could be said about the way in which these groups differ from each other. For some, the differences could be explained simply in terms of what it means to be male or female, gay or straight, white or ethnic minority-if there is anything simple about any of those forms of existence. But the differences do not outweigh the similarities, and the need is great for these groups to be constantly aware of the things they do share in common. Lesbians and gay men, ethnic minorities, and women must form alliances so that they are not constantly pitted against one another in the race to get the meager slice of goods so often reluctantly dished out to them.
The message is clear: sexism, racism, and homophobia derive from the same imperialistic chauvinism. If one scratches a sexist deep enough, racism appears, and vice-versa. The solutions to these groups' problems cannot be worked out separately, one at a time. The problems associated with each are so inextricably linked to the other that most have to be worked on simultaneously. Otherwise, one bigotry will merely be exchanged for another, and none ofus will be able to enjoy the Kingdom that Jesus promises is right in our midst.
After all, no one is God's stepchild; no one is a pauper groveling at the feet of a dispassionate royalty begging leftovers. One friend often reminded me, "Honey, God's storehouse is full." We are all children of the one Creator. In the grand economy of things divine, we are all necessary to the survival not only of society but of the species itself.
Malllw./or the Joumey / 5
In 1954, the U.S. Supreme Court unanimously found in Brown v. Board ofEducation that segregated schools are "inherently unequal."
Such a segregated system denies some children and young people equal access to their community's educational resources and, thereby, the opportunity to achieve their highest possibilities. Since Brown, some strong civil rights law have been enacted. In addition, the Supreme Court and the lower federal courts have enforced these laws through their decisions.
The question that has confronted our nation is this: Do we have the commitment and capability to implement these laws and court decisions in a manner that opens up opportunities for those who have been and still are the victims of discrimination? On this question, the jury is still out.
The jury's eventual verdict will depend on the willingness of our people to implement the commandment that lies at the center of our JudeoChristian teachings-"Thou shalt love thy neighbor as thyself." Those who turn aside from opportunities to further human and civil rights violate this commandment.
Forty years ago, I read a sermon preached by Leslie Weatherhead, then the pastor of City Temple, in London, England, that was based on this commandment. In that sermon, which has been of tremendous help to me as I have confronted issues in the area of social justice, Dr. Weatherhead pointed out that this commandment does not place upon us an obligation to "like" our neighbor. "Liking" is something that cannot be compelled. It must come from within. He also pointed out that the commandment does not require us to approve of everything that our neighbor says or does.
The commandment does, however, according to Dr. Weatherhead, place upon us a common responsibility "to adopt a sustained determination to show unbreakable good will in order that the best qualities in our neighbor may be called forth." Personally, I have found it helpful to summarize our common responsibility in this manner: to never pass up an opportunity to help our neighbor achieve her or his highest possibilities.
And who is our neighbor? Jesus answered the question by telling how a Samaritan responded to the needs of a traditional enemy. It is clear that our neighbor is anyone whom circumstance makes it possible for us to befriend. Sometimes we have an opportunity to help someone with whom we come into contact to realize her or his highest possibilities. At other times, we have as citizens the opportunity to support public policies-such as those in the area of civil rights-that open up such opportunities for our neighbors. If we tum aside from either type of opportunity, we violate the commandment to love our neighbors as ourselves, and our violation means that one person or many persons will continue to stand on the outside of the doors of opportunity.
We have learned that, once a nation such as ours
begins to implement civil rights laws and court decisions, the status quo is disturbed. This, of course, is what we wanted when the civil rights movement began. We were dissatisfied with the discriminatory practices that characterized our nation. That is why we asked Congress to pass civil rights laws. That is why we turned to the courts for relief.
But some persons have a stake in the status quo. Sometimes the stake is economic; sometimes, emotional. Whatever the reason, however, they want to maintain things the way they are. They want to do everything they can to slow or prevent implementation of civil rights laws and court decisions.
Out of this desire has emerged the regressive movement in the field of civil rights. This movement has a well-defined strategy: to do everything possible to weaken or eliminate the methods that must be employed to implement civil rights laws and court decisions. This strategy has had the support of the executive branch of the federal government for the past five years.
For example, concerted efforts have been made to undermine the implementation of federal court plans to desegregate public schools by reassigning students and providing transportation where necessary. In spite of these efforts, however, the nation has continued to move forward in implementing Brown v. Board ofEducation. The rate of progress has been slowed, but in hundreds of communities children and young persons have been provided with educational opportunities that otherwise would have been denied them. In addition, desegregation has set forces in motion that have reduced tensions and healed
6 / Manna for the Journey
wounds throughout communities.
Of course, some desegregation plans have worked better than others. Some have made greater strides than others in the directions of meaningful integration and the improvement of the quality of education. On balance, however, desegregation has served the nation very well, opening doors of opportunity.
To take another example, concerted efforts have been made to prevent the implementation of affirmative action plans calling for inclusion of goals and timetables in the area of equal employment. Such plans simply represent a decision on the part of both public and private administrators to include equal employment opportunities as one of their management objectives and then to use the tools of administration to make sure that employment opportunities are opened for the victims of discrimination.
An essential tool in reaching any management objective is establishing goals and timetables for reaching those goals. Then, agreement must be reached on the component parts of an action program designed to reach the goal. Assignments must be made of duties and responsibilities to implement the action program. At the same time, it must be clear that those who carry out their assignments will be rewarded and those who do not will be penalized.
Public and private employers have successfully used these tools in developing their affirmative action plans in the area of employment. They have opened up opportunities for the victims of discrimination. It is clear that those who have opened the doors of opportunity have been responding affirmatively to the commandment to love one's neighbor as oneself.
Nevertheless, affirmative action plans in the area of employment are under attack by the same regressive forces that attempt to undermine school desegregation. Usually these attacks are based on an expressed concern for the welfare of one segment of society-the white male. Such attacks ignore the fact that other persons, because they belong to different groups, collectively suffer discrimination, wrongs that pervade our nation's social, political, economic, and ideological landscape. The only way in which these "group wrongs" can be dealt with effectively is by developing and implementing affirmative action plans. It is true that affirmative action plans can be developed in ways that discriminate against those who do not belong to a traditionally wronged group, This happens very rarely, however, and when it has happened, the courts have recognized it and protected those persons' rights-including the white male's.
The fact remains that affirmative action plans in the field of employment provide employers, both public and private, with a means to open the doors of opportunity to members of groups that have been and still are the victims of discrimination solely because they are members of these groups. Many public and private employers have responded to this moral imperative. They have testified to the genuine satisfaction that comes from opening these doors and to the contributions that the implementation of these programs have made to the strengthening of their own programs.
In the areas of both education and employment, a great deal remains to be done. The number of persons suffering from discrimination still runs into the millions. We have demonstrated, however, that something can be done about it. People out at the grassroots will continue to insist that we move forward.
Similar progress has been made in the area of voting rights. Here again, a great deal remains to be done. In the field of housing, the progress has not been as marked as in the other areas. We have a great deal of unfinished business to handle before the goal of "fair housing" becomes more than a distant goal.
And, despite the progress that has been made in the past 32 years, work remains to be done to enact needed civil rights laws. We need the Civil Rights Restoration Act, an act designed to make clear that when any part of an educational ins ti tution, for example, receives federal funds, the entire institution-not just the unit receiving the funds-must conform to civil rights laws. We also need to have the Fair Housing Amendment introduced in 1985 enacted into law. That legislation would, among other improvements, provide an effective administrative remedy for individual victims of discrimination. We likewise need legislation that spells out at the federal leve1 the civil rights of lesbians and gay men.
The civil rights movement must not only concentrate on the "right of access" to education, employment, voting and housing. It must also focus on "opportunities for access." It must be concerned about the federal government accepting its responsibilities and obligations as a partner with state and local governments and the private sector in opening up opportunities in education, employment, and housing. Any citizen who fails to focus on this issue refuses to accept our common responsibility never to turn our backs on opportunities to help our neighbors achieve their highest possibilities.
Ibelieve that out at the grass roots, millions of persons are trying to make the commandment "thou shalt love thy neighbor as thyself' a part of their personal lives. They recognize a moral imperative never to pass up opportunities to help their neighbors realize their highest possibilities. They support the basic values underlying the civil rights movement. In fact, because many of them have responded to the challenges that are a part of the movement-and because, on the basis of their own observations, they know that desegregation, equal employment, and fair housing policies can be made to work-I believe there is more support for the values underlying the civil rights movement today than there was at any time in the 1960s or 1970s. Our job is to do a better job of focusing that support on the specific issues as they arise. We can and shall overcome!
Manna/i),. The }OLll7lCY / 7
s
It I ~I N '1' I C)
N
harassment, and transfer of gay
Most Americans take for
Tim Tyner is a graduate ofthe law school at
the University ofKansas who has practiced with
men and lesbians remains comgranted
equal rights to
a criminal defense firm and as police liaison
mon practice in many cities.
housing and employ-
with the Dallas City Attorney's Office. Robert
In California, lesbian and gay
ment. It is generally assumed that
Holt received his law degree from Temple
employees of state-protected quasiemployees
who perform their resUniversity
and has served as a criminal law
governmental monopolies are enponsibilities
satisfactorily will have
advisor to the Texas Court ofCriminal Appeals
and the Dallas Court ofAppeals. They formed
titled to the same protections as
their continued employment asthe
law partnership of Tyner and Holt in 1985.
sured. Fulfilling the obligations of
lesbians and gay men who work for
Both are members of Oak Lawn United
the state government. The Califora
tenant in a lease situation such as
Methodist Church in Dallas and the Dallas-Fort
paying rent or the making of paynia
Supreme Court in Gay Law
Worth Affirmation group.
Students Association v. Pacific Telements
under a mortgage secures the
phone has held that the telephone
tenant or mortgagor continued
ed prohibitions on discrimination
company's activities are so closely
possession of a home.
on the basis of sexual orientation
connected with the state governHistorically,
discrimination has
within its jurisdiction. In most
ment and so greatly affect public
been directed toward certain
localities, employers may lawfully
groups in our society. In the notwelfare
that they are quasi-governdiscriminate
against employees on
too-distant past, women, blacks,
mental in character and thus the
the basis of sexual orientation.
equal protection guarantee of the
and other minorities were frequenstate
constitution and other state
tly denied the right to employment
and housing. In recent decades,
statutes prohibits the company
Employment
federal laws such as the Civil
from arbitrarily excluding qualified
lesbians or gay men from job
Rights Act of 1964, as well as
Wisconsin has led the nation by
opportunities. This legal theory
various state and municipal orenacting
a statute banning discrimdinances,
-have, for the most part,
does not exist in most states,
ination in the public and private
however.
prohibited discrimination based
sectors based on sexual orientation
With regard to federal employon
race, sex, age, religion, or na(
see article, p. 20). Governors of
ment of civilians, Section 3301 of
tional origin, although remnants of
other states (for example, Calisuch
discrimination still persist in
Title 5 of the United States Code
fornia, New Mexico, New York,
the United States today.
provides that the president may
and Rhode Island) have issued exOne
major area in which disecutive
orders prohibiting such disprescribe
regulations for admission
crimination remains legal in many
crimination in state employment.
into Civil Service that will "best
places is discrimination against lespromote
the efficiency of that serMany
cities such as Austin, Los
bians and gay men. Few judges or
vice." Regulations issued in DeAngeles,
Minneapolis, and Washlegislators
have seen fit to protect
cember 1973 prohibit finding a
ington, D.C., have similar muniindividuals
from discrimination
person unsuitable for federal emcipal
ordinances. In such cities,
based on sexual orientation. As a
ployment merely because he is gay
lesbians and gay men are, in
result, many lesbians and gay men
or she is lesbian. The regulations go
theory, able to be open about their
who work as other persons' emon
to say that dismissal or the findsexual
orientation. Some local
ployees or who rent their homes
ing of unsuitability is permissible if
ordinances pertain only to employlive
in fear of their sexual orientaevidence
establishes that a person's
ment by the municipal governtion
being discovered. Often, the
homosexual conduct affects job fitment;
others forbid employment
revelation of a gay or lesbian idenness.
Also, security clearances often
within the private sector as well.
tity results in being fired from a job
are denied to persons who are susHowever,
similar ordinances have
or in having a landlord refuse to
pected of being lesbian or gay. No
been repealed In places such as
renew a lease or, worse, undertake
laws prohibit discrimination Miami, St. Paul, and Houston, and
eviction proceedings.
against lesbians and gay men by most cities in the United States
Legal protection for lesbians
the U.S. Armed Forces, and the
have no employment protection
and gay men is offered only where whatsoever for gay men and lesrevelation
of a gay or lesbian identhe
municipality or state has enactbians.
As a result, discrimination, tity remains cause for dismissal
8/Malllla for [he Jowlley
~ I) I s
from military service.
One particularly sensitive subject for the courts and our society has long been the employment of gay men and lesbians as teachers. Most courts, upon any evidence that students may be influenced by a teacher's sexual orientation, will uphold a dismissal. This is perhaps due to the common mythologies that gay men molest children and are seeking to make recruits. Despite debunking ofthese myths and the outstanding examples provided by many gay and lesbian teachers, widespread discrimination exists.
Fortunately, a few recent judicial decisions may provide hope that this situation is improving. The U.S. Supreme Court recently overturned an Oklahoma law that sought to deny employment to any teacher who spoke supportively of gay men and lesbians outside ofthe classroom. And, in Morrison v. State Board of Education, the California Supreme Court overturned the dismissal of a teacher for homosexual conduct, holding that "immoral conduct permits the dismissal of a teacher only when the state, when
It I I N
taking into account the totality of the circumstances, can prove unfitness to teach."
Housing
Gay men and lesbians are protected from discrimination in housing in only two states-Wisconsin (by virtue of a statute that includes sexual orientation on its list of prohibited categories of discrimination) and California (under the Unruh Civil Rights Act, which the state Supreme Court in 1982 held to prohibit discrimination against gay and lesbian people.) The District of Columbia and various other progressive municipalities also have enacted city ordinances banning discrimination against gay men and lesbians in the area of housing (see chart on p.18). Outside of these cities and states, landlords have wide discretion in determining to whom to rent.
Gay men and lesbians sometimes must be creative to protect themselves from discrimination in housing. For example, if a state or locality prohibits discrimination
it I C) N
on the basis of marital status, a gay man or lesbian might successfully proceed against a landlord on that basis, as did two men in Washington state in 1978.
Sometimes, but certainly not always, gay and lesbian tenants are protected by virtue of having a written lease. In such circumstances, unless the tenant breaches some specific clause of the lease, eviction on the sole basis ofthe tenant being gay or lesbian is not possible. Nevertheless, a landlord may still be able to refuse to renew a gay or lesbian tenant's lease when it expires.
U ntiI municipal ordinances or state or federal laws are enacted prohibiting discrimination on the basis of sexual orientation, there is little to protect gay men and lesbians from discrimination in housing and employment in many parts ofthe United States. Every gay man and lesbian working together to promote such legislative enactment would hasten an enlightened change in our legal system today.
Married in the 1950s, I was young and naive both about my sexuality and about my role as a woman in society. Fourteen years and two children la ter, I discovered both my lesbianism and feminism. For several years, I shared an ad hoc joint custody arrangement with my former husband until he remarried and moved to Canada. Thereafter, a bitter custody battle ensued in
Rosalie Davies is a feminist attorney and a founder and coordinator of Custody Action for Lesbian Mothers, Inc., a free litigation support service for the Delaware River Valley and a national consulting service.
which I not only lost custody of my children, a boy and a girl then aged 15 and 12, but became alienated from my children in the process.
My court-ordered visitation award was so punitive that I could only see my son and daughter in the home of my parents for two weeks a year and could only call my children once a week. Separated from my children by over 1,000 miles and with little or no rapport remaining, the future looked grim. Every week I called. Often they were "unavailable," but I just kept calling. Every visitation I flew them to my parents' home, and I flew to
(continued on next page)
Malllla/or the JOlll1ler / 9
10 / Mallllajor the Joumey
I s
It I I N
11 I () N
a gay father must show that the meet them.
Loss of Parenting Rights (continued)
immorality of a lesbian lifestyle in
mother is unfit to parent in some Within one year, the new stepand
of itself is sufficient to deny a
way, such as abuse, neglect, or drug mother had lost her glamor. My
mother custody. Thus, the work of
addiction. To become natural fason left his father's home, and my
CALM is even more critical today
thers, gay men must look to surdaughter was also expressing unthan
in the past.
rogate mothers, a quasi-legal alhappiness in our weekly calls. Over
However, in the past few years a
ternative at best. Rare programs the next few months, a plan was
whole generation of women who
exist to place gay teens into gay hatched. On the next visitation,
came out of the closet in the 1960s
homes, but adoption is virtually they would not return to their
as lesbians and feminists, without
impossible. A few gay men have father but instead would travel
guilt or prior heterosexual marriages,
sought out lesbian women for back to Pennsylvania with me.
decided they would exercise their
shared-custody arrangements, but During this period of separaright
to choose motherhood. In the
such child-rearing commitments tion and grieving for my children, I
1970s and early 1980s, lesbians
are fraught with many pitfalls. had founded an organization in
turning 30, like many economically
These include, for example, the Philadelphia called Custody Acself-
sufficient single women, heedforced
mobility of a high unemtion for Lesbian Mothers (CALM),
ed their biological time clocks and
ployment economy and the difthe mission of which was to ensure
decided to embark upon motherficulty
of two people united only by that lesbians would no longer be
hood via artificial insemination or
the desire to raise a child to agree stereotyped and prejudged in the
self-insemination. Some employed
on the multitude of decisions recourtroom as I had been. Within
the service of sperm banks with the
garding health, education, and one year, my lover and I had raised
assistance of liberal physicians
welfare of that young person over a some money from private founsympathetic
to their needs. Before
20-year period.
dations, and our litigation support
the AIDS scare, others went to the
gay male community and requestservice
had begun. To strengthen
It is ironic that in our society, in
ed sperm donors and then insemour
skills, I entered law school as which there is so much need for
inated themselves with turkey bastan
open lesbian. With the aid of loving and caring parenting, cerers.
Some raised their children
other lesbian and gay lawyers, we tain persons with the desire and
communally with other lesbians
developed courtroom strategies and skill for parenting are restricted in
also experiencing motherhood;
collected psychosocial data to suptheir capability to carry that out.
some lived as couples and had to
port our cause.
And, of course, it is children who
decide who would bear the child.
Over the next decade, the posisuffer most because of this. For lesOthers
took the plunge alone.
tion oflesbian mothers vis-a-vis the bians and gay men alike, our best
Thus far, few of these arrangeappeals
courts improved dramatihope for controlling discrimination
ments have come to the attention of
cally. However, horror stories in the lies in the passage of the Uniform
the courts. Suffice it to say that
lower courts continued to abound.
Child Custody Act. * This act has
anonymity is the key. Two courts
One judge, upon awarding visitaalready passed in several states. Its
have decided that a sperm donor
tion, warned the mother not to kiss language limits judicial discretion
once known has all the rights of an
her children because "everyone by requiring that, before parental
unwed father. As to lesbian "marknows
that venereal disease is rambehavior can be used as a factor to
riages," such custody cases that
pant in the homosexual comdetermine custody, a connection
have ensued from the breakup of
munity." Another mother was demust first be shown between the
these unions have entitled the
nied custody in part because she specific behavior and a negative
natural mother to custody and the
had assisted her lover in delivering emotional or psychological impact
nonbiological or psychological parkids-
baby goats-apparently a
on the child. Such legislation can
ent has been awarded a measure of
wholly unnatural act when perhelp move our society toward more
visitation. Still, with more and
formed by a lesbian. One case cited emphasis on the well-being of
more legislation going on the books
the presence of Ms. magazine on children and less concern with actto
regulate artificial insemination,
the coffee table as symptomatic of ing out social prejudices on parents.
the influence of the New Right has
moral decline, and another mencreated
sanctions both on physitioned
a parent's lover's rocking in cians who inseminate lesbians and
*More infonnation on the Uniform Child on women who inseminate themthe
household rocking chair as
Custody Act can be obtained from the
evidence of perversion.
American Bar Association. One publication available is: Interstate and Interselves.
When we look to gay men who
national Child Custody Disputes: A CollecUnfortunately,
the Reagan era
either sired children in heterosextion
of Materials. (March 1984. 239 pages.)
has caused a right-wing backual
marriages or who wish to
The cost of this is $15.00 from: American lash even in the higher courts.
Bar Association, Order Fulfillment, 750 N. Pennsylvania has led the way with
become parents, the situation is
Lakeshore Drive, Chicago, IL 60611. 312/
even less optimistic than it is for
988-5555.
a decision squarely stating that the
lesbians. To win custody even today,
I
I
s II I )1 I N '1' I C)
Since July 1984, several incidents of violence against gay men and lesbians have made their way into the nation's newspapers. In Bangor, Maine, a young gay man was assaulted by three teenagers and thrown over a bridge to his death. A San Francisco man was set upon by a gang of youths who, amid cries of "faggot" and "queer," beat him to death. In Miami, two men were beaten so savagely by a gang that they can no longer speak or write. In Jacksonville, Florida, the local Metropolitan Community Church was set on fire for the second time in a year.
These incidents may seem distant and out of the ordinary. Evidence shows, however, that violence and the threat of violence is a real danger that most gay men and lesbians live with daily.
An eight-city study of anti-gay/ lesbian violence published by the National Gay Task Force (NGTF) in 1984 revealed that more than one in five gay men and one in ten lesbians had been physically assaulted because of their sexual orientation. More than 40 percent had been threatened with violence. Thirtyfour percent were verbally abused by members of their family, and 7 percent had been physically abused as well. Nearly two-thirds said that anti-gay/lesbian violence was so pervasive that they feared for their safety.*
In addition to crimes motivated
by fear and hatred, gay men and
lesbians are victimized because
they frequently are perceived to be
"easy targets," unable to fight back
or unwilling to risk exposure by
reporting crimes against them. Like
some heterosexual persons, some
lesbians and gay men are vic-
Paul Vandenberg is a former United Methodist representative to the Governing Board of the National Council ofChurches and past cochair of the National Gay and Lesbian Task Force. Kevin Bemll is Director of the Violence Project of the National Gay and Lesbian Task Force.
timized by partners or lovers; others are victims ofcrime that are simply random in nature.
Many victims are afraid that they will be victimized a second time if they step forward. They cite hostility and discrimination as reasons for neither reporting incidents nor seeking services available to them. Some of those reporting who do seek help find that the very people responsible for protecting and assisting them are unresponsive to their needs or even overtly hostile.
Because gay men and lesbians often fear exposure, stigmatization, and discrimination, they suffer alone. Those who are not "out" about their sexual orientation find they must lie about the circumstances of the incident to their family, employer, and even friends. Their inability to share what really happened can provoke intense feelings of isolation.
Like victims of rape, victims of anti-gay/lesbian violence are sometimes blamed for their victimization. They are told that the incident might never have happened if they had been more "discreet" or less visible.,These attitudes can trigger guilt and self-blame in victims, who often wonder whether a homophobic attack was a punishment for their "unacceptable" lifestyle. Such doubts can begin to unravel a lifetime of struggle to accept and affirm who they are and
N
how they love. Those who are singled out for anti-gay/lesbian attacks often feel "exposed," with their sexual identity particularly noticeable. They may begin to believe that future attacks are imminent and respond to this fear by limiting their contact with the rest of the world. They may also take steps to conceal their sexual orientation, further increasing their feelings of isolation and alienation.
Gay men and lesbians are stereotyped as powerless ("sissies" or "pansies") or as inappropriately powerful ("diesel or bull dykes"). Even those who have overcome notions that they are weak or have no right to be strong may reexperience these feelings following an attack. These feelings can negatively affect their ability to cope with the aftermath of violence.
Another problem is that secondary victims are frequently overlooked, especially when they are the partners or lovers of gay or lesb,ian victims. Because gay and lesbian relationships are not legally sanctioned, the needs of lovers are seldom acknowledged or met. The police often fail to deal sensitively with friends and lovers of gay or lesbian victims, and many hos(
continued on next page)
*Since this study's release in the summer of 1984, it has been praised by researchers, including Dr. Marvin Wolfgang, director of the University of Pennsylvania Center for Studies in Criminology and Criminal Law. Violence surveys conducted by the Wisconsin Governor's Council on Lesbian and Gay Issues and the Philadelphia Lesbian and Gay Task Force have shown rates of victimization similar or identical to those documented in the NGTF study. For a copy of the NGTF Violence Study and sample survey, send $10.00 to National Gay Task Force, 80 Fifth Avenue, New York, NY 10011. 212/741-5800.
Manna/or the Jowlley / 11
I S
(~ It I ~I
Abuse and Violence (continued) pitals still deny them visiting privileges. Failure to respect these relationships compounds and prolongs the suffering of both the primary and secondary victims.
What can be done to address the needs of lesbian and gay victims and to ensure that they receive the compassion and consideration that all victims deserve?
1.
Improved services for lesbian and gay victims. Police, criminal justice personnel, victim services agencies, rape crisis centers, youth agencies, domestic violence programs, and mental health facilities need to improve their services and outreach to the gay/lesbian community. Within the United Methodist Church, congregations, districts, and annual conferences should initiate comprehensive training programs to help their clergy members understand and respond more effectively to the needs oflesbian and gay crime victims; publicize their programs to the lesbian/gay community; work cooperatively with lesbian and gay organizations and support services; and create a supportive environment for their lesbian and gay employees-beginning with the establishment of an official policy prohibiting discrimination on the basis of sexual orientation.
2.
Increased research into lesbian and gay victimization. While the prevalence of anti-gay/lesbian violence has been demonstrated, more research is needed to understand the full dimensions of the problem and the particular issues facing lesbian and gay victims. Congregations can easily replicate the NGTF study in their communities to publicize the problem of anti-gay/lesbian violence.
3.
Guaranteed civil rights for lesbians and gay men. The absence of legal protections for gay and lesbian citizens has a critical effect on their ability to deal with the aftermath of crime. As long as they risk losing jobs, housing, child custody, and other basic rights by "coming out," large numbers will choose not to report crimes against them and
I
seek services available to victims. In failing to prohibit discrimination on the basis of sexual orientation, our government permits-indeed facilitiates-violence and crime against gay men and lesbians by inhibiting them from seeking redress through the criminal justice system.
The church bears much responsibility for the prevalence of anti-gay/lesbian violence and for the lack of official response to the problem. For centuries, it actively persecuted homosexuals and committed unspeakable acts of physical and psychic violence against them. Today, right-wing religious leaders and organizations help foster an atmosphere of fear and intolerance that leads to violence. While some may profess to "hate the sin, but love the sinner," they send out direct mail pledging to "stop the homosexuals dead in their tracks." They issue "battle plans" and "declarations of war" against homosexuality. They declare that AIDS is God's "punishment" against homosexuals, and some even call for the quarantine of all gay men.
The same church that has ignored, justified, and even perpetrated violence against lesbians and gay men must now lead the way to ending such violence. While most mainline Christian denominations have passed resolutions supporting lesbian and gay civil rights, they are still so concerned with the alleged sin of homosexuality that they fail to confront the sin of homophobia. The church can begin by vigorously speaking out against anti-gay/lesbian violence and by encouraging official measures to study and remedy these problems. Clergy and laity must together reexamine their personal and theological attitudes toward homosexuality and work to eradicate the homophobia that leads to violence. Furthermore, they should affirm and support lesbians and gay men who choose to participate in the church and extend church outreach to the lesbian and gay community.
N 11 '1' I C) N
Mom:" Floyd is a member of the CaliforniaPacific annual conference ofthe United Methodist Church and is one ofthe official spokespersons for Affirmation: United Methodists for Lesbian and Gay Concems.
A major Texas corporation requires some employees to be tested for antibodies to the AIDS virus.
Minneapolis, Minnesota, landlords refuse to rent apartments to an AIDS service organization to provide temporary housing for its clients.
The Pentagon announces that all service members will be tested for exposure to the AIDS virus.
Parents of 100 Washington Borough, New Jersey, elementary students keep their children at home to protest attendance by a boy whose sister has an AIDS-related condition.
In Houston, Texas, mayoral candidate Louie Welch offhandedly suggests a solution to the AIDS epidemic: "Shoot the queers."
Though all available evidence is that AIDS cannot be transmitted through the air or through casual contact, fear of the disease is causing many actions and proposed policies to restrict persons with AIDS (PWAs) and those infected with HTLV-III, the virus believed to cause it. As a result, the epidemic threatens to reverse progress toward the assurance of civil rights for gay men and lesbians.
12/MallJla/ or the '/OWlIey
Floyd
The saddest experiences are those of PWAs who find themselves suddenly with nowhere to live, as fearful roommates, lovers, or family members ask them to move out. Many of these PWAs lack the money and energy required to locate another place to live. But, even without these problems, they may be unable to do so. Potential tenants frequently are asked why they are leaving their present situation, and, if the PWA answers truthfully, the door may close on the new possibility as well.
The housing problem is complicated for many persons with an AIDS-related diagnosis by loss of their jobs. Fearing that customers will stay away if they know that an AIDS patient works in a store, restaurant, or office, employers are firing those diagnosed with AIDS. Others tind it difficult to resist the threats of a walkout by co-work rs who fear that they could becom infected by working in proximity to a PWA. In still other situations, an
IDS diagnosis provides a convenient excuse to get rid of a gay
employee.
These actions are forbidden in
some jurisdictions by state or local
tatutes that prohi it discrimination
on the basis of a disability. Enforcement
of these laws, however, is often
complicated, time consuming, and
costly. A PWA may well decide not to
spend valuable emotional and physical
energy in a fight that may be won only posthumously.
The availability of a test for
antibodies to HTLV-III has created a
much larger group vulnerable to
similar forms of discrimination. The
test was licensed for use by blood
collection centers so that they could
avoid the use of blood contaminated
by the virus. It is not a test for AIDS
and has little practical value when
used outside a population at substantial
risk for AIDS, other than for
blood screening. Current evidence is
that few of those infected by the
AIDS virus will in fact develop the
disease.
Because such a large proportion ofthose with AIDS are gay, men who test positive for antibodies to HTLVHI are frequently assumed to be gay or bisexual and may face discrimination on that basis. Furthermore, the rate of positivity is so high among gay and bisexual men (50 percent or more in some urban centers) that actions taken against sero. positive individuals will particularly affect that group. In some places, restrictions may even be extended to all those at high risk for AIDS, "just
to be on the saf side."
The planned screening of all
members of the military is an example
of how misuse of the HTLV-III
antibody test could have far-reaching
civil liberties consequences. Pentagon
officials first said that the test
results would be used only to identify
those whose health should be monitored.
They later admitted that they
would discharge anyone whose test
result indicated homosexual activity
or intravenous drug use. Lesbian/
gay rights leaders fear the military's
use of the test will legitimate its use
elsewhere as a means of identifying
and excluding gay men.
A powerful economic incentive
exists for the exclusion of those at
risk for AIDS from situations where
an institution or employer becomes
directly or indirectly responsible for
health-care expenses. The average
PWA lives 18 to 24 months after
diagnosis and incurs up to $150,000
in medical expenses. HTLV-IlI testing
provides employers, insurance
companies, and others a convenient
means to identify and exclude those
they feel are most likely to fall into a
high-risk group. Interestingly, however,
employers have not shown a similar interest in excluding smokers, even though those persons are also at high risk for a number of expensive-to-treat health conditions.
Perhaps the greatest force for discrimination against gay men in this generation is the public perception that they are to blame for AIDS. Fueled by the demagoguery of persons like the Rev. Jerry Falwell, this attitude has already had a noticeable impact on public policy debates around the country. AID has been cited as a reason for not passing lesbian/gay civil right legislation, and an official ofthe Centers for Disease Control has suggested an end to all gay sexual activity as the best means to end the epidemic. The Wash ington (D.C.) Times, a conservative daily newspaper, editorialized, "Those who suffer from AIDS ..., in a sense, went looking for their affliction ....We are all responsible for our actions, and AIDS isn't a no-fault disease." It is difficult to escape the conclusion that the AIDS epidemic is one more occasion for blaming the victim.
Unfortunately public policy is not always determined by logic. Irrational and hysterical reactions to a dreaded ailment can create demands that public officials find hard to resist. A closer study of statements favoring large-scale governmental action to revoke individual freedoms in the name of disease control will usually uncover motivations of homophobia and other such fears of persons who are different.
AIDS is a real health concern. Each of us needs to be wellinformed about the disease, and those persons who are in high-risk groups should take the precautions deemed necessary to prevent infection. Yet AIDS is not a license to unleash the floodwaters of homophobia that have been building up due to their increasing social unacceptability. Churche have an important advocacy role to play, both in the educational efforts about AIDS and in ensuring the civil rights of individuals who may be trampled by irrational fears and desperate actions of self-protection and repression.
Mal/l/aJor {he .Ioumey / 13
by Fronda Woods
Fronda Woods is an attorney in Washington, D.C.
Recent congressional action on issues affecting lesbians and gay men has been a mixture of good _news, bad news, and political caution. The good news is that Congress has acted quickly to beef up AIDS research funding, in response to the concerns of many persons. The bad news is that proposed civil rights legislation affecting gay men and lesbians is receiving only lukewarm support in Congress, reflecting the current administration's general lack of enthusiasm for civil rights. In between is proposed immigrationreform legislation, which currently can be found in the status of much legislation-it is stalled in committee.
AIDS Funding
Hardly a day goes by without some mention of
AIDS in the news, and funding for AIDS research and
treatment has likewise received a good deal of recent
congressional attention.
T E
NIIONAL AGENDA FOR ESBAN
I GAY
CIVIL
RIGHTS
In September 1985, the House of Representatives approved $196.3 million in AIDS funding for the Department of Health and Human Services (HHS) in fiscal 1986. In October, the Senate approved $221 million. As of this writing, the two bills had been submitted to a conference committee, a group that includes members from both legislative bodies. The conference committee will work out a compromise bill, and the result will be submitted to the full Congress for final approval.
The bulk of the money to be appropriated, approximately double the 1985 funding level, would go to HHS's AIDS research efforts.* The Senate bill also includes $16 million for model AIDS-treatment programs.
In addition, the Senate approved $10 million, and the House $6.6 million, for AIDS research by the Food and Drug Administration (FDA). Congress handles the FDA's budget separately from that of HHS. The FDA figures have also been submitted to a conference committee, which will decide on a compromise amount for final congressional approval.
Civil Rights
Many folks are surprised to learn that discriminating against lesbians and gay men is legal under current federal law. I recently mentioned to my office mate that many of my friends conceal their lesbian or gay identity at work because they fear for their jobs. My office mate was skeptical and said, "Oh, there must be laws saying you can't discriminate against gay people." He was shocked when I replied, "No, there aren't."
The Civil Rights Act of 1964 forbids discrimination on the basis of race, color, religion, sex, and national origin but does not extend civil rights protection to lesbians and gay men. So far as federal law is concerned, employers may legally refuse to hire lesbians or gay men, and landlords may legally refuse to rent to gay or lesbian couples.
In 1975, a bill to extend civil rights protection to lesbians and gay men was introduced in Congress for the
14/Malllla for the Joumey
first time. Since then it has been reintroduced each year, but it has not gained the support needed for passage. The lesbian/gay rights bill would amend existing civil rights laws to prohibit discrimination on the basis of affectional or sexual orientation, which the bill defines to mean "male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults." The bill would ban discrimination against lesbians and gay men in employment, housing, public facilities, and federally funded programs.
As of October 1985, 67 representatives and 6 senators had signed on as cosponsors of the 1985 version of the lesbian/gay rights bill. There are, however, 435 representatives and 100 senators, and it is unlikely that the bill will become law at any time soon. Civil rights is currently not a popular issue in the federal government. Many members support the objectives of the lesbian/ gay rights bill, but they feel it would be politically unwise to cosponsor the bill publicly at this time.
Immigration
The Constitution gives Congress the power to enact laws governing immigration and naturalization. Congress thus has the constitutional authority to exclude undesirable classes of aliens, such as terrorists and drug smugglers, from the United States. In 1952, Congress determined that homosexual persons were an undesirable class of aliens. Under the 1952 law, which is still on the books, foreign nationals who are "afflicted with psychopathic personality, or sexual deviation, or a mental defect" are prohibited from entering the United States. Courts have interpreted "sexual deviation" to include homosexuality, and the Supreme Court has upheld decisions to deport alien on the basis of their homosexuality.
In 1984, Representative Barney Frank CD-Mass.) introduced an immigration-reform bill in the House. This bill would extensively revise the grounds for excluding foreign nationals from the United States. In particular, gay and lesbian foreign nationals could no longer be excluded solely because of their homosexuality. The 1985 version of the bill had 60 cosponsors in the House as of October 1985. No bill has yet been introduced in the Senate.
The Reagan administration has reacted favorably to Rep. Frank's bill. In hearings before the House Judiciary subcommittee on immigration, a representative of the Department of Health and Human Services testified in favor of it. In late 1985, however, the bill was still in committee, and it was unlikely to reach the House floor by the end of that year.
The protection of the civil rights of lesbians and gay
men on the national level is still a long way from
enactment. While it is a popular belief in our society
that the civil rights and freedoms of all persons are respected,
the reality is not so. Lesbians and gay men are
among the most vulnerable social groups in our society.
It is critical that representatives and senators be informed
of the need for such civil rights protection and
that there is a large constituency, within the churches
particularly, that qdvocates it.
Church
Leaders Support Gay Civil Rights Bill
In the summer of 1985 several church leaders sent a letter to the representatives who had co-sponsored the lesbian/gay civil rights ill in the House expressing appreciation for their support. A similar letter was sent
to other representatives inviting their support. These
letters read in part:
Our religious traditions teach the importance of providing equal justice to all persons and respect for the dignity ofeach person. We believe that the basic rights ofemployment, housing, and access to public services should not be denied anyone merely by reason oftheir sexual orientation.
As representatives ofreligious traditions we recognize a .~pecial responsibility to provide moral leadership in improving public under. tanding of this issue and the persons it affects. While some of our traditions oppose the practice ofhomosexuality, our traditions maintain trong support for the protection of the basic civil and human nghts ofall persons. We support this particular legislation as necessary to secure the basic human rights of lesbians and gay men.
The letters were signed by: Leland Wilson, Director, Washington Office, Church of the Brethren Raymond Nathan, Director, Washington Ethical Action Office, American Ethical Union Garnett Day, Division of Homeland Ministries, Christian Church William Weiler, Director, Washington Office, Episcopal Church Robert Z. Alpern, Director, Washington Office, Unitarian Universalist Association
Rabbi David Saperstein, Co-director and Counsel, Religious Action Center, Union of American Hebrew Congregations
George Chauncey, Director. Washington Office, Presbyterian Church (USA) Charles V. Bergstrom, Office for Governmental Affairs. Lutheran Council in the USA
Guillermo Chavez, Dept of Political and Human Rights. Board of Church and Society, United Methodist Church
Faith Evans, Office for Church in Society,
United Church of Christ
* Ed. note: While Congress and the administration have substantially increased funding for AIDS research, federal spending for other health-related research and programs have been proportionately reduced. Since much of the funds cut would benefit the health concerns of other minority groups, this has served to pit the interests of one minority group against those of others.
Mannalor tlzeJoumey/15
by Ralph Watkins
Ralph Watkins is a graduate ofUnited Theological Seminary and the Washington College ofLaw at The American University. He is a member of the District ofColumbia bar.
A signal event for the recognition of the civil rights of lesbians and gay men happened on Saturday, _June 28, 1969, at the Stonewall Inn in New York City. On that night, the New York City police raided the private gay club in Greenwich Village and evicted 200 men. Much to the surprise of the police, who regarded gay men as passive "sissies," the crowd outside soon doubled in size and fought back, forcing the police to retreat into the bar, where they barricaded the doors for protection. When reinforcements arrived to rescue the police trapped in the bar, a one-hour riot erupted. Four
police officers and an undetermined number of gay
men were injured, and 13 arrests were made.
This violent event produced two distinct shock waves that have had an impact on the lesbian/gay civil rights movement. First, the release of the pent-up anger against the capricious actions of the police brought a new sense of strength and pride to the lesbian/gay community, not unlike that felt by the black community after Rosa Parks' refusal to move to the rear of a Montgomery, Alabama, bus. Second, the political establishment recognized the risks of unreasonable discrimination that could provoke a group of people to the point of violent attacks on the officers of the city government. A community's recognition of its power and the wider community's recognition of the need for respect of a minority's rights were also hallmarks of the struggle for civil rights of black Americans. Like that struggle, the lesbian/gay civil rights movement contains arenas of action on all levels of government with opportunities for involvement of the religious community.
It is important to understand the pivotal role the religious community plays in the political debate. The philosophy that underlies legal hostility toward gay men and lesbians is the result of centuries of religious teaching that homosexuality is unnatural and immoral. Much of the legal debate revolves around the propriety of the state regulating the morals of individual citizens. In this context, the church is perceived as having a special interest and authority. And, because of the long history of religious advocacy of legal oppression of lesbians and gay men, unless a church or religious leader expressly advocates lesbian/gay rights the political community assumes those leaders are in opposition.
Church involvement in advocacy of the rights of gay men and lesbians is possible only where there has been sufficient education and dialogue within the church community for that advocacy to flow genuinely from the faith commitment of church members. It is important for church members to learn about the actual experience of lesbians and gay men with the law and to awaken their awareness of the biblical witness for the oppressed. It is unrealistic to expect to achieve a complete reversal of prejudice or unanimity in support of a particular strategy of witness. But, by building within a church a base of people who understand advocacy of the acceptance of gay men and lesbians as an expression of faith, a witness for lesbian/gay rights can be strengthened in the larger community.
The first issue that may need to be addressed within a church as well as in the larger community is one of perspective. The general understanding of homosexuality as a "moral" question assumes two things that must be challenged-first, that homosexuality is simply a matter of the choice of some people to engage in certain sexual acts, and, second, that morality is simply a matter of conforming to a set of rules. The law and the church are beginning to recognize that homosexuality is an orientation, a personal characteristic that is not changeable. Still, it is important for the church to repeat one basic truth to keep clear a moral dimension that is too often overlooked: a community is obligated to protect the basic rights of its citizens from unreasonable
16/MallIIa for rheJounzey
discrimination. Lesbians and gay men are at risk of the loss of their jobs, their housing, and other basic elements of life if people discover they are gay or lesbian. Where laws prohibiting sodomy still exist, there is also a risk of criminal prosecution. These tremendous legal pressures are brought to bear on individuals in the hope of forcing them to choose to act contrary to their basic orientation. The church must speak out against the cruelty and futility of this social pressure, and the most effective means of doing that is confronting the underlying assumption of choice and bearing witness to the truth of sexual orientation.
A recurring theme in the battle to secure civil rights is the claim of some that civil rights laws grant special privileges to certain groups. This charge was leveled at the black civil rights movement and the women's movement, and now lesbian/gay rights advocates in turn are accused of seeking special privileges. The grain of truth in this charge is that the enactment of a civil rights law recognizes that some group has been selected by social prejudice for special disadvantages. The pattern of disadvantage signals to the government the need for scrutiny of instances of denial of employment or housing, or other types of disadvantage that may result from discrimination. This can hardly be called a special privilege for it assures only the ordinary benefits a person would receive were it not for discrimination. For those with a history in the black civil rights movement or the women's movement, the charge of "special privilege" is a familiar tune. The church, with its strong connections to both these movements, may be one of the institutions best equipped to remind the public that this charge has been heard and disproved before.
Should a church choose to become involved in a local effort for protection of the rights of gay men and lesbians, a number of important steps should be taken to assure an effective witness. First, the local and state laws regarding the rights of lesbians and gay men need to be determined.
Although a local attorney or American Civil Liberties Union chapter may be able to provide this information, it can be helpful to go directly to a city councilor state legislature. This method not only gets the needed information; it also signals political leaders that there is concern about an issue. This search for information may well reveal that the laws of a state do prohibit any sexual activity between persons of the same sex, that a state or city does forbid bars from serving homosexuals, and that there is no protection of basic rights. Or it may reveal that there are limited basic protections, perhaps a governor's or mayor's order prohibiting discrimination in public employment but no protection in private employment.
As in the earlier movements for civil rights, it is important to work in coalition in efforts advancing lesbian/gay civil rights. Partly, this is a practical need for assembling enough political strength to move the government to act, but it is also an expression of the church's role in empowering communities to seek their own interests. Contacting one of the national lesbian/ gay civil rights organizations (see RESOURCES) is a
(continued on next page)
United Methodist Policy on Civil Rights of Lesbians/Gay Men
The Social Principles of the United Methodist Church (UMC) as presented in 1972 contained the following sentence in the section on Human Sexuality: "Further we insist that all persons are entitled to have their human and civil rights ensured." When this section was adopted at the 1972 General Conference another phrase was added: "though we do not condone the practice of homosexuality and consider this practice incompatible with Christian teaching." ( Paragraph: 7lF The Book of Discipline 1984)
A resolution entitled "Civil and Human Rights f Homos ual Per ons" was pr sented to the 1980 General Confer n e by th General Board of Church and Society (GBCS) and the G neral Commission on the Status and Role of Women. The resolution called for congressional legislation and an ex cutive order banning discrimination on the basis of sexual orientation, equal treatment of homo exual parents in child custody cases, and prot ctions for lesbian/gay youth. The final sentence proved to be the most controversial: "The United Methodist Church calls upon its ag ncies, boards, commissions, and educational institution at all levels to insure human and civil rights of all persons, including employees. regardless of sexual orien ta tion."
This last sentence was claimed to spouse "church employment at all levels, what ver the sexual orientation of the person" and raised the concern that it was supporting the ordination of lesbians and gay men. The r solution was rejected by a vote of 507-405.
At the 1984 General Conference, the G BCS proposed a new "Rights of Homosexual Persons" paragraph in the Social Principles in the section addressing the rights of racial and ethnic minorities, religious minorities, children, youth and young adult , the aging, women, and persons with handicapping conditions. The proposed paragraph recognized the "invisibility" of homosexual persons due to threats of discrimination and called on churches to develop ministries "sensitive to and re pectful of the ne ds of these person and their families."
During a long debate over this proposed r solution on the floor. contention was around the sentence: "We hold that persons should not be discriminated against on the basis of sexual orientation, and we call for the creation and effective enforcement of legal sanctions against such discrimination."
Opponents of the proposition brought forth amendments that would have stat d clearly th UMC's intent to discriminate in ordination and hiring of programmatic personnel. Concern was raised that the sentence as initially proposed would open the UMC to legal suits from les ian or gay ordained lergy who were denied employment. All attempts to amend the proposition were defeated. Despite several delegat s· attempt to reassure the conferenc that the proposed statement would in no way have made the UMC liable to a I gal suit, the entire paragraph was also rejected.
The only nati nal UMC agency which has a policy of nondiscrimination based on exualori ntation in its hiring policy is the Gen ral Commission on the Status and Role of Women.
Malllla jor the ]oUl7ley / 17
Involving
the Church (continued) good way to find local groups that are addressing these concerns. These groups can then identify the most critical needs for a change in a city or state, and in dialogue with them an appropriate strategy can be developed. Any church that becomes involved in advocacy of the rights of lesbians and gay men may well face some persecution. A common fo rm of this is the accusation that the pastor or key church leaders are gay or lesbian. The fact that such a statement is seen as harmful is evidence that "none of us is free until all of us are free," as the civil rights slogan declares. So long as the fearful elements of society can threaten harm to any person by the mere accusation of homosexuality, our society will not be free of the grip of homophobia. Part of the redemptive work of the church should be freeing people from this unreasoning fear, and a church that advocates lesbian/gay rights probably will find itself thrust into this role. This is an aspect of the ministry that may be strengthened by training and reflection by the members on their own visions of femininity and masculinity. Finally, a church should be prepared to minister as a healer to the whole community. Some gay men and lesbians, as the victims of social oppression, may need counseling, legal aid, or financial assistance. Other people who fear change may need to be comforted and given a vision of a new society in which all of God's children are accepted as they have been created. Powerful people may need to be confronted and then offered a new chance for more responsible leadership. In any church program advancing lesbian/gay rights, the most effective advocates probably will be those who can sense the needs of many people for new understanding, or courage to act on their own knowledge, or patience to accept those whose views are different, and who can seek to meet those needs in a way that moves the whole community toward mutual respect and acceptance. Wheres domy statutes stan Sodomy laws under challenge Sodomy laws on the books; no challenge in process _ Map reprinted by permission of The Washington Blade. 51 Cities Have "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" 5/74 5/76 7172 11/77 7171 7175 10/78 6/84 4/84 9/84 7177 9175 6/82 1/79 2/75 10/84 1/79 5173 7/81 8/80 3/83 3/81 5177 10/84 4184 6179 3/75 4175 2/84 7/80 4174 3/75 1178 12/83 8174 8/82 12/74 4176 12/83 12/83 7184 7178 8175 8175 10175 1179 1177 4179 11173 11/84 7175
Lesbian/Gay Rights Law
Fifty-one cities in 18 states and the District of Columbia have adopted laws which provide civil rights protections for lesbians and gay men. Here's a look at what those ordinances cover and month and year enacted:
A Credit
E -
Public
B Housing
accomodations
C Education
F Real
estate
D Employment
G Unions
City
ABC
D
E
F
G
Date
Alfred, N.Y.
Amherst, Mass
Ann Arbor, Mich.
Aspen, Colo.
Atlanta
Austin, Texas
Berkeley, Calif.
Boston
Buffalo, N.Y.
Cambridge, Mass.
Champaign, III.
Chapel Hill, N.C.
Chicago
Columbus, Ohio
Cupertino, Calif.
Dayton, Ohio
Detroit, Mich.
East Lansing, Mich.
Eugene, Ore. *
Evanston, III.
Harrisburg, Pa.
Honolulu
Iowa City, Iowa
Ithaca, N.Y.
Laguna Beach, Calif.
Los Angeles
Madison, Wis.
Marshall, Minn.
Maulden, Mass.
Milwaukee
Minneapolis
Mountain View, Calif.
New York
Oakland, Calif.
Palo Alto, Calif.
Philadelphia
Portland, Ore.
Pullman, Wash.
Rochester, N.Y.
Sacramento, Calif.
Saginaw, Mich.
San Francisco
Santa Barbara, Calif.
Santa Cruz, Calif.
Seattle
Troy, N.Y.
Tucson, Ariz.
Urbana, III.
Washington, D.C.
W. Hollywood, Calif. Yellow Springs, Ohio
• Law protects against intimidation on basis of sexual orientation. Source: National Gay Task Force; American Civil Liberties Union.
Copyright. 1985 USA TODAY. Reprinted with permission.
18 / Mal/I/ajar rheJOlll71ey
~
IN Rt\ISE OFWS[x)M
Litany
L: I was taught by her whose skill made all things, wisdom.
R: For in wisdom there is a spirit intelligent and holy, unique in its kind yet made up ofmany parts,
L: Subtle, free-moving, lucid, spotless, clear, invulnerable, loving what is good,
R: Eager, unhindered, beneficent, kindly towards men and women,
L: Steadfast, unerring, untouched by care,
R: All-poweiful, all-surveying, and permeating all intelligent, pure, and delicate spirits.
L: For wisdom moves more easily than motion itself,
R: She pervades and permeates all things because she is so pure.
L: She is but one, yet can do everything;
R: Herself unchanging, she makes all things new;
L: Age after age she enters into holy souls, and makes them God's friends and prophets,
R: For nothing is acceptable to God but the one who makes a home with wisdom.
L: She is more radiant than the sun, and surpasses every constellation;
R: Compared with the light of day, she isfound to excel;
L: For day gives place to night, but against wisdom no evil can prevail.
R: She spans the world in powerfrom end to end, and orders all things benignly.
(Wisdom of Solomon 7:22-24, 27-8: 1 NEB)
Prayer
o Wisdom, beloved One, why are you so far from us?
Our world suffers from your absence.
No one seeks to be faithful to you,
No one searches for you.
We, your children, are rejected because people are so quick
to believe false images, or so bound to seeing what they
want to see, they can't face the truths in front of
their eyes.
You shall know the truth, and the truth shall set you free,
it has been said.
What is the truth about ourselves?
Is it not you who have made us?
Are we not, each one of us, your handiwork?
We look around at the beautiful creation, so filled
with diversity and complexity. Yet everything has a place
and a purpose. You have made all things to
work together for good.
The tree's breathing creates the air we need to breathe.
The fish find their way to their spawning grounds
by the rhythms of the currents in their home streams.
The wind sets free the thistle down and sows the seed.
Is there anything in all creation that is not fitting?
And we ourselves, each one of us, in our uniqueness, and
diversity, and complexity, are not we, each one of us,
a part of the whole and valuable as we are?
o Wisdom, come to us!
Teach us to see the goodness of ourselves.
Teach the prejudiced to see the truth of human worth.
Infuse the obstinant with your mobility.
Give the human family open minds, open hearts,
eyes of wonder, and a will attuned to the good.
Amen.
I'vIallllajor rhelOl/mel' / 19
Iby Steven Earl Webster t is no fluke that Wisconsin is
roots organizing on the university's
Steven Earl Webster is a native Wisconsinite
the first and only state to legiscampus
at about the same time as
and a graduate of the University of WisconsinMadisoll.
He serves as lay speaker, church hislate
freedom from discriminathe
Stonewall Riots of 1969. Though
torian, and lay member of the annual conferthose
riots occurred in New York
tion based on sexual orientation.
ence at University UM. Church. Webster was
City, the defiance of social, governThis
unique political victory was
present at the founding meeting ofAffinnation
the result of a combination of facmental,
and police oppression of
10 years ago and was recently elected president
homosexual persons that the riots
tors. Among these are Wisconsin's
ofthe Wesley Foundation of Wisconsin-Madison.
independent and progressive tradirepresented
struck a responsive
chord throughout the nation. Fresh
tion, years ofgrass-roots organizing
by the state's lesbians and gay men,
in the minds of many in Madison's
lesbian/gay community at that time
persistent and professional legisla"
free" states. In 1853 the Wisconsin
was an antihomosexual witch-hunt
tive leadership, and broad support
Annual Conference of the Methodconducted
by university police
from the state's major Christian
ist Episcopal Church voted to
against students and faculty in the
denominations and their leaders.
absolve its members of any moral
mid-1960s. Such memories here
Although much ofthe story leading
obligation to obey that law. In 1854
and elsewhere combated comup
to Wisconsin's action lies in the
a Milwaukee mob freed a fugitive
placency and fueled the struggle for
state's own history, the state's exslave
arrested by federal marshals
justice.
perience still should provide useful
and sent him on his way to Canada
Lesbian and gay organizing
insights for civil rights struggles
and freedom. Wisconsin also played
also began about the same time in
elsewhere.
a major role in the "Underground
Wisconsin's one "big city," MilRailroad,"
transporting many slaves
waukee. The spirit of Stonewall
to Canada.
spawned an abundance of organiWisconsin
became a state in
The independent, forward-lookzations
there that have continued
1848. Though originally settled by
ing spirit evident in these actions
to the present Milwaukee's lesdour,
Sabbath-observing Yankees later found expression in the foundbian/
gay community included many
from the Northeast, Wisconsin ing of a major third-party moveRoman
Catholics, whose influenquickly
came to be dominated by ment at the beginning of the 20th
tial Archbishop Rembert Weakland
century-the Progressive Party. The
Gennan and Scandinavian immiwas
to playa key role in the passage
Progressive movement in American
grants seeking political freedom
of Wisconsin's lesbian/gay rights
politics coincided with the protest
and economic opportunity. Varylegislation.
against conservative "social Daring
notion of "Sabbath obserMadison
soon joined the ranks.
winism," the demand for demovance"
divided the descendants of
of those municipalities whose hucratic
political refonns, the rise of
the Puritans from the more funman
rights ordinances were broadlabor,
the women's suffrage moveloving
Gennans. "Personal liberty"
ened to prohibit discrimination
ment, and the preaching of the
was the rallying cry ofthe Germans
based on sexual orientation. This
"social gospel" by Protestant theoas
they re isted existing laws manoccurred
during the 1970s at a time
logians and churches. According to
dating a dull, no-beer-drinking
when Madison's large student popMadison,
Wisconsin, historian
Sunday. Like today's lesbians and
ulation was beginning to flex its
David Mollenhoff, "No state was
gay men, the Gennans objected to
muscle in local electoral politics. It
more often or more flatteringly
legal intru ion into their private
was largely through the efforts of
associated with the new progressive
lives in the name of narrow relilesbian
and gay law students, tomovement
than Wisconsin:' To
gious views.
gether with grass-roots support,
this day, politicians of all perWisconsin's
Yankee and Gerthat
the local ordinance passed.
suasions appeal with pride to Wisman
settlers were united, however,
consin's progressive tradition.
by another issue ofhuman freedomAlso
in the early 1970s, WisWisconsin's
capital city, Madithe
abolition of slavery. In 1850 the
consin churches-including son, and the University of Wisconfederal
government passed the
sin, located there, have often been
the Wisconsin Annual Conference
Fugitive Slave Act, pennitting slave
the center of progressive activity
of the United Methodist Churchowners
to enlist the aid of federal
marshals to arrest and return runconcerning
a wide variety of issues. began to debate the highly exploaway
slaves from the Northern Lesbians and gay men began grasssive
issue of lesbians and gay men
20 / Manna for fhe JOW71ey
his work on the controversial U.S.
in church and society. By action of
son lesbian/gay community was
bishop's pastoral letter on the econthe
Wisconsin Conference in 1974,
immediate. Likewise, liberal and
omy) and Lutheran Bishop A.C.
Bishop Jesse DeWitt appointed a
moderate local clergy quickly spoke
Schumacher-as well as United
committee that both studied the
out against the homophobic camMethodist
Bishop Marjorie Matissue
and promoted statewide dispaign.
A series ofwidely publicized
thews.
cussion in the churches. Those disand
well-attended dialogues were
cussions always included issues
Clarenbach also tapped into the
held between Madison clergy and
relating to the legal oppression of
representatives of the Madison
grass roots lesbian and gay movelesbians
and gay men and to widement,
addressing mass rallies, atlesbian/
gay community. The diaspread
discriminatory practices.
logues built up a lasting spirit of
tending community functions, and
"The human and civil rights" oflesencouraging
lesbians and gay men
mutual respect between the churches
bians and gay men had already
and the lesbian/gay community in
to urge family and friends throughbeen
affirmed by the denominaMadison.
The Bryant movement
out the state to communicate to
tion's Social Principles in 1972,
was effectively stopped in Madison,
their legislators their support of the
though those same principles also
and the lesbian/gay community
rights bill. Clarenbach's persistent
declared homosexual practices to
emerged better organized, more
effort paid off in February 1982,
be "incompatible with Christian
respected, and stronger than before.
when his bill passed both houses of
teaching."
the legislature and was sent to the
Significantly, this official United
governor's office.
At the same time as these develMethodist
position remains similar
opments in church and society,
to the official positions of other
gay men and lesbians also increased
mainline Protestant churches and
their influence in local electoral
" Christian" radio stations in
the Roman Catholic Church. And,
Madison and Milwaukee
politics. I personally participated in
eventually, this position served to
mounted an 11th-hour campaign to
a voter registration drive in a
unite Wisconsin Roman Catholics,
encourage listeners to call RepubMadison
gay bar in the early 1970s
Lutherans, Episcopalians, United
lican Governor Lee Dreyfus's office
and remember the interest of local
Church of Christ members, United
to urge his veto of the bill. Again,
politicians in the ""gay vote." DurMethodist,
Presbyterians, Unitarthere
was an immediate grass-roots
ing this period, David Clarenbach,
ians, and Baptists in public support
response from lesbians, gay men,
a young man not yet 20 years old,
of legislation protecting the human
and their friends. WORT, a comwas
elected by a Madison district to
rights of lesbians and gay men.
munity-based, listener-sponsored
sit in the State Assembly. Shortly
Despite this pro-rights consenradio
station in Madison, reported
after he assumed office, Clarensus
developing among mainline
the call-in campaign and urged its
bach, now speaker pro temp, began
Christians, the late 1970s saw Anita
listeners to do some calling on the
an eight-year legislative campaign
Bryant become a prominent spokesother
side. For the next few days,
that resulted in Wisconsin's properson
for the "Christian" position
the governor's phone lines and staff
hi ition of discrimination based on
that homosexual persons should be
were completely tied up, with calls
sexual orientation in housing, emdenied
the same human and civil
from throughout the state equally
ployment, or public accomrights
accorded other persons. Brydivided
for and against the bill.
modations. Clarenbach identified
ant's successful and viciou camNews
reports indicated that the
early the churches of Wisconsin as
paign to repeal human rights progovernor
moved up the date of
potential allies. He solicited their
tections in Dade County, Florida,
signing to free hi phones and staff
support in the form of letters from
became a national trend. Other
to resume ordinary business.
bishops and other official spokesmunicipalities
repealed similar
At the signing ceremony, Govpersons
who understood Christian
local ordinances. Incidents of
ernor Dreyfus spoke of the "funteaching
as supporting the human
homophobic violence increased.
damental Republican principle that
rights ofhomosexual persons. Most
In Madison, a controversial
government should have a very reprominent
among these official
Baptist pastor led a Bryant-style
stricted involvement in people's
spokespersons were the leaders of
campaign against Madison's orthe
state's two largest religious
private and personal lives." The
dinance. The grass-roots and orgovernor
acknowledged the presgroups-
Roman Catholic Arch(
continued on next page)
ganizational response of the Madibishop
Weakland (now known for
Mal/I/a for [he JOUl7ley /21
Justice in Wisconsin (continued) sure from Fundamentalists to veto
bigotry can be tolerated." What 1 ssons here can be apCan
a way be found to hold churches accountable for
the bill, but he also cited the "supplied
el ewhere, so that Wisconsin
Christian teachings on human and
port of a wide-ranging group of
does not remain unique as the
civil right? Can activists be held
religious leaders, including the
"Gay Rights State"? One lesson
accountable to act in behalf of lesleadership
of the Roman Catholic
may be that lesbians and gay men
bians and gay men'? Can conserChurch,
several Lutheran synods,
not write off too quickly the
vatives be held accountable to
and the Jewish community:' Dechurches,
political partie, and
conserve human rights for all perscribing
the governor's action, Clargovernment
as potential sources of
sons? Can lesbians and gay men
enbach said, "The issue which he
support. Another lesson is the
reach out to nonlesbian, nongay
has d cided . . . is not whether
importance of the grass roots to the
friends to stand and vote together?
homosexuality itself is admirable,
"leaders" in successful efforts for
Wisconsin shows that the answer to
but whether discrimination and
chang.
all these questi ns is "ye ."
Throughout its history, the
oped over the last few years was church has been about the
William Oliver is an United Church of Christ
pastor in Beaumont, Texas. He was the camnow
being put to the test. Officetask of defining and redefinpaign
director for Citizens for a United
holders whom they had supported
Houston.
ing its mission and ministry in the
were being required to publicly world so that it might be faithful to
take positions. God.One ofthe more common defThe
gay/lesbian community
had exercised its political muscle
initions has been the church's call responded to this task by organizing
by supporting several successful
to continue the essential ministry of an ad hoc coordinating committee
candidates for office. Among those
Jesus Christ. As recorded in Luke's that was as broadly representative
candidates was Mayor Kathy Whitgospel,
Jesus reflected this call by of the gay and lesbian organizamire.
The council's affirmative, but
reading from Isaiah 61: tions as possible and at the same
divided, vote had followed heated
The Spirit ofthe Sovereign God is
time small enough to function. The
debate and public outcry by the Ku
upon me,for God has anointed me
committee named itself Citizens
Klux Klan and other rightist groups.
to preach good news to the poor.
for a United Houston (CUH). Gay/
Soon after the council's action, the
God has sent me to proclaim relesbian
activists in the community
opposition began to close ranks
lease to the captives and recovering
ofsight to the blind, to set at liberty
quickly called on their own politiand
organized a petition drive to
cal expertise, national political rerepeal
the ordinance. They chose to
those who are oppressed, to proclaim
the year ofGod's favor.
sources, local political operatives, Since its beginning, when the
make the issue a vote on "gay
and professional campaign conchurch has faced serious moral derights,"
"gay lifestyles," and "the
sultants to advise them in preparcisions about its role in the political
fear of AIDS."
ing a campaign. arena and acted with courage, it
To understand what Houston's
churches actually did in this conhas often affirmed this prophetic
troversy, it is helpful to note what role as defender of the powerless.
Decisions were made early to Such a situation was faced by
was occurring within the city's gay/
remain low key in terms of the churches in Houston, Texas, in
lesbian community and among the
public exposure, leave the current 1984, when the city council adopted
so-called hate groups.
officeholders in the background, an ordinance prohibiting job disThe
gay/lesbian community in
and reduce the level of discoursecrimination in city employment
Houston is not monolithic and,
at least during the fall of 1984. based on sexual preference. Counthough
sizable, is often fractious to
(National general elections were cilman Anthony Hall had introthe
point of being at war with itself.
that November.) duced the ordinance following the
The threat of losing this referenThese
decisions had both posiencouragement
of the city's gay/
dum provided a crisis moment for
tive and negative results. The oppolesbian
community, which earlier
the community. All the political
clout that had been carefully develsition
was forced into a more
22/Manna for the }ow71ey
difficult position because it had
have had to be cautious in their
munity was not able to capture the
only a vague enemy to organize
imagination of the national gay/
behavior.
against and could not call upon the
lesbian community in a manner
CUH made efforts to force the
dollar resources that were then
similar to the way it was done in
leadership of the religious comgoing
into Republican campaigns.
Miami. It is difficult for a group
munity to respond faithfully to
It allowed the gay/lesbian comthat
is so new to the political arena
their commitments. The success in
munity to solidify and mobilize
this effort was limited to the public
to understand that what happens in
itself without the constant exposure
one major city may indeed seriously
statements of leaders rather than in
of the public eye. But public excitesignificant
assistance in the actual
affect everyone.
ment serves an essential role in
organizing of their constituencies.
The bishop of the United Methhelping
organize political efforts,
Despite the shortage of dollars,
and, largely because of the low-key
odist Church, the Presbytery executhe
best available poll data
approach, the campaign suffered
tive, the association minister of the
indicated that the campaign was on
Disciples of Christ, the Episcopal
from apathy and lethargy.
target. The unanswered question in
CUH hired me as a political
bishop, and a few others conferred
this data was the matter of who
with each other and issued a joint
consultant and campaign manager.
would actually show up to vote. The
They thought that my experience in
statement that was indeed suppordata
seemed to indicate that there
many victorious campaigns with
tive. This bold and courageous
were sufficient votes to win if this
some of their allies, my credentials
action opened them to criticism. It
referendum had been on the ballot
was clear, In many cases, that
as a Protestant clergyman, and my
of a regular city election.
public sentiment even within their
situation as a married heterosexual
Voters favorable to the City
own ranks did not support either
would be valuable assets.
Council's action were not as highly
the denominational policies or the
In the fall of 1984, we achieved
motivated as were those who strongcouncil's
action.
all our primary campaign objecly
opposed the ordinance. If the
Church leaders were further
tives with the serious exception of
persons who saw the issue as a "jusraising
the anticipated dollars.
frustrated in their efforts by the fact
tice" issue had been going to the
Though we had shaped our objecthat
they were in no position to
polls to vote anyway, they would
tives to keep the costs of running
control the necessary campaign
have voted with us, but they were
our campaign as low as possible,
supporting the ordinance nor to
not moved to make the effort to
even the remaining expenses could
manage the issues as they develvote
when this was the only issue
not be met. Therefore, from the very
oped. The campaign committees
on the ballot. This was not the case
beginning the effort was underon
both sides essentially functioned
with the opposition. The low turnfunded.
from their respective positions on
out of supportive persons may have
The lack of available dollars
gay/lesbian concerns without much
been partly the fault of weak adverwas
due to several factors:
consideration for where the church
tising, but more likely it was the
or the vast majority of citizens
1) The gay/lesbian community
result ofour human frailty in acting
had not developed a strong workcame
down on the issues.
on what we know is right.
That kind of circumstance is
ing relationship with the structures
Church leadership felt caught
not unique for the church. The
within the religious communityin
a special bind. For the most part,
church must often act on issues
the churches, the clergy organizanational
church bodies had made
that it would rather either avoid or,
tions, the church social-action
pronouncements opposing disagencies,
or the heavy contributors
at least, control the circumstances
crimination in employment because
under which it acts. Here was a case
within those groups.
of sexual preference. Now local
2) The gay/lesbian community
where persons were clearly captives
leadership had the task of acting in
of oppressive attitudes and policies
had no tested mechanism for raissome
manner with regard to those
ing the kind of dollars necessary,
and where there was a real opporstated
positions. The Jewish comtunity
to set at liberty those who
nor did it have a clear perception of
munity moved first and with the
the real cost in running a city-wide
suffer.
clearest statements. This was uncampaign.
Its experiences at fund
derstandable because the experience
raising had been on a much smaller
We in the church ought to
of job discrimination was so fresh
examine our role in events
scale.
in their corporate memory. The
3) The politicians. that were
like the referendum in Houston.
black church community, however,
supportive of their efforts were very
was not so supportive, largely beUnless
we learn from our failures
reluctant to share their financial
and weaknesses we will continue to
cause of the sizable number of funresource
people. They chose to
damentalist churches. In general,
be less than faithful to our calling.
guard those persons as their private
We can ill afford to leave people
the black clergy with the most polireserve.
This was especially true for
tical clout are from that tradition.
powerless and without self-deterthe
mayor, even though she stood
Mainline black Protestant clergy
mination. We can never be faithful
the most to lose by failure in this
have less recent history of political
until we learn to use the tools and
campaign.
activism; they have had to survive
resources God has given us as the
4) The local lesbian/gay comin
largely white denominations and
Body of Christ.
MallIIa for the fowlIey /23
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In order to facilitate further study ofthe issues of lesbian/gay civil rights and how you or your local church can be involved in these issues, we present some resources for your use.
Organizations
The following organizations are all national organizations working on lesbian/gay civil rights. The appropriate local organizations are too numerous to list. For more infonnation on lesbian/ gay civil rights laws and initiatives in a specific area you can contact one ofthese national organizations, a local chapter of the American Civil Liberties Union, or the local bar association.
Federation of AIDS-Related
Organizations
729 8th Street, S.E. #200
Washington, DC 20003
202/547-3101 An association of the city and state AIDS groups which work together to lobby Congress and the administration on AIDS funding, research, and public health policies dealing with persons with AIDS.
Human Rights Campaign Fund
P.O. Box 1396
Washington, DC 20013
202/546-2025
A political action committee (PAC) which distributes funds to political candidates on the basis of their support or potential support for lesbian/gay civil rights legislation. HCRF has recentlyjnstituted the "AIDS Campaign Trust" to give political contributions to candidates who support AIDS research and funding.
Lambda Legal Defense and
Education Fund
132 W. 43rd Street
New York, NY 10036
212/944-9488
A nonprofit organization which pursues litigation to counter discrimination against lesbians and gay men, as well as educational programs to raise public awareness of lesbian/gay legal concerns.
Lesbian Rights Task Force National Organization of Women 425 13th Street, N.W. Washington, DC 20004 202/347-2279
A project of NOW which has provided education, community organizing, and advocacy of legal rights of lesbians. The task force is currently inactive awaiting hiring of new staff persons.
National Gay Rights Adl'ocates
540 Castro Street
San Francisco, CA 94114
415/863-3624
Similar to the Lambda Legal Defense and Education Fund, NGRA provides legal assistance and support to lesbians and gay men involved in civil rights litigation.
National Gay and Lesbian Task Force
80 Fifth Avenue
New York, NY 10011
212/741-5800
or
2335 18th Street, N.W.
Washington, DC 20009
202/332-6483
Chiefly a lobbying and educational organization for lesbian/gay civil rights. Has 6500 members nationwide. Recently has engaged in a special project to illuminate lesbian/gay concerns through the media and a project on violence toward lesbians and gay men (see article in this issue).
Books
The books listed below are a sampling of recent writings which address issues of lesbian/gay civil rights. They represent the wide range of issues involved. A brief synopsis is given for each.
Buchanan, G. Sidney. Morality, Sex, and the Constitution: A Christian Perspectil'e on the Power of GOl'ernment to Regulate Private Sexual Conduct between Consenting Adults. Lanham, MD: University Press of America, Inc., 1985. Somewhat technical legal writing by an Episcopalian layman. Blends support for right to privacy between consenting adults with upholding the moral value of heterosexual marriage and family.
. Curry, Hayden and Clifford, Denis. Legal Guide for Lesbian and Gay Couples. Reading, MA: Addison-Wesley. 1980. A guidebook to negotiating matters of practical living which confront lesbian/gay couples; topics include buying and selling property, wills, powers of attorney.
Hitchens, Donna J. and Thomas, Ann G. Lesbian Mothers: An Annotated Bibliography of Legal and Psychological Materials. 2nd ed. San Francisco: Lesbian Rights Project, January 1983. The title says it aiL The address for ordering a copy is: 1370 Mission Street, 4th floor, San Francisco, CA 94103.
Knutson, Donald, ed. Homosexuality and the Law. New York: The Haworth Press, Inc., 1980. A double issue of the Journal of Homosexuality 5 (Fall-Winter 1979/80). Topics include constitutional right to privacy, employment discrimination laws, the rights of homosexual aliens, and a review of legal developments in the lesbian/gay rights movement.
Marotta, Toby. The Politics of Homosexuality. Boston: Houghton Mifflin Company, 1981. A historical review and political analysis of the development of the lesbian/gay liberation movement in New York City in the 1970s.
Norwick, Kenneth P., ed. Lobby for Freedom in the 1980's. New York: G.P. Putnam's Sons; Perigee Books, 1983. A practical guide to influencing local/state governments. One chapter is on gay rights. Appendix has many sample materials for a local campaign.
Shilts, Randy. The Mayor of Castro Street. New York: St Martin's Press, 1982. A biography of gay activist and San Francisco Supervisor Harvey Milk and also a review of the recent lesbian/gay political movement
Stoddard, Thomas B.; Boggan, E. Carrington; Haft, Marilyn G.; Lister, Charles; and Rupp, John P. The Rights of Gay People. New York: Bantam Books, 1983. Published by the ACLU, this is a concise authoritative guide to securing and/or protecting the legal rights of lesbians and gay men. Appendices include texts of many statutes and a bibliography.
The Gay Writers Group. It Could Happen to You: An Account of the Gay Rights Campaign in Eugene, Oregon. Boston: Alyson Publications, 1983. The May 1978 struggle was lost, but much was learned along the way. Helpful for communities where ordinances are being proposed.
24 / Maflfla jar the ]ow71ey