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New Mexico Appeals Court Rejects Claim That Religious Right Can Ignore Anti-Discrimination Laws

Unlike federal law, which does not explicitly protect against discrimination targeting gay men and lesbians, New Mexico law forbids “any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services” because of their sexual orientation. Nevertheless, a New Mexico photography company refused to photograph a same-sex couple’s commitment ceremony, claiming that it is immune to the law because it’s owners are Christian conservatives. Last week, a New Mexico appeals court rejected this claim, tossing out several arguments including the suggestion that the Constitution’s guarantee of religious liberty includes the power to simply ignore anti-discrimination laws:

A state implicates the free exercise clause when it places burdens upon religious practitioners because of their affiliation or beliefs. But “the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).” . . . [T]he case at bar is generally applicable and neutral; it does not selectively burden any religion or religious belief. [New Mexico's anti-discrimination law] applies generally to all citizens transacting commerce and business through public accommodations that deal with the public at large, and any burden on religion or some religious beliefs is incidental and uniformly applied to all citizens.

The New Mexico court’s decision highlights exactly what is at stake if courts adopt some of the outlandish theories of “religious liberty” being advanced by Catholic bishops and by leading conservative lawmakers. Although this case dealt with anti-gay discrimination, if religious conservatives are permitted to ignore laws protecting gay people (or, quite possibly, laws ensuring that women will have access to birth control) than the same reasoning would exempt people with religious objections to laws forbidding discrimination against African-Americans or women.

Real-Life Dads From JCPenney Ad Respond To Anti-Gay Outrage: ‘We’re Not Ashamed Of Our Family’

JC Penney's new Fathers' Day ad

JCPenney recently incited backlash from the American Family Association’s One Million Moms for featuring a gay couple in one of their Fathers’ Day advertisements when OMM suggested that the department store was “promoting sin” with their inclusive advertising.

Gay couple Cooper Smith and Todd Koch responded today to the negative and positive attention their ad has received, saying that the positive support has been overwhelming and the criticism doesn’t bother them because “we’re not ashamed of our family.” Smith pointed out that the ad shouldn’t be controversial because it just reflects the day-to-day life of his family:

SMITH: The ad just reflects our life. We care about the exact same things any other parents care about. Are our kid safe, are they happy, are they getting to school on time and have they eaten lunch yet?

Watch it:

Despite OMM’s repeated protests against the company, JCPenney has demonstrated a commitment to LGBT equality over the past year, refuting the criticism for their decisions to bring on openly-gay comedian Ellen DeGeneres as a spokesperson and feature a lesbian couple in a Mothers’ Day ad.

NEWS FLASH

Vatican Condemns Nun’s Support For Marriage Equality: ‘This Opinion Is Not Acceptable’ | The Vatican is continuing its crackdown on American nuns and has denounced Sister Margaret A. Farley for her book, “Just Love: A Framework for Christian Sexual Ethics.” The office has condemned the book, which argues that “same-sex relationships and activities can be justified according to the same sexual ethic as heterosexual relationships and activities,” as an unacceptable position inconsistent “with authentic Catholic theology.” This statement comes as only a part of a larger effort on the part of the Vatican to reign in “radical feminist themes incompatible with the Catholic faith.” A majority of Americans disagrees with the Vatican.

– Nina Liss-Schultz

NEWS FLASH

Former NFL Player Talks About Being Gay In Professional Sports For The First Time | Wade Davis, a former cornerback for the Washington Redskins, spoke out publicly this week about his experiences as a closeted gay man playing in the NFL during interviews with Out Sports and SB Nation. Davis, who retired in 2003, says he never told any of his teammates that he was gay while still on an NFL payroll for fear of jeopardizing his relationships on the team. “You just want to be one of the guys, and you don’t want to lose that sense of family…Your biggest fear is that you’ll lose that camaraderie and family,” Davis told Out Sports. To date, no active NFL player has come out, although a recent series of interviews with some of the game’s biggest stars reveal that historically chilly attitudes towards the LGBT community may be thawing throughout the professional sports world. Watch the full interview:

NEWS FLASH

In Victory For Marriage Equality, Appeals Court Declines To Reconsider Proposition 8 Case | The U.S. Court of Appeals for the Ninth Circuit today decided not to re-hear the case for Proposition 8, California’s ban on marriage equality. A three-judge panel previously found the amendment unconstitutional, but lawyers asked for a trial by a larger 11 judges panel. Since those judges have now decided not to hear the case, its next logical step is the Supreme Court.

Update

It’s worth noting that only 4 of the Ninth Circuit’s 27 active judges indicated that they wanted this case to be reheard. Three of those judges, Diarmuid O’Scannlain, Jay Bybee and Carlos Bea joined a dissent from the denial of rehearing which cited President Obama to claim that marriage discrimination should remain the law in California:

A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”

POLL: Even Vast Majority Of Republicans Believe LGBT Teachers Should Be Protected From Discrimination

A new Pew Research Center American Values survey shows a massive shift among Democrats, Independents and Republicans in their views about employment discrimination protections for gay and lesbian teachers. While just 25 years ago, 51 percent of Americans said school boards should be able to fire teachers purely based on their sexual orientation, that number has dropped to just 21 percent today.

As the New Civil Rights Movement noted today, even among Republicans, the shift has been just as seismic. In 1987, 59 percent of Republicans believed employment discrimination against teachers should be allowed; today that number has declined to 29 percent.

This drastic change indicates that American’s are increasingly understanding that discrimination against LGBT people is not just wrong, but also bad business. And with more education and understanding, that number will eventually drop to zero.

Unfortunately, on this subject, government has not yet caught up to the American people. There is no federal law protecting LGBT employees from discrimination. And while 21 states and the District of Columbia have enacted protections against discrimination based on sexual orientation, in 29 states it remains legal to fire an employee just because he or she is — or even seems — gay, lesbian or bisexual.

Congress should enact the Employment Non-Discrimination Act and ensure that no student is denied an excellent teacher to the small minority who still want to discriminate.

NEWS FLASH

Methodist Ministers Buck Church Leadership On Gay Marriage | In response to an anti-gay vote by their church, dozens of Methodist pastors signed a protest document supporting marriage equality this weekend. At the United Methodist Churches’ global conference of leaders in Iowa, the church voted that its “book of doctrine and rules would continue to call the practice of homosexuality ‘incompatible with Christian teaching.’” Seventy pastors, along with around 400 other lay Methodists, chose to sign on in support of LGBT equality.

NEWS FLASH

Trans Woman Sentenced To Three Years In Men’s Prison | When CeCe McDonald and a group of her black friends were accosted and physically attacked by several white individuals, including having a cocktail glass smashed in her face that cut through her cheek, she chose to defend herself. At the end of the fight, the white man was dead, and McDonald was arrested for stabbing him. She accepted a deal, pleading guilty to second-degree manslaughter. Yesterday, she was sentenced to 41 months, and at least initially, she will serve in a men’s prison. At some point, the state will make its own determination of her gender through some form of “physical and psychological evaluation.” Given trans women are 13 times more likely to be sexually assaulted in prison, this sentencing is truly cruel, and the impending evaluation could be unnecessarily invasive, as well.

Therapy Survivor Calls Out Ex-Gay Advocate’s Bullying On Dr. Drew

Last night on his HLN show, Dr. Drew interviewed Janet Boynes, friend of Marcus and Michele Bachmann, about her ex-gay identity and advocacy. She unsurprisingly reiterated her belief that “change is possible through [Jesus Christ],” a message she profits off of through her book and the counseling she offers through her ministry. Luckily, her message was interrupted by a caller who happened to be sexologist Jallen Rix, a survivor of ex-gay therapy who now advocates against the harmful and ineffective treatment:

RIX: As an ex-gay survivor myself, and now as a sexologist, who has studied the damaging effects of reparative therapy and ex-gay ministries, I can tell you that I have been inside these ministries and they are hotbeds of religious abuse. I have really never seen anyone truly change their orientation and what I’ve experienced there has been great shame, great depression, and others feeling hopelessness, having suicidal tendencies, heightened fear, all these things not because they’re trying to work the process but because the process did not work for them. As a result, they felt like a failure.

You know, you’re talking about pain. I think we need to look very carefully at the messages that reparative therapies and ex-gay ministries put out. Because essentially they are saying that homosexuality does not really belong in their society. If there was a real perfect society, everyone would be heterosexual. How close is that message to what the bully says, when he says, “Well, you know what? I don’t think you, as a homosexual, belong around, and I’m going to do something about it.”

Boynes responded that she merely provides spiritual guidance and proceeded to complain that she is the victim because people attack her church. Watch it:

Of course, the biggest problem in the media, as was evident in this very segment, is that ex-gay advocates have the chance to provide “balance” for their junk science while ex-gay survivors are often excluded from the segment.

Boynes is a phony who profits off of shame and stigma. She admitted in her own book that she has attractions to men, suggesting she’s not ex-gay at all, but rather a bisexual woman who doesn’t act on her same-sex attractions. Rix was also correct in his implication that she is a bully. She was one of many individuals trying to maintain a norm of anti-gay bullying in Anoka-Hennepin School District, testifying that “gay activists will continue to use the curriculum as a means to force an acceptance of this behavior on kids and this school district.” Her message is one of harm, and thankfully Rix took it upon himself to make sure it did not go unchallenged on the air.

The Morning Pride: June 5, 2012

Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

- The Chevy Volt came out of the closet for Motor City Pride.

- Indianapolis is considering domestic partner benefits.

- Openly gay New York Sen. Tom Duane (D) is retiring.

- Fox News’s Todd Starnes attacked the winner of the Miss USA pageant for her support of transgender contestants.

- A Lancaster, Pennsylvania newspaper has reversed its decision after initially refusing to print a same-sex engagement announcement, saying it was not “consistent with prevailing community standards.”

- Fellow blogger Jeremy Hooper has released a new book about his life of LGBT activism. Check out “If It’s a Choice, My Zygote Chose Balls“:

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