Going toe-to-toe with the Christianists

Today on one of my favorite blogs in the whole world, Pam’s House Blend, we get the otherwise cryptically-named article by Pam Spaulding herself entitled:

And Blankenhorn and Rauch think these people will compromise on marriage?

(The cryptic reference to Blankenhorn and Rauch is to an op-ed piece on compromise in federal recognition of civil unions that ran earlier in the week in The New York Times, A Reconciliation on Gay Marriage, by By DAVID BLANKENHORN and JONATHAN RAUCH
Published: February 21, 2009 )

I won’t go into the proposed “compromise” here – that’s not the thrust of Pam’s thoughtful essay.

What Pam writes about here is the right-wing Christianist rhetoric about gays that rings lodly in the halls of Congress and the inner recesses of our state legislatures. Today’s featured nutcase is Colorado State Senator Scott Renfroe, a Republican from Greeley, Colorado.

Renfroe was quoted in opposition to a bill to grant insurance benefits to gay partners of state employees (a bill that passed in the Colorado Senate after his less-than-inspiring speech) as saying “I oppose this bill because of what my personal beliefs are. I think that what our country was founded upon was those beliefs also.”

What are Renfroe’s beliefs? He certainly can’t be a Christian. Then again, even Pope Benedict XVI isn’t really a Christian. People with the sort of belief about LGBT people that Renfroe has, if they claim to be Christians, are lying. They’re Christianists – people who pervert and twist the kerygma of the message of the Good News, and use it as a justification for attempting to take their bigoted feelings about people who are different from themselves, and make their bigotry the law of the land.

How do we deal with the Christianists? Toe to toe on the theological level.

Every time they cite Leviticus 18:22:

"Thou shalt not lie with mankind, as with womankind: it is abomination"

We should turn the other cheek with 1 Samuel 18:3:

“Then Jonathan and David made a covenant, because he loved him as his own soul”

and 1 Samuel 18:21 (KJV and most other translations are confused):

"And Saul said, I will give him her, that she may be a snare to him, and that the hand of the Philistines may be against him. Wherefore Saul said to David, Thou shalt this day be my son in law in the one of the twain,"

giving the impression that David will be marrying one of Saul's two daughters. So let’s not use the old KJV or other mistranslations of this verse. The literal and accurate Darby gives us:

"And Saul said, I will give him her, that she may be a snare to him, and that the hand of the Philistines may be upon him. And Saul said to David, Thou shalt this day be my son-in-law a second time."

The first time was with Saul's son Jonathan, the second with Saul's daughter Michal). That means David and Jonathan were married.

The American Standard version (ASV), also a reasonably good translation, differs from Darby in only two words:

"And Saul said, I will give him her, that she may be a snare to him, and that the hand of the Philistines may be against him. Wherefore Saul said to David, Thou shalt this day be my son-in-law a second time."

John Nelson Darby was the leader of the Plymouth Brethren movement in the 1800s. He was extremely gifted in linguistics. Darby is reputed to be a very rich and accurate translation. By going to the available original language sources rather than translating from St. Jerome's Latin Vulgate, (Douay-Rheims does the best job of that, but most non-Catholic Christianists think that the KJV was "authorized" by God rather than King James . . . ), Darby gets to the essence of what otherwise looks like a completely fumbled passage. After all, when homophobes do the translating, they're more likely to try to obscure the meaning of anything quite as powerful an example of same-sex marriage clearly stated in the Bible as the sacred covenant between David and Jonathan.

How does this relate to Leviticus 18:22? Simply put, at worst this verse from the "holiness code" relates only to a single kind of male-male sexual activity. Some theologians will also link this prohibition to the story of Sodom, and indicate that it relates only to the practice of anal rape, commonly used in the ancient Near East as a way to humiliate a defeated enemy by "using him as one would use a woman" (which has nothing to do with a loving gay relationship). Others would link it to a prohibition of sacramental religious relations with transgendered priestesses of Near East agricultural goddesses (Astarte, Ishtar, etc.), relating more to Caananite religion as the forbidden "competition" for the Hebrews at the time of Leviticus.

The Christianists and their erroneous understanding of Sacred Scripture can be challenged, and should be challenged, on their own theological turf. Too often LGBT people will turn away from Christianity, thinking that the Christianists are the bearers of the Good News. They are not - they pervert the Bible with their Un-Chriatian foul bigotry spawned by Satan. Unless they repent they will be numbered among the goats on the Day of Judgment, asking in their confused false righteousness:

"Lord, when saw we thee . . .a stranger, . . . and have not ministered to thee?

Then shall he answer them saying, Verily I say to you, Inasmuch as ye have not done it to one of these least, neither have ye done it to me.

And these shall go away into eternal punishment, and the righteous into life eternal."

- Mt. 25:44-46 (Darby)

This relates back to one of my favorite passages, Isaiah 56. I often will cite verses 3-5, but see 6-7:

Also the sons of the stranger, that join themselves to the LORD, to serve him, and to love the name of the LORD, to be his servants, every one that keepeth the sabbath from polluting it, and taketh hold of my covenant;

Even them will I bring to my holy mountain, and make them joyful in my house of prayer: their burnt offerings and their sacrifices shall be accepted upon mine altar; for mine house shall be called an house of prayer for all people.

- Isaiah 56:6-7 (KJV)

Strangers are not only those who are from foreign countries and cultures, but also those in our midst who are different by our natures or circumstances from the majority - whether it be based on race, ethnicity, gender, gender identity, sexual orientation, disability, etc.

Real Christians embrace the wonderful diversity in God's creation, while Christianists, even the Pope, abhor it. Like the men of Sodom, their desire is to obliterate us, to humiliate us, to deny us human rights and common decency, solely because we are different, because we are "strangers," because we are aliens in our own native land and culture.

Marriage Equality in the Year of St. Paul

Until June 29, 2009, the Roman Catholic Church is celebrating a special jubilee year dedicated to commemorate the approximate 2000 years since the birth of St. Paul the Apostle.

In honor of St. Paul, let’s start this essay as a meditation on his writings on the issue of the purpose of marriage, expressed in 1 Corinthians 7:8-9:

8 Now to the unmarried and the widows I say: It is good for them to stay unmarried, as I am.

9 But if they cannot control themselves, they should marry, for it is better to marry than to burn with passion.

In addition to this passage from St. Paul, let’s take a look at the recent reports coming from the Roman Catholic Diocese of Raleigh, North Carolina, reported in an article in The Raleigh News and Observer on Sunday, February 15, 2009, entitled Push is on for same-sex celibacy: Raleigh diocese directs ministry at gays, lesbians

I learned about this from a blog essay written by Pam Spaulding, the proprietress of the Pam’s House Blend blog (a blog I highly endorse for its well-written essays), entitled Raleigh, Charlotte dioceses pushing same-sex celibacy, NC marriage amendment

Now that I’ve identified the sources of the reportage, let’s get to meat of the reports.

It seems that the Diocese of Raleigh is embarking on two initiatives related to marriage:

First, the Raleigh diocese is organizing a diocesan chapter of Courage, a group that encourages gay Catholics toward a celibate life, and

Second, the Bishop of Raleigh is planning on joining with the Bishop of Charlotte (also in North Carolina) on February 24, 2009 to endorse a proposed amendment to the North Carolina state constitution to define marriage solely as the union of one man and one woman, to enshrine in the state constitution a ban against equal marriage rights for non-heterosexual people.

I actually don’t object to the bishop starting up a Courage chapter – but I believe that Courage itself is too limited in its scope. It should be aimed at all unmarried Catholics, and not just those with a homosexual orientation. The reason is very much associated with 1 Corinthians 7:8-9.

While I would welcome an expanded Courage aimed at all sexual orientations, I strongly object to the bishops in North Carolina on the one hand trying to discourage promiscuity only for gays by pushing celibacy on them (which works only for those few actually called to a celibate life), and at the same time encouraging the adoption of a constitutional anti-marriage amendment that would serve the opposite purpose, as a secular encouragement of promiscuity in the gay population.

I also disagree with the Roman Catholic hierarchy on its objection to the idea of marriage as a sacramental covenant that is not open to non-heterosexual people. Holy Matrimony as a sacrament should be open to non-heterosexual couples on the basis of the sacred marriage covenant entered into between David and Saul’s son Jonathan (see 1 Samuel 18).

Why do I take these points of view?

Simply because anyone who reads and understands the Bible properly must know that the Church (and all Christian leaders) should, like St. Paul, be teaching that the highest calling for all Christians is to celibacy, while marriage, even though a sacremant as well as a civil right, should be seen only as the last resort for those Christians whose libidos are such that they cannot remain celibate.

By closing the option of sacramental marriage to gays and lesbians, the Roman Catholic hierarchy sets up those of them who cannot live a celibate life, and who, being unmarried *and* without an option to marry, cannot contain their sexual libidos, to a life the Church can in its gross immorality gleefully condemn as sinful.

(A preferable alternative and truly moral point of view is to understand that God does not require the impossible. If marriage is not a sacramental or secular possibility for gays and lesbians, any actions they take to assuage their libidinal feelings outside of marriage cannot be sinful – they have no option to marry, God does not require the impossible, and thus the Church cannot reasonably expect all gays and lesbians to be called to celibacy.)

By closing the option of sacramental marriage to gays and lesbians, the Roman Catholic hierarchy also actually encourages them to enter into lives of promiscuity – by providing no moral alternative. It is a wonder that so many gays and lesbians are able to find a way to live non-promiscuous lives with long-term partners in informal or even legally recognized domestic partnerships, civil unions, and civil marriages. And wise governments, seeking societal stability, will find ways to encourage marriage as a choice for all. The Church, however, ignores this phenomenon and paints a picture of a “homosexual lifestyle” that is purely sybaritic, self-indulgent, decadent and promiscuous. It is this “lifestyle” that the Church creates as a straw man – as if the only alternative for the gay population is celibacy.

On the Raleigh diocese website, this promiscuous “gay lifestyle” is the main reason for the creation of Courage. The diocesan webpage starts with a quote from “Mark,” a Courage member:

“I thought I had the homosexuality under control. I'd been a Catholic for five years, went to daily Mass, prayed the rosary daily, went on one or two retreats a year, and volunteered at my parish. Yet, after a series of crises occurred, I once again became involved in addictive, homosexual behavior. So what happened?”

“Addictive homosexual behavior” is a code word for that straw man “promiscuous gay lifestyle.” I’m not about to deny that such a lifestyle actually exists – but I will deny that it is the only path taken by gay people.

The diocese goes on:

In a recent interview, Fr. Check talked about his experience in counseling those with SSA. “The problem of same-sex attraction does not reduce well to a few words,” he said. “It is certainly no place for slogans or hastily formed conclusions. Most importantly, it calls for abundant and genuine charity, something that in my opinion tends to be conspicuous in its absence from much of the discussion of the topic.”

NCC spoke with a Raleigh woman active in Encourage. Her son was 23 when he announced defiantly – by email -- that he was gay. “I was devastated,” she says. “My son was sinning, alienating himself from me and from God, and I didn’t know how to parent him. All I could say to him was, ‘I love you with all my heart. Stay close to God.’” In her search for compassion and support, she learned about Courage/Encourage in 2004, and became an advocate for the establishment of a chapter in the Diocese of Raleigh.

The perception that people with SSA are happy is a myth, she says: “When my son is ‘acting out’ the SSA lifestyle, his whole personality changes. He becomes distant, cruel and defensive. When he’s not living it, he’s just the opposite, compassionate and empathetic.”

“The problem of same sex attraction is often vexing to those who struggle with it,” Fr. Check concurs. “Shame, loneliness, and a sense of hopelessness are the enemies. Often people with SSA also struggle with sexual addiction, drug or alcohol abuse, depression, anxiety or other mental illness. This remains true even in the places where sexual promiscuity is widely tolerated.”

This whole line of reasoning is specious. That mother would have done herself and her son a lot more good had she gotten involved with her local P-FLAG ghapter. This whole straw man “SSA lifestyle” (SSA = same sex attraction) is not any different from an OSA lifestyle (where OSA means “opposite sex attraction.” Let’s see how much sense the foregoing makes if we make the substitution (and also, as the Church seems to do with SSA, make the same assumption about OSA, that it involves lots of wild promiscuous sex parties):

In a recent interview, Fr. Check talked about his experience in counseling those with OSA. “The problem of opposite-sex attraction does not reduce well to a few words,” he said. “It is certainly no place for slogans or hastily formed conclusions. Most importantly, it calls for abundant and genuine charity, something that in my opinion tends to be conspicuous in its absence from much of the discussion of the topic.”

NCC spoke with a Raleigh woman active in Encourage. Her son was 23 when he announced defiantly – by email -- that he was straight. “I was devastated,” she says. “My son was sinning, alienating himself from me and from God, and I didn’t know how to parent him. All I could say to him was, ‘I love you with all my heart. Stay close to God.’” In her search for compassion and support, she learned about Courage/Encourage in 2004, and became an advocate for the establishment of a chapter in the Diocese of Raleigh.

The perception that people with OSA are happy is a myth, she says: “When my son is ‘acting out’ the OSA lifestyle, his whole personality changes. He becomes distant, cruel and defensive. When he’s not living it, he’s just the opposite, compassionate and empathetic.”

Of course, if a person living a real promiscuous OSA lifestyle then turns to God, the Church might encourage that individual to settle down into a marriage, if he or she can’t remain celibate.

The Church presents no moral alternative to gays and lesbians – only the (impossible for most) idea of living a celibate life. And the treatment of “internalized homophobia” blames the homosexuality itself for the effects of what one might fairly refer to as a “culturally-induced stress disorder.”

Let’s take another look at the last of the originally-quoted paragraphs:

“The problem of same sex attraction is often vexing to those who struggle with it,” Fr. Check concurs. “Shame, loneliness, and a sense of hopelessness are the enemies. Often people with SSA also struggle with sexual addiction, drug or alcohol abuse, depression, anxiety or other mental illness. This remains true even in the places where sexual promiscuity is widely tolerated.”

This is turning the whole problem upside-down! The side effects come from the lack of self-acceptance found in those who feel conflicted between the false teachings they have been exposed to about their natural orientation, and their experience of the orientation itself. The struggles cease when the individual comes to the realization that the Church is wrong, and that the individual can be good and moral and loved by God even if they are gay and having a chaste gay relationship.

The Church finds itself in this conundrum, and is itself the cause of so much of the grief (though secular society and parents and family members must also share some of the blame), because its moral theology starts with false premises about natural law. When the Roman Catholic hierarchy insists that "homosexual acts" are sinful for those with a "homosexual inclination," the hierarchy relies on a false understanding of Natural Law. Homosexual acts are only sinful for those with a heterosexual inclination (they should read and understand Romans 1 with the insight that an "act in accordance with (one's) nature" is not an "act against Nature").

The Roman Catholic Church insists on celibacy as a test for a priestly vocation - to insist that all whose sexual orientation is not heterosexual must be celibate or sinful is a perversion of the message of scripture.

The hierarchy should take a closer look at St. Paul – and to the story of David and Jonathan.

It’s about time that the Roman Catholic Church re-examined its schizophrenic teachings about homosexuality – on the one hand, that gays be treated with respect, and on the other hand, that homosexual activity cannot be condoned.

Such a teaching flies in the face of St. Paul’s teaching – sure, in context, Paul was writing directly about heterosexual people – but the point is extendable to non-heterosexual people as well.

God does not expect the impossible. For those of any sexual orientation who are called to celibacy, God will provide sufficient (and efficacious, if they exercise their free will to do so) grace for them to be celibate. For those who cannot remain celibate because they burn with libidinous passion, regardless of their orientation, a legal, moral and sacramental path must be made available for them to be able to live chaste lives within a marital bond.

To that end, an organization like Courage should be open to all unmarried Catholics – who, straight or gay, should be strongly encouraged to remain virginal, chaste and celibate as their primary goal – and that only those Catholics (and all other Christians) whose souls burn with sexual desire that they cannot completely control should be allowed to marry. (Of course, for those who are not Christian at all, there would be no need for the secular law to address the idea of celibacy as a calling – secular law should permit equal marriage rights for all as a matter of providing a level playing field.

To St. Paul, it’s clear that marriage for the Christian is not for procreation – that was a value suitable solely for those who lived before Christ came as the Redeemer, and for pagans and unbelievers. For those who have accepted Christ, and are not already married at the time they are baptized as Christians, the primary calling is clearly to celibacy. . . if they can handle it. Celibacy should not be the expectation only for priests, gays and lesbians.

Oh, and if I didn’t mention it earlier in this essay (I didn’t), the Church has painted itself into the same sort of moral corner with the trans population. We are not allowed to marry the same sex (or the opposite sex). We, too, are all expected by the Church to achieve the impossible (impossible except for a few) that God does not expect.

God does not expect the impossible - why should the Roman Catholic Church?

In defense of Lynn Conway

After looking at the caption of a disturbing message that came into my e-mailbox ("Kenneth Zucker attacks Dr. Lynn Conway's freedom of speech"), and doing some research, I don't think the caption is accurate: it's not an attack on Dr. Conway's freedom of speech; it is a scurrilous attempt to falsely discredit Dr.Conway as a liar and a defamer.

I took a look at the letter and the attachments mentioned in the message. these are found at the following hyperlink:

http://www.intersexualite.org/Zucker-attacks-freedom-of-speech.html

It does not appear to me that Dr. Conway's site itself contains defamatory material. The paragraph quoted on her site from the linked site contains no defamatory material. The fact that there is a hyperlink, and other material on the linked site that may arguably be defamatory (assuming they are untrue and malicious) should be immaterial - the link in question is the equivalent of a citation in an academic thesis - it indicates "here is the source for the quote." Under US and Canadian law, it is clear to me that Dr. Conway's use of the hyperlink is protected from "Dr." (an honorific I don't recognize in his case) Kenneth Zucker (who is better referred to hereafter, like Lord Voldemort in the Harry Potter books, as "[he who must not be named]"). [He who must not be named] and his lawyer know or should know better.

In the meantime, the actual material alleged to be defamatory is confusing from a grammatical point of view.

". . . alleged that as a child [he who must not be named] had sexually abused her."

Was [he who must not be named] a child at the time? Was the alleged victim a child at the time? (Of course the answer to these questions becomes immaterial if there was no actual sexual abuse that occurred - they'd be on the order of "when did you stop beating your wife" when asked of someone who has no wife, or if he has one, has never beaten her.)(Please note that I am not intending to imply that [he who must not be named] has sexually abused anyone - my sole purpose in quoting the material is to point out the grammatical vagueness.)

My idle question about whether the alleged perpetrator or the alleged victim was a minor at the time would be pertinent only if the accusation regarding sexual abuse was true. Peter M. Jacobsen, the author of the lawyer letter harrassing Dr. Conway, does not indicate in what way the arguably false statement is alleged to be untrue - is it because he is interpreting it as meaning that at the time of the (presumed) abuse, the quoted material indicates that his client was underage, or that the purported victim was underage, and that the *opposite* interpretation is true? Is it false because both parties were adults? That they were b oth adults and any sexual contact was consensual? Or are we to understand that the falsity is related solely to the allegation that sexual abuse took place, regardless of the age of the alleged perpetrator or purported victim? Mr. Jacobsen does not make that clear, and this makes us wonder about how this might be similar to former President Bill Clinton's assertion under oath that

"I did not have sexual relations with that woman."

(which, BTW, was true - as long as by sexual relations one expressly means "sexual intercourse.") I am going to make the assumption that the lawyer here believes that the falsity is based on the accusation that sexual abuse took place regardless of the relative ages of the parties. Anyway, so much for reporting on the first thing that crossed my mind in a stream of consciousness as I read the letter and its enclosures.

Turning to matters of legal substance, it's clear to me that this allegation of second-hand defamation by a mere referential hyperlink is an attempt to silence Dr. Conway, who has been an outspoken critic of people like Kenneth Zucker (oops, I mean [he who must not be named]) and Michael Bailey.

The author of the letter, who might be a Canadian lawyer (I have no idea if he is or is not) who at least dabbles in the law of defamation should be aware of the 2008 decision in Crookes v. Wikimedia Foundation Inc., (he can look up the citation himself) in which a Canadian court held that the publication of a hyperlink to an allegedly defamatory site is not "publication" within the ambit of the law of libel. Canada ordinarily treats "free speech" issues with much stricter regulation than the United States, but this case does not follow commonwealth decisions that go the other way, notably in Britain and Australia. If Lynn's site had said "go to this link to learn the shocking truth about [he who must not be named]" then the Canadian court would have been more likely to have found the publication of the link to be defamatory. In this case, though, all the link is, is the equivalent of an academic citation to the original source material for the material that was actually quoted.

A PDF with the entire Crookes decision is found here, at the following hyperlink:

http://www.p2pnet.net/stuff/crookes%20vwikimedia.pdf

Trying to find American cases is a little more difficult - here is a hyperlink to a US COURT OF APPEALS FOR THE ARMED FORCES decision in an unrelated matter (actually a child pornography case under the Uniform Code of Military Justice) that relates to the publication of a hyperlink being held to not equal publication of the information contained in the hyperlink:

http://pub.bna.com/eclr/070199_051408.pdf

On the other hand, we have a federal statute that is clear and on point - 47 U.S.C. 230 (c) (1), which is one part of the 1996 Communications Decency Act that survived judicial review. Section 230 provides:

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

- and just in case someone thinks a state or local law has to be checked, the answer is no - that's covered by 47 U.S.C. 230 (e) (3), which states:

“No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section."

It is clear that Dr. Lynn Conway should be able to use a hyperlink as a citation to a site that arguably contains defamatory material, as the source of the non-defamatory material contained on her own site.

There is a California case interpreting the language of the statute, Barrett v. Rosenthal (40 Cal. 4th 33; 146 P.3d 510; 51 Cal. Rptr. 3d 55; 2006 Cal. LEXIS 13529), which makes it clear that the federal law is not limited to protecting ISPs but is also applicable as protection for so-called "distributors."

I would suggest that Peter M. Jacobsen do a little basic research on United States and Canadian law before sending threatening "lawyer letters" on behalf of his clients that appear to have no legal basis.

But let's get to the bottom line here: We know that [he who must not be named] performs harmful reparative therapy on children. I have seen some of the results of his so-called therapy on television, and I am sorry to say that on the basis of the mental suffering caused by his abusive treatments, this is a person whose credentials should be revoked, strictly on the basis of the fact that his treatments are abusive of the children he is purporting to treat. It is an outrage that this man has any connection with the American Psychiatric Association, much less a chairmanship of a committee rewriting a portion of the DSM. I may only have a BA in psychology and a JD (you can call me "Dr." too, but that's not customary), and I am not likely to ever be called upon as an expert witness on matters of child abuse, but I know the results of child abuse when I see them. And Kenneth Zucker's reparative therapy on children with gender identity issues *is* child abuse. Truth is an absolute defense under the law of defamation, so it does not bother me to make the allegation of child abuse solely on the basis of having seen television clips of children that Zucker (Darn, I mean [he who must not be named]!) has treated.

What [he who must not be named] and his lawyer are doing here is prestidigitation - they are trying to paint Professor Conway falsely with a "libel" brush in an attempt to discredit her, to take the focus off the abuse this man is foisting off on the public as treatment for children exhibiting a cross-gender identity, regardless of how the child ultimately resolves the identity issue as an adult.

Professor Conway deserves our support. I hope she continues to speak out on issues that affect us. And I hope that she is not deterred by threats of legal action that are intended to discredit her falsely.