VI.)   The BJCPA: Working to make gay legislation “politically salable.” 

 

1.      The issue raised in this section of our BJC flyer is the BJC’s willingness to work with gay and lesbian groups to convert gay legislation that was “politically doomed” into “politically salable” legislation by crafting a “religious exemption.”  This is one more example of the difference between the SBC’s Christian Life Commission (now Ethics and Religious Liberty Commission or ERLC) and the BJC’s perspective and approach to religious liberty issues.  In defense of the BJC, Mr. Tichenor argues that BJC general counsel Brent Walker’s comments about making gay legislation “politically salable” were ripped out of context.  The full text of those statements, however, are included on page 4 of our BJC flyer. 

 

2.      Tichenor also argues that the BJC’s real purpose for getting involved in the gay legislation was “to exempt churches and religious organizations from having to comply with the provisions of the proposed legislation.”  He continues, “The truth is that the BJC was seeking to protect the right of churches and religious organizations to not have to employ homosexuals…”  But, in a Baptist Press article, dated June 2, 1995, the BJC’s religious exemption from the gay legislation called ENDA (Employment Non-discrimination Act) was discussed by CLC executive director Richard Land:  “The CLC’s Land said the exemption was insufficient and the BJC’s role offensive.  ‘Our analysis of this legislation is that the exemption would not have provided absolute protection to the Baptist Sunday School Board,’ Land said.  ‘Most, if not all, SBC agencies, Christian bookstores, Christian schools and some churches would also be vulnerable due to the BJC’s inadequate exemption.  It is outrageous and deeply troubling that the BJC would consider a homosexual rights bill to be all right, so long as it contains a token exemption for religious institutions and churches, without regard to religious liberty rights of individuals.  In other words, the CLC believes that a Christian business owner should have the right to make judgments of character and not to hire homosexuals, whereas the BJC would not protect such individual religious practices.  The BJC’s exemption betrays the acceptance of a mind-set which grants mere toleration to those of us who oppose homosexuality, while at the same time requiring absolute religious freedom to those who practice homosexual lifestyles.’  The CLC will oppose any bill granting civil rights protection to homosexuals, even if there is an ‘air-tight’ religious liberty exemption, Land said.” 

 

3.      According to a 1997 Associated Baptist Press story, “[ENDA] would not apply to businesses and organizations with less than 15 employees.  Religious organizations would be exempt from ENDA’s provisions.  However, religious entities involved in for-profit operations would have to comply.”  In the same article, former BJC general counsel Buzz Thomas, now special counsel for the National Council of Churches, “submitted testimony in support of ENDA, calling it an act of justice.  ‘As a child of God, every person is endowed with worth and dignity that human judgment cannot set aside,’ said Oliver Thomas, special counsel for the National Council of Churches.  ‘Furthermore, we understand that as Christians we are called to love our neighbors as ourselves without exception.  These principles guide us to believe that every person is entitled to equal treatment under the law.’”  The article continues, quoting the current general counsel for the BJC, making very clear the BJC’s position on the ENDA legislation: “Another religious liberty specialist, however said ENDA’s guidelines would provide the appropriate amount of protection  The exception for religious organizations is critical to protect religious freedom,’ said Brent Walker, general counsel for the Baptist Joint Committee.  But those with religious objections to hiring homosexuals should not be able to discriminate when they engage exclusively in for-profit enterprises.’”  (ABP article, “Employment non-discrimination bill creates debate among religious groups,” Oct. 30, 1997)     

 

4.      The National Council of Churches’ support for ENDA should come as no surprise.  In a May 4, 1993 press release from the United Church of Christ, NCC general secretary Joan Brown Campbell and two NCC presidents - Gordon L. Sommers and Bishop Melvin G. Talbert - presented their names in testimony before the U.S. House of Representatives in support of lifting the ban on Gays in the military.  Others offering their names in testimony before Congress in support of lifting the ban and who serve on NCC committees include: Dr. Herbert W. Chilstrom; Bishop Frederick C. James; Dr. Daniel E. Weiss (also a member of the BJC’s board); and Dr. James Andrews. (The press release was titled: ‘“Sexual misconduct, not orientation, should be the issue,’ United Church leaders tells House Armed Services Committee”)  On the NCC’s web site, under the heading “Assembly Related Events” for the NCC’s 1997 General Assembly, two out of six of the related events were gay related.  The first states: “Nov. 10 Worship Hosted by D.C. area Lesbigay-Affirming Church Leaders.”  The second states: “Nov. 13 Gay/Lesbian Concerns Breakfast.”  NCC vice president Rev. Elenora Giddings Ivory, was one of the religious leaders signing the RCAR letter supporting Clinton’s veto of the partial-birth abortion procedure.  Like NCC general secretary Joan Brown Campbell, Ivory also serves on the governing board of Americans United with BJC executive director James Dunn.  When former BJC general counsel Buzz Thomas went to work for the NCC as their special counsel for religious and civil liberties, he stated: “It feels very comfortable to me to be going to work with the NCC…  It’s an organization whose views I think are mainstream on these issues.”   (Report from the Capital, June 14, 1994, pg. 1)   

5.      According to a Washington Times article, the gay legislation the BJC was working on (ENDA) also included bisexuality: “Under ENDA, ‘sexual orientation’ is defined as ‘homosexuality, bisexuality, or heterosexuality, whether such orientation is real or perceived.’” (Aug. 22, 1996, p. A15)  According to a 1997 report published by Gary Bauer’s Family Research Council: “ENDA also overrides the sodomy laws in 20 states.” (The Other Side of ‘Tolerance,’” Feb. 1997, p. 2)  In another Baptist Press article entitled CLC Decries Clinton Stand on Homosexual Rights Bill: “When Clinton expressed his support of the Employment Non-discrimination Act, he became the first United States president to endorse a major homosexual rights bill.” (BP article, Oct. 23, 1995)  By 1996, this once “politically doomed” bill, made “politically more salable” by the BJC’s religious exemption, failed in the U.S. Senate by only one vote. (Cal Thomas, The Tennessean, Sept. 12, 1996, p. 15A, also see above mentioned Family Research Council report, p. 2 )   ENDA was re-introduced in 1997, during the 105th Congress.  

 

6.      Mr. Tichenor argues that the BJC’s work to get an exemption for churches from the gay rights legislation “is certainly a position which all Missouri Baptist would endorse.”  However, working to make gay legislation that would exempt religious institutions but would leave religious individuals forced to comply is not religious freedom at all.  The only “religious freedom” being advanced by the BJC, as Dr. Land pointed out in the above quote, is the “religious liberty” of those in the homosexual lifestyle.  That may be the position of the BJC, but it is not a position held by most Missouri Baptists.  The religious exemption was the BJC’s excuse to get involved in gay rights legislation that, according to its own general counsel, would make a bill that was “doomed politically” into a bill that would be “politically more salable.”  (Quotes belong to Walker)  Land, on the other hand, made it clear that the CLC will oppose any legislation that grants civil rights protection to homosexual persons based on their homosexuality. 

 

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