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D. Michael Quinn |
Prelude to the National “Defense of Marriage”
Campaign: Civil Discrimination Against Feared or Despised Minorities
Special Award for Outstanding Scholarly Research and Writing, Affirmation
Conference, Long Beach, September 2001
D. Michael Quinn1
Originally published in Dialogue:
A Journal of Mormon Thought, 33:3, pp. 1-52. Reproduced with
permission.
Introduction
AMERICA IS CURRENTLY IN THE MIDST of state-by-state political activism
and judicial appeals to prevent the legalization of same-sex marriage.
In 1996 the U.S. Supreme Court invalidated one example of the related
effort to roll back laws protecting homosexuals from civil discrimination,
but this campaign moves forward on various fronts in every state of
the Union. Its organizers will certainly extend this political activism
into all states currently lacking a "Defense of Marriage Act" (DOMA)
which both prohibits same-sex marriage and refuses to recognize such
unions legally performed in other states or countries. In view of the
pace for this state-by-state political activism during the 1990s, the
Defense of Marriage campaign will probably continue throughout the United
States for at least another decade.2
As I have written elsewhere,3 there is a gulf of perception
between those who have experienced erotic desire for a person of their
same gender and those who have not. However, we can communicate with
each other, even across the gulf of same-sex desire.
Since I am in the minority as a homosexual and as a Mexican-American,
I want to correct in advance what might appear to be us-versus-them
dimension in my remarks about the heterosexual "white" majority. Whether
minority or majority, individuals in every group display a wide diversity
of attitudes and actions. Moreover, each of us belongs simultaneously
to both minority and majority groups. For example, I am in the non-black
majority and throughout my life have been embarrassed to discover my
own prejudices and insensitivities about race. Likewise, most blacks
are in the vast majority of persons who lack serious physical handicaps
and who (like most of us) can be prejudiced and insensitive toward disabled
persons of every skin color. While I condemn prejudice and social discrimination,
I also acknowledge my own lapses in these areas.

“While one would like to think it wasn't personal,
it's awfully difficult to really believe that anyone who put one
of those signs in their yard truly thought they were protecting
heterosexual marriage. The message they sent, whether intended
or not, was: We don't like gay people.” --Frontiers
News-magazine |
Shortly after the March 2000 vote for California's Defense of Marriage
Act (Prop. 22), an editorial in the Los Angeles Frontiers News-magazine
for gays and lesbians stated the situation very well:
It was difficult not to take the passage of Proposition
22 personally.... While one would like to think it wasn't personal,
it's awfully difficult to really believe that anyone who put one of
those signs in their yard truly thought they were protecting heterosexual
marriage. The message they sent, whether intended or not, was: We
don't like gay people. ...Non-gay friends and acquaintances need to
know that to us it wasn't just a vote, it was personal.4
In fact, the campaign against Prop. 22 was so personally painful for
three Mormon gay males that they committed suicide in the spring of
2000, leaving letters of anguish about the LDS church's role in spearheading
this activism against same-sex marriage.5
Homophobia--A Definition
Gays, lesbians, and increasing numbers of heterosexual scholars use
the terms "heterosexism" and "homophobia" to describe the opposition
against legal protections based on sexual orientation. Two authors explain:
"Heterosexism is a reasoned system of bias regarding sexual orientation.
It denotes prejudice in favor of heterosexual people and connotes prejudice
against bisexual and, especially, homosexual people." Further, "Heterosexism
is analogous to racism and sexism. Homophobia finds appropriate analogies
in racial bigotry and misogynism [or antagonism toward females]."6
Since the root word phobia means fear, "homophobia" describes
expressions of discomfort, anxiety, or fear about homosexuality and
homosexuals.7 Just as "Negrophobia" has often involved feelings
of dislike or hatred toward African-Americans,8 homophobia
can also involve feelings of dislike or hatred toward gays, lesbians,
bisexuals, and transgender persons. However, many whites are Negrophobic
without being hateful, and many Americans are homophobic without being
hateful. Furthermore, just as there have been calmly reasoned arguments
of misogyny, racism, Negrophobia, and anti-Semitism, so are there now
calmly reasoned arguments of homophobia.9 Such homophobia
recently caused a Mormon to proclaim in Provo, Utah's newspaper: "God
is a bigot."10
Same-Sex Marriage--Its Purposes
By contrast, the Anglican Theological Review has presented
a different perspective on same-sex relationships: "In fact, homophobia
and heterosexism elicit such strong emotional responses that lesbians
and gay men are often estranged from their natal families, and thus
deprived of what is, for most other marginalized groups, a primary source
of care and nurture."11 Parental rejection is also a frequent
experience of Mormon gays and lesbians.12In a recent article
about young gay males experiencing rejection, two of the eight examples
were Utah-Mormon teenagers "thrown out of home" by their parents.13

“For a parish community to celebrate and bless
such a relationship is simply to say to the [same-sex] couple,
'We share your joy, and we see your love as a gift from a loving
Creator.'” --The Anglican Theological Review
|
The Anglican Theological Review continues:
A theology of same-sex relationship images God saying to
gay men and lesbians, as well as to their heterosexual counterparts,
"It is not good for you to be alone," and providing through a profound
relationship with a companion (most commonly called a "lover" in the
gay community) for their "mutual comfort and joy." In a gay or lesbian
relationship, as well as in a heterosexual relationship, "each may
be to the other a strength in need, a counselor in perplexity, a comfort
in sorrow, and a companion in joy." For a parish community to celebrate
and bless such a relationship is simply to say to the [same-sex] couple,
"We share your joy, and we see your love as a gift from a loving Creator."14
Just as heterosexual marriage binds a couple emotionally and spiritually
far beyond sex and child-raising, so also do most homosexuals want a
same-sex relationship that combines sexual attraction with mutual respect,
love, shared goals, and even spiritual fulfillment.15 In
addition, like members of every other group, gays and lesbians believe
they deserve access to legally protected relationships.16
Likewise, the LDS father of a gay male has publicly declared that "affirming
same-sex relationships" is "the logical next step" for both church and
state.17
"Many Fine Friends"
In expressing satisfaction at the passage of California's law prohibiting
marriage for gays and lesbians, LDS president Gordon B. Hinckley insisted:
"We are not anti-gay. We are pro-family." But the two slogans are linked.
In its article on "The Pro-Family Movement," the Conservative Digest
proudly listed those who are "Anti-Homosexuals" and "Anti-Gay Rights."18
 Elder Douglas L. Callister said: "We have
many fine friends that are in the gay community and do not wish
to be their adversaries." Yet for gays and lesbians, this rings
as hollow as the claim by white segregationists: "We're not anti-Negro.
We have many fine friends who are Negro." |
Others who support the Defense of Marriage laws likewise proclaim: "We
are not anti-gay. We have friends who are gay and lesbian." For example,
Douglas L. Callister (an official LDS coordinator of California's Prop.
22 campaign) told the Los Angeles Times in 1999: "We have many
fine friends that are in the gay community and do not wish to be their
adversaries."19 Yet for gays and lesbians, this rings as
hollow as the claim by white segregationists: "We're not anti-Negro.
We have many fine friends who are Negro."20 Polite feelings
for individuals cannot compensate for denying basic rights to the minority
of which those individuals are a part.
A month after the vote on Prop. 22, one of Southern California's Roman
Catholic bishops publicly apologized for the role of the Catholic Church
in promoting antagonism toward gays and lesbians. Presiding over a diocese
of more than one million Catholics, Monsignor Gerald Barnes said: "I
ask forgiveness for the members of the Church and for myself. . . .
The rhetoric and propaganda of some proponents of Proposition 22 served
to remind all of us of the fear and hatred of which we are all capable
of [sic] in the name of Christian virtue."21 Monsignor Barnes
was following the example of Pope John Paul II who referred "to Racism,
Sexism and Anti-Semitism" in the Vatican's recent "Landmark Apology
for Church Sins."22
To date, Elder Callister has issued no such apology for statements made
by LDS members during the DOMA activism in California. No similar acknowledgment
has come from LDS church headquarters, which continues to promote its
"pro-family" political campaign of fear against gays and lesbians throughout
the nation. However, Robert Rees (a former LDS bishop and mission president)
has observed: "Thus, in spite of President Hinckley's strong admonition
not to let support of Proposition 22 lead to prejudicial treatment of
homosexuals, there have been more homophobic sentiments expressed in
our [LDS] meetings in the past year than I can remember over an entire
lifetime. One only has to ask Latter-day Saint homosexuals living in
California if they feel safer today than they did a year ago to determine
how destructive these expressions have been."23 A statistical
report issued by the California Attorney General has verified that violence
against gays and lesbians increased in 1999 during the interfaith campaign
against same-sex marriage.24
For those who oppose marriage for homosexuals but insist they have no
ill feeling toward gays and lesbians, a recent book by music composer
Ned Rorem is useful. Openly gay himself, he interviewed theater critic
John Simon who had published remarks which many regarded as homophobic.
Rorem commented: "What you've said, apparently homophobically to some
people, is powerful enough to disqualify what you may say compassionately
in other contexts."25 Obviously, this also applies to what
people do homophobically.
Obedience Vs. Conscience
In the state-by-state campaigns for Defense of Marriage laws from the
1990s to the present, LDS officials have repeatedly instructed Mormons
to regard their vote as an act of obedience to leadership, rather than
an act of individual conscience. This has occurred in Utah, Hawaii,
Washington, Alaska, New Mexico, California, Nevada, Nebraska, and Texas.26
This attitude separates Mormon voters and legislators from most of the
others in the political "coalition" against same-sex marriage, which
President Hinckley publicly described: "We have worked with Jewish groups,
Catholics, Muslims, Protestants, and those of no particular religious
affiliation. . . ."27 For the current LDS leadership, lock-step
obedience to the "living prophet" is more important than the church
member's own sense of what is right and fair.28
In addition, LDS general authorities and regional leaders have tried
to conceal their role in directing this political campaign and in soliciting
monetary donations for its support. As instructed by church headquarters,
regional leaders have told local members to conceal their Mormon affiliation
when writing against same-sex marriage to newspapers or elected officials.29
Rather than being a spontaneous expression of citizenship, the thousands
of letters flooding each state's legislature have merely reflected instructions
from LDS headquarters, and sometimes even specific quotas given to local
congregations by regional LDS leaders. In previous political campaigns,
Mormons have written up to 85 percent of the letters received by legislatures
in states where they comprised less than one percent of the population.30

The current pattern of political deception and emphasis
on obedience- above-conscience dates from the LDS church's 1975-82
campaign against ratification of the proposed Equal Rights Amendment
to the U.S. Constitution, during which the presidency of Spencer
W. Kimball made homosexuality a major reason for this political
activism. |
As non-LDS scholar William Appleman Williams observed: "The Mormons
display a very shrewd understanding of the kind of national power that
can grow out of organizing a relatively small number of people in a
specific region."31 Americans generally do not realize that
most Mormons act like army ants whenever LDS headquarters gives instructions
about political matters.32
The current pattern of political deception and emphasis on obedience-above-conscience
dates from the LDS church's 1975-82 campaign against ratification of
the proposed Equal Rights Amendment to the U.S. Constitution, during
which the presidency of Spencer W. Kimball made homosexuality a major
reason for this political activism. As I wrote in 1997, Gordon B. Hinckley's
direction of the national anti-ERA campaign provided the tactics and
"blueprint for the Mormon effort to prohibit same-sex marriages and
to oppose any legislation favoring homosexuals."33
Marriage Restrictions against Despised Groups in
History
However, this essay does not emphasize the details of the campaign by
various groups against same-sex marriage. Instead, I used the musical
term "prelude" as my title's first word because the Defense of Marriage
Act in Congress and various states is simply a different verse of the
same old song for denying civil rights to feared or despised minorities.
The most direct correlation involves access to marriage. Ironically,
many who have supported laws against same-sex marriage are themselves
members of groups which were once denied the right to marry those of
their choice. While some of this might be due to selective memory, persecuted
minorities also sometimes demonstrate their assimilation by mimicking
their former persecutors.
Jews have had the longest experience with legal restrictions against
their choice of marriage partners. For a thousand years, medieval Europe
prohibited Jews from marrying Christians.34 In 1935, Nazi
Germany passed laws against intermarriage between Jews and "Germans
or kindred blood."35
In our nation's history, African-Americans suffered hundreds of years
of legal restrictions on marriage. From the colonial era onward, there
was either no legal option for slaves to marry or the laws actually
prohibited their marriage.36 Additionally, from the Atlantic
to the Pacific, nearly all states had statutes against "free Negroes"
marrying "white" persons. Some states even banned marriage with a person
of one-sixteenth "Negro blood" (in other words, having one great-great-grandparent
who was African-American).37
In 1850, California enacted its law against interracial marriage, which
remained in force until 1948 when the state supreme court overturned
it.38 Before that year, the state courts were not friendly
to the civil rights of minorities. In 1941, the California District
Court of Appeals ruled that a person with "one-eighth part or more of
Negro blood" could not legally testify against a white person, nor marry
one.39
Sixteen states still prohibited interracial marriage in 1967 when the
U.S. Supreme Court declared this unconstitutional in the landmark decision
of Loving v. Virginia.40 Ten states (including Delaware
and Montana) also refused to recognize the legitimacy of interracial
marriages legally performed elsewhere.41 This is now the
same tactic used by California, Utah, and other states toward same-sex
marriages legally performed elsewhere.42
While the groups involved are certainly different, the opposition to
gay rights has many similarities to the pattern of denying other minorities
their civil rights. Regarding marriage, the majority has often said
to the disapproved minority: "We will not allow you full access to marriage
because you are not our kind of people."

John Adams wrote that “the desires of the majority
of people are often for injustice and inhumanity against the minority.”
|
James Madison, an author of the U.S. Constitution and the fourth U.S.
president, gave this warning: "In republics, the great danger is that
the majority may not sufficiently respect the rights of the minority."
Another of America's Founding Fathers, John Adams (the second U.S. president),
more bluntly wrote that "the desires of the majority of people are often
for injustice and inhumanity against the minority." In the 1830s, Alexis
de Tocqueville called this "the tyranny of the majority" in American
democracy.43
In historical perspective, Jews and African-Americans were not the only
groups denied free access to marriage. Such laws also targeted other
minorities. In 1901, California prohibited intermarriage with Asians.
In 1919, South Dakota specifically targeted Koreans, and in 1933, California
added Malaysians to its list of prohibited marriages.44 While
America was defending freedom during World War II, there were laws against
marrying Asians in fourteen states of the South, Midwest, and West,
including Mormon-dominated Utah.45
Chieko N. Okazaki (a Japanese-American resident of Salt Lake City since
1951 and a recent counselor in the LDS church's Relief Society general
presidency) has written: 'A Japanese person could not be sealed to a
Caucasian in the Salt Lake Temple at that time because of state law."46
Utah also prohibited marriage between Chinese and African-Americans.47
As a recent analysis observes: "State laws even interfered with the
basic family relationships of Asian Americans."48
During this time, it was also illegal for American Indians to marry
whites in Arizona, Nevada, North Carolina, South Carolina, and Virginia.49
As late as 1962, North Carolina prohibited a Cherokee woman from marrying
a white man. Until 1966, Maryland actively prevented Polynesians and
Filipinos from marrying whites.50
Whether targeting Jews, African-Americans, Asians, Native American tribes,
or Pacific Islanders, the proponents of these marriage restrictions
argued that such laws were necessary for racial "purity" or to protect
society.51 Only with regard to Mormons did the advocates
of repressive legislation argue that restrictions were necessary to
protect marriage itself.
Mormon Polygamy as a Threat to Traditional Marriage

As the San Francisco Chronicle recently noted,
“The most notorious sexual outlaws in American history are
not today's gay rights crusaders, but the founding fathers of
the Church of Jesus Christ of Latter-day Saints, or the Mormon
church.” |
In the nineteenth century, Mormon men married multiple wives with official
endorsement by the LDS church. Besides passing laws specifically aimed
at Mormon marriage and then arresting thousands of polygamists, the
U.S. government also punished the LDS church by disincorporating it
and confiscating its financial assets. Congress also disfranchised Utah's
women and prepared to deprive all LDS church members of the right to
vote, hold public office, serve on juries, immigrate to the U.S., or
become naturalized citizens.52 From the 1860s to the early
1900s, government leaders and Protestant ministers argued that they
were protecting the family and "the institution of marriage" by legally
preventing Mormons from marrying as they might choose. For example,
a Massachusetts minister said that Mormon polygamy must be prevented
because "the whole question of the family is wrapped up in it." Federal
officials claimed that this non-traditional form of marriage was a direct
attack on the family.53 As the San Francisco Chronicle
recently noted, "The most notorious sexual outlaws in American history
are not today's gay rights crusaders, but the founding fathers of the
Church of Jesus Christ of Latter-day Saints, or the Mormon church."54
Ironically, in the nineteenth century, Mormons argued that the traditional
marriages of the majority were not threatened by allowing a small minority
to marry differently.55 This plea was as rational then as
it is now.
Social Hysteria
Is "social hysteria" an appropriate term for the attitudes and actions
of white Americans against blacks and interracial marriage? Historians
have cited "full scale white hysteria about black male sexuality" to
explain the lynching of thousands of African-American men for merely
looking at a white woman.56

The Prophet Brigham Young publicly informed the Mormons
that if African-Americans had relations with white women, “the
penalty, under the law of God, is death on the spot.”
|
This was also evident in Salt Lake City, where a warning to "meddle
not with white women" was pinned to the flesh of a murdered black man
in 1866. LDS apostle Brigham Young, Jr., referred to the murdered man
as "a nigger."57 This occurred three years after his father
had publicly informed the Mormons that if African-Americans had relations
with white women, "the penalty, under the law of God, is death on the
spot."58 President Young's published sermon gave official
encouragement for Mormons to kill black men, and I believe that he was
morally responsible for this 1866 murder.
Likewise, in an 1881 sermon on Salt Lake's Temple Square, Southern States
Mission President John Morgan spoke approvingly of hanging Negro males
"to a lamp-post" for "impudence." This appeared in the officially published
Deseret News and Journal of Discourses, and Morgan
became an LDS general authority a year after a Salt Lake City mob lynched
an African-American male on a lamp-post in 1883 for killing an LDS bishop.59
Apostle Heber J. Grant wrote that "the citizens" hanged "the nigger."60
A similar kind of social hysteria propelled the popular campaign against
Mormon polygamy. For example, claiming that they were defending the
family, seven million Americans signed petitions for the U.S. House
of Representatives to exclude Brigham H. Roberts from his elected office
in 1900, solely because he was a Mormon polygamist.61 Historians
view the anti-polygamy campaign of the 1860s to the early 1900s as a
hysteric reaction of Victorian America against a tiny minority who advocated
non-traditional marriage.62
Traditional Marriage Threatened?
Would "social hysteria" also be an appropriate term to describe current
claims that the existence of heterosexual marriage is threatened by
allowing same-sex marriages? I believe so, particularly since various
non-western cultures (including more than one hundred Native American
tribes) have sanctioned same-sex marriages for centuries, and perhaps
even millennia. Anthropologists have observed that many of these cultures
have given same-sex marriages the same status as heterosexual marriages.63
Traditional marriage didn't decline in these cultures, but bigotry did.64
Likewise, during early medieval times, the Catholic Church performed
unions for same-sex friends who seemed to be given the status of marriage.
The Eastern Orthodox Church continued performing same-sex unions until
the 1500s. Heterosexual marriages neither declined nor suffered by the
coexistence of these same-sex unions in early Christianity.65
It does not make sense to blame the small number of homosexuals for
the problems of heterosexual marriage. If there are declines in the
rate and quality of heterosexual marriage, it is the fault of heterosexuals,
who comprise at least 90 percent of the population.
Nearly twenty years ago, a Roman Catholic task force astutely observed:
"In contemporary America, family has become a shibboleth of internal
national security. . . with homosexuality as the scapegoat."66
Likewise, the BYU Religious Studies Center in 1988 published a woman's
essay which commented on the lack of "legalized marriage" for "those
homosexual men and women who wish to maintain an on-going, monogamous
same-sex relationship." She then asked: "Why should an expanded definition
of family, which makes room for many more categories of persons who
are longing for closeness, be considered threatening and harmful to
family life?"67 In 1999, BYU sociology professor Tim B. Heaton
observed, "The legitimization of same-sex relationships has been viewed
by some as a major threat to the family. I have yet to see compelling
evidence for this claim."68
Marriage as a Civil Right
Is full access to marriage a civil right for American minorities? Not
according to the thirty-eight state legislatures which passed miscegenation
laws against various races and ethnic minorities prior to 1967.69
Likewise, is non-traditional marriage a civil right for a despised minority?
Not according to Congress which passed several laws against Mormon polygamy
from 1862 onward, nor according to the U.S. Supreme Court which validated
these laws from 1879 to 1890.70

“I have known racism. I have known bigotry. This
bill stinks of the same fear, hatred and intolerance. It should
not be called the Defense of Marriage Act. It should be called
the defense of mean-spirited bigots act.” --Congressman
John Lewis |
Yet African-Americans, Asian-Americans, Polynesians, and Mormons all
clearly felt that these marriage exclusions denied them a civil right.
For this reason, Georgia's African-American congressman John Lewis made
the following observation about prohibiting same-sex marriage: "I have
known racism. I have known bigotry. This bill stinks of the same fear,
hatred and intolerance. It should not be called the Defense of Marriage
Act. It should be called the defense of mean-spirited bigots act."71
Nevertheless, in the topsy-turvy mind-set of bigotry, racial segregationists
accused African-Americans of "prejudice" and "bigotry" for condemning
segregation as "racist,"72 just as opponents of same-sex
marriage now accuse gays and lesbians of "intolerance" and "bigotry"
for condemning Defense of Marriage laws as "homophobic."73
Regarding civil discrimination generally, one author has observed: "In
cases of civilized oppression the victims may have to face not only
the suppression of protest but also dangerous misdescriptions of the
overall situation."74
For example, one argument used to incite fear against same-sex marriage
is the warning that its legalization would result in ministers being
"forced to perform same-sex marriages."75 This statement
appeared in a brochure issued in 1999 by LDS headquarters which said
that "if DOMA fails in California" an "obvious" consequence will be
"civil penalties for churches who refuse to perform gay marriages."
However, in March 1995, the Circuit Court of Hawaii ruled that this
was a false claim in the LDS church's petition to the Hawaii court.76
State licensing law permits churches to perform civil marriages but
does not require them to do so.
Both ministers and lawyers knew this for decades before the controversy
about same-sex marriage. In the years since the Supreme Court legalized
all interracial marriages in 1967, no minister has been "forced" to
perform an interracial marriage, either in the South or elsewhere. Likewise,
although interfaith marriages have always been legal in the United States,
Roman Catholic priests and orthodox Jewish rabbis have traditionally
refused to perform such marriages. LDS bishops have never been legally
required to perform a marriage for a non-Mormon. Although licensed by
the state to perform civil marriage, ministers have always had the right
to refuse any person for any reason.
The Morality Argument and Selective Memory
LDS president Hinckley proclaimed in October 1999: "Some portray legalization
of so-called same-sex marriage as a civil right. This is not a matter
of civil rights; it is a matter of morality."77 Yet "morality"
was also the principal argument of America's vast majority for legally
prohibiting polygamy, or what BYU professor Brent A. Barlow once called
Mormonism's "alternative family lifestyle."78
Public morality was also the Mormon argument in April 1836 against the
marriage of whites with African-Americans. An editorial in the official
LDS magazine at Kirtland, Ohio, proclaimed: ". . .and low indeed must
be the mind, that would consent for a moment, to see his fair daughter,
his sister, or perhaps, his bosom companion in the embrace of a NEGRO!"79
This had nothing to do with Utah Mormonism's decades-later policy of
denying priesthood ordination to African-Americans.80 In
fact, a month before this editorial, Mormon founder Joseph Smith had
authorized the ordination of free black Elijah Abel as an elder in Kirtland,
and to the priesthood office of Seventy eight months after it.81
This LDS editorial (apparently written by Associate President Oliver
Cowdery)82 simply reflected the prevailing bigotry of America.
George Santayana was only partly right when he said: "Those who cannot
remember the past are condemned to repeat it."83 The African-Americans,
Asian-Americans, Jews, Mormons, Native American Indians, and Polynesian-Americans
who now oppose the legalization of same-sex unions are re-living their
persecuted past in a different way--this time as the persecutors claiming
to protect society while denying a despised minority the choice of marriage
partners. However, of all those currently promoting laws against same-sex
marriage, only the Mormons have adopted the same argument used by their
former persecutors. The target has changed to gays and lesbians, but
the pattern is the same.
The Role of Churches in Restricting Civil Rights
Because various churches have actively campaigned against the legalization
of marriage for gays and lesbians, a related question is the historic
role of churches in denying civil rights to minorities. For example,
the Protestant and Catholic churches of the South led the pro-slavery
rhetoric before the American Civil War. In fact, Protestant clergy,
Catholic priests, Catholic bishops, and members of the Jesuit order
even owned African-American slaves.84 Southern white churches
also supported racial segregation in the American South afterwards.85
During the same time, the South African Dutch Reformed Church and the
Rhodesian Anglican Church supported race-segregation by the white supremacist
governments in their respective countries, either actively or by silence.86
Likewise, the Roman Catholic Church was allied with repressive regimes
in Germany and Latin America.87 In such instances, the religious
leaders sincerely and devoutly regarded the suppression of minorities
as part of a divinely approved status quo.
Utah Mormon Discrimination against Blacks
Even after federal emancipation of America's slaves in the 1860s, LDS
church president Brigham Young referred to African-American slavery
as a religious necessity.88 Earlier, as both church president
and governor, he had instructed the Utah legislature in 1852 to legalize
the slavery of African-Americans.89 This directly contradicted
Joseph Smith's proposal in 1844 "to abolish slavery by the year 1850"
by financially compensating Southern slave-owners through the sale of
federal lands in the West.90 Utah Mormonism's reversal of
Joseph Smith's social policy toward Negroes was mirrored by the refusal
of LDS presidents after 1844 to follow the founding prophet's example
of giving the priesthood to blacks who were not slaves.91
For more than a century, Utah restricted African-Americans from patronizing
white restaurants and hotels, prohibited them from public swimming pools,
and required them to sit in the balconies of theaters.92
During World War II, African-Americans wearing their nation's uniform
had to sit in the balcony of Utah theaters, while German prisoners-of-war
sat on the main floor with white servicemen and civilians.93
Utah law also prohibited marriage between a white person and a black
(including persons only one-eighth Negro).94
Utah's racial discrimination did not occur by happenstance nor did it
continue into modern times by accident. It was promoted by the highest
leaders of the state's dominant church. As late as 1941, Counselor J.
Reuben Clark used the word "nigger" in his First Presidency office diary.95
In 1944, the First Presidency authorized local LDS leaders to join "as
individuals a civic organization whose purpose is to restrict and
control negro settlement" in Salt Lake City.96 A year later,
LDS president George Albert Smith wrote: "Talked to Pres Clark & Nicholas
[G. Smith, an Assistant to the Quorum of the Twelve Apostles] about
the use of [LDS] meeting houses for meetings to prevent Negroes from
becoming neighbors."97 The church president's diary did not
indicate whether he endorsed or opposed this activity, but his brother
Nicholas G. Smith described it as "race hatred."98

In 1947, when discussing the site of the future
Los Angeles temple, First Presidency Counselor J. Reuben Clark asked the LDS church's attorney
in that area "to purchase as much of that property as we can in order
to control the colored situation."

In 1947, the First Presidency wrote that “the intermarriage
of the Negro and White races, [is] a concept which has heretofore
been most repugnant to most normal-minded people from the ancient
patriarchs till now.”

In 1953, a First Presidency secretary informed a white Mormon that
“The L.D.S. Hospital
here in Salt Lake City has a blood bank which does not contain any colored
blood.”According to presidency counselor J. Reuben Clark,
this policy of segregating African-American blood from the blood donated
by so-called “white people” was intended "to protect the purity of the
blood streams of the people of this Church.”
 During this era of Utah's racial segregation, the First Presidency also
repeatedly affirmed that no African-American could stay at the LDS church-owned
Hotel Utah (which had maintained this exclusion since its opening in
1911). The LDS president was president of the hotel, and his counselors
were its senior vice-presidents. The First Presidency explained this
racial exclusion as simply “the practice of the hotel.”
 When internationally renown singer Marian Anderson returned in March 1948 to participate in a concert at the LDS
church's Salt Lake Tabernacle, the First Presidency relented. America's
beloved contralto “was allowed to stay at the Hotel Utah on condition
that she use the freight elevator.” This world-famous black woman was
not allowed to use the main entrance and lobby.

Making specific reference to the desegregation controversy in Little
Rock, Arkansas, Counselor Clark in 1957 instructed Belle
Smith Spafford “that she should do what she could to keep the National
Council [of Women] from going on record in favor of what in the last
analysis would be regarded as negro equality.”
 In 1965 and 1967, Apostle Ezra Taft Benson stated in televised meetings on Temple Square in Salt Lake City that
“the so-called civil rights movement as it exists today is a Communist
program for revolution in America.”

In 1963, Apostle Joseph Fielding Smith told Look magazine's
editor: “'Darkies' are wonderful people, and they have their place in
our Church.”

In 1967, Apostle Benson
also approved the use of one of his talks as the forward to the overtly
racist book Black Hammer, which featured the decapitated (and
profusely bleeding) head of an African-American male on its cover.
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President Smith's counselors soon extended their support of racial segregation
to states beyond Utah. In 1947, when discussing the site of the future
Los Angeles temple, Counselor Clark asked the LDS church's attorney
in that area "to purchase as much of that property as we can in order
to control the colored situation."99 A month later, during
the meeting of the First Presidency and Quorum of the Twelve Apostles
in the Salt Lake Temple, "President Clark called attention to the sentiment
among many people in this country to the point that we should break
down all racial lines, [and] as a result of which sentiment negro people
have acquired an assertiveness that they never before possessed and
in some cases have become impudent."100 In 1949, while criticizing
the legislative efforts in Arizona to "guarantee rights of Negroes,"
LDS presidency counselor David O. McKay said, "The South knows how to
handle them and they do not have any trouble, and the colored people
are better off down there--[but] in California they are becoming very
progressive and insolent in many cases."101 Likewise, in
1950 Counselor Clark wrote: "Race tolerance: the trend is just
terrible" (emphasis in original).102
There was no mystery about why Utah law continued to prohibit interracial
marriage. In 1947, the First Presidency wrote that "the intermarriage
of the Negro and White races, [is] a concept which has heretofore been
most repugnant to most normal-minded people from the ancient patriarchs
till now."103 In other words, the First Presidency condemned
interracial marriage as abnormal. In 1950, Counselor Clark added that
"anything that breaks down the color line leads to marriage."104
Five years later, on behalf of the Quorum of the Twelve Apostles, Joseph
Fielding Smith wrote to the
First Presidency about African-American members of the LDS church in
Utah and referred to the "danger of intermarriage."105
In 1953, a First Presidency secretary also informed a white Mormon about
the less-obvious extent of Utah's racial segregation: "The L.D.S. Hospital
here in Salt Lake City has a blood bank which does not contain any colored
blood."106 According to presidency counselor J. Reuben Clark,
this policy of segregating African-American blood from the blood donated
by so-called "white people" was intended "to protect the purity of the
blood streams of the people of this Church."107
During this era of Utah's racial segregation, the First Presidency also
repeatedly affirmed that no African-American could stay at the LDS church-owned
Hotel Utah (which had maintained this exclusion since its opening in
1911). The LDS president was president of the hotel, and his counselors
were its senior vice-presidents. The First Presidency explained this
racial exclusion as simply "the practice of the hotel."108
Internationally renown singer Marian Anderson endured this racial discrimination
in Utah. When she gave her first recital at the University of Utah's
Kingsbury Hall, this African-American was denied entry to any of Salt
Lake City's hotels and had to stay with one of the concert's promoters.
When she returned in March 1948 to participate in a concert at the LDS
church's Salt Lake Tabernacle, the First Presidency relented. America's
beloved contralto "was allowed to stay at the Hotel Utah on condition
that she use the freight elevator." This world-famous black woman was
not allowed to use the main entrance and lobby.109 Likewise,
invited to speak at the University of Utah, Nobel Peace Prize recipient
Ralph Bunche was allowed to stay at the LDS church's hotel in 1951 only
after this black man agreed to use the freight elevator, "have his meals
in his room and not come to the dining room."110
Due to their international fame, Anderson and Bunche were exceptions
to the Mormon rules of race. As Hotel Utah's senior vice-president,
J. Reuben Clark explained: "Since they are not entitled to the Priesthood,
the Church discourages social intercourse with the negro race... ."
Therefore, African-Americans were denied equal access to the LDS church's
hotel in order "to preserve the purity of the race that is entitled
to hold the Priesthood."111
With such beliefs, the LDS First Presidency did what it could to block
national efforts for the civil rights of African-Americans. As previously
noted, Counselor McKay in 1949 instructed an Arizona stake president
against that state's proposed legislation to "guarantee rights of Negroes."
Making specific reference to the desegregation controversy in Little
Rock, Arkansas,112 Counselor Clark in 1957 instructed Belle
Smith Spafford "that she should do what she could to keep the National
Council [of Women] from going on record in favor of what in the last
analysis would be regarded as negro equality." At that time, Spafford
was a vice-president of the National Council of Women.113
As American views began changing toward race relations from the 1940s
onward, the Mormons of Utah continued to follow the example of LDS leaders
against civil rights for African-Americans. There was widespread use
in all-white neighborhoods of Utah's Uniform Real Estate Contract, Form
30, which prohibited the purchaser of real estate and his/her heirs
from reselling the property "to any person not of the Caucasian race."114
The Salt Lake City School District prohibited blacks from being teachers
and from fulfilling student-teaching requirements of their university
training.115 In addition, 40 percent of Utah's employers
refused to hire Negroes. Employers who did hire blacks also discriminated
against them in job assignment, promotion, and salary.116
Blacks were prohibited from eating at the lunch counter of Salt Lake's
City-County Building. All of Utah's bowling alleys excluded African-Americans,
and LDS hospitals segregated black patients, sometimes requiring them
to pay for private rooms. This was also the policy at Utah's Catholic
hospitals.117
In these respects, Utah and the Mormons were representative of the rest
of America's white society until the 1960s.118 In 1961, a
survey of Salt Lake City by the NAACP showed that 12 percent of cafes,
restaurants, and taverns declined to serve blacks, while 80 percent
of the city's beauty shops and barber shops refused to do so. Likewise,
72 percent of Salt Lake City's hotels and 49 percent of its motels refused
accommodations to African-Americans that year.119
After Counselor Clark's death in 1961, Apostle Ezra Taft Benson became
the Mormon hierarchy's strident voice against the national crusade for
African-American civil rights. Benson's Negrophobic rhetoric intensified
after the federal Civil Rights Act of 1964 drastically changed Utah's
patterns of racial discrimination.120 In 1965 and 1967, he
stated in televised meetings on Temple Square in Salt Lake City that
"the so-called civil rights movement as it exists today is a Communist
program for revolution in America."121 In 1967, Apostle Benson
also approved the use of one of his talks as the forward to the overtly
racist book Black Hammer, which featured the decapitated (and
profusely bleeding) head of an African-American male on its cover. Subtitled
White Alternatives, this book warned about the "well-defined
plans for the establishment of a Negro Soviet dictatorship in the South."122
In 1968, Apostle Benson also instructed BYU students about "black Marxists"
and "the Communists and their Black Power fanatics."123
At this time, LDS president David O. McKay had a Democrat (Hugh B. Brown)
as a counselor, who was mystified that McKay allowed Benson to endorse
the speeches and activities of nationally known segregationists. This
politically liberal counselor was unaware of the LDS church president's
private views about "insolent" African-Americans who wanted equal rights.124
In 1963, Utah ended its restrictions on interracial marriage, and Counselor
Brown officially endorsed civil rights for persons of all races that
year.125 However, until that year, every living prophet of
the LDS church since Brigham Young either actively opposed the civil
rights of African-Americans or passively endorsed the existing civil
discriminations against them in Utah.
In that same year, Apostle Joseph Fielding Smith told Look magazine's
editor: "'Darkies' are wonderful people, and they have their place in
our Church."126 At best, this revealed the racial paternalism
that governed LDS headquarters. However, this platitude was also a smoke-screen
for the worst of what Utah Mormon leaders had done against African-American
rights for the previous 116 years.
From Anti-Black to Anti-Gay
Just as President Gordon B. Hinckley has said that same-sex marriage
has no legitimate claim as a "civil right" in Utah or anywhere else,
previous First Presidencies also stated that African-Americans had no
legitimate right to unrestricted access to marriage, nor to unrestricted
blood transfusions, nor to rent a room in the LDS church's hotel, nor
to reside in Utah's white neighborhoods, nor to live near the Los Angeles
Temple, nor to be in a hospital bed next to a white patient. Just as
the First Presidency previously condemned interracial marriages as abnormal,
it has recently condemned same-sex marriages as abnormal. The LDS church's
opposition to gay rights is consistent with its historical opposition
to African-American rights.
Even when a general authority publicly apologized in September 2000
for "the actions and statements of individuals who have been insensitive
to the pain suffered by the victims of racism," he claimed that the
LDS leadership had an admirable history of race relations. Elder Alexander
B. Morrison said: "How grateful I am that The Church of Jesus Christ
of Latter-day Saints has from its beginnings stood strongly against
racism in any of its malignant manifestations."127 This was
a by now familiar smoke-screen for the previous behavior of Mormon prophets,
seers, and revelators. LDS headquarters has never apologized for the
legalization of Negro slavery by Brigham Young in pioneer Utah, nor
for the official LDS encouragement to lynch Negro males,128
nor for the racial segregation policies of the First Presidency until
1963, nor for Ezra Taft Benson's 1967 endorsement of a book which implied
that decapitating black males was a "White Alternative."

The
First Presidency from 1976 onward has also repeatedly published Apostle
Boyd K. Packer's talk praising a Mormon missionary for beating up his
homosexual companion.
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Furthermore, although the Utah press reported hundreds of "hate" attacks
annually against gays and lesbians,129 the First Presidency
in 1992 orchestrated the defeat of proposals to include "sexual orientation"
as a protected category in Utah's law against hate crimes.130
While President Hinckley has recently condemned hatred and violence
against "those who profess homosexual tendencies."131 The
First Presidency from 1976 onward has also repeatedly published Apostle
Boyd K. Packer's talk praising a Mormon missionary for beating up his
homosexual companion. This official church pamphlet, titled To Young
Men Only, encourages teenage boys to assault any males "who entice
young men to join them in these immoral acts."132 Yet President
Hinckley (who was a senior apostle in 1976) expresses bewilderment regarding
the literally thousands of violent attacks against gay males in Utah
during the decades since the First Presidency began publishing Apostle
Packer's talk. This endorsement of gay bashing continues to be printed
in pamphlet form and is currently distributed by LDS headquarters. From
1976 to the present, local LDS leaders have been encouraged to give
this pamphlet to young males in their teens and twenties, those most
likely to commit hate crimes against gays and lesbians.133

Because it has officially promoted this
endorsement of violence against homosexuals for twenty-five years, I
believe the First Presidency has been morally responsible whenever LDS
young men have attacked or killed homosexuals from 1976 to the present.
This includes the brutal murder of Matthew Shepard in Wyoming in 1998.
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LDS headquarters has never promoted a similar distribution of statements
opposing violence toward homosexuals.134 Recent public statements
by LDS leaders against gay bashing have the appearance of a smoke-screen
to conceal the ongoing private endorsement of gay bashing in Apostle
Packer's pamphlet. In fact, because it has officially promoted this
endorsement of violence against homosexuals for twenty-five years, I
believe the First Presidency has been morally responsible whenever LDS
young men have attacked or killed homosexuals from 1976 to the present.
This includes the brutal murder of Matthew Shepard in Wyoming in 1998.135
Moreover, by repeatedly issuing this pamphlet and other homophobic statements
since the beginning of the anti-ERA campaign in 1975, the Mormon church
has encouraged a climate of revulsion which fills most LDS families.
Therefore, I believe the First Presidency has also been morally responsible
whenever Mormon parents have rejected their children for being gay,
lesbian, bisexual, or transgender. Even when the LDS church's Ensign
magazine published a statement in 1997 advising parents not "to
disown" their homosexual children, the general authority merely noted
that such tactics "do not help."136 Public-relations statements
of such timidity have little hope of undoing the spiritual damage to
families caused by decades of stridently homophobic indoctrination by
LDS headquarters.137
For example, in its official editorial against allowing Utah's high
schools to have clubs for gay and lesbian students, the Deseret News
commented in 1996: "It is still appalling that more than half the identified
hate crimes in Utah are aimed at homosexuals."138 Again,
this has the appearance of a smoke-screen to conceal the anti-gay agenda
of LDS headquarters. Four years earlier, the same newspaper had successfully
persuaded Utah's legislature not to include gays and lesbians in the
state law against hate crimes.139 Moreover, the 1996 editorial
then adopted the very attitude which propels these hate crimes it professed
to regret: "homosexual activities and practices are an abomination,
not just some 'alternative lifestyle' no better or worse than others."140
Echoing the role of LDS headquarters in preventing Utah from giving
homosexuals legal protection from hate crimes, the Deseret News
in June 2000 regretted that Utah Senator Orrin G. Hatch was "unable
to stop hate-crime legislation" in Congress.141
There is yet another example of the LDS church's official homophobia,
which subverts its public platitudes about loving those who regard themselves
as gay or lesbian. Since 1998, church headquarters has instructed all
local LDS leaders to put notations on the membership record of every
Mormon who receives church discipline for homosexual behavior. Applicable
even to teenagers, this ecclesiastical stigma will follow young men
and women into every LDS congregation for the rest of their lives.142
For persons who believe that these various actions of the LDS First
Presidency were God's will for suppressing minorities, I suggest they
rethink a passage in The Book of Mormon: "For none of these
iniquities come of the Lord; for he doeth that which is good among the
children of men; and he doeth nothing save it be plain unto the children
of men; and he inviteth them all to come unto him and partake of his
goodness; and he denieth none that come unto him, black and white, bond
and free, male and female; and he remembereth the heathen; and all are
alike unto God, both Jew and Gentile" (2 Nephi 26:33).

Counselor Clark told the general conference of April 1940
that the First Presidency "is not infallible in our judgment, and we
err." I believe this applies to the statements
and actions of several "living prophets" and First Presidencies in restricting
the civil rights of African-Americans and other minorities.

LDS president Gordon B. Hinckley has dismissed Mormonism's earlier race-based
policies as “those little tricks of history” which are irrelevant now.
However, his twenty-five years of promoting political campaigns against
the possibility of gay rights is one more example of the LDS hierarchy's
discrimination against minorities who are not its “kind of people.”
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Furthermore, Counselor Clark told the general conference of April 1940
that the First Presidency "is not infallible in our judgment, and we
err."143 He also instructed LDS educators in 1954 that "even
the President of the Church has not always spoken under the direction
of the Holy Ghost."144 I believe this applies to the statements
and actions of several "living prophets" and First Presidencies in restricting
the civil rights of African-Americans and other minorities. According
to LDS doctrine, the statements and actions of the church's president
can be wrong, even sinful,145 and historically the LDS First
Presidency has often been profoundly wrong with regard to the civil
rights of American minorities.
In fact, when an end came to the various tyrannies of the majority against
racial groups in America, LDS policies changed as well. What various
"living prophets" had defined as God's doctrine turned out to be a Mormon
social policy which reflected the majority's world view. I submit that
the same applies to the LDS church's campaign against any law which
benefits or protects gays and lesbians.
LDS president Gordon B. Hinckley has dismissed Mormonism's earlier race-based
policies as "those little tricks of history" which are irrelevant now.146
However, his twenty-five years of promoting political campaigns against
the possibility of gay rights is one more example of the LDS hierarchy's
discrimination against minorities who are not its "kind of people."147
The Sincerity of Prejudice and Civil Discrimination
LDS leaders have repeatedly opposed civil rights for blacks and gays
while denying that such action is "anti-Negro" or "racist," "anti-gay"
or "homophobic." The previous quotes show that First Presidency counselor
J. Reuben Clark, for one, defended wholesale restrictions against the
civil rights of African-Americans. Nevertheless, at the same time, he
regarded himself as compassionate toward blacks.148
In this paper I have tried to acknowledge the sincere beliefs and fears
of those who oppose same-sex marriage. However, an "Appeal to Sincerity"
is legitimate only when attempting to understand the personal motivation
for various behaviors. Sincerity cannot logically be invoked to assess
the legitimacy or ethical value of those behaviors.149
The past and present are filled with actions which most of us condemn,
despite the fact that their perpetrators claimed they acted out of their
sincere beliefs in a religion, or race, or social class, or country.
If we regard slavery as wrong, the sincerity of slave-owners is irrelevant
to the issue, even when the slave-owners were our revered national leaders,
George Washington and Thomas Jefferson.150 If denial of rights
and protections for African-Americans was wrong, the sincerity of the
oppressors is irrelevant to the issue, even if we otherwise admire the
oppressors as religious leaders. Likewise, the sincerity of the heterosexual
majority's anxieties and fears is not an ethical justification for denying
rights and protections to the homosexual minority.
The recent success of the Defense of Marriage Act in California (America's
most populous state) was yet another example of the tyranny of the majority,
but there is a silver lining to this dark cloud: Thirty-nine percent
of California's electorate voted against DOMA.151 While most
gays and lesbians believe we counted for 10 percent of the vote,152
many homophobes claim that no more than one percent of humanity has
homosexual feelings.153 Therefore, LDS leaders and their
religious allies in the political sphere must acknowledge that about
a third of California's heterosexual electorate voted against
their campaign of fear, social hysteria, prejudice, and minority exclusion.
This is nearly three times higher than the percentage of white Southerners
who opposed segregation in the decades before Congress passed the Civil
Rights Act of 1964,154 yet minority rights eventually triumphed
there.
In view of the fears, prejudices, and hatreds which existed both then
and now, American society's sense of fairness is far greater today than
it was fifty years ago. As the U.S. Supreme Court ruled in 1996 when
Romer v. Evans invalidated the LDS church's behind-the-scenes
victory against civil rights for gays and lesbians in Colorado, "a state
cannot so deem a class of persons a stranger to its laws."155
This Colorado case had nothing to do with marriage. LDS leaders and
their allies were attempting to invalidate those laws which protected
gays and lesbians from hate crimes, as well as from civil discrimination
in housing and employment.156 Gays and lesbians are the glaring
exception to President Hinckley's public-relations statement to the
LDS general conference in 1995: "We must be willing to defend the rights
of others who may become the victims of bigotry."157 With
regard to homosexuals, this is a slogan which LDS headquarters tries
to subvert in every possible way.

When the Joseph Smith Memorial Building
opened in 1993 as added office-space for the LDS bureaucracy at headquarters,
this multi-story building had two fine-dining restaurants for the general
public. The human resources director instructed the manager of these
church-owned restaurants not to hire as waiters any males who "seem
gay."
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For example, after President Hinckley's statement, Mormon leadership
successfully opposed adding sexual orientation to Salt Lake City's anti-discrimination
ordinance.158 This is understandable in light of reports
that LDS headquarters actively discriminates against gays and lesbians
in employment. With no claim of due process, this discrimination extends
to completely secular jobs and requires no proof of "inappropriate"
sexual behavior. For example, when the Joseph Smith Memorial Building
opened in 1993 as added office-space for the LDS bureaucracy at headquarters,
this multi-story building had two fine-dining restaurants for the general
public. The human resources director instructed the manager of these
church-owned restaurants not to hire as waiters any males who "seem
gay"159 Similar to visual profiling for racial discrimination,160
LDS headquarters apparently denies employment on the basis of stereotypical
views about masculine appearance and homosexual characteristics, or
stereotypical views about feminine appearance and lesbian characteristics.161
As indicated in the above example, this has nothing to do with "morality"
or the actual sexual behavior of persons who are subjected to this discrimination.
In fact, completely heterosexual persons may also be misidentified as
lesbian or gay on the basis of speech or appearance, and then suffer
employment discrimination in Utah,162 This contributes to
the climate of fear, which is why anti-discrimination laws are necessary.
The climate of homophobic antagonism in Mormon-dominated Utah creates
constant anxiety for many gays, lesbians, bisexuals, and transgender
persons. It is historically similar to being a Christian in pagan Rome,
a Protestant Huguenot in Catholic-dominated France, a Quaker in Puritan
Massachusetts, a black in Klan-dominated Mississippi, a Jew in Nazi
Germany, a Catholic in Protestant-dominated Belfast, a Muslim in Hindu-dominated
Kashmir, or a Hindu in Muslim-dominated Islamabad. Its familiarity makes
this pattern even more tragic in cultures which claim divine approval
for exerting social oppression against their minorities.
Just as Catholics, Protestants, and Mormons once claimed righteousness
and God's blessing in denying basic rights to African-Americans and
Asian-Americans, they are now claiming righteousness and God's blessing
for denying basic rights to gays, lesbians, bisexuals, and transgender
persons. It takes a peculiar kind of blindness to currently affirm that
the majority's historical discrimination against despised racial minorities
was ethically and civilly wrong, yet argue that it is now ethically
and civilly right to discriminate against the despised minority of homosexuals
and transgender persons.
"The Right of Each Individual to Be Free"
Ironically, through its general authorities, its lesson manuals, and
its church-owned newspaper, LDS headquarters has condemned other churches
and religious leaders for limiting freedom or civil rights. During the
entire twentieth century, the LDS church has criticized leaders of the
Roman Catholic Church, of Iran's Shiite Islam, and of the Russian Orthodox
Church for limiting the civil rights of various minorities.163

“The attitude of any organization toward this principle of freedom
is a pretty good index to its nearness to the teachings of Christ
or to those of the evil one.” --David O. McKay
|
As David O. McKay instructed the general conference of April 1950:
This principle of free agency and the right of each individual
to be free[,] not only to think but also to act within bounds that
grant to every one else the same privilege, are sometimes violated
even by churches that claim to teach the doctrine of Jesus Christ.
The attitude of any organization toward this principle of freedom
is a pretty good index to its nearness to the teachings of Christ
or to those of the evil one.164
Should the LDS church and its leaders be exempt from McKay's standard
to guarantee freedom and civil rights? As discussed earlier, McKay's
public statement here actually contradicted both his private statements
as well as his actions as an executive in the racially segregated Hotel
Utah.
However, McKay's equivocation has a parallel that is faith-promoting.
When slave-owner Jefferson wrote in the Declaration of Independence
that "all men are created equal," this also did not describe the reality
of his own life and culture.165 Yet later Americans and U.S.
presidents found inspiration in Jefferson's idealized statement, and
they struggled to change their culture in order to achieve the reality
of full civil rights for all its minorities. That struggle continues
today. Likewise, President McKay stated an ideal in 1950 that can continue
to inspire LDS members and leaders to change their culture in order
to grant full civil rights to all its minorities.
Some will claim that the historical parallel of legal discrimination
against race and religion has nothing to do with today's legal restrictions
against social protections and marriage options for gays and lesbians.
Such denial seems intended to privilege the current campaign in two
ways: First, by denying that homosexuals constitute a minority as legitimate
as the minorities of race, ethnicity, nationality, or religion; and
second, by denying that legal limitations on this embattled group's
social opportunities involve "prejudice," or "discrimination," or "denial
of rights." By contrast, various authors have regarded prejudiced discrimination
as the unifying characteristic of America's negative responses toward
minorities of race, of ethnic group, of physical disability, of religion,
and even of Masonic affiliation.166 To exclude sexual orientation
from the category of embattled minorities is itself a sign of heterosexism
and homophobia.
Thus, the African-American documentary All God's Children has
stated: "African Americans were accused of seeking 'special rights'
during the Civil Rights Movement of the 1960s. Now, lesbian, gay, bisexual
and transgendered (LGBT) people are accused of seeking 'special rights.'
Both populations are simply seeking equal justice under the law." With
supporting statements by African-American Reverend Jesse Jackson, Reverend
Cecil L. Murray, Congresswoman Maxine Waters, Senator Carol Moseley-Braun,
and theologian Cornel West against discrimination based on sexual orientation,
the documentary adds: "These systems of oppression are all cut from
the same cloth of dominance and power over others."167

During the 1990s, Pat Robertson's Christian
Coalition headquarters required its African-American employees to
enter through the back door and to use dining facilities separate from
white employees.
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Even more significant, the political lobbying group Christian Coalition
has demonstrated the linkage between opposing gay rights and limiting
the rights of African-Americans. Formed by southern minister Pat Robertson,
the Christian Coalition worked throughout the 1990s "at the Local Level
to Oppose Homosexual Rights." During this same period, the Christian
Coalition's headquarters required its African-American employees to
enter through the back door and to use dining facilities separate from
white employees.168
To deny any minority the full access to marriage is to deny the Declaration
of Independence statement that the purpose of government is "to secure"
the right of all its citizens to "the pursuit of Happiness." As with
the pre-1967 limits on the marriage rights of racial minorities, it
also violates the Constitution's Fourteenth Amendment provision for
"equal protection of the laws" when Congress or any state has denied
marriage rights to lesbians and gay males. 169
Nevertheless, to me, the fact that 39 percent of Californians voted
against the Defense of Marriage Act in March 2000 is FAITH-promoting.
I can only HOPE that Congress and the Supreme Court will again guarantee
a minority the rights which America's majority refuses to confer. In
the meantime, I applaud the CHARITY which individual states (like Vermont)
have begun to demonstrate in guaranteeing the civil rights of gays and
lesbians.170 As the Apostle Paul wrote, "The greatest of
these is charity" (I Cor. 13:13).
This is a civil manifestation of the religious perspective expressed
in the Anglican Theological Review: "When marriage is properly
understood--as Martin Bucer argued over four centuries ago--as being
primarily for companionship, not for procreation or parenting or 'the
avoidance of fornication,' then its grace is operative equally for all
couples who wish to enter into a covenanted relationship, whether they
are a man and a woman, two women, or two men."171
The New Dictionary of Christian Ethics has also commented:
"It is particularly disturbing to find churches which intensify the
homosexual's sense of loneliness and isolation by their judgmental attitudes."
While not endorsing ministerial ceremonies for same-sex couples, this
ethical dictionary was emphatic about the denial of civil rights to
homosexuals: "Whenever men and women are victimized because of their
sexual orientation, whether formally in the law courts or less formally.
. .the Christian duty is clearly to stand alongside the oppressed minority
in their struggle for justice."172
As a gay male and Christian, I hope this kind of religious ethic will
eventually triumph for America's minority of gays, lesbians, bisexuals,
and transgender persons.
Notes
1. This essay was supported by a grant from the Institute for the Study
of Human Resources and also involved research support at ONE Institute
& Archives: The International Gay and Lesbian Heritage/Research Center,
which is affiliated with the University of Southern California. The
Internet was used to locate many of the periodical references cited
herein. I assumed that page numbers listed on Internet web sites were
the same as for print references. However, some Internet sites did not
provide page numbers.
2. As I have previously observed: "Every state has its own laws, and
each new session of a state legislature is a new opportunity for the
losing side to renew the battle over a sexual minority's civil rights
or 'special rights.' This is equally true for every county, city, and
town. ...Even a U.S. Supreme Court decision will not end the conflict
if the LDS church and its interfaith allies are on the losing side of
legalizing same-sex marriage… if pressed, the next step of the LDS interfaith
coalition will be to mount a national campaign to ratify a U.S. constitutional
amendment against 'special rights' for the small minority of Americans
who define themselves as homosexual" (D. Michael Quinn, The Mormon
Hierarchy: Extensions of Power [Salt Lake City: Signature Books/Smith
Research Associates, 1997], 405). For anti-gay claims about "special
rights," see note 167.
3. D. Michael Quinn, Same-Sex Dynamics among Nineteenth-Century
Americans: A Mormon Example (Urbana: University of Illinois Press,
1996), 7.
4. "Thanks A Lot: The Personal Sting of Proposition 22," Frontiers
Newsmagazine 18 (31 March 2000): 12. For the role of the LDS church
in the mass distribution of these "Yes on Prop. 22" signs in every city
and town of California, see letter from the North America West Area
Presidency (John B. Dickson, William R. Bradford, Richard H. Winkel)
to 'All Stake Presidents and Bishops in California, to be read in Sacrament
Meeting Sunday, January 16," dated 11 Jan. 2000: "We would greatly appreciate
it if all would continue contacting friends and neighbors as directed
by the local coordinator about this issue and distribute, as well
as put on your own lawns, the provided yard signs [emphasis added]"
("News: Proposition 22 Dominates California Wards' Attention, Divides
Members," Sunstone 118 [April 2001]: 92). Official church positions
of Dickson, Bradford, and Winkel listed in "General Authorities of The
Church of Jesus Christ of Latter-day Saints," Ensign 29 (November
1999): [57]. See also David Bruce Combe, "Proposition 22, California,
and the Mormon Church: A Chronology" in Case Reports of the Mormon
Alliance: Volume 5, 1999, eds., Lavina Fielding Anderson and Janice
Merrill Allred (Salt Lake City: Mormon Alliance, 2000).
5. The three were Henry Stuart
Matis, D. J. Thompson, and
Clay Whitmer. See "Gay
Mormon Hoped Suicide Would Help Change Church," San Francisco
Examiner, 2 March 2000; "Gay
Mormon Kills Self on Church Steps: California Man Had Expressed Anguish
over Anti-Gay-Marriage Proposition 22," Salt Lake Tribune,
3 March 2000, A-1; "Bloody Hands: Friends Blame Mormon Church's Support
of Proposition 22 for Death of Two Gay Men," Frontiers Newsmagazine
18 (31 March 2000): 20; "To
Be Gay--and Mormon," Newsweek, 8 May 2000, 38-39; Combe,
"Proposition 22, California, and the Mormon Church" (with quotations
from the pre-suicide letters of Matis and Thompson). See also Christopher
J. Alexander, "Suicidal
Behavior in Gay and Lesbian Mormons," in Peculiar People: Mormons
and Same-Sex Orientation, eds., Ron Schow, Wayne Schow, and Marybeth
Raynes (Salt Lake City: Signature Books, 1991), 257-63; "No More Deaths,
No More Silence: Gay Mormons Have Higher Suicide Rate Than the Entire
Nation," Las Vegas Bugle, 12 May 2000, 18-19.
In my "Selected Chronology of the Church of Jesus Christ of Latter-day
Saints, 1848-1996" (Quinn, Extensions of Power, app. 5), I
noted in the June 19, 1995, entry that Utah was attempting an analysis
of its high suicide rates: "Salt Lake Tribune reports that
Utah state task force is trying to understand why suicide is second
leading cause of death for Utah's teenage males and young men, and why
Utah's suicide rate is sixth highest in the nation. Article downplays
alleged role of LDS church's 'too high expectations on young people,'
by pointing out that five states (all surrounding Utah) with higher
suicide rates have lower percentages of Mormons. However, this is a
statistical error ('ecological fallacy') because states have not identified
religious affiliation of suicides who might actually be disproportionately
Mormon. Tribune refers to U.S. Health Department's 1989 estimate
that homosexual orientation is a factor in 30 percent of teenage suicides.
Deseret News excluded that estimate from its analysis of federal
report on 21 Aug. 1989 and has said little about this current Utah task
force" (894).
6. Patricia Beattie Jung and Ralph F. Smith, Heterosexism: An Ethical
Challenge (Albany: State Univ. of New York Press, 1993), 13, 14.
See also Beverly Wildung Harrison, "Misogyny and Homophobia: The Unexplored
Connections," in Making the Connections: Essays in Feminist Social
Ethics, ed. Carol S. Robb (Boston: Beacon Press, 1985); James T.
Sears and Walter L. Williams, eds., Overcoming Heterosexism and
Homophobia (New York: Columbia Univ. Press, 1997).
7. The Random House Dictionary of the English Language, Unabridged,
2nd ed., s.v. "homophobia...unreasoning fear of or antipathy
toward homosexuals and homosexuality"; see also Merriam-Webster's
Collegiate Dictionary, 10th ed., s.v. "homophobia ...
irrational fear of, aversion to, or discrimination against homosexuality
or homosexual--homophobic." However, see following discussion
and note 9 concerning these inaccurate assumptions of "unreasoning"
and "irrational," which dictionaries do not assume for Negrophobia (see
note 8).
8. Random House Dictionary, s.v. "Negrophobia...strong
fear or dislike of black people"; The American Heritage Dictionary
of the English Language, 3rd ed., s.v. "Negrophobe...one
who fears or dislikes Black people and their culture--Negrophobia."
9. Wayne R. Dynes says: "Care should be taken, therefore, to identify
homophobia as a prejudice, comparable to racism and anti-semitism, rather
than an irrational fear similar to claustrophobia or agoraphobia" (Encyclopedia
of Homosexuality, 2 vols. [New York: Garland Publishing, 1990],
1:552). Likewise, without the unnecessary assumption of irrationality,
American Heritage Dictionary of the English Language defines
homophobia as an "aversion to gay or homosexual people or their lifestyle
or culture" (contrast this with notes 7 and 8). Given these definitions,
I disagree with John Charles Duffy, who equates homophobia with irrational
fear:
"Homophobia is not synonymous with opposition to gay rights. There are
plenty of gay rights activists who suffer from internalized homophobia.
And one can be opposed to gay rights without suffering from an irrational
fear of gay people. [emphasis added]
"Take [BYU law professor] Lynn Wardle, whom we all love to hate. Is
Wardle homophobic?
"Certainly he's 'heterosexist,' meaning he believes that heterosexuality
is better than homosexuality... .
***
"If in calling Wardle a homophobe, you're implying that he's motivated
by hysterical fear...I don't see it. [emphasis added]
"He's motivated by a set of beliefs about God's will which I believe
are gravely wrong. But that's not homophobic. Heterosexist, yes. Homophobic,
no.
"It's precisely because Wardle is not irrational that he is so dangerous....When
he speaks, legislatures listen." ("Homophobia: Calling It as It Is,"
Pillar of the Gay and Lesbian Community: Utah's True Alternative Newspaper,
May 2000, 23. See also note 156.)
While Duffy's argument encourages the Utah gay community to avoid inappropriate
name-calling, his logic would invalidate the use of "Negrophobia" to
describe white Southerners who used calmly rational arguments against
the racial integration of transportation, housing, and schools. The
"Jim Crow" South had its articulate defenders of segregation, and a
person does not need to be irrational, hateful, or violent to be fearful
concerning a minority and its perceived threats to the majority. Like
any labels, those of racism, Negrophobia, anti-Semitism, bigotry, and
homophobia can be misapplied. However, contrary to Duffy's claim that
"homophobia is not synonymous with opposition to gay rights," opposition
to gay rights is based on homophobia and Lynn Wardle would thus be homophobic.
For Wardle's recently published statements, see "Church
Delegates Attend World Congress of Families," Ensign 27
(June 1997): 75; "Families, Law Are Victims of Vermont Justices' Marriage
Ruling," Deseret News, 9 Jan. 2000; "LDS Have Right to Fight
Gay Marriage, 2 Say: But ACLU Lawyer, BYU Professor Far Apart on Ideology,"
Deseret News, 17 Feb. 2000; "3 BYU Professors Sign paper Upholding
Traditional Marriage," Deseret News, 14 July 2000.
10. Letter to the editor by Warren N. Hardy, "Even God May Be a Bigot,"
Daily Herald [Provo, UT], 24 August 1999. See also Letter to
the editor, "God Hates Gays," Daily Utah Chronicle, 27 January
1976, 2.
11. Robert Williams, "Toward a Theology for Lesbian and Gay Marriage,"
Anglican Theological Review 72 (Spring 1990): 142.
12. Concerning an unnamed teenager who committed suicide after a confrontation
with his father during the teenager's telephone call to the Gay Help
Line, see Mark A. Taylor, "The Love That Dares Not Speak Its Name,"
Utah Holiday 15 (September 1986): 43. See also the narrative
of Justen Michael Bennett-Maccubbin, who took the names of his adoptive
gay fathers after his Mormon father tried to kill him when he told his
parents he was gay, in Anderson Jones and David Fields, Men Together:
Portraits of Love, Commitment, and Life (Philadelphia: Running
Press, 1997), 38-39. See also Jolynn Moore, "Life As a Mormon," Love
Makes A Family: Creating a Family Voice for Lesbian, Gay, Bisexual and
Transgendered People 9 (Fall/Winter 1997): 9.
13. Mike Glatze, ed., "Thrown Out," XY Magazine 22 (October-November
1999), 23, 31 (for the experiences of Jeremy, 17, and Justin, 19, both
of Salt Lake City).This article also included the experience of Steve
May: "Thrown out of the Army for being an out gay legislator: Steve
May, Phoenix, Arizona." May's experience as a Mormon gay has been mentioned
elsewhere, including: "GOP Shoots Self in Foot Over May," Arizona
Republic, 17 November 1996; "Voters' Choices Break New Ground:
Latina, Gay Republican Would Be Firsts," Arizona Republic,
9 September 1998; "Serving out Loud," The Advocate, 26 October
1999; "Gay Legislator Fighting Military: Refuses to Resign His Commission,"
Arizona Republic, 28 April 2000. For the favorable outcome
of May's case, see the following articles which did not refer to his
Mormon background: 'Army Ends Effort to Boot May: Gay Reservist Celebrates
Win," Arizona Republic, 16 January 2001 (local story); 'Army
Drops Efforts to Expel Gay Reservist," Deseret News, 16 January
2001, A-8 (wire-service story); "Army Ends Case against Gay Reservist,"
New York Times, 16 January 2001, A-16.
14. Williams, "Toward a Theology for Lesbian and Gay Marriage," 142.
See also "N.J. Episcopal diocese gives OK to gay couples," San Francisco
Examiner, 31 January 1988, A-2; "Northern California Convention:
Episcopalians Endorse Gay Marriages," San Francisco Chronicle, 26
October 1988, A-8; "New Bishop Tells of Many Blessings Uniting Gays:
Lutherans," Los Angeles Times, 28 January 1995, B-4; "Barred
once, gay couple receives blessing in Seattle cathedral," Episcopal
Life, July/August 1996, 11; "95 Ministers Risk Jobs, Bless 'Holy
Union' of Lesbian Couple--Religion: Action flouts United Methodist Church
prohibition. 'We are on the right side of history and the right side
of God,' pastor says," Los Angeles Times, 17 January 1999,
A-11; "N.Y. Presbytery Oks Gay Holy Unions," Los Angeles Times,
13 February 1999, B-7; "Reform Rabbis OK Blessing Gay Unions," Dallas
Morning News, 30 March 2000, A-5; and "Episcopalians Recognize
Unmarried Couples: No Distinction Made on Sexual Orientation," San
Francisco Chronicle, 14 July 2000. By contrast, Mormons believe
that same-sex marriage would be catastrophic for society. After my presentation
at Salt Lake City's 2000 Sunstone Symposium ("Prelude to the National
'Defense of Marriage' Campaign: Civil Discrimination Against Feared
or Despised Minorities"), one member of the audience stated his belief
that ratification of same-sex marriage would duplicate the sin of Sodom
in the U.S., which God would then similarly destroy. Traditional Christianity,
of course, holds that Sodom was destroyed because of its homoerotic
behavior. (See Richard Davenport-Hines, Sex, Death, and Punishment:
Attitudes toward Sex and Sexuality in Britain since the Renaissance
[London: Collins, 1990], 101.)
However, Mormonism's founding prophet apparently rejected the traditional
Christian view of Sodom's sin. In his only sermon about the matter,
Joseph Smith said that God destroyed Sodom "for rejecting the prophets,"
and he did not mention sexual conduct at all. See the following: Scott
G. Kenney, ed., Wilford Woodruff's Journal, 1833-1898 Typescript,
9 vols. (Midvale, Utah: Signature Books, 1983-85), 2:213 (22 January
1843); Joseph Smith, Jr., et al., History of the Church of Jesus
Christ of Latter-day Saints, ed. B. H. Roberts, 2nd ed. rev., 7
vols. (Salt Lake City: Deseret Book, 1960), 5:237 (hereafter History
of the Church); Joseph Fielding Smith, ed., Teachings of the Prophet
Joseph Smith (Salt Lake City: Deseret News Press, 1938), 271; Andrew
F. Ehat and Lyndon W. Cook, eds., The Words of Joseph Smith: The
Contemporary Accounts of the Nauvoo Discourses of the Prophet Joseph
Smith (Provo: Religious Studies Center, Brigham Young Univ., 1980),
156; Richard C. Galbraith, ed., Scriptural Teachings of the Prophet
Joseph Smith (Salt Lake City: Deseret Book, 1993), 6. See also
the following reference to "sodomite" in the footnote to Deut. 23:17
in The HOLY BIBLE Authorized King James Version With Explanatory
Notes and Cross References to the Standard Works (Salt Lake City:
Church of Jesus Christ of Latter-day Saints, 1989): "HEB a professional
,ale or female prostitute, or cultist." Just as it rejected Joseph Smith's
intentions for African-Americans (see notes 81 and 90), so also did
the Utah Mormon leadership reject the founding prophet's view of Sodom's
destruction.
Ironically, the views of other Christians are now changing. Beginning
in the early 1900s with a scholar who was neither homosexual nor Mormon,
some Bible analysts began reinterpreting Sodom's destruction more along
the lines indicated by the Mormon prophet. George A. Barton noted that
"the wickedness which Lot is said to have anticipated that the men of
Sodom contemplated may have been no more than to give the strangers
a beating" ("Sodomy," in Encyclopaedia of Religion and Ethics, 12
vols. plus index, ed. James Hastings [Edinburgh, Scotland: T. & T. Clark;
New York: Charles Scribner's Sons, 1908-261 11:672). At greater length,
Derrick Sherwin Bailey argued in 1955 that the "inhospitality" of the
Sodomites toward Lot's angel-guests was the actual cause of Sodom's
destruction: "The story does not in the least demand the assumption
that the sin of Sodom was sexual let alone homosexual--indeed, there
is no evidence to show that vice of the latter kind was prevalent there."
(Homosexuality and the Western Christian Tradition [London:
Longmans, Green and Co., 1955], 5; see also the extensive discussion
in later pages concerning the historical development of the "Homosexual
Interpretation of Sodom"). See also Victor Paul Furnish, "The Bible
and Homosexuality: Reading the Texts in Context," in Homosexuality
in the Church: Both Sides of the Debate, ed. Jeffrey S. Siker (Louisville,
Ky.: Westminster/John Knox Press, 1994), 18-35, with discussion of Sodom
on 19-20.
15. "Recent polls of gays and lesbians have shown that over 80% of them
would marry if legally able to do so" (Kevin H. Lewis, "Equal Protection
after Romer v. Evans: Implications for the Defense of Marriage
Act and Other Laws," Hastings Law Journal 49 [November 19971:
22n224). For examples of recent publications about relationship-oriented
gays and lesbians, see Tina Tessina, Gay Relationships: How to Find
Them, How to Improve Them, How to Make Them Last (New York: Jeremy
P. Tarcher/Penguin, 1989); Betty Berzon, Permanent Partners: Building
Gay & Lesbian Relationships That Last (New York: Plume Book/Penguin,
1990); Charlotte J. Patterson, "Children of Lesbian and Gay Parents,"
Child Development 63 (1992): 1025-42; Patterson, "Lesbian Mothers,
Gay Fathers, and Their Children," in Lesbian, Gay, and Bisexual
Identities over the Lifespan: Psychological Perspectives, eds.,
Anthony R. D'Augelli and Charlotte J. Patterson (New York: Oxford Univ.
Press, 1995), 262-90; Richard A. Mackey, Bernard A. O'Brien, and Eileen
F. Mackey, Gay and Lesbian Couples: Voices from Lasting Relationships
(Westport, Conn.: Praeger, 1997); Anderson Jones and David Fields,
Men Together: Portraits of Love, Commitment, and Life (Philadelphia:
Running Press, 1997); Andrew K. T. Yip, Gay Male Christian Couples:
Life Stories (Westport, Conn.: Praeger, 1997); Michael J. Sweet,
"Together on the Path: Gay Relationships in a Buddhist Context" and
Susan Talve, "'With This Ring You Are Made Holy unto Me According to
the Laws of Moses': Celebrating and Sanctifying Lesbian and Gay Relationships
and Families," both in Our Families, Our Values: Snapshots of Queer
Kinship, eds., Robert E. Goss and Amy Adams Squire Strongheart
(New York: Harrington Park Press, 1997), 115-27, 129-35; Jane Drucker,
Families of Value: Gay and Lesbian Parents and Their Children Speak
Out (New York: Insight Books/Plenum Publishing, 1998); Richard
P. Hardy, Loving Men: Gay Partners, Spirituality, and AIDS (New
York: Continuum, 1998); Ellen Lewin, Recognizing Ourselves: Ceremonies
of Lesbian and Gay Commitment (New York: Columbia Univ. Press,
1998); Janet M. Wright, Lesbian Step Families: An Ethnography of
Love (New York: Harrington Park Press, 1998); Hero Magazine
(1998-present.); Eric Marcus, Together Forever: Gay and Lesbian
Couples Share Their Secrets for Lasting Happiness (New York: Anc | |