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Christians Sue for Right Not to Tolerate Policies

Many codes intended to protect gays from harassment are illegal, conservatives argue.

April 10, 2006|Stephanie Simon, Times Staff Writer

Critics dismiss such talk as a right-wing fundraising ploy. "They're trying to develop a persecution complex," said Jeremy Gunn, director of the American Civil Liberties Union's Program on Freedom of Religion and Belief.

Others fear the banner of religious liberty could be used to justify all manner of harassment.


For The Record
Los Angeles Times Wednesday April 12, 2006 Home Edition Main News Part A Page 2 National Desk 2 inches; 80 words Type of Material: Correction
Religious expression: An article in Monday's Section A said Gregory S. Baylor of the Christian Legal Society viewed homosexuality as a lifestyle choice. In fact, he does not have a stance on that issue. As the article noted, he supports policies that protect people from discrimination based on race, gender and other inborn traits. He asserts that antidiscrimination policies regarding homosexuality are different because they protect people based on conduct. Baylor's organization seeks to exempt religious groups from those policies.


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"What if a person felt their religious view was that African Americans shouldn't mingle with Caucasians, or that women shouldn't work?" asked Jon Davidson, legal director of the gay rights group Lambda Legal.

Christian activist Gregory S. Baylor responds to such criticism angrily. He says he supports policies that protect people from discrimination based on race and gender. But he draws a distinction that infuriates gay rights activists when he argues that sexual orientation is different -- a lifestyle choice, not an inborn trait.

By equating homosexuality with race, Baylor said, tolerance policies put conservative evangelicals in the same category as racists. He predicts the government will one day revoke the tax-exempt status of churches that preach homosexuality is sinful or that refuse to hire gays and lesbians.

"Think how marginalized racists are," said Baylor, who directs the Christian Legal Society's Center for Law and Religious Freedom. "If we don't address this now, it will only get worse."

Christians are fighting back in a case involving Every Nation Campus Ministries at California State University. Student members of the ministry on the Long Beach and San Diego campuses say their mission is to model a virtuous lifestyle for their peers. They will not accept as members gays, lesbians or anyone who considers homosexuality "a natural part of God's created order."

Legal analysts agree that the ministry, as a private organization, has every right to exclude gays; the Supreme Court affirmed that principle in a case involving the Boy Scouts in 2000. At issue is whether the university must grant official recognition to a student group that discriminates.

The students say denying them recognition -- and its attendant benefits, such as funding -- violates their free-speech rights and discriminates against their conservative theology. Christian groups at public colleges in other states have sued using similar arguments. Several of those lawsuits were settled out of court, with the groups prevailing.

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