Tag Archives: LGBT

News

What is ENDA? The Employment Non-Discrimination Act and religious liberty

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Here are two assessments of the Democrat-sponsored ENDA legislation, the first conservative, the second libertarian.

Here’s Ryan Anderson from the Heritage Foundation, a conservative D.C. think tank.

Excerpt:

ENDA would impose liability on employers for alleged “discrimination” based not on objective employee traits but on subjective and unverifiable identities. It would create new protected classes—based on an “individual’s actual or perceived sexual orientation or gender identity”—that would expose employers to unimaginable liability. ENDA could require employment policies that undermine common sense about a host of workplace conditions, especially regarding issues surrounding gender identity.

The bill defines “gender identity” as “the gender-related identity, appearance, or mannerisms…of an individual, with or without regard to the individual’s designated sex at birth.” In other words, it creates special rights for transgendered individuals—males who dress and act as females, and females who dress and act as males—and forbids employers from considering the consequences of such behavior in the workplace.

Issues concerning gender identity are difficult. All ought to agree that young children should be protected from having to sort through questions about gender identity before an age-appropriate introduction. ENDA, however, would bar employers from making certain decisions about transgendered employees.

Although ENDA includes some exemptions for religious education, it provides no protection for students in other schools who could be prematurely exposed to questions about gender identity if, for example, a male teacher returned to school identifying as a woman.

Moreover, we can’t deny the relevance of biological sex in many contexts. An employer would be negligent to ignore the concerns of female employees about having to share bathrooms with a biological male who identifies as female. Failing to consider these repercussions raises a host of concerns about privacy rights. But ENDA would prevent taking these concerns into account.

And here is a post from Hans Bader of the Competitive Enterprise Institute, a libertarian D.C. think tank.

Meritless lawsuits that favor the plaintiff:

ENDA would harm even businesses that hire and fire based on merit, not sexual orientation. It would also erode free speech in the workplace about sexual-orientation-related political and religious issues.

Since ENDA is modeled on other employment laws that have produced many meritless discrimination lawsuits (through one-way fee shifting), ENDA, too, is likely to result in wasteful litigation and settlements paid out by employers that are actually innocent of discrimination (most employment discrimination claims turn out to be meritless). ENDA’s attorney fee provision, Section 12, uses the same language as other federal employment laws that incorporate the Christiansburg Garment standard for awarding attorneys fees — a sort of “heads I win, tails you lose” scheme under which the plaintiff gets his attorneys fees paid for by the other side if he wins, but the employer has to pay its own attorneys fees even if it wins (a win at trial typically costs an employer at least $250,000). While the language of ENDA’s attorney-fee provision is seemingly neutral on its face, similar provisions in other federal employment laws have consistently been interpreted by the courts as favoring plaintiffs under the Supreme Court’s 1978 Christiansburg Garment decision. Moreover, even if the plaintiff’s case is so insubstantial that the plaintiff only wins $1 at trial, the employer can still be ordered to pay tens of thousands of dollars in attorneys fees. For example, an appeals court ruling awarded $42,000 in attorneys fees to a plaintiff who suffered only $1 in damages. (See Brandau v. Kansas, 168 F.3d 1179 (10th Cir.1999).) These attorney fee provisions will lead to some employers paying thousands of dollars to plaintiffs just to settle weak or meritless discrimination claims.

Censoring employees who might create a “hostile environment”:

While the typical private employer has no reason to hire or fire based on sexual orientation (and few do), ENDA’sSection 4(a)(1) reaches beyond hiring and firing to vaguely defined “terms, conditions, or privileges of employment,” which courts interpret as requiring certain restrictions on speech. In Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), the Supreme Court interpreted the same vague “terms or conditions” language in another statute, Title VII of the Civil Rights Act, as requiring employers to prohibit employee speech or conduct that creates a “hostile or offensive work environment” for women or blacks. The employer is liable for damages and attorneys fees if a court decides that it was negligent in failing to detect, prevent, or punish such speech or conduct. Such “hostile work environment” liability applies to each and every protected class covered by federal law, such as race, religion, national origin, and disability, not just gender. See, e.g., Amirmokri v. Baltimore Gas and Electric Co., 60 F.3d 1126 (4th Cir. 1995) (employer was liable for national-origin based taunts and harassment by plaintiff’s co-workers).

If ENDA were enacted, such liability would also cover “sexual orientation”-based hostile work environments, meaning that a company would potentially be liable for a “hostile work environment” resulting from anti-gay things its employees say (even if those employees’ sentiments are at odds with the company’s own views or policies). Thus, to avoid liability, an employer might have to silence employees with political opinions that are perceived as anti-gay, and prevent such employees from expressing political views such as opposition to gay marriage or gays in the military that could contribute to a “hostile work environment.”

Quotas in hiring:

It is conceivable that if ENDA is passed, a civil-rights agency could use it to pressure some employers to adopt sexual-orientation-based hiring goals or veiled quotas, notwithstanding the language of Section 4(f) of ENDA.  Activists have already pressured President Obama to mandate sexual-orientation-based hiring goals for government contractors.

Bathroom privacy:

Finally, in addition to banning sexual-orientation discrimination, ENDA also contains “transgender rights” provisions that ban discrimination based on “gender identity.” Similar prohibitions in state laws created legal headaches for some businesses.

I have to admit, I have been operating for the last decade as if this law was already in effect, since I don’t want to be singled out for reprisals by management if a law like this is enacted. If you already have a reputation as being pro-marriage and pro-chastity in your workplace and this law gets enacted, you will become a target for censorship and even termination. It would be much easier for your employer to pre-emptively fire you under some pretext than to have to get stuck with millions of dollars in legal fees and penalties for one of these “hostile work environment” lawsuits. I can envision scenarios in which people on the left will solicit your opinion openly in the workplace on controversial issues like gay marriage, etc. and then prosecute you for anything less than full affirmation and enthusiastic celebration of their views. It’s already happening in the military now.

It’s very important for Christians to consider who they talk to and what they talk about in the workplace. You might think that you have free speech rights in America, but you don’t. That is all going away now because of the gay agenda and the judicial activism in the courts. This is especially true for men who have to provide for their families. If you are going to say anything critical of the secular left, understand that they are fascists, and they will hurt you any way they can. These are not people who believe in human rights. They believe in using power to destroy anyone who offends them by mere disagreement.

News

New study: lesbian women twice as likely to “divorce” their partners as gay men

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There’s a myth going around that women are fond of commitment and that men are beastly commitment-phobes. But what does science say?

Here’s a new study that’s been reported in the leftist UK Independent. (H/T The Elusive Wapiti)

Excerpt:

Lesbian couples are nearly twice as likely as gay men to end a civil partnership, according to the latest government figures.

The number of same-sex couples ending their civil unions leapt by 20 per cent last year, seven years after their introduction in 2005. Overall there were 794 dissolutions in 2012, almost 60 per cent of which were female couples, figures from the Office for National Statistics (ONS) show.

In the seven years since gay couples were able to have civil partnerships, 3.2 per cent of male unions ended in dissolution, compared to 6.1 per cent of female couples.

Sociologists believe the lower rates of ‘divorces’ among gay men may reflect a trend of women committing sooner and having higher expectations for a relationship. Women in civil partnerships tie the knot at an average age of 37.6, compared to men, for whom the average age is 40. Erzsebet Bukodim, sociologist at the University of Oxford, said: “In heterosexual marriage the divorce rate is higher if you enter marriage at a very young age. That might be one of the reasons we’re seeing this [high dissolution rate for women] in civil partnerships.”

Gunnar Andersson, professor of demography at Stockholm University, has found in successive studies that women in Norway, Sweden and Denmark are twice as likely to dissolve their civil partnerships than men. He said: “This reflects trends in a heterosexual marriage because women are more prone to say they want to marry – but they’re also more likely to initiate a divorce. Women usually have higher demands on relationship quality, that’s often been said in studies. Even if you control for age there is still a trend of more women ending partnerships than men.”

Previous figures show British women in heterosexual relationships are more likely to file for divorce than men. Women initiated the divorce in two thirds of cases in the UK in 2011.

The Elusive Wapiti comments on the new study:

I used to frequent the once-defunct-now-rebooted “Family Scholars” blog ten years ago. In that forum, whenever I mentioned the now well-accepted fact of a 2:1 ratio of female/male initiation in divorce, I was repeatedly, reliably, and indignantly informed by the liberalists and anti-traditionalists in the crowd that the problem wasn’t with women’s trigger-happy dissolutive behaviors, but with straight men, whose insufferable and abusive natures all but forced their women to divorce them and take their kids, half their stuff, and 1/3 of their paycheck for 20 years. Men sucked so bad at being husbands, it was contended, that women had little choice but to kick them to the curb.  They deserved all the divorce-rape they got, the bastards.

So imagine my surprise to see the same ratio between female and male divorce initiation  that we’ve observed in straights for decades now, mirrored in the homosexual community. This has gotta be bad news for the fish-bicycle set that loves to blame masculine misbehavior for, well, everything, including female-initiated divorce.  Instead, we now see that when woman is paired with woman, the dissolution rate is twice that of male-male couplings, just like it is with straight couples.

Just to support his assertions, here is a quotation from p. 340 of “Handbook of Interpersonal Commitment and Relationship Stability”, edited by Jeffrey M. Adams and Warren H. Jones, published by the academic press Springer in 1999:

The differential breakup rates of married versus same-sex couples point to the role of marital institutions, but male and female couples exhibit differences in stability as well, suggesting that the influence of gender needs to be explained. With a small cross-sectional sample of 25 gay men and lesbians each, Duffy and Rusbult (1986) found that lesbians had longer relationships. But in the only two studies ever conducted with large samples of same-sex relationships (over 1,000 couples in each), consistent differences have been found between gay men and lesbians in breakup rates, both in the late 1970s and the late 1980s: Lesbian relationships, whether measured longitudinally (Blumstein & Schwartz, 1983) or retrospectively (Bryant & Demian, 1994), were of shorter duration than gay male relationships. The gay men in couples surveyed by Bryant and Demian (1994) reported a mean duration of their current relationships of 6.9 years, compared to 4.9 years for lesbians (p. 104). Furthermore, though both gay men and lesbians reported spending roughly the same total amount of time in their lives in major same-sex relationships, the women reported more past relationships, suggesting that those relationships as well had been of shorter duration. Finally, there was a small but potentially meaningful difference in the proportion of lesbians (92%) as opposed to the pro-portion of gay men (96%) reporting commitment to their current partner for a lifetime or “a long time.” These findings run counter to general expectations (Blumstein & Schwartz, 1983; Eskridge, 1996) based on beliefs about women’s greater desires and capabilities compared to men in creating and maintaining intimacy and connection in intimate relationships.

Lesbian couples also have the highest rates of domestic violence. Higher than gay males, and much higher than married couples.

Excerpt:

  • A study in the Journal of Interpersonal Violence examined conflict and violence in lesbian relationships. The researchers found that 90 percent of the lesbians surveyed had been recipients of one or more acts of verbal aggression from their intimate partners during the year prior to this study, with 31 percent reporting one or more incidents of physical abuse.[46]
  • In a survey of 1,099 lesbians, the Journal of Social Service Research found that slightly more than half of the lesbians reported that they had been abused by a female lover/partner. The researchers found that “the most frequently indicated forms of abuse were verbal/emotional/psychological abuse and combined physical-psychological abuse.”[47]
  • A study of lesbian couples reported in the Handbook of Family Development and Intervention“indicates that 54 percent had experienced 10 or more abusive incidents, 74 percent had experienced six or more incidents, 60 percent reported a pattern to the abuse, and 71 percent said it grew worse over time.”[48]

This is not even to mention the concept of “lesbian bed death“, which is the frequently occurring cessation of sexual activity in lesbian relationships. A recent study on that is here.

Liberal women and fear of commitment

So what causes liberal women do break commitments more than men, whether they are straight or gay? I think there is a reason and it is gender-specific, but it can be mitigated by male leadership and influence in the relationship. And here it is: liberal women think of relationships as being more about emotions and peer-approval than about planning, hard work and results. Liberal women have a notion about marriage being something that will allow them to live happily ever after – and be approved of (or envied) by their peers. Liberal women believe that it is their partner’s job to give them that, and if they don’t get it, then the relationship isn’t working, and can get jettisoned.

Studies have shown that liberal women have difficulty evaluating men to see if a man is suitable to perform traditional male duties in marriage. Typically, liberal women try to judge men based on how the man makes them feel. Having been raised to be feminists, they just don’t believe that men have any distinct “male” capabilities that they need to evaluate. Liberal women tend to believe that they can tell a man’s suitability for marriage by looking at his appearance, or by asking their liberal female friends what they think of the man. These standards are heavily influenced by the culture, as well – movies, TV, music, and so on.

Liberal women also don’t generally view marriage as a long-term enterprise that has definite goals that may differ from their own personal goals. Liberal women tend to rebel against strict moral boundaries and exclusive religious truth claims, because they restrain them from making relationships (with men or children) all about themselves. They have to be convinced to see the value of moral boundaries and religious truth claims, and they usually haven’t done the work themselves to have that capability. A strong male leader who is focused on moral and religious issues can mitigate the liberal female tendency towards narcissism, but liberal women tend to avoid such men as being “too strict” or “too controlling” – even if the leadership is to make the woman grow and get better.

Any structure or plan to the relationship is viewed with suspicion because it distracts from the goals of liberal women: feeling good and having social acceptance. That’s why young, unmarried liberal women marry people like Bill Clinton, John Edwards and Tiger Woods who know nothing about morality and religion. It’s not rational, but the lack of moral standards and religious truth claims makes them feel safe and autonomous. And that is more important than being led and having the safety of a man who takes morality and religion seriously. One lesbian I know recently told me that discussing morality and religion objectively should not be done because people with strong views on morality and religion are “too mean”.

It’s up to sensible, moral, religious men to come along and civilize these young, unmarried feminist-influenced liberal women. We need to cause them to think about what marriage really is, what marriage really requires from each partner, and what children really require from marriage. We need to push the engineering approach to marriage during the courtship phase, and wean them off of the crazy emotional vain selfish view of marriage. If men don’t lead liberal women during the courtship to think deeply and rationally about marriage, then liberal women will not be prepared or capable of commitment over the long-term. If a man doesn’t take the time during the courtship to lead and grow a woman before the wedding, he is taking chances with his future and the future of his children. Not to mention his service to God, which will be negatively impacted by a divorce. At the very least, there will be a financial loss that cuts off charitable giving. At the worst, the potential impact that a good marriage and good Christian children have for the Kingdom will be lost.

News

New study: children of same-sex couples do less well than those of married couples

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The Public Discourse reports on a new study out of Canada.

Excerpt:

A new academic study based on the Canadian census suggests that a married mom and dad matter for children. Children of same-sex coupled households do not fare as well.

There is a new and significant piece of evidence in the social science debate about gay parenting and the unique contributions that mothers and fathers make to their children’s flourishing. A study published last week in the journal Review of the Economics of the Household—analyzing data from a very large, population-based sample—reveals that the children of gay and lesbian couples are only about 65 percent as likely to have graduated from high school as the children of married, opposite-sex couples. And gender matters, too: girls are more apt to struggle than boys, with daughters of gay parents displaying dramatically low graduation rates.

Unlike US-based studies, this one evaluates a 20 percent sample of the Canadian census, where same-sex couples have had access to all taxation and government benefits since 1997 and to marriage since 2005.

While in the US Census same-sex households have to be guessed at based on the gender and number of self-reported heads-of-household, young adults in the Canadian census were asked, “Are you the child of a male or female same-sex married or common law couple?” While study author and economist Douglas Allen noted that very many children in Canada who live with a gay or lesbian parent are actually living with a single mother—a finding consonant with that detected in the 2012 New Family Structures Study—he was able to isolate and analyze hundreds of children living with a gay or lesbian couple (either married or in a “common law” relationship akin to cohabitation).

So the study is able to compare—side by side—the young-adult children of same-sex couples and opposite-sex couples, as well as children growing up in single-parent homes and other types of households. Three key findings stood out to Allen:

children of married opposite-sex families have a high graduation rate compared to the others; children of lesbian families have a very low graduation rate compared to the others; and the other four types [common law, gay, single mother, single father] are similar to each other and lie in between the married/lesbian extremes.

Employing regression models and series of control variables, Allen concludes that the substandard performance cannot be attributed to lower school attendance or the more modest education of gay or lesbian parents. Indeed, same-sex parents were characterized by higher levels of education, and their children were more likely to be enrolled in school than even those of married, opposite-sex couples. And yet their children are notably more likely to lag in finishing their own schooling.

[…]The truly unique aspect of Allen’s study, however, may be its ability to distinguish gender-specific effects of same-sex households on children. He writes:

the particular gender mix of a same-sex household has a dramatic difference in the association with child graduation. Consider the case of girls. . . . Regardless of the controls and whether or not girls are currently living in a gay or lesbian household, the odds of graduating from high school are considerably lower than any other household type. Indeed, girls living in gay households are only 15 percent as likely to graduate compared to girls from opposite sex married homes.

Thus although the children of same-sex couples fare worse overall, the disparity is unequally shared, but is instead based on the combination of the gender of child and gender of parents. Boys fare better—that is, they’re more likely to have finished high school—in gay households than in lesbian households. For girls, the opposite is true. Thus the study undermines not only claims about “no differences” but also assertions that moms and dads are interchangeable. They’re not.

With a little digging, I found the abstract of the study:

Almost all studies of same-sex parenting have concluded there is “no difference” in a range of outcome measures for children who live in a household with same-sex parents compared to children living with married opposite-sex parents. Recently, some work based on the US census has suggested otherwise, but those studies have considerable drawbacks. Here, a 20% sample of the 2006 Canada census is used to identify self-reported children living with same-sex parents, and to examine the association of household type with children’s high school graduation rates. This large random sample allows for control of parental marital status, distinguishes between gay and lesbian families, and is large enough to evaluate differences in gender between parents and children. Children living with gay and lesbian families in 2006 were about 65 % as likely to graduate compared to children living in opposite sex marriage families. Daughters of same-sex parents do considerably worse than sons.

The author of the study is a professor of economics at Simon Fraser University in British Columbia. His PhD in economics is from the University of Washington.

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