From: GLB-News Forwarding Subject: Religion as a behavior To: Multiple recipients of list GLB-NEWS Status: R The following is for public information for unrestriced use, and may be reproduced as needed. Idaho For Human Dignity, Inc. P.O. Box 797 Boise, Idaho 83701 Telephone: (208)336-5160 P R E S S R E L E A S E ICA Chairman states that religion is not protected by current civil rights legislation. Mr. Walton and the Idaho Citizens Alliance must publicly clarify their erroneous position regarding protection for `behavior` under state & federal civil rights laws. Boise, Idaho. March 3, 1993. In a television appearance on the KTVB-Boise Channel 7 news program "Viewpoint," aired on Sunday, February 28, 1993, Idaho Citizens Alliance Chairman Kelly Walton erroneously denied that religion is protected under current civil rights statutes. Walton made the statement only minutes after agreeing to run a truthful campaign in support of the ICA's anti-gay initiative, and to apologize for untruthful statements of fact made in the campaign. Walton stated on the program that "nowhere will you find religion as a minority protected status," and also that religion is "not established by civil rights legislation since the 1960s." He was asked to comment on the issue in the context of the his argument that homosexuality is a "behavior," and therefore should not be protected by the civil rights laws like race and national origin. Walton further argued that such characteristics as race and national origin are protected by the law because the people who hold them "are born that way," as opposed to gays and lesbians, who allegedly have "chosen" to be homosexual. The problem with Walton's argument is twofold: First, its fundamental premise is wrong; the civil rights laws of both the federal and state governments already protect people from private acts of discrimination based upon a behavior: their religious affiliation. Section 2000a of Title 42, United States Code, prohibits discrimination in places of pubic accommodation, not only on the basis of "race, color, and national origin," as Kelly Walton argues, but also on the basis of "religion." Section 2000e of the same title prohibits discrimination on the basis of religion as an unlawful employment practice. The federal Fair Housing Act, in Section 3602 of Title 42, United States Code, prohibits discrimination in the sale or rental of housing on the basis of religion, in addition to forbidding discrimination on the basis of race, color, sex, familial status, handicap, or national origin. The Idaho Human Rights Act in Section 5909 of Title 67, Idaho Code, specifically prohibits discrimination on the basis of religious affiliation in employment, public accommodations, education, real estate/housing, and credit. Secondly, Walton misstates the facts on the issue of choosing one`s sexuality. Factually, no scientific study has proven what causes homosexuality - or, for that matter, heterosexuality. It is still not known whether or not sexuality is an innate characteristic or a chosen behavior. Scientific studies to date are inconclusive, and both sides of the argument can selectively use narrow studies to `prove` their case. Neither is correct, and conclusive results are probably a decade away as research in this area was stifled during the past twelve years. Convincing people that homosexuality is a "chosen behavior" is central to the Religious Right's opposition to legal civil rights protections on the basis of sexual orientation. Walton, and those he represents, want Idahoans to believe that protecting citizens on the basis of a "chosen behavior," as opposed to an immutable trait or characteristic, is somehow unprecedented. The entire premise of the Oregon and Idaho Citizens Alliance's proposed initiatives hinge on this faulty assumption. Civil rights protections for people of religious faith are afforded for a very good reason. Like gay, lesbian, and bisexual people, people of various religious faiths - Jews, Mormons, and Catholics, for example - have been subjected to a history of invidious discrimination in the United States. People in Idaho do not have to look very far back in their state's history for examples of shocking and unconscionable acts of discrimination committed against people of the Mormon faith. It is difficult to believe that anyone would argue that there should be no remedy under the law for discrimination committed against an individual on the basis of his or her religious faith, merely because religious status is a "behavior." Yet that is exactly what Kelly Walton and the Idaho Citizens Alliance are saying about sexual orientation. If you ask gay and lesbian people if their sexual orientation is a "choice" they have made, most will probably tell you that they don't know why they are attracted to members of their same sex, they just are. And most would tell you that they have not made a conscious choice to be gay or lesbian. Kelly Walton and the Religious Right are using the argument that homosexuality is a "chosen behavior" as a smokescreen for their real agenda, justifying intolerance, bigotry, and prejudice against gay and lesbian citizens because their sexual orientation is different from that of the majority population. Whether gays and lesbians choose to be who they are is irrelevant; the real question is whether they should be afforded the equal protection of the laws like all other citizens. Idaho For Human Dignity calls upon the people of Idaho to look beyond the Religious Right's rhetoric of "minority status," "special rights" and "behavior." Idahoans should ask themselves: is Walton purposefully misrepresenting religious affiliation as not being a protected status under current civil rights laws, or is he simply ignorant about what the law actually states regarding religion? Does the ICA believe that they have a `special righteousness" to legislate discrimination against Idaho citizens that they disagree with? Why does the ICA claim to know what `causes` sexual orientation, when reputable scientists have not reached similar conclusions? Whatever the answers are to these questions, we ask: Can Idaho trust Walton and his organization to tell the truth about gays and lesbians, when they have misrepresented the facts about religion as a protected civil right under current law? Finally, Idaho For Human Dignity calls upon Kelly Walton to publicly acknowledge that he has misrepresented the civil rights laws on religious affiliation., and that he has misrepresented the facts in stating that sexual orientation is a `chosen` behavior. The Idaho Citizens Alliance has not even made the language of their initiative public yet, and already Kelly Walton has broken his pledge to tell the truth. Mr. Walton owes the Idaho public an apology for his false statements of fact publicized on February 28, 1993. A complete transcript of Kelly Walton's statements regarding religion as a protected civil right is attached to this press release as an addendum. -30- Addendum to Idaho For Human Dignity, Inc. Press Release The following is a transcript of Kelly Walton's statements regarding religion as a protected civil right, as seen on KTVB-Boise Channel Seven's "Viewpoint" Program, February 28, 1993; Kim Eckert (Idaho Statesman reporter): "Kelly, you've said that gays should not attain minority status because sexual orientation is a behavior. What do you say when people argue that religion is protected under the constitution and the Idaho code, and religion, arguably, is a behavior. What is your response to that? Kelly Walton (Chairperson of Idaho Citizens Alliance): That's a real good question, Kim. Nowhere will you find religion as a minority protected status... Brian Bergquist (Chairperson of Idaho For Human Dignity): I'm sorry, but it's in the Idaho civil rights bill and its in the 1964 civil rights act specifically as a minority protected status. Walton: When I look at articles like this or publications like this (holding up an Idaho Department of Transportation study), the people that are protected are people that are born that way or are disabled - blacks, women, native Americans... Bergquist: How about people who are Jewish? I mean no offense, but in this country there's been a history of religious intolerance. In this state it was illegal or unconstitutional to be a Mormon until the mid 1980s. Religions protections were put into law, because people of religion were discriminated against. Walton: That is true in the constitution and the bill of rights... Bergquist: No, it's not in the bill of rights. The bill of rights says that government is not going to impose a state religion, and its not going to hinder religion. It doesn't say anything about protecting individuals from other individuals. That's the 1964 civil rights bill and the state civil rights bill... Walton: But nowhere is religious belief a minority. You would have to agree with that? Bergquist: I guess I don't understand how Judaism is a majority, or the Mormon faith is a majority. Those are minority groups. Walton: But they're not established by civil rights legislation since the 1960s as... Bergquist: Sure they are. Walton: No, they're not." Note: Call KTVB-Boise at #375-7277 to purchase a copy of the original tape of the "Viewpoint" program. for more information contact Brian Bergquist at (208)336-5160