Many codes intended to protect gays from harassment are illegal, conservatives argue.
By Stephanie Simon
April 10, 2006
ATLANTA — Ruth Malhotra went to court last month for the right to be intolerant.
Malhotra says her Christian faith compels her to speak out against homosexuality. But the Georgia Institute of Technology, where she’s a senior, bans speech that puts down others because of their sexual orientation.
Malhotra sees that as an unacceptable infringement on her right to religious expression. So she’s demanding that Georgia Tech revoke its tolerance policy.
|FOR THE RECORD:
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.
With her lawsuit, the 22-year-old student joins a growing campaign to force public schools, state colleges and private workplaces to eliminate policies protecting gays and lesbians from harassment. The religious right aims to overturn a broad range of common tolerance programs: diversity training that promotes acceptance of gays and lesbians, speech codes that ban harsh words against homosexuality, anti-discrimination policies that require college clubs to open their membership to all.
The Rev. Rick Scarborough, a leading evangelical, frames the movement as the civil rights struggle of the 21st century. “Christians,” he said, “are going to have to take a stand for the right to be Christian.”
In that spirit, the Christian Legal Society, an association of judges and lawyers, has formed a national group to challenge tolerance policies in federal court. Several nonprofit law firms — backed by major ministries such as Focus on the Family and Campus Crusade for Christ — already take on such cases for free.
The legal argument is straightforward: Policies intended to protect gays and lesbians from discrimination end up discriminating against conservative Christians. Evangelicals have been suspended for wearing anti-gay T-shirts to high school, fired for denouncing Gay Pride Month at work, reprimanded for refusing to attend diversity training. When they protest tolerance codes, they’re labeled intolerant.
A recent survey by the Anti-Defamation League found that 64% of American adults — including 80% of evangelical Christians — agreed with the statement “Religion is under attack in this country.”
“The message is, you’re free to worship as you like, but don’t you dare talk about it outside the four walls of your church,” said Stephen Crampton, chief counsel for the American Family Assn. Center for Law and Policy, which represents Christians who feel harassed.
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.
“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.
‘We just found the chain of evolution, the continuity through time’
By Seth Borenstein
April 12, 2006
WASHINGTON – The latest fossil unearthed from a human ancestral hot spot in Africa allows scientists to link together the most complete chain of human evolution so far.
The 4.2 million-year-old fossil discovered in northeastern Ethiopia helps scientists fill in the gaps of how human ancestors made the giant leap from one species to another. That’s because the newest fossil, the species Australopithecus anamensis, was found in the region of the Middle Awash — where seven other human-like species spanning nearly 6 million years and three major phases of human development were previously discovered.
“We just found the chain of evolution, the continuity through time,” study co-author and Ethiopian anthropologist Berhane Asfaw said in a phone interview from Addis Ababa. “One form evolved to another. This is evidence of evolution in one place through time.”
The findings were reported Thursday in the scientific journal Nature.
The species anamensis is not new, but its location is what helps explain the shift from one early phase of human-like development to the next, scientists say. All eight species were within an easy day’s walk of each other.
Until now, what scientists had were snapshots of human evolution scattered around the world. Finding everything all in one general area makes those snapshots more of a mini home movie of evolution.
“It’s like 12 frames of a home movie, but a home movie covering 6 million years,” said study lead author Tim White, co-director of Human Evolution Research Center at University of California at Berkeley.
“The key here is the sequences,” White said. “It’s about a mile thickness of rocks in the Middle Awash and in it we can see all three phases of human evolution.”
Modern man belongs to the genus Homo, which is a subgroup in the family of hominids. What evolved into Homo was likely the genus Australopithecus (once called “man-ape”), which includes the famed 3.2 million-year-old “Lucy” fossil found three decades ago. A key candidate for the genus that evolved into Australopithecus is called Ardipithecus. And Thursday’s finding is important in bridging — but not completely — the gap between Australopithecus and Ardipithecus.
In 1994, a 4.4 million-year-old partial skeleton of the species Ardipithecus ramidus — the most recent Ardipithecus species — was found about six miles from the latest discovery.
“This appears to be the link between Australopithecus and Ardipithecus as two different species,” White said. The major noticeable difference between the phases of man can be seen in Australopithecus’ bigger chewing teeth to eat harder food, he said.
While it’s looking more likely, it is not a sure thing that Ardipithecus evolved into Australopithecus, he said. The finding does not completely rule out Ardipithecus dying off as a genus and Australopithecus developing independently.
The connections between Ardipithecus and Australopithecus have been theorized since an anamensis fossil was first found in Kenya 11 years ago. This draws the lines better, said Alan Walker of Penn State University, who found the first anamensis and is not part of White’s team.
Rick Potts, director of the Smithsonian’s Human Origins Program, agreed: “For those people who are tied up in doing the whole human family tree, being able to connect the branches is a very important thing to do.”