A more logical parallel would note the affinity between judicial protection of the privacy and liberty of sexual minorities and similar protection of religious minorities. Both are desirable and they are entirely consistent. I am deeply puzzled by Professor Duncan's suggestion that there is some radical inconsistency between them.
The fact that America sadly failed to respect the religious liberty and privacy of the Mormons in the 19th century certainly is not a good argument not to protect the liberty and privacy of gay people in the 21st century. I (at any rate) happen to be one who thinks the Court was correct in both Boy Scouts v Dale and Lawrence v Texas. It would be a serious mistake for gay people (or anyone else) to promote efforts to restrict the freedom of any individual or group to harbor and express "homophobic" or "racist" or "anti-religious" or any other views, on any religious or other private basis. Of course, when such views are given effect in commercial services or employment (etc) otherwise offered to the public, that is an entirely different matter. Bryan Wildenthal Thomas Jefferson School of Law -----Original Message----- From: Rick Duncan To: [EMAIL PROTECTED] Sent: 7/14/03 9:20 AM Subject: Re: "Agenda" The analogy to the persecution of the LDS church is a very apt one, I think. If "private homophobia" is at least as great an evil as was polygamy, is society (or at least powerful secular elites in society) prepared to treat Catholics and traditional Christians the way it treated Mormans in the 19th Century? Will Catholics and traditional Christians (and orthodox Jews and the growing body of Islam in America) passively submit to persecution and to being treated as dirty and marginalized religions? This is why Scalia's suggestion of Kulturkampf is apt. If you want to equate the homosexual revolution with racial civil rights, be prepared for a very ugly campaign of religious persecution, and for a passionate ecumenical defense of religious liberty. Rick Duncan ===== Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 "Politics is not a bad profession. If you succeed there are many rewards, if you disgrace yourself you can always write a book." Ronald Reagan __________________________________ Do you Yahoo!? SBC Yahoo! DSL - Now only $29.95 per month! http://sbc.yahoo.com
