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First Amendment Outdated? Obama Nominates Homosexual Equivalency Advocate to EEOC

By Deacon Keith Fournier
October 1st, 2009
Catholic Online (

As I watch the appointment of radical social activists such as Chai Feldblum to significant positions I grow increasingly concerned.

WASHINGTON, D.C. (Catholic Online) – The White House Press Secretary issued this release: Chai R. Feldblum, Nominee for Commissioner, Equal Employment Opportunity Commission. “Chai Feldblum is a Professor of Law at the Georgetown University Law Center where she has taught since 1991. She also founded the Law Center’s Federal Legislation and Administrative Clinic, a program designed to train students to become legislative lawyers. Feldblum previously served as Legislative Counsel to the AIDS Project of the American Civil Liberties Union. In this role, she developed legislation, analyzed policy on various AIDS-related issues, and played a leading role in the drafting of the Americans with Disabilities Act of 1990 and, later as a law professor, in the passage of the ADA Amendments Act of 2008. She has also worked on advancing lesbian, gay, bisexual and transgender rights and has been a leading expert on the Employment Nondiscrimination Act.”

Ms. Feldman’s work to, in the words of the announcement, advance “lesbian, gay, bisexual and transgender rights”, places marriage and religious freedom in America at grave risk. She is prolific and has written extensively about her legal views concerning the Bill of Rights and its protection of religious freedom. The Administration had to have known about her radical views. In a scholarly article entitled Moral Conflict and Liberty: Gay Rights and Religion Chai Feldman discussed her novel legal theory concerning how what she calls “religious belief liberty” and “sexual orientation liberty” should interface in America. She proposes nothing less than a radical restructuring of American Constitutional Law. She does so with the seemingly innocuous language so often used in scholarly legal writing, when it is intended to advance a radical agenda. In fact, her style can make the dangerous impact of her proposal somewhat elusive to the casual reader.

Ms. Feldblum is a practicing Lesbian and an advocate for the Homosexual Equivalency agenda. She sees a conflict between the Religious "Free Exercise" constitutional claims of Christians and the “equal rights” claims of practicing homosexuals, at least as they are viewed by the Homosexual Equivalency movement. She writes in this article: “I want to suggest that the best framework for dealing with this conflict is to analyze religious people’s claims as belief liberty interests under the Due Process Clauses of the Fifth and Fourteenth Amendments, rather than as free exercise claims under the First Amendment”.

As a constitutional lawyer, let me clarify what she is saying for my readers. This homosexual activist lawyer - who will soon have a significant role as an enforcer of “Equal Rights” at the Federal level - actually believes that the protections provided under the First Amendment to the U.S. Constitution have become outdated. She does not think that the Free Speech, Free Association and Free Exercise Clauses are the best safeguard for the religious person or for religious institutions any longer. She wants the legal analysis of their claims in her new America to proceed through the application of the “Due Process” clauses under the 5th Amendment and the 14th Amendment as "belief liberty" interests and be balanced against what she calls "sexual liberty" interests. That seems to include an apparent right to choose your own gender and engage in almost any sexual activity or arrangement and have it recognized as a "right".

For example, an analysis of her legal writing makes it crystal clear that she believes that homosexual paramours should be granted legally equivalent status to married heterosexual couples. As a story below reveals she sees no place for a recognition of marriage as between a man and a woman, intended for life, as the first cell of society. In fact, she supporst polygamous arrangements and homosexual pairings as equally valid "families".Further, she believes that failure to recognize an equivalency between homosexual paramours and married couples constitutes a violation of their fundamental constitutional rights. If she is able to make this new analysis the prevailing policy of the EEOC, it will have a dangerous effect on Catholic and other Christian institutions which enter into the stream of commerce. Basically,that means engage in any business.

Think about this in light of the recent example of Government hostility to the Catholic Church in the United States, the threatened action of the EEOC (the very Institution she will soon lead), against Belmont Abbey College. Belmont Abbey College is an unabashedly and heroically faithful Catholic College in North Carolina which refused to include abortion, sterilization and contraception in the Health care coverage it offers to its employees. They expected that they would be exempt under State and Federal Laws when they received notice from the State EEOC that a claim of discrimination had been filed against them.

Then, just when the College thought that the matter would be dismissed, it was bumped up to the "D.C. Office". The Federal EEOC then took the case and also took action against the Catholic College. The theory of the Commission in this enforcement action is that since only women can have abortions and take contraceptives, Belmont Abbey, in refusing to provide these “services” discriminated against women. Of course, the College was simply being Catholic. Lest some of my readers doubt the implications of Ms. Feldman’s legal theories, I quote once again, directly from her scholarly article:

“As a general matter, once a religious person or institution enters the stream of commerce by operating an enterprise such as a doctor’s office, hospital, bookstore, hotel, treatment center and so on, I believe the enterprise must adhere to a norm of nondiscrimination on the basis of sexual orientation and gender identity. This is essential so that an individual who happens upon the enterprise is not surprised by a denial of service and/or a directive to go down the street to a different provider. While I was initially drawn to the idea of providing an exemption to those enterprises that advertise solely in very limited milieus (such as the bed & breakfast that advertises only on Christian Web sites), I became wary of such an approach as a practical matter. The touchstone needs to be, I believe, whether LGBT people would be made vulnerable in too many locations across society.”

Is the hostile action of the EEOC against Belmont Abbey College a harbinger of what is to come in Ms. Feldblum’s new America as she leads the EEOC? I admit that as I read her homosexual equivalency ideological positions and the convoluted Constitutional analysis she has concocted to make them the law of our Nation, I worried about just that possibility. I also thought of the well funded Homosexual activist group, The Human Rights Campaign, and how pleased they must be with her nomination. They are the leading public interest advocates of what I have long called the “Homosexual Equivalency Movement”.

I use that phrase intentionally to get the real issue across to people. This is not about discrimination against anybody. These folks I refer to as "homosexual equivalency" supporters insist that all Americans recognize a legal equivalency between true marriages and cohabitating practicing homosexuals or face legal punitive consequences. These folks are social and cultural revolutionaries. The Human Rights Campaign uses the Courts and the legislature to force this kind of new America on all of us. They want to have the Police Power of the State as the enforcer of their cultural revolution and Ms. Feldblum may soon make it possible.

It is no accident that they were quick to praise this nomination in a September 15th Release: “ The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, praised President Barack Obama today for announcing his intent to nominate Chai Feldblum for Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). “We commend President Obama for his nomination of Chai Feldblum to the U.S. Equal Employment Opportunity Commission,” said Human Rights Campaign President Joe Solmonese. “Professor Feldblum’s commitment to protecting the civil rights of all Americans makes her eminently qualified for Commissioner of the EEOC. Professor Feldblum is a committed advocate for equal rights for LGBT Americans. Her work on the Employment Non-Discrimination Act has been invaluable to advancing the cause of employment protections for the LGBT community. “

On the day that Barrack Obama took the oath of office as the 44th President of the United States he said these words “Starting today, we must pick ourselves up, dust ourselves off and begin again the work of remaking America.” Unfortunately, the America which is emerging, at least as it relates to the fundamental human right to life for every human person from conception to natural death, and the primacy of authentic marriage as between one man and one woman and the family built upon it, is becoming a place where Catholics and other Christians may soon be forced to either retreat from participation in commerce, or face outright persecution.

In what seems like so many years ago now, I sat in my first Constitutional Law class, filled with a dream of using my own career in legal advocacy to defend children in the first home of the whole human race, their mother’s womb. I also dreamed of defending the Catholic Church in her role as a prophetic voice of conscience in this Nation. I remember my Professor telling us that the Law Review articles we would write could become tomorrow’s law. As I watch the current administrations’ appointment of radical social activists such as Chai Feldblum to significant positions, I grow increasingly concerned for the Nation.

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