Licensing
proposal could require lawyers to endorse homosexuality
By Bob Unruh of WorldNetDaily.com
One of the top lawyers in the nation in the battle to protect traditional marriage (historically
Christian lifestyle choices, parental rights and the key freedoms provided
by the U.S. Constitution) is warning
that there eventually could be no lawyers left to take up those disputes.
That’s
because of a recommendation before the State Bar of Arizona – the organization
that licenses attorneys – to require all new lawyers
to swear they won’t let their personal religious perspective on homosexuality
affect their representation of any client. Mathew Staver, chief of Liberty
Counsel, warns that the proposal is just the “tip of the iceberg.”
According to reports
in Arizona, the state bar is considering a major change to its existing oath
that requires lawyers to affirm they won’t “permit considerations of gender,
race, age, nationality, disability or social standing to influence my duty
of care” to clients. The proposal in Arizona is to add “sexual orientation”
to that list.
Already, several
dozen attorneys have sent a letter objecting to the plan, and concern has been
raised by the online Catholic.org report. “Are these lawyers going to be
excluded from their profession because of their religious beliefs? Or will they
have to give up their beliefs in order to continue practicing?” the report
asked. “The Catholic Church teaches that: ‘homosexual acts are intrinsically
disordered.’ They are contrary to the natural law. They close the sexual act to
the gift of life. They do not proceed from a genuine affective and sexual
complementarity. Under no circumstances can they be approved.,” Catholic Online
continued. “Does this mean that all Catholic lawyers in the state of Arizona
will now either have to apostatize from the faith or lose their jobs?”
Staver has argued
in courts across the nation, including the U.S. Supreme Court, on a wide range
of fundamental constitutional questions. He’s appeared to discuss
constitutional issues on The O’Reilly Factor, Hannity and Colmes, Good Morning
America, the Today show and others. He said Arizona’s plan isn’t unique, citing
controversial provisions already in force in Minnesota and the District of
Columbia. But he said
“It is a disturbing
trend,” Staver said. “It opens a wide
door against people like us who defend traditional marriage. We’re not going to represent someone who’s
engaged in the homosexual lifestyle and the issue deals with that matter.
Obviously from our perspective, we would take that into consideration,” he continued.
Staver said the
change actually would require Christian lawyers to endorse and support the
homosexual lifestyle choice that their deeply held religious beliefs may not
allow. “What if you represent someone in
a divorce and you’re the attorney of record. Afterwards this person enters into
a lesbian lifestyle and wants a change of custody. They want the child. That
presents Christian attorneys with a conflict with their religious beliefs.
Would (that Christian lawyer) want to continue to represent that person?” Staver
asked. “It would be pushing that child into a homosexual lifestyle.”
Staver says he’s
seen the threat to lawyers coming for some time already. “We’ve talked about the fact one of the major
threats coming down the road as Christian attorneys is bar regulations with
regard to homosexuality,” he said. “What we’re seeing in Arizona is the tip of
the iceberg. If they can license you out
of defending traditional morality, they can eventually capture the whole court
system. There would be nobody left to defend traditional marriage,” he continued.
Staver said there already are a number of bar association
codes preventing lawyers from “denigrating” others such as opposing counsel.
For example, remarks on race or sex are disallowed.
When homosexuality
is given the special protected status previously reserved for issues like race,
Christians face choices for which there is no right answer, he said. “These are
significant threats,” Staver said. “It further illustrates the conflict between
the homosexual agenda and the Christian world view.”
Staver noted the
attacks already have begun. Opposing lawyers in a lesbian custody dispute in
which Liberty Counsel is participating have already asked the court to fine
Staver’s organization $100,000, accusing the group of being “engaged in a
nationwide effort to take away rights of gays and lesbians,” he said.
Such attacks on
Christian lawyers mirror attacks already taking place on Christian churches
because of their biblical disapproval of the homosexual lifestyle. Staver’s organization is working on one such
case, a discrimination complaint brought by two lesbians who were denied
permission to rent a Christian group’s facilities for a “ceremony.” That pending situation involves the United
Methodist Ocean Grove Camp Meeting Association, which has been accused by the
government in New Jersey of discriminating against a self-described lesbian
duo, Luisa Paster and Harriet Bernstein, who were denied permission to rent a
church pavilion. The pavilion is on church-owned beachfront property near
Asbury Park and had been open to the public for decades under an agreement
reached between the church and the local government.
One of the provisions
of the agreement was that the pavilion would be open to the public “on an
equal basis,” according to the report from Liberty Counsel. But in 2007 the
state adopted a new definition of equal, granting civil union rights to same-sex
couples. The lesbians wanted the pavilion, the church refused on grounds its
religious beliefs did not allow that, and the state now is pursuing a discrimination
case.