Elijah K. Nielson, JD, LLM, MSW MORMONS AND GAY RIGHTS: SHARED VALUES Elijah K. Nielson, JD, LLM, MSW INTRODUCTION ∗ Typing the words “mormon and gay rights” into one popular Internet search engine brings up around 1,670, 000 results in less than a minute, actually in about 0.16 seconds to be exact. Yet like most Internet searches, some of the information called up is credible, some information lacks credibility, and some information really is incredible in the most skeptical, hard-to-believe definition of that word. Clearly with all of the data available for those with Internet capabilities, greater discernment is required in its consumption. Perhaps T.S. Eliot said it best when he wrote, Where is the wisdom we have lost in knowledge? Where is the knowledge we have lost in information?1 Yet those who critically digest instead of naively imbibing from the Internet’s fountain of information will be able to form cogent, fact-based opinions from legitimate sources. Thus while a number of sources deride The Church of Jesus Christ of Latter-day Saints as a secretive, homophobic institution, this article is an attempt to publish the reality that the Church of Jesus Christ2 in certain instances can in fact be counted among the Gay Community’s3 greatest allies. The goal of this essay is to shed greater light on the common ground and shared goals of the Church of Jesus Christ and the collective Gay Rights Movement.4 In so doing, it is hoped that individuals on both sides of political debates will be more apt to view each other first and foremost as individual members of This views expressed herein are those of the author and do not necessarily represent the views of The Church of Jesus Christ of Latter-day Saints, its members, or members of the Gay Community. 1 T.S. ELIOT, The Eagle Soars in the Summit of Heaven, COLLECTED POEMS 1909-1962, 147 (1963). 2 An officially preferred shortened reference to The Church of Jesus Christ of Latter-day Saints, http://betanewsroom.lds.org/style-guide. 3 The term “Gay Community” is used generically in this article to refer collectively to lesbian, gay, bisexual, and transgender people and interests. 4 The term “Gay Rights Movement” is used generically in this article to refer collectively to social interests advocated for by members of the Gay Community. ∗ 1 Elijah K. Nielson, JD, LLM, MSW the great human race, each fully deserving of the others love, respect, and understanding. As the Chinese proverb explains, there can be “Harmony in spite of differences.” A SPECIFIC CONFLICT Yet working towards harmony in spite of differences does not mean that opposing viewpoints on fundamental issues will be erased. It is wholly unrealistic to think that agreements on every matter can be reached. On some subjects the doctrines of the Church of Jesus Christ are diametrically opposed to the political interests of the Gay Rights Movement. But perhaps the most well-known example of disagreement is the legalization of same-sex marriage. An Irreconcilable Difference The much-highlighted conflict between the Church of Jesus Christ and proponents of same-sex marriage seems almost to have arisen with the passage of the California Marriage Protection Act, known widely as Proposition 8, in November 2008. But it may be fair to say that this fundamental disagreement on same-sex marriage actually became more publicly pronounced beginning in the early to mid nineties. On May 5, 1993 the Supreme Court of Hawaii vacated and remanded the judgment of a lower court denying marriage licenses to same-sex couples.5 On remand, the Church of Jesus Christ petitioned for admission as a friend of the court for the defendant; this petition was denied by the circuit court and the denial subsequently upheld by the Supreme Court of Hawaii.6 The circuit court eventually held that denial of 5 6 Baehr v. Lewin, 74 Haw. 530 (1993). Baehr v. Miike, 80 Haw. 341, 343 (1996). 2 Elijah K. Nielson, JD, LLM, MSW a marriage license to same sex couples violated the Hawaii Constitution;7 the Supreme Court of Hawaii upheld this judgment.8 In the midst of this litigation, on September 23, 1995, then President of the worldwide Church of Jesus Christ Gordon B. Hinckley announced an official Church proclamation entitled “The Family: A Proclamation to the World”. This proclamation declared, among other things, that “marriage between a man and a woman is ordained of God . . .”9 and that “the sacred powers of procreation are to be employed only between man and woman, lawfully wedded as husband and wife.”10 The proclamation concluded with an exhortation for government leaders and citizens to support measures that supported traditional marriage.11 Around the same time Elder Dallin H. Oaks of the Quorum of the Twelve Apostles publicly emphasized that Church doctrines were clear in, “condemning those ∗ who engage in so-called “gay bashing”—physical or verbal attacks on persons thought to be involved in homosexual or lesbian behavior.”12 Furthermore, the Church of Jesus Christ consistently differentiated between opposing same-sex marriage and reaching out with compassion to members of the Gay Community themselves. In the words of President Hinckley, We want to help these people, to strengthen them, to assist them with their problems and to help them with their difficulties. But we cannot stand idle if they indulge in immoral activity, if they try to uphold and defend and live in a so 7 Baehr v. Miike, Not Reported in P.2d, 1996 WL 694235 (Hawai'i Cir.Ct.). Baehr v. Miike, 87 Hawai'i 34, (1997). 9 THE FAMILY: A PROCLAMATION TO THE WORLD para. 1, available at https://lds.org/study/familyproclamation?lang=eng. 10 Id. para. 4. 11 See, Id. para. 9. a leading body in The Church of Jesus Christ of Latter-day Saints. 12 Dallin H. Oaks, "Same-Gender Attraction", Ensign, 7, (Oct. 1995), available at http://lds.org/ensign/1995/10/same-gender-attraction?lang=eng#footnote20. 8 ∗ 3 Elijah K. Nielson, JD, LLM, MSW called same-sex marriage situation. To permit such would be to make light of the very serious and sacred foundation of God-sanctioned marriage and its very purpose, the rearing of families.13 For the Church of Jesus Christ, then, marriage is a directive from God, and only God has the authority, through revelation to his anointed prophet,14 to make changes to this commandment.15 And while critics point to the Church of Jesus Christ’s practice of polygamy during the 1800’s and early 1900’s, they often fail to account for the fact that in the Church of Jesus Christ the practice of polygamy both began and ended through revelation from God to his anointed prophet.16 Therefore because the Church of Jesus Christ believes God defines marriage as between man and woman, and because the Church of Jesus Christ believes only God can alter the institution of marriage, and because the Church of Jesus Christ believes that God has not altered nor redefined the institution of marriage at the present time, the matter of same-sex marriage is at a perpetual impasse. But an impasse on certain issues does not preclude parties from reaching a full-fledged agreement and experiencing wholehearted support on other matters. 13 Gordon B. Hinckley, What Are People Asking about Us?, ENSIGN, 70 (Nov. 1998) available at http://lds.org/general-conference/1998/10/what-are-people-asking-about-us-?lang=eng. 14 Amos 3:7 (King James). 15 See, Genesis 16:1–3; 29:23–30; 30:4, 9 (King James); Judges 8:30 (King James); e.g.,1 Samuel 1:1–2 (King James); Jacob 2:27-30 (The Book of Mormon: Another Testament of Jesus Christ); Doctrine & Covenants 132; Doctrine & Covenants Official Declaration 1; Gordon B. Hinckley, What Are People Asking about Us?, ENSIGN, 70 (Nov. 1998). 16 Doctrine & Covenants 132 (revelation to Joseph Smith on practice of plural marriage); Doctrine and Covenants Official Declaration 1 (revelation to Wilford Woodruff on the cessation of plural marriage). 4 Elijah K. Nielson, JD, LLM, MSW The Issue of Same-sex Marriage within the Gay Community Just as some members of the Church of Jesus Christ did not vote in favor of Proposition 8,17 there are some members within the Gay Community itself who clearly oppose same-sex marriage.18 One such opponent writes, The fact is most of us won't marry even if we have the right to. We are putting all our resources into winning a right that only the few of us in long-term conventional couple relationships will enjoy. What's more, we are creating a social climate in which young queers are encouraged to recast their vision of the relationships they seek to favor the married couple. This is not only a loss for the vibrancy of queer culture, it is a disservice to young people who will not be well served by their nuclear family ambitions. Just consider the high number of gay and lesbian divorces (yes, the rate is already high despite the fact that we have not even fully won the right to marry yet).19 He argues that by focusing so much on the one social issue of same-sex marriage, the Gay Community has “come to the point [where] many unthinkingly equate opposition to gay marriage with homophobia.”20 For this author, the key issues the Gay Community ought to focus on include “ . . . job discrimination, housing discrimination . . .family ostracism, [and] teen suicide . . . .” among other concerns.21 A SOLID ALLIANCE It is in these specific concerns of human rights that the Church of Jesus Christ is on common ground with the Gay Community. It is important to recognize these shared values in order for coalitions to be formed where appropriate. While the Church of Jesus 17 Carole Mikita, Steve Young Corrects Involvement in Prop. 8, K.S.L (Nov. 2, 2008), http://www.ksl.com/?nid=148&sid=4686916. 18 Bob Ostertag, Why Gay Marriage is the Wrong Issue, HUFFINGTON POST (Dec. 21, 2008 6:04 PM), http://www.huffingtonpost.com/bob-ostertag/why-gay-marriage-is-the-w_b_152717.html; Why I Oppose Gay Marriage, GAYS AGAINST GAY MARRIAGE (Nov. 11, 2008), http://nogaymarriage.wordpress.com/2008/11/11/why-i-oppose-gay-marriage/#comments. 19 Bob Ostertag, Why Gay Marriage is the Wrong Issue, HUFFINGTON POST (Dec. 21, 2008 6:04 PM), http://www.huffingtonpost.com/bob-ostertag/why-gay-marriage-is-the-w_b_152717.html. 20 Id. 21 Id. 5 Elijah K. Nielson, JD, LLM, MSW Christ and the overall Gay Community in many ways are on opposite sides of the conviction spectrum, they can build on common beliefs and at times work together effectively to achieve jointly held goals. Job and Housing Discrimination In Salt Lake City, Utah where the Church of Jesus Christ has its headquarters, the Church officially endorsed a “local ordinance banning discrimination against gay men and lesbians in housing and employment.”22 While reaffirming unequivocally its commitment “ ‘to defending the bedrock foundation of marriage between a man and a woman,’ ”23 the Church of Jesus Christ emphasized that the “The Church supports these ordinances because they are fair and reasonable and do not do violence to the institution of marriage. They are also entirely consistent with the Church’s prior position on these matters.”24 In this fashion the Church of Jesus Christ was able to effectively engage in and support this desire of the Gay Community because there was enough common ground between the interests of both parties to allow for a shared goal. Specifically, the issues presented were “the right of people to have a roof over their heads and the right to work without being discriminated against. . . .[but] the ordinances also attempt[ed] to balance vital issues of religious freedom”25 Notably, the Church commended the city for granting common-sense rights that should be available to everyone, while safeguarding the 22 Kirk Johnson, Mormon Support of Gay Right Statute Draws Praise, N.Y. TIMES (Nov. 11, 2009), http://www.nytimes.com/2009/11/12/us/12utah.html. 23 Id. 24 Michael Otterson, Managing Director of Church Public Affairs Statement Given to Salt Lake City Council on Nondiscrimination Ordinances, (10 Nov. 2009), availabled at http://betanewsroom.lds.org/article/statement-given-to-salt-lake-city-council-on-nondiscrimination-ordinances. 25 Id. 6 Elijah K. Nielson, JD, LLM, MSW crucial rights of religious organizations, for example, in their hiring of people whose lives are in harmony with their tenets, or when providing housing for their university students and others that preserve religious requirements.26 These actions demonstrated the Church’s readiness to actively engage in issues important to the Gay Community that did not threaten the Church’s interest in preserving traditional marriage or maintaining its religious freedom. These efforts were not lost on the largest gay rights group in Utah which noted, “What [the Church] said here is huge in protecting residents in other municipalities, and statewide. . . .” and pointed out that “the wording of the church’s statement was crucial” because the Church was clearly and unequivocally taking a position on the matter instead of being simply “ ‘not opposed’ to such measures.”27 Family Ostracism Another value shared by the Church of Jesus Christ with the Gay Community is the desire to prevent and address family ostracism. In the words of current President of the Church of Jesus Christ Thomas S. Monson, “May we also demonstrate kindness and love within our own families. Our homes are to be more than sanctuaries; they should also be places where . . . the storm stops at the door, where love reigns and peace dwells.”28 For the Church, it is imperative that individuals tell “the people we love that we love them. Such expressions do not need to be flowery or lengthy. We simply should sincerely and frequently express love.”29 Moreover, family members are encouraged to “talk with, rather than about, each other. [To] learn from each other, and [to] appreciate . . 26 Id. Kirk Johnson, Mormon Support of Gay Right Statute Draws Praise, N.Y. TIMES (Nov. 11, 2009), http://www.nytimes.com/2009/11/12/us/12utah.html. 28 Thomas S. Monson, Looking Back and Moving Forward, LIAHONA, 87-90, (May 2008), available at http://lds.org/liahona/2008/05/looking-back-and-moving-forward?lang=eng. 29 David A. Bednar, More Diligent and Concerned at Home, ENSIGN, 17-20 (Nov. 2009), available at http://lds.org/ensign/2009/11/more-diligent-and-concerned-at-home?lang=eng. 27 7 Elijah K. Nielson, JD, LLM, MSW . differences as well as our commonalities.”30 The strengthening of family relationships is a constant theme in the Church. This theme includes those with family members in the Gay Community: All should understand that persons (and their family members) struggling with the burden of same-sex attraction are in special need of the love and encouragement that is a clear responsibility of Church members, who have signified by covenant their willingness “to bear one another’s burdens” (Mosiah 18:8) “and so fulfil the law of Christ” (Gal. 6:2).31 The Church of Jesus Christ is continually working to improve in addressing the needs of its people. Teen Suicide The Church’s leadership seeks constantly to understand the needs and effectively address the respective problems of its people. Yet in 1995 Elder Dallin H. Oaks recounted how, in spite of repeated assurances that the Church condemned the sin but loved the sinner, the Church. . . continue[s] to experience misunderstandings about our positions on these matters. Last fall [1994] in an interview with a television reporter, one of our Church officials was asked, “What is being done in the Church to try to stop the atmosphere of hate towards homosexuals?” Nine years ago [1987], during a television interview on this subject, I was questioned about reports that the Church taught or implied “that these people are somehow pariahs … and these people hate themselves and that this is an attitude brought forth by the Church.”32 Elder Oaks acknowledged that these communications combined with questions from the Church’s own members “surely show the need for improvement in our communications with . . . [all] who are struggling with problems—all types of problems.”33 He then reemphasized that the Church “has a clear-cut doctrinal responsibility to show forth love 30 Dieter F. Uchtdorf, "Of Things That Matter Most", Ensign, 19-22 (Nov. 2010), available at http://lds.org/ensign/2010/11/of-things-that-matter-most?lang=eng. 31 Oaks, supra (emphasis mine) 32 Id. 33 Id. 8 Elijah K. Nielson, JD, LLM, MSW and to extend help and understanding. Sinners, as well as those who are struggling to resist inappropriate feelings, are not people to be cast out but people to be loved and helped (see 3 Ne. 18:22–23, 30, 32).”34 Unfortunately, in 2010 the Church of Jesus Christ continued to be misunderstood and have its position on the issues regarding the Gay Community misrepresented. Recently the Human Rights Campaign criticized a public address in October 2010 given by Elder Boyd K. Packer35 “for characterizing same-sex marriage as immoral” and allegedly making “inaccurate statements regarding same-sex attraction.”36 The organization’s president stated “We’re here today to tell Elder Packer. . . that his statements. . . are dangerous and are putting millions of lives in great danger.”37 A blogger referred to Elder Packer’s speech as “Anti-gay extremism.”38 Another Gay Rights Activist referred to Elder Packer as a “hard liner” and a “hate monger”,39 and organized a protest near Temple Square and Church Headquarters in Salt Lake City, Utah, in which thousands participated.40 The reason for the protest, he said, was that 34 Id. Presiding member of the Quorum of the Twelve Apostles in The Church of Jesus Christ of Latter-day Saints. His clarified address, entitled Cleansing the Inner Vessel is available at http://lds.org/generalconference/2010/10/cleansing-the-inner-vessel?lang=eng. 36 Scott Taylor, Mormon Church Clarifies intent of President Boyd K. Packer’s talk, DESERET NEWS, (Oct. 8, 2010 11:43 PM MDT) available at http://www.deseretnews.com/article/700072230/Mormon-churchclarifies-intent-of-President-Boyd-K-Packers-talk.html. 37 http://www.hrc.org/issues/religion/14971.htm. 38 http://www.aolnews.com/surge-desk/article/after-a-dissent-mormon-leaders-reaffirm-stance-against-gaymarr/19659421 39 Eric Ethington, Mormon Church Responds to HRC, PRIDE IN UTAH, (Oct. 12, 2010 2:11 PM), http://prideinutah.com/?tag=michael-otterson. 40 Thousands of gay activists protest at Mormon Church headquarters, http://www.fox13now.com/news/local/kstu-ut-gay-protest-set-on-mormon-leadersremarks,0,2412632.story; 2,000-3,000 protest for gay rights outside Mormon church offices in Salt Lake City, http://www.mormontimes.com/article/17723/2000-3000-protest-for-gay-rights-outside-Mormonchurch-offices-in-Salt-Lake-City 35 9 Elijah K. Nielson, JD, LLM, MSW “hate speech equal (sic.) LGBT suicides.”41 In addition, other reporters emphasized that Elder Packer’s address could “lead to more suicides among gay Mormons”42 and pointed out that some Americans “believe that messages from U.S. religious pulpits are connected to the rising rates of suicide among gay youths . . . .”43 Yet it is far fetched to consider Elder Packer’s words as “hate speech.” In the words of one editorial, “This focused attention on the LDS Church is deeply ironic given the church's shared condemnation of hate and violence toward gays and lesbians, its mutual support of anti-discrimination laws for gays and lesbians and its compassionate ministry to LDS Church members who have same-gender attraction.”44 The editorial then quoted a comment made previously by Elder Packer in which he said, to those struggling with same gender attraction, “We do not reject you…We cannot reject you, for you are the sons and daughters of God. We will not reject you, because we love you.”45 The Church of Jesus Christ itself issued a statement in response to the Human Rights Campaign’s petition. While the Church acknowledged its disagreement with the Human Rights Campaign “on many fundamentals” it also emphasized that the two groups “share some common ground.”46 The statement recognized the “tragic deaths across the 41 Jared Preusz, Thousands of Gay Activists Protest at Mormon Church Headquarters, FOX13 (Oct. 8, 2010), http://www.fox13now.com/news/local/kstu-ut-gay-protest-set-on-mormon-leadersremarks,0,2412632.story. 42 Peggy Fletcher Stack, Apostle: Same-sex attraction can change, SALT LAKE TRIBUNE, (Oct. 7, 2010), http://www.sltrib.com/sltrib/news/50404210-78/church-sex-lds-packer.html.csp. 43 Kristen Moulton, Survey Links Gay Suicides to Religious Messages, SALT LAKE TRIBUNE, (Oct. 22, 2010), http://www.sltrib.com/sltrib/home/50518515-76/americans-church-faith-gave.html.csp?page=1. 44 A Call for Civility following Mormon Apostle Boyd K. Packer’s Address, editorial in DESERET NEWS, 1 (Oct. 10, 2010), http://www.deseretnews.com/article/700072199/A-call-for-civility-following-MormonApostle-Boyd-K-Packers-address.html?pg=1. 45 Id. at 2, http://www.deseretnews.com/article/700072199/A-call-for-civility-following-Mormon-ApostleBoyd-K-Packers-address.html?pg=2. 46 Official Statement from Mormon Church in response to petition from gay rights group, DESERET NEWS, (Oct. 12, 2010 1:55 PM MDT), http://www.deseretnews.com/article/700073073/Official-statement-fromMormon-church-in-response-to-petition-from-gay-rights-group.html. 10 Elijah K. Nielson, JD, LLM, MSW country as a result of bullying or intimidation of gay young men.”47 And added, “We join our voice with others in unreserved condemnation of acts of cruelty, or attempts to belittle or mock any group or individual that is different—whether those differences arise from . . .sexual orientation, or for any other reason.”48 THE STANDING OF MEMBERS OF THE GAY COMMUNITY WITHIN THE CHURCH The statement continued by emphasizing that, within the Church of Jesus Christ, “parents. . .young adults, teens and children should. . . of all people be especially sensitive to the vulnerable in society and be willing to speak out against bullying or intimidation. . .towards those who are attracted to others of the same sex.”49 This is especially so “in our own Latter-day Saint congregations.”50 The Church “teaches a standard of moral conduct that will protect us from [the devil’s] many substitutes or counterfeits for marriage. We must understand that any persuasion to enter into any relationship that is not in harmony with the principles of the gospel must be wrong.”51 Thus, while “Some suppose that they were preset and cannot overcome what they feel are inborn temptations toward the impure and unnatural. [The Church declares] Not so! Remember, God is our Heavenly Father.” Therefore, “For those who truly desire it, there is a way back. Repentance is like unto a detergent. Even groundin stains of sin will come out.”52 Indeed, there may be “no more beautiful and consoling 47 Id. Id. 49 Id. 50 Id. 51 Boyd K. Packer, Cleansing the Inner Temple, ENSIGN, 74-77, (Nov. 2010), available at http://lds.org/ensign/2010/11/cleansing-the-inner-temple?lang=eng. 52 Id. 48 11 Elijah K. Nielson, JD, LLM, MSW words in all of revelation than these: ‘Behold, he who has repented of his sins, the same is forgiven, and I, the Lord, remember them no more.’ ”53 Yet while preaching the necessity of sexual purity as defined by God, the Church of Jesus Christ appreciates the fact that “those of its members who are attracted to others of the same sex experience deep emotional, social, and physical feelings.” 54 At the same time, the Church “distinguishes between feelings or inclinations on the one hand, and behavior on the other. It's not a sin to have feelings, only in yielding to temptation.”55 Therefore, members of the Church of Jesus Christ who experience same sex attraction but continue to live in accordance with Church doctrine “can enjoy full fellowship with other church members including attending and serving in temples, and ultimately receive all the blessings afforded to those who live the commandments of God.”56 Although there “is no question that” dealing with same-sex attraction “is difficult. . . church leaders and members are available to help lift, support and encourage fellow members who wish to follow church doctrine. Their struggle is [the Church’s] struggle.”57 CONCLUSION The Church of Jesus Christ, while claiming exclusive authority to administer God’s kingdom on the earth,58 has never claimed that its members are perfect or its 53 Id. Official Statement from Mormon Church in response to petition from gay rights group, Deseret News, (Oct. 12, 2010 1:55 PM MDT), http://www.deseretnews.com/article/700073073/Official-statement-fromMormon-church-in-response-to-petition-from-gay-rights-group.html. 55 Id. 56 Id. 57 Id. 58 Henry B. Eyring, "The True and Living Church", Ensign, 20-24, (May 2008), available at http://lds.org/ensign/2008/05/the-true-and-living-church?lang=eng. 54 12 Elijah K. Nielson, JD, LLM, MSW leaders omniscient or infallible.59 A major purpose of the Church of Jesus Christ is “to see the world made a better place in which to live, to see more care and concern for one another, and to see the cause of peace and reassurance increased in every direction and extended to all people.”60 . To the woman taken in adultery (which is a pretty good precedent for us), … [the Savior] was merciful and loving … , but he said, ‘Go thy way and sin no more.’ He loved the sinner; he condemned the sin. I think the Church does the same thing, imperfectly perhaps, but that’s what we teach our members: love the sinner, condemn the sin.61 In proclaiming its doctrine, the Church will likely continue to experience disagreements with members of the Gay Community. At the same time, harmony can exist in spite of differences. The Church of Jesus Christ of Latter-day Saints does have some common ground and shared values with the Gay Community. And on that common ground, the Church of Jesus Christ can be one of the Gay Community’s greatest allies. 59 e.g., Neal A. Maxwell, A Choice Seer, ENSIGN, 6 (Aug. 1986), available at http://lds.org/ensign/1986/08/a-choice-seer?lang=eng; Robert D. Hales, Agency: Essential to the Plan of Life, ENSIGN, 24-27 (Nov. 2010), available at http://lds.org/ensign/2010/11/agency-essential-to-the-plan-oflife?lang=eng; Thomas S. Monson, Charity Never Faileth, ENSIGN, 122-25 (Nov. 2010), available at http://lds.org/ensign/2010/11/charity-never-faileth?lang=eng. 60 Howard W. Hunter, "The Beacon in the Harbor of Peace", Liahona, 23 (Apr. 2002), at http://lds.org/liahona/2002/04/the-beacon-in-the-harbor-of-peace?lang=eng. 61 Oaks, supra, available at http://lds.org/ensign/1995/10/same-gender-attraction?lang=eng#footnote20. 13
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