Tim Wildmon
Hate Group Leader Tim Wildmon – American Family Association

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The thought of having a lesbian continue to serve on the Equal Employment Opportunity Council is too much for American Family Association to bear. According to the hate group:

In December 2017, President Trump re-nominated Chai Feldlbum [sic] to serve as Commissioner of the EEOC. Feldblum is the same anti-religious liberty and pro-LGBT zealot whom President Barack Obama nominated in 2010. Her previous term ended July 1, 2018. It is time that President Trump withdraw Feldblums [sic] nomination and replace her with a Constitutional conservative who will protect the First Amendment.

Feldblum’s influence at the EEOC places a so-called right to sexual deviancy (sexual sin) over and above religious liberty. Her mixed-up views force Christians to abandon their deeply held religious beliefs on marriage and sexuality.

Before I continue with this drivel, sexual activity that AFA does not approve of is not a “so-called right.” That is dishonest rhetoric. According to the ruling in Lawrence v. Texas (2003), sodomy laws are unconstitutional. It is an absolute right.

Furthermore, AFA’s idea of the First Amendment is inconsistent with the Supreme Court’s rulings on Free Exercise, notably Employment Division v. Smith (1990). People are free to worship chocolate yogurt but AFA would have Free Exercise provide a right to discriminate regardless of applicable law. That could change but right now that is the law of the land. Note that the federal RFRA does not apply to state and local law.

AFA continues pro forma:

For example, when there is a legal conflict between religious liberty and sexual deviancy, Feldblum has said:

I’m having a hard time coming up with any case in which religious liberty should win…Sexual liberty should win in most cases. There can be a conflict between religious liberty and sexual liberty, but in almost all cases the sexual liberty should win because that’s the only way that the dignity of gay people can be affirmed in any realistic manner.

That is from a 2006 interview with Maggie Gallagher for the Weekly Standard. Feldblum contends that she was misquoted. At the time, Gallagher was livid that Catholic Charities in Massachusetts opted (or was forced, depending upon your point of view) to get out of the adoption business rather than conform to nondiscrimination laws.

We do not need to resolve that controversy. The issue is resolved with Feldblum’s performance on the Commission where she has served for two four-year terms. AFA can provide no evidence that Commissioner Feldblum has been unfair to religion in any way whatsoever. Feldblum is a descendent of a long line of Orthodox Jewish rabbis.

At this time, Senator Mike Lee (R-UT) is holding up the vote on Feldblum unless Mitch McConnell intervenes (which seems highly unlikely). Minority Leader Schumer has claimed that there are enough Republican votes to re-confirm Commissioner Feldblum. According to Lee, Feldblum holds ““extreme views on the use of government power to crush religious minorities.”

True to form, AFA wants people to contact Trump to urge him to withdraw the nomination. According to hate group leader Tim Wildmon, in the same email:

In 2014, Feldblum’s EEOC, with assistance from the ACLU, argued for a transgender employee’s rights before the U.S. Court of Appeals for the 6th Circuit. In this case, a Christian business owner of a funeral home had fired employee Anthony Stephens, who was undergoing “gender transitioning” and wearing women’s clothes to work. The business owner said this violated his Christian beliefs, but the EEOC argued that a Christian business owner could not fire a transgender employee for religious reasons. The court agreed.

Feldblum does not own, and never has owned, the EEOC. That was the majority decision of the Commission. The correct name of the employee is Aimee Stephens (which is how the case is captioned). The Sixth Circuit held that the funeral home unlawfully discriminated and that the funeral home did not demonstrate that Title VII “would
substantially burden [the owner’s] religious exercise, and therefore the Funeral Home is not entitled to a
defense under RFRA.” There is a great deal more to this ruling. ADF was on the losing end of the decision.

The case is currently on appeal to the Supreme Court which has made no decision on whether or not it will hear the case. AFA cannot claim that the funeral home has been denied due process. The issue has little to do with religious liberty. Rather it is the more technical matter of whether or not Title VII is applicable to gender identity.

AFA clearly wants the balance to shift to religious priorities. That is in defiance of our secular culture and the Establishment  Clause. AFA has a reading disability in regards to the First Amendment. According to them:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof [imposition of religion]; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.