03-26-12 Common Council Meeting Minutes

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REGULAR MEETING MARCH 26, 2012 Bryan Beauman, Attorney, Alliance Defense Fund, exposed the lack of protection for individual employers of faith. Dr. Charles Rice, professor emeritus of law, at the University of Notre Dame, detailed the vagueness in the law and how it will put the government in the position of determining what the mission of a religious organization in and whether or not their beliefs are “good enough.” Professor Rice continually challenged the authors of the bill to eliminate vagueness and that if they know what the vagueness is supposed to mean, then they ought to “put it in the bill.” He concluded that the bill was not “a piece of legislation but an ideological manifesto.” Dr. Rice quoted the Catechism of the Catholic Church that states “homosexual acts are intrinsically disordered.” Councilmember Dr. Fred Ferlic objected to Dr. Rice’s statement and said that the catechism was wrong. Dr. Phil Sutton, 528 Ostemo Place, South Bend, Indiana, Clinical Physiologist, spoke opposed to the bill. He advised that he is a licensed family therapist and clinical social worker. He is licensed in Michigan and Ohio as a psychologist. He stated that he is a member of the National Association for Research in homosexuality, and the Director of the International Federation of Therapeutic Choice. He stated that he has written to the Council several times and won’t reiterate what he has written. He stated that in his personal and professional experience, persons having any of the GLBT lifestyles have been significantly disaffirmed in their lives. He regrets that his opposition to the ordinance may seem to any of them as a disaffirmation. He stated that the passing of this ordinance would disaffirm them even more. Falsehood always disaffirms and such an ordinance perpetuates the myths that homosexuality is innate or people are “born that way.” That homosexuality is unchangeable or that the GLBT behaviors and lifestyles are actually normal and healthy. He stated that he thinks this ordinance stands to disaffirm those who live the lifestyles as well as the general public and children. Given the significant risks to medical and mental health associated with these behaviors and lifestyles it is a disservice to those who live those lifestyles to treat their risky and potentially dangerous behaviors as it they were not. Experience in other cities that have passed similar ordinances shows that subsequent ordinances to legislate the promotion and acceptance of these lifestyles will follow. He stated that as a grandfather of five (5) and someone who has counseled in schools both public and private for 20 years, he has a particular concern that the counter pattern of gay activists petitioning local school corporations to teach GLBT lifestyles and behaviors as being normal, natural and healthy. We would disaffirm our schools age children by allowing them to be exposed to such ideas and encourage them to practice these behaviors. Not only because they have such a significant health risk but also because they can become compulsive in nature. The current ordinance does not address that issue, but experience elsewhere shows that once such an ordinance is passed it’s a foot in the door for activist to influence other areas of community life like the school curriculum. The government in the City of South Bend will have a difficult time enforcing this proposed ordinance for a simple reason: It is scientifically difficult to measure the concepts of sexual orientation or gender identity. There are frankly no biological or objective tests for doing so. In the end, self report, that means a persons word claiming to have a particular orientation or identity or not having them is what you are left with. In no way is either orientation or gender identity identifiable as sex, race and other existing characteristics covered by the city current non- discrimination code. He stated that it is an injustice to people who have suffered or still suffer based on “race, religion, color, sex, disability and natural origin” to have their suffering and efforts to obtain fair and equal treatment equal to sexual orientation or gender identity. He stated that he has read and heard recent accounts of African- Americans who have stated this view quite passionately. So many of those who live the GLBT lifestyles have not suffered access to employment, education, housing, or political participation to the significant extent of those minority race or other characteristics have. .While attempting to address the anticipated concerns of some members of the local GLBT community, he has yet to hear that significant discrimination exists. Also, as elsewhere there is irony that the local GLBT community appears to be as our other GLBT communities nationally and internationally so well advantaged in terms of education, employment, financial resources and political influence it is difficult to think that the 20