ACLU behind Illinois'
forced hiring of 'gays'

A controversial amendment to the Illinois Human Rights Act, extending anti-discrimination protection on the basis of sexual orientation, was pushed vigorously in the legislature by the state chapter of the American Civil Liberties Union.

The law, signed by Gov. Rod Blagojevich last week, allows no exemptions for people or institutions with religious convictions against sodomy, cross-dressing, adultery, sex changes, pornography, incest, group sex or even bestiality.

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Some are suggesting the amendment is setting up a clash with the First Amendment protections of religious freedom.

The legislation, which had been stalled in the General Assembly for many years, was the focus of a major push by the ACLU of Illinois in 2004, according to the organization's annual report (pdf file). It says John Knight, director of the group's Gay, Lesbian, Bisexual, Transgendered Rights Project and ACLU legislative director Mary Dixon worked hard promoting the idea to the public and the bill to the legislators.

Knight assumed the position with the group in 2004 and also serves as the national ACLU's Midwest regional attorney for the Lesbian and Gay Rights and AIDS Projects.

The bill passed the General Assembly with bipartisan support. Of the 98 Democrat legislators, only 17 opposed it. They were joined by a single independent. In addition, 11 House Republicans and 3 Senate Republicans voted in favor of the measure.

The ACLU report suggests that same-sex marriage is also high on the organization's agenda.

"Confronting some of the unwarranted and mean-spirited arguments with reason, facts and stories about the real harm done to couples has been an important aspect of our work on behalf of the gay and lesbian community this year," it says. "John Knight is an integral part of this effort, planning a series of town hall meetings across the state of Illinois designed to 'bring home' the problems faced by lesbian and gay male couples and their families when these couples are denied the legal benefits extended to heterosexual couples, including legal rights to pensions, health insurance, hospital visitations and inheritance."

The annual report from the ACLU of Illinois included a photograph of one of the group's board members, David Goroff, in a "family portrait" with his male partner, Jay Behel, and their son.

The passage of the legislation has set off a firestorm of protest, particularly among the state's church leaders.

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The Illinois Family Institute, or IFI, a non-profit group affiliated with Focus on the Family, Family Research Council and Alliance Defense Fund, protested the governor's signing of the law.

The measure adds "sexual orientation" to the state law that bars discrimination based on race, religion and similar traits in areas such as jobs and housing.

"This legislation sends a clear message that we will not allow our citizens to be discriminated against," Blagojevich said in a statement. "What we're doing today is older than scripture: Love thy neighbor," the governor told the audience yesterday, according to the Associated Press. "It's what Jesus said when he gave his Sermon on the Mount: 'Do unto others what you would have others do unto you."'

Illinois is the 15th state to prohibit discrimination based on "sexual orientation."

But IFI Executive Director Peter LaBarbera notes the bill's sponsor, state Sen. Carol Ronen, D-Chicago, is on record stating it should be applied to churches, meaning they would not be allowed, for example, to reject a job applicant who practices homosexual behavior.

Ronen said: "If that is their goal, to discriminate against gay people, this law wouldn't allow them to do that. But I don't believe that's what the Catholic Church wants or stands for."

LaBarbera argues politicians who don't view homosexuality as a sin have no right to take away the freedom of churches and people of faith to disagree.

The law applies to organizations or businesses with more than 15 employees.

LaBarbera points out the Illinois law firm Ungaretti & Harris, which specializes in labor and employment issues, published an analysis of the measure, which says: "While many such municipal prohibitions on sexual orientation discrimination expressly exempt religious organizations from their coverage, the new amendment to Illinois' Human Rights Act does not."

The analysis adds: "The question inevitably presented by this omission is whether the Bill will be applied to compel religious organizations to set aside convictions about homosexuality when making employment decisions. ... The measure may ultimately force courts to consider and balance its ban on sexual orientation discrimination with State and Federal constitutional safeguards of religious freedom."

LaBarbera says that with enactment of this law, government is coming down on one side of a heated moral controversy by forcing the acceptance of homosexuality, bisexuality and transsexuality.

"It's about saying that 'gay rights' are more important than religious freedoms, and we hope ultimately it will be struck down in court," he said.

The bill was passed on the last day of a lame-duck legislative session after a campaign by the state's leading homosexual lobby, Equality Illinois.

Earlier story:

Churches barred from 'gay' discrimination