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Is opposing same-sex marriage 'hate speech'?
Suit claims 'family values' not 'homophobic'
Posted: March 18, 2004
1:00 a.m. Eastern
© 2004 WorldNetDaily.com
A U.S. district court ruled two employees of Oakland can go forward in
their case against city supervisors after they were barred from
advertising an informal group that respects "the natural family,
marriage and family values."
The city contended the bulletin-board flyer was "homophobic," although
it makes no mention of homosexuality.
The case is significant, because a decision against the employees
could result in silencing debate about homosexuality and related
issues in the state of California, says Richard Ackerman, whose
public-interest law firm is representing the two women.
"The court bordered on saying references to 'family values' could be
hate speech if it were to be proved those words were disruptive,"
Ackerman told WorldNetDaily.
"If we are silenced on the issue of speaking out against same sex
marriage, it's all over," said Ackerman of Lively and Ackerman.
Regina Rederford and Robin Christy filed the suit in U.S. District
Court in Oakland last July against the city of Oakland and two city
supervisors who enforced a policy they insist is unconstitutional.
The judge dismissed claims against the city of Oakland but allowed the
claims to proceed against the supervisors, Joyce Hicks, deputy
director of the Community and Economic Development Agency, and
then-City Manager Robert Bobb.
On an employee bulletin board where a variety of political and
sexually oriented causes are promoted, Rederford posted a flyer Jan.
3, 2003, titled, "Preserve Our Workplace With Integrity." The entire
text said:
"Good News Employee Associations is a forum for
people of Faith to express their views on the contemporary issues of
the day. With respect for the Natural Family, Marriage and Family
values.
If you would like to be a part of preserving integrity in the
Workplace call Regina Rederford @xxx-xxxx or Robin Christy @xxx-xxxx"
The flyer was removed the same day, however, by order of Hicks.
In a Feb. 20 memo announcing a newly revised workplace
anti-discrimination policy, Hicks noted recent incidents of employees
"inappropriately posting materials" in violation of that policy.
"Specifically," she wrote according to a copy obtained by WND, "flyers
were placed in public view which contained statements of a homophobic
nature and were determined to promote sexual orientation-based
harassment."
While a ruling against Rederford and Christy might restrict debate
about homosexuality, a decision in their favor could set a precedent
that would overturn anti-discrimination policies in the state.
Ackerman's firm said that could happen if the judge approaches this
case as a contest between the First Amendment and the
anti-discrimination policy.
"This is one of the cleanest examples of blatant free-speech
discrimination that I've ever seen - the fact that the city actually
acknowledged that they were discriminating, based on content, in their
own memo," said attorney Scott Lively.
The state of California and many local jurisdictions have added sexual
orientation as a protected category in areas such as housing and
employment laws and school policies.
"Citizens should retain the right to criticize alternative sexual
lifestyles without fear of retaliation or retribution," Lively
contends.
The complaint charges Hicks and Bobb violated their clients'
constitutional right to "to pray, associate, communicate religious
ideas, and worship" according to the U.S. Constitution and the laws
and regulations of the city of Oakland.
Received from Mission America
www.missionamerica.com
(1)
Shocking porn used as educational material and
other articles See also:
Top 20 Gay Affronts in Public
Schools
Devastating Consequences of Homosexual Marriage Part 1 & 2
Homosexuality Is Not Normal by Ben Cerruti, MichNews.com
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