Michael Hichborn, American Life League

Author of Soros-funded CCHD defense stands by report despite bevy of omissions and errors

Michael Hichborn, American Life League
By Michael Hichborn

June 24, 2013 (LifeSiteNews.com) - On June 11, the liberal organization Faith in Public Life published a report attacking the investigative work of the Reform CCHD Now coalition, which has worked for nearly three years now to promote a thoroughgoing top-down reform of the U.S. Bishops’ Catholic Campaign for Human Development after discovering that dozens of its grantees promote activities contrary to Catholic teaching.

Shortly after Faith in Public Life (FIPL) released its report, LifeSiteNews revealed that FIPL’s CEO was on a panel of “pro-choice clergy” at a Planned Parenthood event that focused on how ‘pro-choice’ clergy could “make social change in support of reproductive justice in communities across the country.”  LifeSiteNews also pointed out that FIPL published numerous blog entries defending Planned Parenthood, including this one where FIPL states that it “compiled quotes from faith leaders opposing government shutdown over Planned Parenthood funding.” It’s a little more than ironic that a pro-abortion, Soros-funded organization is crying foul over our investigative reporting that profiles pro-abortion, pro-homosexual, pro-birth control and Marxist organizations receiving money from the Catholic Church.

Even beyond the irony, however, the FIPL report is full of glaring errors and omissions that must be addressed.  But before publishing this response to FIPL’s report, I thought it would be important to contact John Gehring, the author of FIPL’s report, in order to give him a chance to address the errors I found in his document. So, I called Mr. Gehring and asked him if he would have time to answer some questions, and he asked me to submit them via email.  I did.  In fact, I sent him all of the information I provide below and asked him if he was aware of these facts when he wrote the report.  This is what he said in reply to my questions:

Michael,

Thanks for your questions. Since the report speaks for itself I prefer not getting into a back and forth on these detailed questions. Here is a statement that you can use.

John Gehring

“The goal of this report is to protect and strengthen the vital work of the Catholic Campaign for Human Development,” said John Gehring, Catholic program director at Faith in Public Life. “Self-appointed watchdog groups like the American Life League have sought to destroy the reputation of Catholics who serve our Church, demonize social justice leaders and create a climate of fear that hurts effective efforts to empower low-income communities. It is essential to preserve the distinctive Catholic identity of CCHD while also recognizing that if the Church only associates with people who agree with Catholic teaching on every issue, our ability to serve the common good in a diverse society is severely limited. As Pope Francis said in a recent homily, Catholics should be building bridges, not walls. The prominent Catholic leaders who endorsed this report are determined to help strengthen CCHD’s mission at a time when Pope Francis challenges us to confront the moral scandal of poverty and growing inequality.”

I wrote Mr. Gehring back immediately and said, “Just so I don’t misrepresent you, is it safe to say that in light of the facts I sent you, you still stand by your report as it is written?”  Mr. Gehring did not respond. 

What follows is a point by point correction of the errors in FIPL’s report, and in the spirit of intellectual honesty, we call upon FIPL to correct the record.

Land Stewardship Project

The report claims on page 4 that the Land Stewardship Project, a former CCHD grantee, lost its funding because of its membership in two coalitions: Take Action Minnesota and the Minnesota Council of Non-Profits.  FIPL contends that the CCHD denied funding to LSP because the two coalitions of which it is a member “did not endorse the Minnesota bishops’ efforts to fight same-sex marriage.” 

Simply put, this is untrue.  These two coalitions didn’t merely “not endorse” the bishops’ efforts to fight against same-sex “marriage,” but took positions in direct opposition to the Church.  For instance, on March 30, 2006, the Minnesota Council of Non-Profits "announced opposition to” the Minnesota State Legislature’s effort to ban same-sex “marriage.” Furthermore, Take Action Minnesota actually hired field canvassers to drum up support for same-sex “marriage.”

The information regarding Take Action Minnesota actually takes on a deeper meaning when page 13 of FIPL’s report attempts to build a story around the Land Stewardship Project’s “Associate Director/Director of Programs/Policy Program Director”, Mark Schultz.  Specifically, the report says:

Mark Schultz grew up a proud Catholic boy on the South Side of Chicago. His faith and family taught him lessons about justice and solidarity with the marginalized that he still carries today as the policy and organizing director of the Land Stewardship Project.  The Minneapolis-based organization, founded in 1982, trains new farmers, challenges large-scale factory farms that have poor records on labor rights, and advocates for more sustainable local agriculture. “My faith is the reason I’m an organizer,” Shultz said.

What the report leaves out is that Mark Schultz is not only a director of LSP; he is also the chairman of the board of Take Action Minnesota, and has been chairman of the board at least since April of 2011, a full month before Take Action Minnesota officially endorsed same-sex “marriage.” Furthermore, in February of 2011, Mark Schultz himself announced that Take Action Minnesota is, among other things, “gay, lesbian, bisexual, transgender, and straight.”

In short, FIPL’s report misrepresented the true nature of the problems with the two coalitions that the Land Stewardship Project was told to leave if it wished to continue receiving Catholic funds.  But more to the point, FIPL completely failed in its attempt to paint a picture that Reform CCHD Now’s investigative report accused LSP of guilt by association by deliberately omitting the fact that Land Stewardship Project’s second in command is also the top dog at Take Action Minnesota.  When all the facts are present, it is clear that the Land Stewardship Project is guilty by participation, not association.

Companeros

The report falsely claims on page 4 that Companeros lost its CCHD funding “because of its association with a statewide immigrant rights coalition that included a single gay and lesbian advocacy group.”  If this were the case, then FIPL’s claims of guilt by association would be correct, but this is not the case. 

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Here are the facts.  Companeros is a member of the Colorado Immigrant Rights Coalition (CIRC), in fact, one of its founding members, and Companeros’ program director, Nicole Mosher, is on CIRC’s board of directors. This means that the actions taken by CIRC directly represent Companeros.  The problem is that CIRC has worked in direct opposition to Catholic moral teaching, which places Companeros in violation of CCHD guidelines.  For instance, CIRC “was proud to actively support the 2011 civil unions bill” for homosexual couples, directly opposed the Defense of Marriage Act, participated in a “gay pride” parade, specifically stated an organizational goal to “build non-traditional Alliances with focus on LGBT, non-Latino immigrant/refugees and Welcoming Colorado supporters,” voiced support for transgenderism, and applauded the recognition of same-sex couples on customs forms.  Incidentally, Companeros itself participated in a CIRC event that had a whole section on the cross-promotion of homosexuality and immigrant issues.

FIPL’s claim that Companeros lost funding due to membership in a coalition that also has a homosexual advocacy group as a member is completely unfounded.  The simple fact is that Companeros is a member of and on the board of an organization that took positions and actions that are in direct opposition to Catholic moral teaching.  This is why Companeros lost its funding.

The Gamaliel Foundation

The FIPL report discusses the Reform CCHD Now coalition’s charge that the Gamaliel Foundation directly lied to the CCHD about its relationship with the Fair Immigration Reform Movement.  In its assessment, FIPL accurately illustrates the fact that Gamaliel was a member of FIRM and that FIRM took an official position in support of homosexuality. FIPL then presents Gamaliel’s claim that Gamaliel left FIRM in 2010 because of this official position and ends with the statement that American Life League alleges that Gamaliel lied about this.  What the report fails to mention, however, is why ALL and the Reform CCHD Now coalition charged Gamaliel with lying when it claimed to have left FIRM in 2010.

As is evidenced in the report published by the Reform CCHD Now coalition, Gamaliel housed several documents on its own website, identifying it as a member of FIRM and as being on FIRM’s executive committee for the year 2011, a full year after it allegedly “severed all ties with FIRM.” Furthermore, a set of FIRM’s own meeting minutes from a monthly conference call identifies Ana Garcia Ashley, Gamaliel’s executive director, as a participant on the call and lists Gamaliel as a nominee for FIRM’s executive committee for the year 2012. Gamaliel has never denied this evidence but attempted to hide it all, and refuses to discuss the discrepancy between its claims and the evidence we noted.

Since John Gehring actually cited Reform CCHD Now’s report on Gamaliel in his own report, I asked him specifically why he left out the rest of the information.  As shown above, he declined to comment on the omission.

WISDOM

On page 18 of FIPL’s report, they attempt to make the case that the Reform CCHD Now coalition “branded WISDOM as an anti-Catholic organization” simply because it is a member of a coalition that happened to show up at a rally “along with some pro-choice groups.”

Not only is this not what the Reform CCHD Now report says, but the entire scenario described in FIPL’s report is patently false.

Here are the facts.  As you can read in our report here, the problem starts with the fact that the Gamaliel affiliate group called WISDOM is a member of and on the board of directors of an organization called Citizen Action of Wisconsin.  Our report, on page 8, clearly identifies Citizen Action of Wisconsin as a participant in a rally that was “mad as Hell” because the state legislature had just voted on a bill that “curbed abortion rights and ended comprehensive sex education in schools.” The point of that citation was to illustrate that Citizen Action of Wisconsin was itself participating in pro-abortion and pro-birth control activities, and according to CCHD guidelines, this would mean that WISDOM cannot be a member if it wishes to receive CCHD funding.  However, it is interesting that FIPL failed to mention the more direct bit, where on page 9 of our report we provided a link from Citizen Action of Wisconsin’s own podcast from July 7, 2011 featuring a representative from Planned Parenthood and statements from Citizen Action of Wisconsin’s own executive director championing same-sex marriage.

FIPL claims it was honestly attempting to defend an injustice done through a false accusation. If this was true, it wouldn’t need to seriously contort the claims made in our CCHD grantee reports, nor would it need to leave out the strongest pieces of evidence. FIPL should be happy to know, however, that honesty is not among the things we are accusing it of.

Conclusion

The distortions and untruths in Faith in Public Life’s “report” make it clear that they are not interested in justice, the poor, or honesty in reporting.  The mere fact that the report’s author refuses to address the glaring inaccuracies shows that he is more interested in furthering an agenda than the truth.  But in addition to the irony that an organization so friendly with Planned Parenthood is rushing to the defense of the Catholic Campaign for Human Development, the homosexuality lobby group Human Rights Campaign endorsed FIPL’s report, just a few days after it was published.  HRC emphatically claimed that it is unjust “that a network of conservative Catholic organizations would choose to withhold funds from local groups working with the poor because they support marriage equality and the LGBT community.”

All of this leads to two conclusions:

  1. The Reform CCHD Now campaign is having a definitive impact on the lobbying efforts of pro-abortion and pro-homosexual organizations.  There would be no reason for the obvious effort of writing this slick 28-page report and obtaining its long list of endorsers, otherwise. 

  2. FIPL and HRC both make the arguments that in order to help the poor, it is essential for CCHD grantees to join coalitions that support abortion and homosexuality, proving what the Reform CCHD Now coalition has been saying all along: CCHD grantees are indeed members of pro-abortion and pro-homosexual coalitions, and such membership is necessary to advance abortion and homosexuality in American society. 

Michael Hichborn is Director of Defend the Faith, a project of American Life League.

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Banning reparative therapy for gay minors is ‘a form of child abuse’: former homosexual (Video)

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By Ben Johnson

SPRINGFIELD, IL, February 27, 2015 (LifeSiteNews.com) – Not only would Illinois legislators not be protecting children by enacting a ban on “conversion therapy,” they would be engaging in “a form of child abuse,” according to a man who left the homosexual lifestyle three decades ago.

Stephen Black of the Restored Hope Network told the Illinois Family Institute that reparative therapy helps minors who struggle with unwanted same-sex attraction.

While opponents have said that psychological counseling to reduce sexual attraction violates truth in advertising laws and borders on torture, Black described it as little more than “pastoral care for people who want to come out of homosexuality.”

The Conversion Therapy Prohibition Act (H.B. 217), introduced by Democratic State Rep. Kelly Cassidy, would ban such therapy for minors, subjecting medical professionals to discipline by the licensing or medical review board.

"It would be tragic not to allow someone to have self-determination," Black said. "It's a form of child abuse."

“You've got a teenager...[who] actually believes the Bible. He finds himself same-sex attracted,” Black said. “In the Bible...the loving thing to do is to repent, to turn away from this type of lifestyle.”

“Now, this legislation is going to come in and keep him from getting the help he wants,” Black said.

He added that such legislation undermines the family, which may wish to steer a child away from homosexuality – with its attendant higher risk of STDs, depression, and suicide.

Legislation such as H.B. 217 says that “government knows best,” according to Black, and “conflicts with religious liberties.”

He finds confirmation in an unlikely source – far-Left Democratic Congressman Ted Lieu of California. As a state senator, Lieu introduced the ban on reparative therapy, signed into law by Gov. Jerry Brown. Lieu said at the time, “The attack on parental rights is exactly the whole point of the bill.” Barack Obama endorsed Lieu in his successful race for U.S. Congress in 2014.

Stephen Black says he has benefited from reparative therapy himself. After converting to Christianity, he says he eventually left behind his homosexual attraction.

Today, he's a proud grandpa. And he says other teens should have that same opportunity.

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He knows society is quickly turning its back on traditional moral stands, but he and Restored Hope Network continue to uphold the Biblical standard on all sexual activity outside heterosexual marriage, however unpopular his view.

“It's not politically correct, but it's Biblically correct,” Black said.

The Illinois House rejected a similar ban last April. IFI and Concerned Women for America, among others, have asked citizens to urge elected officials to oppose the bill.  

(Story continues following video.)

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Mark Regnerus

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New research on same-sex households reveals kids do best with mom and dad

Mark Regnerus
By Mark Regnerus

February 27, 2015 (ThePublicDiscourse.com) -- A new study published in the February 2015 issue of the British Journal of Education, Society, and Behavioural Science appears to be the largest yet on the matter of same-sex households and children’s emotional outcomes. It analyzed 512 children of same-sex parents, drawn from a pool of over 207,000 respondents who participated in the (US) National Health Interview Survey (NHIS) at some point between 1997 and 2013.

Results reveal that, on eight out of twelve psychometric measures, the risk of clinical emotional problems, developmental problems, or use of mental health treatment services is nearly double among those with same-sex parents when contrasted with children of opposite-sex parents. The estimate of serious child emotional problems in children with same-sex parents is 17 percent, compared with 7 percent among opposite-sex parents, after adjusting for age, race, gender, and parent’s education and income. Rates of ADHD were higher as well—15.5 compared to 7.1 percent. The same is true for learning disabilities: 14.1 vs. 8 percent.

The study’s author, sociologist Paul Sullins, assessed a variety of different hypotheses about the differences, including comparative residential stability, experience of stigma or bullying, parental emotional problems (6.1 percent among same-sex parents vs. 3.4 percent among opposite-sex ones), and biological attachment. Each of these factors predictably aggravated children’s emotional health, but only the last of these—biological parentage—accounted for nearly all of the variation in emotional problems. While adopted children are at higher risk of emotional problems overall, being adopted did not account for the differences between children in same-sex and opposite-sex households. It’s also worth noting that while being bullied clearly aggravates emotional health, there was no difference in self-reported experience of having been bullied between the children of same-sex and opposite-sex parents.

Vocal critics, soon to emerge, will likely home in on the explanatory mechanism—the fact that two mothers or two fathers can’t possibly both enjoy a biological connection to a child—in suggesting the results of the study reveal nothing of value about same-sex households with children. On the contrary, the study reveals a great deal. Namely, there is no equivalent replacement for the enduring gift to a child that a married biological mother and father offer. It’s no guarantee of success. It’s not always possible. But the odds of emotional struggle at least double without it. Some critics might attribute the emotional health differences to the realities of “adoption by strangers,” but the vast majority of same-sex couples in the NHIS exhibited one parent with a biological relationship with the child.

Even research on “planned” same-sex families—those created using assisted reproductive technology (ART)—reveals the significance of biological ties. Sullins notes such studies

have long recognized that the lack of conjoined biological ties creates unique difficulties and relational stresses. The birth and non-birth mother . . . are subject to competition, rivalry, and jealousy regarding conception and mothering roles that are never faced by conceiving opposite-sex couples, and which, for the children involved, can result in anxiety over their security and identity.

The population-based study pooled over 2,700 same-sex couples, defined as “those persons whose reported spouse or cohabiting partner was of the same sex as themselves.” This is a measure similar to that employed in the US Census, but it has the advantage of clarity about the sexual or romantic nature of the partnership (being sure to exclude those who are simply same-sex roommates). Among these, 582 had children under 18 in the household. A battery of questions was completed by 512 of them.

Lies, Damned Lies, and Statistics

This is not the first time the NHIS data have been used to analyze same-sex households and child health. A manuscript presented at the 2014 annual meeting of the Population Association of America assessed the same data. Curiously, that manuscript overlooked all emotional health outcomes. Instead, the authors inquired only into a solitary, parent-reported measure of their “perception of the child’s overall health,” a physical well-being proxy that varies only modestly across household types. Hence, the authors readily concluded “no differences.”

I’m not surprised.

This juxtaposition provides a window into the state of the social science of same-sex households with children. Null findings are preferred—and arguably sought—by most scholars and journal editors. Indeed, study results seem to vary by author, not by dataset. It is largely a different approach to the presentation of data that distinguishes those population-based studies hailed by many as proof of “no differences” from those studies denounced by the same people as “junk science.”

In fact, population-based surveys of same-sex households with children all tend to reveal the same thing, regardless of the data source. It’s a testimony to the virtues of random sampling and the vices of relying on nonrandom samples, which Sullins argues—in another published study—fosters “a strong bias resulting in false positive outcomes . . . in recruited samples of same-sex parents.” He’s right. Published research employing the New Family Structures Study (NFSS), the ECLS (Early Childhood Longitudinal Study), the US Census(ACS), the Canadian Census, and now the NHIS all reveal a comparable basic narrative, namely, that children who grow up with a married mother and father fare best at face value.

The real disagreement is seldom over what the data reveal. It’s how scholars present and interpret the data that differs profoundly. You can make the children of same-sex households appear to fare fine (if not better), on average, if you control for a series of documented factors more apt to plague same-sex relationships and households: relationship instability, residential instability, health and emotional challenges, greater economic struggle (among female couples), and—perhaps most significantly—the lack of two biological connections to the child. If you control for these, you will indeed find “no differences” left over. Doing this gives the impression that “the kids are fine” at a time when it is politically expedient to do so.

This analytic tendency reflects a common pattern in social science research to search for ‘‘independent’’ effects of variables, thereby overlooking—or perhaps ignoring—the pathways that explain how social phenomena actually operate in the real world. By way of a helpful comparison, I can state with confidence that after controlling for home ownership, residential instability, single parenthood, and neighborhood employment levels, there is no association between household poverty and child educational achievement. But it would be misleading to say this unless I made it clear that these were the pathways by which poverty hurts educational futures—because we know it does.

The academy so privileges arguments in favor of same-sex marriage and parenting that every view other than resounding support—including research conclusions—has been formally or informally scolded. I should know. The explosive reaction to my 2012 research about parental same-sex relationships and child outcomes demonstrates that far more is at work than seeking answers to empirical research questions. Such reactions call into question thepurpose and relevance of social science. Indeed, at least one sociologist holds that social science is designed “to identify and understand the various underlying causal mechanisms that produce identifiable outcomes and events of interest.” That this has not been the case with the study of same-sex households raises a more basic question.

Is the point of social science to win political arguments? Or is its purpose to better understand social reality?

What to Expect from a Topic Emerging from Its Infancy

One byproduct of better data—or perhaps the smell of impending victory by proponents of civil same-sex marriage in America—may be greater intellectual honesty about such relationships. Indeed, researchers have admitted the tendency to downplay “any inequities between same-sex partners . . . in part because of the dominant mantra that same-sex couples are more equal than different sex couples.”

It’s not the only consequential admission. Scholars are increasingly—and openly—squabbling over the nature of sexual orientation itself, signaling the comparative infancy of the social science here. Moreover, there’s a good deal of sexual identity switching being reported among young adults, a fact that does not comport with a honed narrative of immutability.

So should scholars trust self-reported sexual orientations? If people report something different a few years later, should we attribute this to their malleable sexuality or consider them heterosexual “jokesters” bent on messing with survey administrators? It is profoundly ironic that social scientists make strong social constructionist arguments about nearly everything except sexual orientation.

Stanford demographer Michael Rosenfeld’s survey project How Couples Meet and Stay Together (HCMST) reveals that while only 3 percent of heterosexual married persons reported being “at least sometimes attracted” to persons of a gender other than the gender of their current partner in the past year, the same was true of 20 percent of men in same-sex relationships and 33 percent of women in same-sex relationships. While the malleability of self-identified lesbian women is now taken for granted among social scientists of sexuality, the one-in-five figure among men in gay relationships is higher than most would guess.

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In keeping with the data, expect those robust legal arguments leaning on the immutability of sexual orientation to bleed out within the next five years. Indeed, sociologists have never been fans of such biological essentialism, but have kept their mouths shut out of a sense of political duty to a movement they helped birth. No more.

Social scientists will soon wrestle with, rather than overlook, the elevated levels of poverty among well-educated lesbian women in America (as seen in the ACS, NFSS, NHIS, and HCMST). Until now, scholars predictably elected to employ income as a control variable in their studies of child and adult life outcomes, enabling them to avoid confronting the reasons for the unprecedented negative association of education with income among the population of same-sex female couples. Here again, it’s not been about understanding but about winning political battles.

We will also learn much more about the relationship stability distinctions that are common in the data between gay and straight parents. Unpublished research exploring the stability rates of same-sex and opposite-sex couples using data from yet more population-based surveys finds that claims about thecomparability of same-sex and heterosexual couple stability (again, after a series of controls) are actually limited to couples without children. For couples with children, the dissolution rate for same-sex couples is more than double that of heterosexual couples. What remains unknown yet is whether this difference is an artifact that will disappear with legal marriage rights. I doubt it, given that same-sex relationships are distinctive in other ways, too. But it’s an empirical question.

As it turns out, the NFSS was not unique. It was simply more transparent than most datasets and offered a clearer glimpse into the messy reality of many Americans’ household histories. It did the work social science was intended to do—to richly describe and illuminate—but in so doing invited unprecedented hostility.

On a Thursday morning in late June 2015, Americans will be treated to the Court’s decision about altering an institution as old as recorded human history. But one thing that day will not change is the portrait of same-sex households with children. After a series of population-based data-collection projects, we know what that looks like: a clear step down, on average, from households that unite children with their own mother and father.

Biology matters—as new research released this week confirms—and no amount of legislation, litigation, or cheerleading can alter that. Whether the high court will elect to legally sever the rights of children to the security and benefits of their mother's and father’s home is anyone’s guess.

Reprinted with permission from The Witherspoon Institute. 

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Michael Stokes Paulsen

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The case for imposing gay ‘marriage’ is remarkably similar to that for slavery. But can the GOP produce a new Abe Lincoln?

Michael Stokes Paulsen
By Michael Stokes Paulsen

February 27, 2015 (ThePublicDiscourse.com) -- No, of course Old Abe never said a lick about same-sex marriage. The idea would have been unheard of in the 1850s—or even the 1950s. The issue of Lincoln’s day was slavery—in particular, the extension of that peculiar institution into federal territories and even into free states. But in connection with the slavery issue, Lincoln had plenty to say about the use and abuse of judicial authority to propagate social policy and about the dangers of judges usurping legislative authority. The man whose birth we honored two weeks ago thus spoke, indirectly, to one of the central controversies of our own era, and to a case pending before the Supreme Court right now.

Lincoln’s specific concern was the expansion of slavery into federal territories, mandated by the Supreme Court’s horrendous decision in Dred Scott v. Sandford, in 1857. Lincoln warned of the prospect of a “second Dred Scott” decision following on the heels of the first, mandating the extension of slavery into (formerly) “free” states where the institution of slavery was banned, like Illinois. “We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free,” Lincoln intoned, in the famous House Divided speech launching his (unsuccessful) 1858 campaign for Senate, “and we shall awake to the reality, instead, that the Supreme Court has made Illinois slave State.”

The logic of the Dred Scott case, Lincoln argued, would seem to imply that no state could deny recognition to the property rights of slaveholders coming from another state. Dred Scott had held that a right to own slave property, conferred by the laws of a slave state, bound the federal government, in administering federal territories that had not yet become states. Federal law could not ban slavery in the territories, for that would unfairly and unconstitutionally deprive slave-owners of a benefit they had possessed under state law, and thus deny them “due process of law.”

However convoluted and unpersuasive the Court’s reasoning, Lincoln recognized the implications of its logic: if the federal government had to recognize slavery as a result of some states’ laws, how could a free state (like Illinois) deny recognition to slave status conferred by a slave state’s laws (like Missouri’s)?

A House Divided

Lincoln warned that politicians and judges, like builders working according to a common plan, were preparing the framework to make slavery the uniform national rule: “Put that and that together, and we have a nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a state to exclude slavery within its limits.” And once that had happened, a state could scarcely deny to all citizens of a state the same “constitutional right” to the institution of slavery that it had to recognize to newcomers or travelers from slave states. A case presenting exactly these issues was kicking around in the New York courts, and seemed at the time destined to make it to the US Supreme Court, presenting the perfect opportunity for such a second Dred Scott.

“A house divided against itself cannot stand,” Lincoln said, quoting Jesus. Lincoln did not expect the house to fall, but he did expect that “it will cease to be divided. It will become all one thing, or all the other.” The only way to prevent slavery from becoming the national rule was to resist the decision of the Supreme Court and to seek to prevent its extension—to “meet and overthrow the power of” the “political dynasty” that was seeking to extend slavery to the entire nation.

Lincoln lost that Senate campaign to the incumbent Stephen Douglas, but then beat Douglas in a rematch two years later, this time for the presidency. The rest, as they say, is history: southern states revolted against what they considered a revolting, lawlessly antislavery president; Lincoln considered it his constitutional duty to maintain the Union, faithfully execute the laws, and put down the rebellion; and during a four-year bloody Civil War that tragically claimed 620,000 lives—more than all of America’s other wars combined—Lincoln found it necessary to proclaim the emancipation of slaves held in the states in rebellion. The Thirteenth Amendment, abolishing slavery throughout the nation, was proposed by Congress 150 years ago this month, and Lee surrendered to Grant 150 years ago this April. Barely a week after that, Lincoln was killed by an assassin’s bullet—having seen, but never entered, the promised land of a nation free of slavery.

Parallels between Dred Scott and Windsor

So what does all this have to do with same-sex marriage? A lot. Two years ago, in the contrived test case of Windsor v. United States, a bare majority of Supreme Court justices held that a legal status conferred by state law had to be recognized within the federal sphere. The court held that to deny such a status, as federal law did, violated the Due Process Clause of the Fifth Amendment.

In legal form and substance, the decisions in Windsor and Dred Scott are surprisingly parallel. Windsor involved a same-sex marriage that was recognized by the state of New York but not recognized by the federal government due to the Defense of Marriage Act (DOMA). The Court held that DOMA denied “due process of law” because it withheld federal recognition to a state-law legal status. That is exactly the same thing the Court did in Dred Scott. Instead of marriage, Dred Scott involved the status of slavery, which was recognized by the state of Missouri, but not by federal law in federal territory. Scott’s master, a captain in the army, had taken Scott to Fort Snelling, in the free federal territory of present-day Minnesota. The federal Missouri Compromise of 1820 banned the status of slavery in federal territory north of a designated line. Dred Scott held that the Missouri Compromise denied “due process of law” because it withheld federal recognition to a state-law legal status. That is just what Windsor did with respect to DOMA.

In both Dred Scott and Windsor, the Court’s legal analysis was transparently result-oriented: the justices wanted a particular result, and manipulated the law to reach the outcome they thought preferable as a social-policy matter. In both cases, the majority’s “reasoning” wanders aimlessly before finally settling into the same oft-discredited judicial invention of “substantive due process”—the idea that it is simply morally wrong, or mean, for a democracy to deny a legal right or status conferred under the law of a different jurisdiction. In both cases, the majority opinions were subject to devastating dissents, and they produced greatly divided public reaction. It is hard to avoid the conclusion that Dred Scott and Windsor are two peas from the same judicial-activist pod.

A Second Windsor?

Lincoln warned that there could be a “Second Dred Scott” making slavery national. “Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome or unwelcome, such decision is probably coming.”

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Could there be a “Second Windsor” making same-sex marriage national?

Quite possibly yes. A case is now pending before the Supreme Court asking whether four states—Ohio, Michigan, Kentucky, and Tennessee—acted unconstitutionally by not recognizing the status of same-sex marriages under their laws. Some of the plaintiffs are same-sex partners who were married under the laws of other states before moving to a state not recognizing such status. Other plaintiffs seek simply to be married in their home states, the laws of which limit marriage to opposite-sex couples.

Just as with Dred Scott and slavery, the logic of Windsor does not quite require extension to invalidate the laws of every state that denies same-sex marriage status. But an argument will be made that it does. The reasoning of Windsor is that it was gratuitously and indefensibly mean, and therefore unconstitutional, for the federal government to deny recognition to a same-sex marriage recognized under state law. Just as Lincoln asked with respect to Dred Scott, how likely is it the Court will say that a state can then deny to other state’s citizens, or even to its own, the status of same-sex marriage? “Put that and that together,” as Lincoln said, “and we have another nice little niche” for the next Supreme Court decision.

Same-sex marriage is obviously an entirely different social institution than slavery. Reasonable and honorable people today disagree about whether the traditional view of marriage as a conjugal and intrinsically male-female union should be abandoned for an understanding of marriage as embracing any sexual-romantic bond into which two (or more) people might enter. Nobody today disagrees about slavery.

But that is not the point. The point is that, in the structure and logic of the legal arguments made for judicial imposition of an across-the-board national rule requiring every state to accept the institutions, the two situations appear remarkably similar.

If recent lower court opinions on marriage are any guide, the judicial winds may be blowing on the marriage question in the same direction Lincoln seemed to perceive them blowing on the question of extending slavery into northern states by judicial decree. (Lincoln’s prediction probably would have proved right had he not been elected president.) As with slavery in the 1850s, so too with same-sex marriage in 2015: the house very likely will soon cease to be divided. I wouldn’t want to say it’s inevitable, but it is certainly possible that a Second Windsor is coming.

Will the Republican Party produce another Lincoln to stand against it?

Reprinted with permission from The Witherspoon Institute

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