LGBT Lobby Day 2012 is your chance to tell your legislators what matters to you. Learn about important LGBT legislation, get trained on how to discuss the issues with your elected officials, and head to the Capitol with One Colorado and statewide allies at LGBT Lobby Day 2012!

February 27, 2012
8:00 a.m. – 3:00 p.m.
Central Presbyterian Church
1660 Sherman Street in Denver
Details and registration information

LGBT Lobby Day 2012 is organized by One Colorado and sponsored by 4cGLAD, 9to5 National Association of Working Women, ACLU of Colorado, Citizen’s Project, Colorado Springs Pride Center, GLBT Center of Colorado, Healthy Colorado Youth Alliance, Inside Out Youth Services, Keshet, NARAL Pro-Choice Colorado, Out Boulder, PFLAG Fort Collins, Progress Now, Southern Colorado Equality Alliance, Western Equality, and White House Project.

Newt Gingrich’s flamboyant suggestions that the Executive Branch should merely ignore Supreme Court rulings at will and legally threaten judges who dare to uphold Constitutional freedom⁷ might be the hottest news in recent weeks.  The under-reported truth, however, is that ideas like his are far from unique within the far right today.

Like shady insurance companies looking for every diabolical way to deny claims on what appear to be good indemnity policies, power-hungry politicians and special interest groups have been hatching ingenious schemes to evade or strip away the Constitution’s protection of individual rights almost since the day it was ratified.

Let’s take an extended look at this multi-partite war against the Constitution.

One early tactic that some within today’s far right have resuscitated is the claim that state governments don’t have to honor the Bill of Rights¹.  Another tactic, championed by presidential candidate Michele Bachmann, is to take away the court’s jurisdiction² over their pet agenda issues.  The Conservative Caucus would combine both tactics⁴.

A far more dangerous tactic that is rising in popularity is to claim that the federal and Supreme Courts should not have the power to overturn unconstitutional laws at all³.  For politicians who claim to care so much about the Constitution, many of them are intent on rendering it mostly or completely toothless and powerless.

The ultimate objective, for most, is the imposition of some degree of theocracy or religion-run government similar to Iran – something that the Constitution expressly forbids.

But there’s another tactic, one which shoplifts the belief in natural law held by many of our nation’s founders, and deviously transforms the concept of natural, inherent, unenumerated rights into an implied or inherent recognition of theocracy.

The founders who played the most influential roles in designing the Constitution did believe in natural, unalienable rights.  Admittedly, those rights were honored very imperfectly at that time, such as those of slaves and women, but lofty abstract ideals that are put to paper ahead of their time have a way of not being well put into practice.  Concerned nonetheless that the government might someday interpret an itemized Bill of Rights to be a license to step on rights that weren’t explicitly listed, however, they included the Ninth Amendment – the founders’ way of reminding us that, where rights are concerned, what you see are not all the rights we get.  Natural rights are covered, too.

To get to the point, I must undertake a thumbnail review of Constitutional concepts and a small but vitally necessary side trip.

The Constitution depends upon implied and inherent powers.  Inherent powers are powers that the federal government must have in order to carry out the functions delegated to it by the Constitution.  Their existence are unstated but are assumed to be obvious – why would the founders delegate a function to the federal government without granting it the powers to perform that function?

The right to privacy, so violently reviled by many on the far right, is an example of an obvious, natural right that happens to be an inherent Constitutional right. Think for a moment – if no right to privacy existed, why would the Fourth Amendment be necessary?  Why all the concern about search warrants and probable cause?

If the founders didn’t believe in a natural and inherent right to privacy, we would have needed no Fourth Amendment to clearly spell out the narrow and specific situations in which government could breach our personal spaces.  The government could just say “hey, we can come in your home any time that we want, for any reason, because you have no right to privacy.”  Without a right to privacy, the Fourth Amendment makes no sense.

So, how do we get from what looks like a broad interpretation of Ninth Amendment rights to a theocracy?

The trick is hidden in the concept of “natural law.”

Natural law sounds like a secular concept, something that can be discovered by observation and tested by experience and effects.  Natural law, as the term implies, is inherent in nature, and therefore would seem to be amenable to scientific investigation and rational inquiry.

But to some, especially in the Religious Right, “natural law” is more of a theological term than a scientific term.  The Christian God, it is asserted, created nature and all within it, and He created the laws that govern nature.  It follows that any implementation of “natural law” is in fact an implementation of “God’s Law” – as defined by their theological doctrines.

At the Thanksgiving Family Forum, a recent Republican presidential candidate forum held at a Des Moines, Iowa church, this concept appeared in the assertions made by most of the candidates: “we are endowed by our Creator with certain unalienable rights.”⁵

They went on to tie the identity of this Creator to the “Judeo-Christian” faith, with candidate Rick Santorum asserting that “the law is a teacher” and “the laws of this country should comport with that moral vision.”  He furthermore implied that imposing religious law was a proper role for the federal government.  Michele Bachmann said that “government is on [God’s] shoulders,” adding that “He created every aspect of life, and He has something to say about every aspect of life.”

Candidate Ron Paul was the only candidate present who explicitly warned that it wasn’t the job of government to impose religious values or engineer the culture.   (Unfortunately, Ron Paul later endorsed one of the other dangerous subversions of the Constitution as a remedy for Roe v. Wade – removing the jurisdiction of the federal courts to overturn unconstitutional laws.  In other words, “let’s break the system so that we don’t have to abide by the Constitution if we don’t want to.”)

Candidates Mitt Romney and Jon Huntsman did not attend.

This idea of “inherent theocracy” is insidious because those who espouse this view are more likely to appear serious about other Constitutional protections, vigorously opposing attempts by the federal government to track, monitor, and spy on American citizens as a whole.  They can be quite serious about the Fourth Amendment, and many oppose the Patriot Act.

By outward appearances, they take most Constitutional rights quite seriously.  But in this view, all Constitutional rights, no matter how vigorously proclaimed, must surrender to the higher theocratic law.

For example, Religious Right group Alliance Defense Fund excerpts Sir William Blackstone, and summarizes thusly:  “[T]he basis upon which English Common Law sits is a higher law, the law written by God and found in His scriptures. Because of this, man has no authority to write a law that contradicts God’s law.”⁶

It’s comforting to know that the Creator gave us certain unalienable rights.  It’s less comforting to know, however, that this insistence isn’t really about protecting our unalienable rights.  It’s more focused upon identifying which rights “our Creator” says we must never be allowed to have, i.e., any rights that go against the theological doctrines of the inherent, unstated official national religion.

A clear example of this concept comes from a web article at Reclaiming America for Christ (formerly Reclaiming Oklahoma for Christ): “First, there can be no law contrary to God’s law (the Laws of Nature and Nature’s God).”⁸ It then proceeds right into a glaring contradiction: “Second, no law can be contrary to the Constitution.”  The contradiction goes away, in their minds, because they regard theocratic law to be higher than the Constitution.

The modern far right has conceived a highly diversified battery of tactics aimed at seeing to it that the Constitution’s protections of rights and liberties are somehow not applicable when claimed by people or groups that live outside the religious doctrines of certain political leaders and organizations.  Expect several of these tactics to be used together, if that’s what it takes to elevate government power over Constitutionally guaranteed human rights.

In all fairness, the Inherent Theocracy isn’t the most dangerous of the popular anti-Constitutional tactics.  Rejected Supreme Court nominee Robert Bork’s one-time idea, that Congress should be able to overturn Supreme Court rulings by simple majority vote, is vastly more dangerous.

But we can certainly trust that the Inherent Theocracy theory would see to it that the rights of minorities and religious “non-conformists” would enjoy no protection by the Constitution when these rights run contrary to religious law.  And, as history shows, the definition of “religious non-conformist” would quickly expand to include everyone – including other Christians – whose theological stances differ from those in power.

References:

1. Kevin Gutzman, “Bong Hits Case Denies Constitutional Law,” Human Events, 07/11/2007, http://www.humanevents.com/article.php?id=21474
2. Jennifer Jacobs, “Quotes: Michele Bachmann in her own words on marriage, judges, a stolen election,” Des Moines Register, 4/11/2011, http://blogs.desmoinesregister.com/dmr/index.php/2011/04/11/quotes-michele-bachmann-in-her-own-words-on-marriage-judges-abortion/
3. Tom Delay, Washington Times interview, 4/13/2005, http://www.washingtontimes.com/news/2005/apr/13/20050413-111439-5048r/?page=7
4. Candidate Questionnaire Item 20, Conservative Caucus, http://www.conservativeusa.org/candqest2008.htm
5. Thanksgiving Family Forum, 11/19/2011, Des Moines, Iowa.
6. “About Sir William Blackstone,” Alliance Defense Fund, 12/1/2011, http://www.alliancedefensefund.org/Home/ADFContent?cid=3149
7. Shannon McCaffrey, “Gingrich assails judges as he courts conservatives”, Associated Press, 12/19/2011, http://www.chicagotribune.com/news/chi-ap-us-gingrich-judges,0,415215.story
8. “Yes, I am an Ideologue if you mean Biblical Values and Constitutional Liberty”, Reclaiming America for Christ web site, 12/24/2011, http://reclaimamericaforchrist.org/yes-i-am-an-ideologue-if-you-mean-biblical-values-and-constitutional-liberty-2/

In special recognition of Citizens Project’s 20th anniversary, this year’s celebration will present two additional awards: a Legacy Award to long-time Springs resident and activist Sharon Berthrong, and a Divine Organization Award to the Gay & Lesbian Fund for Colorado.

Join us  Thursday, February 2, 2012 from 5-7pm for this unique milestone event at:  Stargazers Theater, 10 Parkside Dr., Colorado Springs, CO, 80910. The celebration is free and open to the public, but a $15 donation is recommended. RSVP by January 27 to RoMa Johnson at RoMa@citizensproject.org, or (719) 520-9899.  View the invitation

Citizens Project thanks our sponsors:

Citizens Project, a local organization dedicated to promoting and protecting equality, diversity and religious freedom through the separation of church and state, supports Tim Tebow’s right to celebrate God in the end zone.

That’s the thing about the First Amendment. The free speech and exercise clauses protect every private citizen. Religious freedom means religious freedom.

Citizens Project also has no fundamental objection to students exercising their right to assemble, pray, or “Tebow” in the hallways of their public schools, assuming they comply with conduct codes and safety standards.

Amid all this “Tebowmania,” however, we must draw an important distinction between the First Amendment rights of individuals and the responsibilities of government. Tebow, fans and students enjoy the free exercise of religion, but teachers and coaches must, by virtue of their employment contract, adhere to the restrictions set forth in the clause prohibiting a government establishment of religion.  Those who fail to do so risk exposing the institutions they serve to expensive litigation, while simultaneously alienating the students entrusted to their care.

In 2011, Citizens Project received calls from concerned parents, students, and teachers in almost every school district in the Pikes Peak region who wanted more information about how to address issues pertaining to religious expression at their schools. We heard about religious-based bullying, teacher condemnation of lesbian, gay, bisexual and transgender students on the basis of biblical teaching, assemblies and ceremonies that integrated religious themes, administrative interference in student club activity, and, most recently, coaches organizing and leading students in Christian prayer.

These aren’t isolated incidents.  For every call we get, there are probably ten students who suffer silently to avoid drawing attention to themselves. After all, they just want to succeed in classes, participate in extracurricular activities, and advance through the public education system. Sometimes the people who contact us resist Citizens Project’s help in negotiating the grievance process or initiating an educational outreach to the affected schools. They don’t want to risk becoming pariahs. They just want someone to tell them, “It’s not okay when the person who assigns your grades or decides when you get to play your favorite sport makes prayer obligatory or singles you out.”  And it’s not.

Religious formation is not the province of a public school official, and objections to compulsory religion in classrooms transcend political differences.

At Citizens Project, we won’t rest until every student can excel in a religiously neutral academic or athletic environment that neither advances nor denigrates religion. We will continue to monitor our local schools for problems and work with the administration to ensure they’re in compliance with the law. We’ll take calls about church-state issues in schools and we’ll offer our support to all parties involved, because we know that violations are usually unintentional. We’ll continue to educate teachers, administrators, students, parents and community members at our annual Citizens’ Religious Freedom Institute and offer continuing education credit to teachers.

Above all, we will stand with our students to ensure they have every chance at success through an inclusive and affirming academic environment that allows them to be exactly who they are, whether that means abstaining from the pledge or “Tebowing” on their lunch break.

Citizens Project Executive Director Kristy Milligan feels her organization’s records have found a good home at PPLD. “Citizens Project has a long history in the Pikes Peak region and we can think of no better place than the Pikes Peak Library District to keep these important documents and make them available to the public,” she said.

After being processed by Special Collections archivist Heather Norris, the collection will be made available to the public in the 1905 Carnegie Library. The records of the Citizens Project will be a valuable resource for researchers working in the areas of civic involvement, rights, and equality. They will compliment other archival collections at PPLD that also illuminate these topics such as the League of Women Voters of the Pikes Peak Region records, the Junior League of Colorado Springs records, the Colorado Springs Branch of the National Association for the Advancement of Colored People records, Colorado Springs Public Forums, and the Urban League of the Pikes Peak Region records.

Awards

Citizens Project received several honors over the last year including: the Gay & Lesbian Fund Advancing Equality Award, “Ally of the Year” from the Colorado Springs Pride Center, and the “Steady and Strong for Diversity and Inclusion” award from the Colorado Springs Diversity Forum.

Events

Citizens Project events are more than fundraisers or friend-raisers; they’re community in action, bringing together people from across the region and across political and religious lines who share a few key values: equality, separation of church and state, diversity and civic engagement.

– More than 100 community members came out in sub-zero temperatures to honor local activist Mary Ellen McNally at Citizens Project’s 7th annual Divine Award Celebration.

- Four hundred attendees at our annual Creating  Community Breakfast joined together to raise $60,000 to increase Citizens Project’s impact in the community.

- Dozens of volunteers attended our twice-annual volunteer open house and staffed the Citizens Project booth at community events such as Everybody Welcome!, Juneteenth, Cinco de Mayo, and Pride Fest.

Collaboration

CP, in close collaboration with the Women’s Resource Agency, Inside/Out Youth Services and many more, worked to re-invigorate the Pikes Peak Equality Coalition, a group of local nonprofits dedicated to opportunity and access for all community members. Through our collective efforts, we made more than 3,000 contacts with voters in the general election cycle, reminding them to cast their ballots. In addition, CP was represented on the Public Affairs and Government Relations Committee of the Colorado Springs Diversity Forum, the Colorado Civic Engagement Roundtable, and the Safe Schools Coalition.  Citizens Project staff members Kristy Milligan and RoMa Johnson also  presented at events and classes statewide, including: Center for Nonprofit Excellence, UCCS, El Pomar, NAACP, and the Denver Mayor’s LGBT Commission. Citizens Project also donated 18 cubic feet of physical archive files to the Pikes Peak Library District’s Special Collections. The archives will be available to the the public and will be preserved for future generations.

Voter Education

2011 was an exciting year in local elections: from the April municipal election and subsequent mayoral runoff election, to the November general election, there were many candidates vying for the votes of Pikes Peak residents.  And Citizens Project continued our 19-year tradition of providing nonpartisan election education information for all local elections through well-attended Mayoral and City Council forums, and a School Board Candidate and ballot measure forum. In addition, we published two comprehensive candidate survey Voter Guides, one for the municipal election and one for the general election, which were distributed to more than 100,000 people in the Pikes Peak region through our website, a mailing to our supporters, and inclusion in the Colorado Springs Independent.

Promoting Dialogue & Awareness

Citizens Project distributed our electronic monthly Freedom Watch Online to more than 2,000 subscribers, providing them with in-depth analyses of local and national issues, opportunities to get involved, and more. Through our electronic Action Network, we sent 1,500 activists up-to-the-minute updates about pending legislation and electoral initiatives with information about how to make a positive impact on public policy.

Again this year, Citizens Project deployed an awareness campaign to stimulate conversation and tackle some of the most difficult issues facing our community. The campaign appeared in print, online, and on billboards, and it continues to create robust discussion on our blog.

CP also worked with a coalition of twenty five diverse faith and civic groups to present a special film screening to commemorate 9/11.

Creating Inclusive Learning Communities

Our second annual Citizens’ Religious Freedom Institute, a one-day seminar for teachers, administrators, students and community members on how the courts have interpreted church/state separation in public schools and how to promote religious freedom in the classroom, was well-attended and highly rated by participants. Many attendees received graduate credit or contact hours, and, as one participant said, it was a “very enjoyable, informative day.”

Again in 2011, Citizens Project mailed the Anti-Defamation League’s December Dilemma publication to 200 local schools, which contains information about inclusive holiday practices. This year we also worked with Inside/Out and the Safe @School Coalition to provide a primer on recently-passed HB1254, which expands protection from bullying to LGBT students. Additionally, we followed up with several high schools that held their graduation ceremonies at churches to help ensure future commencement celebrations that honor the unique faith traditions of all students, and comply with legal precedent regarding separation of church and state.

All of this was work to advance religious freedom, diversity, equality and civic engagement in the Pikes Peak region was possible because of the hundreds of active supporters, just like you, who gave time, money, energy and vision to help Citizens Project put our mission into motion. Thank you – and we’ll see you in 2012!

Citizens Project Board Retreat, 2011

Citizens Project is proud to announce six new members for its board of directors in 2012: William Brown, Frances Gomeztagle, Pete Lee, Barbara Reichert, Brinah Vincent, and Heather Zambrano.

The 2012 Citizens Project officers will be: Erin Hannan, Board Chair; Steve Mack, Treasurer; and Kelley Parker, Secretary. Citizens Project also thanks our 2011 officers: Lynn Young, Board Chair; Karole Campbell, Treasurer, and Kelley Parker, Secretary.

The organization thanks its departing members for their tremendous service to the organization: Sharon Berthrong, J.J. Courtright, Una Ng-Brasch, and Ron Walden.