November 19, 2014 10:41 am ET by Carlos Maza
Few anti-LGBT groups get as much media attention as the Alliance Defending Freedom (ADF), the right-wing legal organization best known for defending anti-gay business owners who refuse to comply with nondiscrimination laws. But while ADF’s “religious liberty” work generates plenty of headlines, few media outlets have highlighted the most extreme facet of ADF’s legal agenda: criminalizing homosexuality.
ADF is a multimillion dollar Christian legal organization that’s garnered national attention over the past several months thanks to its work defending anti-gay business owners who refuse to serve same-sex couples. It’s been described as “the 800-pound gorilla of the Christian right,” and media outlets are increasingly reporting on the group’s legal efforts. ADF has become a fixture on Fox News, but its involvement in crafting Arizona’s license-to-discriminate law in early 2014 attracted coverage from other networks as well. In October, New York Times columnist Ross Douthat apologized after he spoke at an ADF fundraiser.
But aside from a handful of examples, media outlets have failed to highlight just how extreme ADF’s anti-gay agenda really is. While the group prefers to talk about its “religious liberty” work when in the media spotlight, ADF is actively working to promote and defend anti-sodomy laws that criminalize gay sex.
ADF’s formal support for anti-sodomy laws dates to at least 2003, before the Supreme Court made its landmark decision in Lawrence v. Texas. ADF, which was at the time still known as the Alliance Defense Fund, filed an amicus brief in the case, defending state laws criminalizing gay sex. In its brief, ADF spent nearly 30 pages arguing that gay sex is unhealthy, harmful, and a public-health risk:
[S]ame-sex sodomy is far more effective in spreading STDs than opposite-sex sodomy. Multiple studies have estimated that 40 percent or more of men who practice anal sex acquire STDs. In fact, same-sex sodomy has resulted in the transformation of diseases previously transmitted only through fecally contaminated food and water into sexually causes diseases -- primarily among those who practice same-sex sodomy.
The issue under rational-basis review is not whether Texas should be concerned about opposite-sex sodomy, but whether it is reasonable to believe that same-sex sodomy is a distinct public health problem. It clearly is. [emphasis added]
In 2003, ADF president Alan Sears co-wrote a book titled The Homosexual Agenda: Exposing The Principal Threat to Religious Freedom Today, which warned that eliminating anti-sodomy lawswould lead to the overturning of “laws against pedophilia, sex between close relatives, polygamy, bestiality and all other distortions and violations of God’s plan.”
The Supreme Court disagreed, striking down state bans on gay sex in its Lawrence v. Texas decision. But over a decade later, ADF continues to argue that Lawrence was wrongly decided. In 2011, ADF senior counsel Kevin Theriot criticized then-Secretary of State Hillary Clinton for making the case that “the freedom to engage in homosexual behavior” is a “basic human right.” Theriot also wrote that “claiming a legal right to engage in homosexual behavior comes at the cost of religious freedom.”
But while ADF has largely run out of options for promoting the criminalization of homosexuality in America, the group has taken its anti-sodomy agenda overseas. ADF’s “Foreign Threats” page urges supporters to contribute to ADF’s international efforts to “help stop devastating rulings” against religious freedom like Lawrence, which ADF claims “fabricate[d] legal protection for homosexual sodomy”: