New York Bishops Decry Equal Rights Amendment
Cardinal Timothy Dolan
New York State’ Catholic bishops have decried a constitutional amendment that would enhance non-discrimination protections, claiming that the change would, among other alleged risks, allow children to undergo gender transitions without parents’ involvement. New Yorkers will vote on the amendment in a referendum that will be included on November’s ballot.
The “Equal Rights Amendment” would add additional protected categories to existing protections. Among the amendemen’ts additions to existing categories are “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” The specific ballot question for the amendment is titled “Proposition One.”
In a late August statement the New York Archdiocese described the initiative to lessen discrimination as “dangerous” and “risky.” While the statement says the church is committed to stopping “unjust discrimination,” it warned the amendment would cause harms. Examples of the alleged harms are strengthened abortion rights, overturning a ban on medical aid in dying, and:
“It would undermine the ability of parents to make important decisions about their children’s health care. Children could be allowed to make life-altering decisions – such as ‘gender reassignment’ surgery – without parental consent or knowledge. . .
“It would endanger the religious liberty of individuals and institutions that do not want to cooperate with practices, like abortion and ‘gender reassignment’, that violate their religious beliefs.”
The amendment makes no claim that children would be allowed medical treatments, without parental consent. It also offered no evidence that religious liberty would be endangered by the amendment.
In July, the New York State Catholic Conference, which represents the state’s bishops, issued a separate statement condemning the proposed Equal Rights Amendment, in part because it would enhance protections for LGBTQ+ people. Dennis Poust, the Conference’s executive director, commented:
“This hastily written amendment is presented as a means of banning unjust discrimination against people for a range of characteristics. However, by singling out both age and gender identity and expression, it opens the door for judges to permit minor children to make life-altering decisions about their bodies without any parental approval or notification. . .Additionally, it would make it impossible to ever pass even the most common-sense restrictions on abortion.”
“New York already has robust protection of civil rights in state statute and in the Constitution, as well as in many local and county human rights laws. In fact, the Constitution already specifically guarantees to everyone the equal protection of the laws, regardless of any defining characteristic or identity. There are also extensive civil rights protections under federal law and the U.S. Constitution. There is no evidence whatsoever that this broad network of legal protections is inadequate.”
Earlier this summer, Cardinal Timothy Dolan of New York spoke out against separate state legislation, the Nonpublic Dignity for All Students Act, that would hold private and religious schools to the same standards as public schools when it comes to non-discrimination protections for students, including gender and sexual orientation.
Writing in Compact, Dolan claimed legislators want Catholic school’s identities to be “stamped out in favor of gender ideology.” According to the cardinal, actions like referring to a student by the name or pronouns which they have requested are tantamount to “[the state] bullying parents of children in Catholic or other religious and nongovernmental schools into submission with regard to gender politics.” He added:
“Tolerance for bullying is a complete anathema to the values of every Catholic school. This bill is essentially a solution in search of a problem. . .Still, we certainly would be fine with legislation designed to foster civility in nonpublic schools and prevent bullying, however unnecessary it may be in reality. Unfortunately, the bill’s sponsors couldn’t be satisfied with that purpose. Instead, they are using the hook of ‘anti-bullying’ to attempt a social coup d’état in all schools, Catholic ones included.”
Opposition by some U.S. Catholic bishops to even the most basic protections for LGBTQ+ people are commonplace to the point that it seems to be expected. We should remember that such opposition is a choice they make, and it is not the only Catholic position. Actually, polls show the majority of US Catholics favor non-discrimination protections, and use their Catholic faith and values to arrive at their position. Sadly, when the bishops mount a campaign against such legistlation it is often at great expense to the church.
The bishops should not stoop to the point of fear-mongeringby making claims not based in fact about the amendment’s consequences. Such a loose arrangement with the truth that is not in line with Catholic identity. Protecting the dignity of every person by ending discrimination very much is.
—Robert Shine (he/him), New Ways Ministry, September 3, 2024
The position taken by the bishops in New York tells you all you need to know about how the Church views discrimination. Gender affirming issues aside, their view of LGBT Americans is dismissive and contemptuous. The fear mongering about gender is likely baseless and misinterpreted, designed to stir up the worst instincts of their ever shrinking cadre of attendees willing to be cosigners on a contract of Un Christian values.
New York archbishops, and Catholic bishops throughout the country have a long history of opposing legislation that would protect LGBTQ people. Decades ago, NYC archbishops opposed city ordinances that would protect gay people from discrimination in jobs, housing, and access to public accommodations.
When civil authorities act more in accord with Francis’ calls for the inclusion of “todos, todos, todos,” bishops have responded by claiming that protections for LGBTQ adults and children conflict with their teachings, and that church leaders should have the right to discriminate, because such discrimination is “just.”
They claim they are opposed to “unjust” discrimination, though I am not sure what that means. They protest that they are defending children from (some amorphous) gender ideology, while at the same time practicing discrimination based on their own uneducated ideology which harms children.
There was a time during Vatican II and a few years after, when US Catholic bishops were leaders in issues of justice. Perhaps there will be a day when such bishops will truly listen and learn (as some bishops are already doing). And instead of attempting to be roadblocks to the just treatment of todos, will at least become supportive followers of the Church – which (according to Vatican II) is actually the people of which the bishops are only a tiny (though not insignificant) part.
Cardinal Dolan resides in an era that ignores the scientific, psychological, emotional, and social implications of gender/ sexual identity. Claiming that students or parents are acting like a “bully” about such matters is an ironic and depressing statement. Or is Cardinal Dolan not familiar with the age old adage tied to clergy: “the bully pulpit.” Perhaps it would be instructive to remember that Jesus introduced us (as a “revelation”) to OUR Father….that we are ALL one family. Jesus demonstrated how OUR family is called to be inclusive…and that includes EVERYONE. I might also remind Cardinal Dolan that the transcendent power of the human brain is the primordial sign that illustrates how humans are made in the “image and likeness of God.” Science and psychology have discerned the beauty of all human life. It is time for theology to embrace the truth: everyone who possesses a human brain is a welcome member of God’s family.
Read Thomas Sowell’s work about The Equal Rights Amendment.
Had our Constitution been enforced consistently there would never had been a suggestion that we amend the Constitution to insure equal rights. They were already guaranteed as the Constitution was written.
Fear-mongering is exactly right. As Kimberly Wolf-Price notes on the New York Bar Association’s website:
“Opponents of the amendment were concerned about implications for religious institutions and freedom of religion. The second paragraph of the amendment now states directly that nothing in the amendment is intended to diminish existing protections outlined in Articles III and XI of New York’s Constitution. U.S. Supreme Court cases, including the Hobby Lobby[2] decision and 303 Creative,[3] also remain the law.” (https://nysba.org/why-new-york-needs-an-equal-rights-amendment-now-more-than-ever/)
So Cardinal Dolan need not fear that the Catholic Church might be constrained from its unfair and unjust treatment of people in its institutions by this amendment. It won’t, alas. What the Cardinal and the Conference should care about is the Church’s continued adherence to medieval stances on sex and gender that sensible people are moving beyond.