Judge Richard Posner Ignores Empirical Evidence of Ex-‘Gays,’ Wrongly Calls Homosexuality ‘Immutable’
Author of key “gay marriage” ruling espouses unproven “born gay” theory
By Peter LaBarbera
It is no small thing to accuse renowned legal scholar Richard Posner, Chief Judge of the United States Court of Appeals for the Seventh Circuit, and author of a recent controversial ruling in favor of homosexual “marriage,” of being ignorant—but it appears that is the case when it comes to Posner’s assertion that homosexuality is “immutable.”
It has been said of the prolific Posner, author of nearly 40 books, that he ”writes the way other men breathe,” but apparently the judge has never breathed in the wonderful reality that many men and women have overcome the destructive pull of homosexuality in their lives. Posner writes in the Appeals Court decision September 4 striking down Wisconsin’s and Indiana’s pro-traditional marriage laws:
Such simplistic and unproven assertions cover over a multitude of politically incorrect facts and nuances that contradict the “gay” activist claim that “sexual orientation”–itself a tendentious social construct–is inborn, innocuous and unchangeable. This false narrative conveniently serves homosexual activists who insist theirs is a “civil rights” movement akin to Black Americans’ noble struggle for equality.
The problem for LGBT advocates is that while race and ethnicity are truly immutable–there are no “ex-Blacks” or “former Hispanics”—some people do change their sexual self-identity and behavior. (Not to mention their “gender identity”—the transgender “T” in “LGBT”—which progressives reflexively regard as fluid.) There is ample evidence that many homosexuals “acquired” their identity as a defensive maladaptation to the abuse, alienation or other trauma they experienced during their childhood. One example: CNN’s Don Lemon, who considers himself proudly “gay”–despite acknowledging that as a young boy he was sexually molested by an older teenage male in his neighborhood.
Perhaps Judge Posner could deepen his understanding of homosexuality by visiting PFOX’s “Ex-Gay Awareness Conference” today and tomorrow in Washington, D.C. There he could meet real, live *former* homosexuals like Greg Quinlan and Christopher Doyle–who give the lie to his claim of immutability.
Moreover, Posner should consider that it is not only conservative Christians who speak to the reality of ex-“gay” change and evolving “sexual orientation”: former “lesbian” Chirlane McCray abandoned that identity when she fell in love with and married the future Mayor of New York, Bill de Blasio.
Lesbian author Camille Paglia said McCray’s lesbian past was ignored in the mayoral race “because it upsets the current ideological applecart. Everyone from the mainstream media to Lady Gaga is preaching the ‘born gay’ gospel, but nobody is born gay, and no scientific study claiming that has ever held up to later scrutiny.”
Judge Posner should take heed. He himself wrote in 1998: “It is the lack of an empirical footing that is and always has been the Achilles heel of constitutional law, not the lack of good constitutional theory.” (New York University Law Review, “Against Constitutional Theory”).
Unfortunately, Posner has allowed his own bias in favor of “innate” homosexuality to negate the empirical evidence that “gayness” need not be permanent in a person’s life.
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