Citing the “change is possible” mantra, PFOX has filed an amicus brief in the Prop 8 case arguing against marriage rights for gays. This is not surprising but I have some observations about their strategy.
In this brief, PFOX continues its odd logic of considering ex-gays to be a protected class while at the same time hoping to remove/prevent protected class status for gays. On page 4, the brief asserts:
Government authorities and other organizations recognize ex-gays as a group which undermines the assertion that sexual orientation is immutable.
The brief continues to cite dubious cases where PFOX claims that ex-gays are recognized as a protected class.I have never understood why PFOX thinks this strategy helps them. Even if PFOX is correct about their interpretation of those cases, all of the organizations involved also recognize gays as a class. Furthermore, if ex-gays can be recognized as a protected class while they have a changeable sexual orientation, then the issue of mutability of sexual orientation is irrelevant. Taken to logical conclusion, this argument supports equal protection under the law for gays. Since ex-gays already have the right to marry, why shouldn’t gays?
Then, on page 6, PFOX unveils the list of sexual reorientation groups and includes Richard Cohen’s testimony. This makes it clear that the reparative therapists who say they just want to be able to work with unwanted SSA have taken their stand that they are about more than just a therapeutic approach.