Get The Facts > Alliance Defending Freedom Has Supported Laws that Could Make It Illegal to Be Gay - The Truth About Alliance Defending Freedom

Not only has Alliance Defending Freedom (ADF) supported discrimination against gay people, they’ve gone as far as to advocate for the criminalization of homosexuality. They’ve argued in support of policies that would put gay people in jail—in court, in front of legislators, in books, and in public statements.

Take a look at the many ways ADF has supported criminalizing lesbian, gay, bisexual, and transgender (LGBT) people:

  1. United States, 2003: Alliance Defending Freedom asked the Supreme Court to uphold the Texas law outlawing sex between gay couples. That law allowed gay couples to be arrested and jailed for having sex, an act they’ve suggested to be an offense worse than rape.
    In one brief, ADF argued that states have a right to outlaw so-called “deviate” behavior:

    “States have possessed and properly exercised the authority to regulate deviate sexual conduct including sodomy at all relevant times in our nation’s history.”

    In another brief, ADF claims that gay couples having sex is a public health problem:

    “Same-sex Sodomy Is More Harmful to the Public Health than Is Opposite-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.”

  2. United States, 2003: ADF Founder and former President Alan Sears wrote on page 167 in his book, The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today:

    “Once one state law protecting marriage and regulating sex is found to be unconstitutional, all others are fair game, such as laws against pedophilia, sex between close relatives, polygamy, bestiality and all other distortions and violations of God’s plan.”

  3. United States, 2017: Their briefs from 2003 may seem like vestiges from the past, but ADF representatives bring up the same issues even today.
    On September 8, 2017, ADF marketing director and legal counsel James Gottry tweeted:

    “In 2003, ADF filed 2 amicus briefs representing interested parties in Lawrence v. Texas, as did more than a dozen entities and/or states. One discussed public health concerns associated with certain sexual activities. Unpleasant realities, but realities.”

  4. Jamaica, 2012: ADF lawyer Piero Tozzi gave a speech at an international conference on human rights, advocating for the continued criminalization of gay people:

    “I believe it is important that Jamaica retain its existing anti-sodomy legislation…The modes of behavior concerned affect most directly those who practice them, and are harmful not only spiritually and psychologically, but also physically.”

  5. Belize, 2011: ADF helped a local anti-LGBT group, Belize Action, defend a law (eventually overturned by Belize’s Supreme Court) that criminalized homosexuality. Belize Action’s leader, Pastor Scott Stirm, said ADF “provided advice, legal assistance, and strategy,” explaining:

    “They are assisting in cases all over the world in the homosexual global attack on morality and family values.”

  6. India, 2011: India’s law criminalizing homosexuality, punishable by up to ten years in jail, was reinstated in 2013 by the country’s Supreme Court. ADF International director Benjamin Bull celebrated the ruling, saying:

    “When given the same choice the Supreme Court of the United States had in Lawrence vs. Texas, the Indian Court did the right thing, [it chose to] protect society at large rather than give in to a vocal minority of homosexual advocates.”

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