m. - - - Bill 970745 - Amending retirement system, approved December 3, 1956, as amended, and amending the Municipal Retirement Benefit Plan 1987 Ordinance, which became effective January 8, 1987, as amended, to, and in case of both ordinances, allow members of the Retirement System to name as bene- ficiaries and survivors any person designated by the employee, under certain terms and conditions. Bill 970749 - amending Chap. 19-1400 of The Phila. Code entitled "Real Estate Transfer Tax" by further providing for excluded transactions and requiring the signing of the certification affidavit, under certain terms and conditions. Bill 970750 - amending Chap. 9-1100 of The Phila. Code entitled "Fair Practices," by adding a new definition and amending certain definitions, and by prohibiting discrimination in employment and in places of public accommodation on the basis of marital status. PRESENT: COUNCIL PRESIDENT JOHN F. STREET, Chair COUNCIL. A. CLARK COUNCIL. H. FERNANDEZ COUNCIL. J. BLACKWELL COUNCIL. M. TASCO COUNCIL. D. COHEN COUNCIL. A. ORTIZ COUNCIL. J. KRAJEWSKI COUNCIL. F. DICICCO COUNCIL. A. VERNA COUNCIL. B. O'NEILL COUNCIL. J. KENNEY COUNCIL. R. MARIANO COUNCIL. D. MILLER COUNCIL. T. LONGSTRETH COUNCIL. M. NUTTER COUNCIL. F. RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. 'S 970745, 970749, 970750 I N D E X Cardinal Anthony Bevilacqua, Archbishop. . 15 Philadelphia Archdiocese Reverend William Devlin. . . . . . 26 Director of the Urban Family Council Reverend Benjamin Smith. . . . . . 35 Deliverance Evangelistic Church Reverend Shine, Vice President . . . . 40 Black Clergy of Philadelphia Reverend Sergio Martinez . . . . . 46 Sinai Assembly of God, Marie Summers, President . . . . . 49 Dignity, Philadelphia Reverend Jeffrey Jordan. . . . . . 56 Metropolitan Community Church of Philadelphia Reverend Neena Gray, Minister. . . . 60 Unitarian Society of Germantown Reverend Benjamin Maucere. . . . . 64 First Unitarian Church of Philadelphia, Reverend Beverly Dale. . . . . . 68 Christian Association, Univ. of Penn. Rabbi Yael . . . . . . . . . 72 Mishkan Shalom, Philadelphia. Reverend Paul Huebner. . . . . . 79 Calvary of the United Methodist Church, Dr. Dan Gottlieb, Family Therapist . . . 85 WHYY Radio Talk Show Host Richard Bansen . . . . . . . . 94 Quaker Society of Friends Arthur Delaney, President . . . . . 'S 970745, 970749, 970750 Index- cont'd. Charles E. , Bishop. . . 107 Episcopal Diocese of Pennsylvania Reverend Barry Hart Pastor. . . . . 111 University Lutheran Church of the Incarnation Mark Aronchick, Esquire . . . . . 116 Chancellor, Philadelphia Bar Association John P. Stanton . . . . . . . 123 Family Life Educational Foundation Larry Gross, Cochair. . . . . . 127 Philadelphia Lesbian and Gay Task Force Rabbi Sue Levy Elwell, Director . . . 137 Union of American Hebrew Congregations Andrew Park, Executive Director . . . 141 Center for Lesbian & Gay Law and Public Policy Jim Nolan . . . . . . . . . 149 War Veteran, Retired Teacher Denise Kulp, Cochair. . . . . . 154 Liberty City Lesbian & Gay Democratic Club Rita Addessa, Executive Director. . . 160 Philadelphia Lesbian and Gay Task Force Larry Frankel, Executive Director . . . 169 American Civil Liberties Union of Penn. Dabney Miller, Women's Law Project. . . 174 Suzanne Blanchard, Member . . . . . 176 Task Force for Gay and lesbian Concerns Richard Kirk, Private Citizen . . . . 186 Robert Malagesi, Private Citizen. . . 188 James E. Dougherty, Professor Emeritus. . 191 St. 'S 970745, 970749, 970750 Index- cont'd. Jared Boigon, Director of Programming . . 196 American Jewish Congress, Pennsylvania Region June Krebs, Chair, Germantown Branch. . 201 Women's International League for Peace & Freedom Christine McMenamin, Private Citizen. . 205 David Acosta, Executive Director. . . 207 Phila.
Gay & Lesbian Latino AIDS Education Linda Rhym, AFSCME District Council 47. . , Dolchin, Slotkin & Todd 213 Melina Naldo, PFFLAG. . . . . . 227 J. Ciavarella & T. Schwarz, Life Partners 234 Isaac Miller, Pastor. . . . . . 239 Church of the Advocate, Rabbi Rebecca Alpert. . . . . . 241 Joseph Needham, Private Citizen . . . 244 Kathy Barlow, Private Citizen . . . . 247 Joseph Evans, Private Citizen . . . . 249 Reverend Dwight Lundgren. . . . . 255 Ben Hayllar, Director of Finance. . . 257 Nancy Kammerdeiner, Revenue Commissioner. 260 Linda Seyda, Personnel Director . . . 263 Stephanie Franklin-Suber, City Solicitor. 327 Nicole Burton, AFSCME . . . . . . 389 Charles Bradley, Private Citizen. . . 390 Anthony Marachi, Private Citizen. . . 398 Barbara Dowdall, Private Citizen. . . 405 Andrea Furtek, Private Citizen. . . . 'S 970745, 970749, 970750 P R O C E E D I N G S
Good morning, ladies and gentlemen. I would like to -- while I've urged Councilmembers, I'd just like to inform the members of the audience here today that Councilmembers have little boxes in their offices. And under ordinary circumstances, they know when the hearings are about to begin, and they wait till this microphone is open and they can hear the activity in the chamber. And so I expect that Councilmembers will be coming to the chambers very shortly. But in the meantime, I'd like to talk a little bit about what we are going to do here today. We have about somewhere between 75 and 100 people who have signed up to testify. This is not the most popular public hearing that we have had; we have had even more people to sign up to testify at public hearings. We appreciate the interest that the members of the general public are showing in this important controversial issue. We'd like to ask your cooperation. 'S 970745, 970749, 970750 certain amount of respect and dignity, and that everybody be given an opportunity to speak and to be heard. It is unfair to the Members of City Council, it is unfair to the members of the general public, for those folks who are here, who feel very strongly about this issue, to interrupt the testimony and to not allow them -- witnesses or Councilmembers -- to speak. We don't believe that these hearings can or should be completely without emotion. There are times when people want to express themselves by clapping and doing other things. This is entirely appropriate, and no effort will be made to keep people from expressing themselves in that way. However, there reaches a where emotional displays, one way or the other, interfere with our ability to take the testimony and have the hearing, and we would appreciate very much, no matter what your view is, if you would give us an opportunity to have a public hearing today. 'S 970745, 970749, 970750 of the evening. We will do everything reasonably possible to hear all the witnesses that have signed up to testify. We will ask people to limit their testimony, particularly members of the general public; we do not expect you to be conversant with all the details of the bills. We think that the likelihood is that people will come, and they will be testifying in favor of the bills in a general kind of way and not necessarily know all the details. These are very complicated issues, and there are, you know, significant legal questions that get raised, and we don't expect the members of the general public to be conversant with all of those issues. And, therefore, we'll respect your right -- therefore, we will respect your right to come and give testimony, even if it's in a general way, in favor of one or more of the bills or in favor of the concepts underlying the bills. Now, I would like to explain early on that as it relates to these bills -- and Councilwoman Verna, I would appreciate it if you would remind me that I have not read the titles of the bills. 'S 970745, 970749, 970750 lot of people who have come here who've never been here before, so don't let me forget to go back and read the titles of the bills. There will be a set of amendments that will be offered to some of these bills. The general public had no way of knowing what those amendments will be, so there may be people who are testifying on a bill, as it's currently written; and later, an amendment will be offered. I would appreciate it very much if the Members of Council would understand that, and let's not be technical in holding the witnesses to know the details of amendments that we won't get to until later on this evening or at least after all of the public testimony is given. There are technically five bills before us. I received a letter -- I think it was last Friday -- from Councilman Ortiz, requesting that Bills No. 970181 and 970140 be withdrawn from consideration. And then on Monday, April 20, I received a follow-up note requesting that Bill No. 24 970140 be withdrawn, and Bill No.
970140 be resubmitted for consideration. 'S 970745, 970749, 970750
Well, I'm not sure what that means. I think that's probably a typo. 'Cause on the one hand, it's the same bill.
Okay. So you wish Council Committee of the Whole to consider Bill 14 No. 970181, is that correct?
Well, we will leave it because we may have -- we may have an amendment to that bill later on.
Councilman, all you have to do is say yes. If you say yes, then it's before us.
I just -- let me say -- let -- let us withdraw the two bills, 970140 and 970181, I move that they be withdrawn.
A motion is not necessary. 10 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750
Okay. I will wish that those two bills be withdrawn for consideration at this hearing.
And the bills that will be remaining is 970745, 970749, 970750.
Now, I would also like to inform the Members of Council and the general public that we will take two breaks during the course of this testimony. We will break for about 30 minutes at approximately 1 o'clock. And then around 5 o'clock, we'll take another break for about 30 minutes or so, because it is unfair and unreasonable to expect Councilmembers to sit for 16, 17 straight hours without having any break. And so we will take two breaks, and then we will plot on with the testimony. Is there any question from any Member of Council on any of that? The Chair recognizes Councilwoman Fernandez.
Mr. President, would it be possible for people who have 11 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 amendments to at least circulate those Councilmembers now so that we could -- as we're thinking about this issue all day, we could at lease see what the proposed amendments might be.
It is my understanding that the one set of proposed amendments has been circulated -- only set of proposed amendments has been circulated.
I'll ask that they be circulated again. I'll my staff to get those proposed amendments and get them circulated again.
Thank you, Mr. President. Yes, it is correct that those 12 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 amendments were circulated yesterday. They were attached to a City Solicitor's opinion on the three bills. A separate circulation is on its way, with an explanation, but those are proposed amendments drafted by the Law Department to deal with technical clarifications and to provide better information about what certain bills do or don't do. So they are attached to the City Solicitor's opinion.
We're going to need a little cooperation from the press in this hearing. We would appreciate it very much if you have to do various reports to your stations, if you could find a way to do that outside, or at least in a way that doesn't interfere with the progress of the hearing. We are also going to need some cooperation and understanding as we try to conduct this hearing. There are numerous people on all sides of this issue. There are clergy who support 13 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 the bills and clergy who oppose the bills. There are witnesses who would like to testify in groups; for example, the American Civil Liberties Union and, I think, the Philadelphia Bar Association and the Women's Law Project has a panel of people that would like to testify. We would like to as best we can accommodate those individuals who've have made an effort to organize themselves and to testify in groups, so we're going to need some cooperation and some understanding as we try to make sure that the hearing is conducted in an orderly fashion. There will be approximately, three maybe four, witnesses who will testify on behalf of the Administration: Mr. Ben Hayllar, Nancy Kammerdeiner, and Linda Seyda, and I think someone from the Law Department. Those people will be you called to testify a little later on in the day. So we will try to get through the variety of witnesses and an as efficient and as reasonable a way as is possible. At this time, a quorum being present, I will officially declare that a quorum of the City Council of Philadelphia is present in the 14 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 chambers. Today we will have a public hearing and perhaps a public meeting on several bills that are before us. We will consider Bill No. 970745, an ordinance amending the retirement system, approved December 3, 1956, as amended, and amending the Municipal Retirement Benefit Plan 1987 Ordinance, which became effective January 8, 1987, as amended, to, and in case of both ordinances, allow members of the Retirement System to name as beneficiaries and survivors any person designated by the employee, under certain terms and conditions. Bill No. 970749, an ordinance amending Chapter 19-1400 of The Philadelphia Code entitled "Real Estate Transfer Tax" by further providing for the excluded transactions and requiring the signing of the certification affidavit, under certain terms and conditions. And Bill No. 970750, an ordinance 22 amending Chapter 9-1100 of The Philadelphia Code entitled "Fair Practices," by adding a new definition and amending certain definitions, and by prohibiting discrimination in employment and in 15 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 places of public accommodation on the basis of marital status. Immediately following the public hearing, a meeting of the Council Committee of the Whole, open to the public, will be held to consider action to be taken on the bills just mentioned. We would like to have as our first witness today His Eminence, Cardinal Anthony Bevilacqua, Archbishop of Philadelphia. He is here. (Applause.) (Cardinal Bevilacqua comes forward.)
Good morning, Your Eminence. CARDINAL BEVILACQUA: Good morning, Mr. President.
Please identify yourself for the record, and proceed with your statement. CARDINAL BEVILACQUA: My name is Cardinal Anthony Bevilacqua, Archbishop of the Archdiocese of Philadelphia. 'S 970745, 970749, 970750 the City Council, ladies and gentlemen, I bid you a very affectionate good morning. I'm here to testify because of the gravity of these five bills regarding life partners and domestic partners being considered by Council. I appear before you, confident that my position, the position of the Catholic Church, is grounded in a firm basis of mortality, custom, and faith. I am testifying in person so that the Members of Council, as well as the public, will hear the Catholic Church's true position on marriage, the traditional family, homosexuality, and the proposed life partners legislation. In 1996, this Council held hearings on ordinances regarding so-called domestic partners. Today, three ordinances refer to life partners, while two ordinances refer to domestic partners; yet both terms refer to the same relationship. The nomenclature is different; the meaning and consequences of the suggested measures are the same. 'S 970745, 970749, 970750 legal equality between marriage and same-sex partnerships. ) CARDINAL BEVILACQUA: So-called life partnerships, they reflect an attempt to cast aside marriage as our legal standard and to establish a legitimacy for homosexual unions as well as heterosexual partnerships outside of marriages. However, the marital relationships shared by husband and wife constitutes the only true and lasting life partnership. ) CARDINAL BEVILACQUA: Our position is supported by many religious leaders representing many varied denominations. It is uplifting that one can see and hear these leaders speaking together in one voice. To know that so many religious and community leaders have come together united on this issue should not be a surprise to anyone. We have done so before, and if need be, will do so again. 'S 970745, 970749, 970750 the face of constant assaults on the sacred, time-honored, and vital institutions. It is deeply disturbing that every few years, we have to come before City Council to offer testimony in defense of traditional marriage and the family. Perhaps those all behind these bills hoping that we will grow tired or that our message will become outdated or muted. If so, they are grossly mistaken. Though we are of many faiths, we are of one voice. ) CARDINAL BEVILACQUA: At the outset, I must say unequivocally that the Catholic Church condemns as immoral any act of unjust discrimination against homosexual persons. The church's teachings on the issue of homosexuality is clearly pronounced in the catechism of the Catholic Church, which states that homosexual people, and I quote, must be accepted with respect, compensation, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. 'S 970745, 970749, 970750 Church clearly teaches that a homosexual orientation in itself is not immoral. Violence and hatred directed at a homosexual person is sinful and wrong. It is troubling that the issue of life partners has been framed in terms of discrimination. The Archdiocese of Philadelphia works constantly to ensure that our actions and words reflect our firm belief that discrimination against any individual is completely unacceptable. ) CARDINAL BEVILACQUA: To accuse the Catholic Church of unjust discrimination because it labels homosexual behavior as sinful or because it opposes these bills can only be interpreted as a total disregard for truth and honesty. We have nothing but loving concern for those who oppose our position, including those who are homosexual. We recognize that all persons are gifts from God and deserving of our love and respect. 'S 970745, 970749, 970750 honor or provide special incentives for their life-style.
) CARDINAL BEVILACQUA: Some who support these goals allege that their goal is not to equate same-sex life partnerships with marriage but to avoid discrimination. However, other supporters of these bills concede that their ultimate goal is to legally establish same-sex marriages. They argue that the definition of marriage has to change with the times. For the Catholic Church, the issue has always been that of preserving and defending the sacred institution of marriage and traditional family life. It has never been a matter of discrimination. ) CARDINAL BEVILACQUA: Each year, our parish and Archdiocesan schools educate over 111,000 students of all races, all beliefs, and varied incomes. Twenty of our schools are composed solely of minority students, the vast majority of whom are non-Catholics. 'S 970745, 970749, 970750 educational assistance he or she needs. We offer this education without discrimination. Many of you know that the Archdiocese of Philadelphia is the largest provider -- private provider of social services in the Commonwealth. Each year we serve hundreds of thousands of people all races, of varied incomes, and of all beliefs, even those who profess no religious belief. In response to God's call, we help to clothe the naked, feed the hungry, and house the homeless. In addition, we provide services to those who suffer with HIV and AIDS. In these humanitarian efforts, all are given assistance without discrimination. ) CARDINAL BEVILACQUA: Our human services and educational programs are well known. However, many people may not know about two Archdiocese programs that go more directly to the issue at hand. The Archdiocese supports a program for Catholics who are homosexual. This program, called "Courage," assists those who turn to us for help. 'S 970745, 970749, 970750 in their desire to live a chaste life. Our faith teaches us that all people are gifts from God. How could we respond otherwise? Another program, called "Encourage," is offered for the families of homosexuals. This program provides education, support, and love for these family members. The real issues at hand, marriage and the traditional family, are too important to be lost in the confusion of the debate. These values are too central to all of society. The definition of marriage -- the union of a man and a woman -- is timeless. ) CARDINAL BEVILACQUA: Marriage does not change to fit momentary whims or to be politically correct. 'S 970745, 970749, 970750 CARDINAL BEVILACQUA: I emphatically repeat what I stated five years ago when I testified before Council, because the truth has not changed and will not change. At that time, I testified that such bills are dangerous because they attempt to cast aside marriage as our legal standard of legitimate cohabitation, they intend to give legitimacy to homosexual cohabitation as well as heterosexual cohabitation outside of marriage. This is a legitimacy which neither homosexual or heterosexual cohabitation now enjoys and, which, for the common good of the City, should not be given. ) CARDINAL BEVILACQUA: This legislation communicates to the whole of society, but especially to our youth, that extramarital and homosexual relationships are the natural, moral, and legal equivalents of marriage and the family. They endeavor to nullify the fact that committed, traditional marriages and stable families constitute the foundation on which a lasting and civilized society is built. 'S 970745, 970749, 970750 Marriage and family life have a unique and fundamental role in society. This role springs from the fact that the permanent commitment of husband and wife in marriage is intrinsically tied to the procreation and education of children. ) CARDINAL BEVILACQUA: This leads eventually to the necessary support of society. The health and well-being of our City depends on stable families.
) CARDINAL BEVILACQUA: As elected leaders of our City, you are called to defend the sacred institution of marriage and to support traditional family life. Do not become another negative force in society which gradually erases the term "marriage" from our vocabulary. ) CARDINAL BEVILACQUA: Members of Council, I submit that the actions of the Catholic Church are based on compassion, justice, and equality before God. We strongly disagree with those who oppose. 'S 970745, 970749, 970750 One can recognize that each person is a gift from God; yet one does not have to condone every behavior of that person. ) CARDINAL BEVILACQUA: Therefore, I urge you to reject legislation that gives legal validation to life partners and compels businesses and taxpayers to subsidize these relationships. ) CARDINAL BEVILACQUA: Just because one's relationship is not validated by law or subsidized by taxpayers, it does not mean that one is facing unjust discrimination. A stable civilization needs a stable family life. Therefore, law and public policy should seek to stabilize the traditional family structure through support, protection, enhancement, and encouragement. As Archbishop of Philadelphia, shepherd for nearly a half million Catholics in the City of Philadelphia, and as a citizen of this great city, I respectfully exhort you to reject these bills and to voice your support for marriage and traditional family life. ) CARDINAL BEVILACQUA: Members of City Council, I again extend my hand to you. Together, we must work to support the institution of marriage and to strengthen the traditional family. If we are successful, a stronger, healthier Philadelphia and society will surely emerge. Thank you. )
Good morning, Members of Council and citizens of Philadelphia. It is great to be here this morning to testify about marriage and family and the strength that it brings to our fine City. My name is Bill Devlin. I'm a Democratic Committeeman from the 61st Ward. I reside with my wife of 18 years and 5 children in the East Oak Lane section of the City. I am also the director of the Urban Family Council, an urban-based interracial pro-family organization dedicated to the City, its children, and families. 27 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 Just yesterday, our organization ran a full-page ad in the Philadelphia Daily News, 11. Many of you have seen it. That ad, with its 36 signers, represents over 550,000 citizens in the City of Philadelphia. (Applause.)
Including the Archdiocese of Philadelphia, along with the largest Black church in the City of Philadelphia, Deliverance Evangelistic Church. (Applause.)
The largest Anglo church in the City of Philadelphia, Calvary Chapel in Northeast Philadelphia, represented here today. Also the -- one of the largest Spanish churches, Sergio Martinez, at Sinai Assemblia de Dios, on Fifth Street. And also the largest Chinese church. And that's why we have called our opposition to these bills the "Campaign of Love and the Rainbow Coalition." (Applause.)
Thank you. Thank you. Thank you. 28 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 I am encouraging Members of City Council to vote against the life partners and domestic partners bills. The reason for the Urban Family Council's opposition to these bills is manyfold. First, since these bills were introduced, opponents -- I among them -- have stated that these bills would undermine marriage or change its definition. Supporters of these bills in Council, in the public, and in the media have ridiculed our position. Yet, four of the five bills before Council clearly establish a process whereby two people may come forward and formally declare themselves to be partners. Thereafter, they would be, by law, entitled to benefits and be exempt from taxes, just as married heterosexual couples are. (Applause.)
Thank you. In fact, the two domestic partners bills even call for a City registration and certification process before the benefits are mandated. Therefore, I ask the supporters of 29 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 these bills to be honest with everyone, admit it: You are trying to establish same-sex marriages in the City of Philadelphia -- (Applause.)
-- under the guise of partnerships. Second, there has been a clear pattern of misunderstanding as to the scope of these bills. Again, the statement that I am about to make comes from a clear reading of the plain language of the bills before Council. These bills apply to every person -- every person, I repeat -- who lives and works in the City of Philadelphia. No, I am not yet making the point that all Philadelphians will be harmed; rather, I mean it literally. The sponsors of these bills and too many in the media have reported that these bills apply only to City employees, as if that would make it acceptable. That is totally and clearly false. Four of the five bills would allow any same-sex couple living in Philadelphia to register as life partners. Furthermore, the Realty Transfer Tax Bill clearly applies to every single residential 30 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 property in the City. It has nothing to do with one's employment. The reason for the Urban Family Council's opposition -- and again, we represent over 550,000 in the City -- is twofold: for financial reasons and for common sense. Recent facts show that 30 percent of adults in southeastern Pennsylvania and percent 10 of their children go hungry each month because 11 they do not have enough food or money to buy food. 12 According to a comprehensive survey 13 conducted by the Philadelphia Food Bank, 82 14 percent of their clients have no other resources 15 for food other than agency or government food 16 programs. And 78 percent of households receiving 17 food from emergency food programs have an annual 18 household income below $10,000. And 26 percent 19 have no stove for cooking. Finally, while 50 percent of clients receive food stamps, 76 of this group reported that food stamps don't last the entire month. These are statistics compiled prior to welfare cutbacks. Children go hungry in Philadelphia because of lack of resources. 31 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 Our School District, where I send four of my five children, is a hundred million dollars in debt. City Council passed the drink tax legislation, which our organization supported, in order to bolster the District's resources so our kids could have books. Not every police officer in our City has a bulletproof vest, and not every Citywide swimming pool will be open on June 1st. Not every child is immunized in this City. We're celebrating National Childhood Immunization Week this week. And, yet, according to Council sources and the news media, these radical bills before you, which radically redefine the family, will cost the City $617,000. How many vests is that? How many immunizations is that? How much food for a hungry child? (Applause.)
Men and women of Council, and men and women of the City of Philadelphia, with these emotional realities before us, let's talk about equity fairness and 32 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 economic justice. These bills before Council will benefit a demographic group, according to the local Diversity of Pride Market Audience Product Benefit Summary, that this demographic group that would benefit as a result of these bills is the wealthiest in this City. Let me quote from the Diversity of Pride fax of April 14th, a fax sent to local radio and TV stations designed to obtain corporate sponsorship for their Diversity of Pride event at the end of this month. And I quote: This market -- meaning the homosexual community -- possesses a track record for basing purchasing decisions on gay and lesbian media advertising averaging 80 percent of all gays and lesbians. Listen carefully. Over 50 percent of gay males households earn annual incomes above $50,000, and over 30 percent of lesbians earn annual incomes above $50,000. Yes, this is about economic -- (Shouting, heckling from members of the audience.) 33 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750
Yes, men and women of Council, this is about economic justice and economic fairness. And, by the way, the average salary for the African-American male in this City is $21,500. Giving a benefit, men and women of Council, to the wealthiest demographic group of people while children go unimmunized, police go without vests, and senior citizens go hungry, these bills are a reverse Robin Hood. They take from the poor and give to the rich. (Applause.)
I thank you. Finally, our opposition to these bills is based on common sense. Heterosexual marriage: one man, one woman for life -- one man, one woman for life in all cultures, in all countries, in all colors, in all ethnicities, and in all races has been the norm for 6,000 years. (Applause.)
Has there been a deviation from the norm? Yes. 34 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 The family has been redefined in some places, but always -- but always to the detriment of men, women, and children, and the culture and civilization. When you have a sick family member, you don't abandon them. Marriage in our culture is clearly in need of repair. City Council, don't redefine marriage with these five bills. Rather -- (Applause.)
Rather, the Urban Family Council works with you, and we rather you support those bills and that legislation and those ideas and programs which will bolster and support the one-man-one-woman-for-life. Statistics show that 53 percent of all children born in Philadelphia hospitals, men and women in, 1996 in our City, left that hospital without a father -- left the hospital without a father. We all -- we all have to work together. Listen to the wisdom of the last 6,000 years, men and women of Council, and vote no on redefining the family. 35 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 Thank you very much. (Applause.)
The Chair recognizes Reverend Benjamin Smith. (Applause.)
Mr. President, Council, and members, and all of the people that have assembled here in view of this undertaking that you're going to have to face today, I want to approach this entire situation from the root cause. And that is very simply, it's a question of right and wrong, of righteousness and adjustment. The creator said to the creature, "It's not good for man to be alone." So he created woman. (Applause.)
And said, "Replenish the earth." Those of us who profess Christianity have to realize that God is just not in the pulpit or in the pews or in the sanctuary. But in every phase of life, God is concerned about every phase 36 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 of our lives. (Applause.)
Now, sooner or later, every person in this chamber is going to have to face God. And while he is a God of love, he is also a God of judgment. We are given the opportunity to make choices. The choice we make will determine where we will spend eternity. God loves the homosexual, but God hates homosexuality. (Applause.)
The solution to the homosexual's behavior will not be settled in this chamber. The solution is found in repentance and deliverance, and every one of them have the opportunity to be prepared to meet God. On our currency, and the very currency these people are seeking security in, it says, "In God, we trust." Well who is the God that they're trusting? If we trust the true and living God, he has promised to deliver us from whatever separates us from Him. I want to cite to you and those of you who are taking adverse positions to the 37 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 presentation that has been made here today, while God is sovereign, he respects your will, he will deliver you if you will repent. And you can be as normal as any other individual. (Applause.)
I'm going to cite to you -- listen to me -- you are going to hear these words again. You are going to hear these words again. It's going to be judgment or repentance. And the final analysis is not going to be settled in the court of law, it's not going to be settled by what Council vote on. In the final analysis, every one of us is going to have to face a just God, a God who says, ""I love you and I will forgive you, I will set you free." He that the son set free is free indeed, but you have to make the choice. You can get all of the laws passed that you want. But in the final analysis, when you've faced God, your lawyers will not help you. (Applause.)
Only one lawyer is going to count, and that is Jesus Christ of 38 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 Nazareth. (Applause.)
I am not ashamed -- I am not ashamed of the gospel of Christ, for it is the power of God and the salvation to all who believe it -- first the Jew, then the Greek, then to the homosexual. That applies to every living sole. But as individuals, you have to make the decision. My prayer is that you will decide on God's side. The nation and the individuals that forget God shall be turned in to hell. You have a choice. Members of City Council, we have to demonstrate our Christianity in whatever position God allows us to occupy. Wherever we are, we have to demonstrate our relationship with Jesus Christ. Passing these laws giving people a right to commit sin is not demonstrating righteousness. Jesus said, "Seek ye first His kingdom and His righteousness, and all these things shall be added unto three." I command because if you don't take God's word seriously and apply Christian 39 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 principles to daily living, you're going to have to face Him in the judgment. And my plea to you is to search the scriptures; for in them, you will have eternal life. Romans, Chapter 1, Verses 6 through 32; Genesis, Chapter 19; First 7 Corinthians, Chapter 6, Verse 9. Search it for 8 yourself. 9 I will pray with you, I will minister 10 to you, I will do everything that God has enabled 11 me to do to help you to become what He desires you 12 to be. 13 (Applause.) 14
Can we have Reverend 16 Martinez. I would appreciate it if Reverend 17 Martinez would join Reverend Shine at the witness 18 table. Reverend Martinez. 19 (Reverend Martinez comes forward.) 20
Can I have your attention, please. May I have your attention, please. At this time, we will hear testimony 40 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 from Reverend Shine, after which we will hear testimony from Reverend Sergio Martinez of the Hispanic clergy. The Chair recognizes Reverend Shine.
Thank you, Mr. President. Mr. President and Members of City Council and to all of the citizenry of Philadelphia that are here for this most emotional occasion, I am here as the Vice President of the Black Clergy of Philadelphia and vicinity, serving as the Chairman of the Social and Civic Committee, Chairman of the (unintelligible) Institute, one of the most historic and prestigious schools of religious education of our City and nation. I'm here also as one of the our City's pastors representing Black clergy, of which there are 400 churches that comprise our organization, constituting over 300,000 congregants. Mr. President, because of the grave concern that the religious community shares in this issue, we would have City Council to know that our government institutions, elected officials, and the fundamental documents under 41 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 which traditional family values are secured were to be under the higher law of principles. These higher-law principles would act as a barrier to the implementation of any legislation that could be imposed on the citizenry of our City by the whims and fancies of non-traditional values of a God-ordained objective order. We join with many religious communions, including the Roman Catholic Church, the Ecumenical Organization of Black Clergy, and the ministerial councils and conferences of our City to express our opposition to any legislation that would bring to our City this immoral bill. The Church stands as the moral and ethical conscience of the State along the basis of scripture, both the Old Testament and the New Testament. We call upon you to obey the rule of God in this matter that will potentially breed serious moral consequences, the likes of which ultimately brought about the destruction of the cities of Sodom and Gomorrah. (Applause.)
God's clear plan in 42 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 the Bible is that women complement men, and that men complement women. God's objective order in creation includes heterosexual orientation for humans. Sexual relations between persons of the same sex are necessarily and essentially disordered, according to the objective moral order and the sacred scriptures. The sacred scriptures oppose such acts as wrong, immoral, and even portray them as a tragic consequence of rejecting God and living independent of God -- not under God's authority, but in opposition to it. The community of faith believes that the scriptures are the inspired word of God, the final authority for doctrine, for reproof, for correction, and instructions in right living. We believe that heterosexuality is God's created intent for humanity; and, therefore, view homosexual expression as outside of God's creative order. We believe that the homosexual life-style is one of many manifestations of transgressions against God's objective order, and under no circumstances -- (Applause.) 43 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750
And under no 3 circumstances should the clear teachings of God's word regarding same-sex union -- homosexuality lesbianism -- be ignored. And by legislation unilaterally hand us a law enacted upon the citizens that the scriptures and the community of faith, the church, and good moral conscience oppose. The question that I raise, Mr. President and Members of City Council, is, can we impeach God because we do not like his teachings? The special interests of the gay community is described as "gay rights." Gay rights must not be viewed as civil rights. The civil rights of every citizen are guaranteed protection under the Constitution of the United States. Sexual orientation does not constitute a state of life comparable to race, color, ethnicity, religion, and the handicapped, in regards to the law and the spirit of the law, as provided under the current civil rights laws that prohibit discrimination. Neither are moral rights established by human legislation, nor by the data 44 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 of empirical scientists that deal with human behavior. We do, in fact, support human rights that are also the guaranteed rights under the Constitution. But above and beyond that, they are the endowment of all of our creator, human rights. The psychologists and the sociologists and the anthropologists should not be the determinative factor in informing moral norms. It is God who created man. And God has the exclusive right to establish moral standards. The behavioral scientists do not give orders to God, nor have the right to change His objective orders for human existence and human conjugal relationships and society procreation. As for gay rights, it is promoted that the homosexual life-style is good in and of itself, even superior to a heterosexual life-style. That's according to the gay rights. It is the active homosexual life-style wherein celibacy is not part of that community. Gay rights, then, is an attempt to justify and to legitimize the state of homosexuality. But all men are endowed by their 45 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 creator. Therefore, you do not need to have legislation to give us rights that God has already granted us. (Applause.)
Therefore, this must be something that is opposed and in direct opposition to the moral law of God for society. An alternative life-style is in violation, Mr. President, of God's created order, which is male, and female, created he then. We therefore respectfully call upon this august chamber not to approve this legislation, as it is in direct violation to the mind and the will of God for mankind. We must not live independent of God's rule. There is, as has been stated before, a judgment to come. The Bible declares that righteousness exalts a nation, but sin is a reproach to any people. Homosexuality is against the established order of the Creator, our God. So we ask you respectfully not to move forward in a positive manner on this legislation. Thank you. 46 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Applause.)
Mr. President, Members of City Council, and members of the Philadelphia community, I am Pastor of the Sinai Assembly of God, one of the Hispanic churches right here in Philadelphia. I've been a member of the Philadelphia community for the last years, 11 and it burdens me that City Council is considering 12 these bills. 13 Because one thing that we know, this is 14 the birthplace of the nation. And our nation was 15 based on the Bible. It was the scripture that 16 provided a framework for everything that we have 17 up to date. And it is back to the scriptures that 18 we must go if we are to have a strong society. As a member of the Hispanic community, I strongly am against any legislation that will equate life partners with marriage. And I am speaking not only for myself, but as part of the Hispanic community, which is a growing community in our City. And we may not have a lot of 47 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 representation of Hispanics at this gathering, because, in many instances, we as a community have been placed aside, and we are not aware of the things that City Council is dealing with. But in this instance, I'm telling you, if you just made a poll within our Hispanic community, you will find out that over 90 percent of Hispanics will not agree with the bills that are being presented to City Council. (Applause.)
Therefore, being part of this community as Hispanics, being citizens of this City and assisting this City in its development and its continued growth, I advise you to vote no against these bills. Thank you. (Applause.)
Thank you very much, thank you very much. At this time, we would like to hear from Rabbi Sue Yael, Reverend Neena Gray, Marie Summers -- I think she's from the organization Dignity. Beverly Dale, Reverend Benjamin Maucere. And I think Reverend Richard Bansen is 48 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 part of the group that cannot be here till a little later. Can we have any of these clergy people who are here come and testify at this time. We would appreciate it if you would all come up to the witness table at one time. (Applause.)
I understand that there is a minister who has yellow pad and is in the green (referring to Rabbi Sue Yael.
Rabbi, I'm sorry. I understand you should have been a part of this group.
I would appreciate it if -- just like to offer just a little word of caution to those of you who are here who have very strong feelings abilities this issue. You don't add very much to this hearing by interrupting the witnesses one way or the other. 49 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 It would be very helpful and useful to us if people could just listen to the testimony given by the witnesses and allow us to proceed with this hearing. We could be here infinitely longer if people don't kind of adjust to the fact that you will be hearing a lot of things with which you disagree. So with that caution, would you please identify yourself for the record and proceed with your statement. (Marie Summers comes forward.)
My name is Marie Summers, and I'm the President of Dignity Philadelphia. I'd like to say good morning first to Council President Street and to all the Members of City Council. And I thank you for the opportunity of addressing you today. Dignity Philadelphia is an organization of gay, lesbian, bisexual, and transgender Catholics, our families and our friends. We gather every Sunday in the community room of an Episcopal Church for mass. And on any given Sunday, our congregation totals approximately 100 people. 'S 970745, 970749, 970750 I am also a native Philadelphian, South-Philly-born and bread, the product of 4 years of schooling in the Archdiocesan School 5 District, and in a committed relationship with 6 another woman. She is a former sister of St. 7 Francis of Glen Riddle, also of this Archdiocese. 8 And I love the Catholic Church. The 9 question that is asked most often of me and of 10 other gay and lesbian Catholics is: Why don't you 11 just leave the church? There's so much you 12 disagree with, why don't you just walk up the stairs and join the Episcopal Church where you will be more welcomed? And the only answer that I can give to that is: Because we can't. We are a community of Catholics, first and foremost, and truly believe that we also have a place at the table of this great church. We believe that this place becomes clear when its viewed within the context of the wider Catholic church community. Throughout the 2,000-year history of this church, a great deal of diversity has flourished, and it is in this diversity where the Church has found its strength. 'S 970745, 970749, 970750 especially apparent when we look at the way different United States bishops and different diocese have chosen to respond to legislative matters such as those before this City Council. While we are certainly familiar with the Church's opposition, I would ask you to also consider that when presented with legislative action in the Archdiocese of Seattle and the Diocese of Spokane and Yakima, Washington, Archbishop Thomas Murphy wrote a letter stating that the bishops had decided neither to endorse nor to oppose these initiatives. Archbishop Murphy also asked local parishes not to allow supporters of two anti-gay rights initiatives to gather signatures on church property. The bishops were content to urge Catholics to use their own conscience and best judgment in deciding whether to support the initiatives. A spirit of cooperative opposition was present in California when domestic partnership health benefits were the issue. 'S 970745, 970749, 970750 benefits it offers to spouses or to lose funding for the Catholic charities from the city of San Francisco. Recognizing that this was an opportunity for the Archdiocese to address a new and very serious social debate, Archbishop Levata and Mayor Willy Brown worked together to find a solution which was mutually acceptable. As a result of their collaboration, the City has codified regulations to recognize that a business or agency which allows each employee to designate a legally-domicile member of the employee's household as being eligible for spousal-equivalent benefits to be in compliance with the law. Archbishop Levata has stated, quote, I agree with moral theologians like William May who see no compromise of Catholic moral principle in this practice. This policy has since been adopted by the Archdiocese of San Francisco and by many large corporations, including the Bank of America. 7 percent of employees have taken advantage of these benefits. 'S 970745, 970749, 970750 I celebrate that this wonderful church is blessed with the richness of intellect and the wisdom of the ages which enables us to enter into these debates and to work together to find a way to include all people. I respect that Cardinal Bevilacqua is exercising his own conscience and ask that each one of you do the same.
Even within our diocese, there are parishes which have not participated in the collecting of signatures or in the reading of anti-gay messages from the pulpit. And God bless those priests and other religions who have indicated to us privately that they do not support the use of the full power and force of the Archdiocese to lobby so strenuously against this legislation. )
Among bishops can also be seen within the dignity community. Dignity Philadelphia has been a presence in the faith community of Philadelphia for years. We meet 23 at an Episcopal Church for a weekly Sunday 24 liturgy, and many validly-ordained Roman Catholic 25 priests who are supportive of us serve us. None 54 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 of these priests, however, is Archdiocesan. In some cities, including Baltimore, Maryland, the local Dignity Chapter meets in a Catholic church and has mass celebrated by Archdiocesan priests. In some cities, there is dialogue between Dignity and the local hierarchy. In other cities, including Philadelphia, there is no 10 dialogue. And I am sure that each bishop believes that he is following what his conscience is dictating. I agree with many of the things that we've heard here today. I agree wholeheartedly that the Catholic Church has an outstanding record of providing social services, and I am so proud of them for that. I agree that it is tragic that so many babies are leaving hospitals without a father. And I agree that each and every one of us will someday need to look into the face of God. And I can tell you right now, I don't know what that face looks like. And the only place I know to look for that place is in my own heart. And the God that I 55 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 find in my heart tells me what Jesus said was to love one another. (Applause.)
So I ask each of you, I ask each of you with a vote to cast, look into your own heart before you cast that vote. Realize that we are your sons and daughters and that we are the sons and daughters and grandchildren of many of the people sitting here holding their signs against us today. (Applause.)
We may not have told you yet, but you know who we are. We are not a faceless group of strangers. We may not have told you yet because we are afraid, but we are your sons and daughters, and we are only asking that you recognize this, and that we want and need the same things that you do -- love, honor and respect. You have in your hands today the power to give some of this to us, to help us to live our lives in dignity and integrity. I pray that you open your heart to the Holy Spirit and find a solution which will best serve all of God's 56 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 children. Thank you. (Applause.)
Jeffrey H. Jordan. To President Street, to the Members of Council, I would like to say good morning, and I would like to thank you for advancing to the point where we are here today to set all agendas and all thoughts on this issue on the table. Years ago, there would not have been a discussion like this. So we can say we have come a long way. I'm Reverend Jeffrey Jordan. I'm pastor of Metropolitan Community Church of Philadelphia. Metropolitan Community Church of Philadelphia is a Christian church that has a ministry to the gay and lesbian community. We are a part of the Universal Fellowship of Metropolitan Community Churches, with over 300 congregations in 13 different countries, recently reaching out to South Africa. From some responses that was said by 57 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 those near me, I know that I'm not the most popular person here today. I am a pastor of a church that ministers to the gay community, I am an African-American male, and I am a gay man in a loving relationship with my partner. (Applause.)
There are those who say that you can not be gay and a Christian. You cannot question -- excuse me. You cannot question my Christianity -- that's between me and God. (Applause.)
And my partner will tell you -- and my partner will tell you that I am gay. Before we can even begin a mature discussion concerning domestic-partner benefits, I feel it is necessary to agree that most gay and lesbian people are healthy, mature humans who are not in need of a healing or an exorcism. (Applause.)
Even though many fundamentalists still adhere to primitive thoughts, homosexuality is neither a sin or a sickness. 58 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Applause.)
I have heard a lot of people say that the Bible says this, the Bible says that. The Bible also says -- the Bible also says, "Salves, obey your masters." The Bible says -- the Bible says that women -- the Bible says that women should be submissive and be quiet. (Applause.)
The Bible says, "If your right eye offends you, pluck it out." What, then, should we say about same-sex unions? Society has decided that marital status, with all its benefits, should be based on respected cultural norms. This in no way makes the exclusion of same-sex couples right, legal, or holy. A wedding is a symbol of two people committing their lives to each other. Being that some religious institutions have denied a ceremony to same-sex couples, we cannot let a ceremony define a relationship. There are gay and lesbian couples who are living in committed relationships, even though they've been denied a marriage. 59 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Applause.)
Right here in Philadelphia, I get calls daily from to gay 5 and lesbian couples who have been together for 6 many years, seeking me to bless there union. 7 Right here in Philadelphia, there are families 8 with children that are same-sex. I have one 9 couple in my church who have adopted five 10 children. 11 (Applause.) 12
One of the children 13 has Down's syndrome, one of the children was born 14 a crack baby due to a heterosexual relationship, 15 one of the children was born with AIDS, and the other two children were abused. Does this family have the right to call themselves "a family"? (Applause.)
We are living in a time when we must take the acceptance of a truth to a higher plane. Just as social intolerance brought about the movement of slavery emancipation, women's suffrage, and civil rights for African Americans, we must become intolerant to the exclusion of rights to sexual minorities. 60 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Applause.)
In the past, many of our patriarchs have tried to use the Bible to push their personal agendas. Still, truth has always prevailed. How can we not let the same truth prevail today? You say the Bible is against it. Show me word. I'll show you where John 3:16 says, "Whosoever. . . " I am "a whosoever." I pray that this great City not rest until justice and equality is established. How can you not vote to give us equal rights? May God bless you and heaven smile on you. (Applause.)
Honorable Council President Street and Members of the Council, I am Reverend Neena Gray, Minister of the Unitarian Society of Germantown, on Lincoln Drive, in Mount 61 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 Airy. (Applause.)
Thank you for the opportunity to speak to you today about this decision before you, which is a matter dear to the soul of my church, the Unitarian Society of Germantown, and dear to the soul of my denomination, the Unitarian Universalist Association. Our church in Mount Airy is involved in the Northwest Philadelphia Interfaith Hospital Network which provides shelters and seeks to help families which are homeless to strengthen their life situations and move to safe and healthy housing. The Unitarian Society of Germantown has adopted the Lingelboch School, providing classroom libraries for children and other support there for children and families. We have food programs, support recycling and the New Threads Program. We support the Nicetown Boys and Girls Club, which our former minister founded decades ago. Our church is pro-family and 62 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 pro-children's lives. (Applause.)
Ten years ago, our church voted to support its ministers in performing services of holy union for gay and lesbian couples. (Applause.)
Our church, the Unitarian Society of Germantown, voted at that time nondiscrimination in hiring staff. And that is nondiscrimination as to sexual orientation. Our church voted to cherish the life choice of gay and lesbian people. Our denomination, the Unitarian Universalist Association, refuses to pit one minority group against another. (Applause.)
We have embarked on an anti-racist initiative at the same time as we are encouraging a Welcoming Congregation Program, welcoming gay and lesbian people and affirming their right to develop and stable family ties. The first tenet of our faith is to cherish the inherent dignity and worth of all 63 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 people. The second is to promote justice, equity, and compassion in human relations. The youth in our church school learn to cherish diversity and respect difference. Like most children, they develop a passionate conviction about fairness. Unitarian Universalists have worked tirelessly for policies of equity and justice. Our denomination and my congregation have long stood for the rights of gay and lesbian people, supporting nondiscrimination in hiring and calling ministers fighting, homophobia, and developing welcoming congregations. We believe, as did Dr. Martin Luther King, Jr., that if some are treated unjustly, then all are diminished. (Applause.)
We affirm the family in its great variety of expression, believing love and justice strengthen family, our neighborhoods and our City. In this spirit, I urge you to act positively, voting yes for providing health insurance benefits, pension survivor benefits, and 64 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 real estate transfer benefits for domestic partners and life partners. Thank you very much. (Applause.)
My name is the Reverend Benjamin Maucere. That's M-A-U-C-E-R-E. Honorable Council Chair John Street and Members of Council, I thank you for allowing me to speak here today. I am co-minister of First Unitarian Church of Philadelphia, at 2125 Chestnut. Our church has stood for full inclusion of all people in the human family for over 200 years here in Philadelphia. (Applause.)
Full inclusion in the human family, participation full, full citizenship. And these are the larger issues raised by this debate. If you consider justice, if you consider family values, then granting domestic partner benefits is the right thing to do. 65 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Applause.)
I can't believe we're still talking about this. I testified here five years ago, on the same issue, and we're having the same conversation. Five years ago, I mentioned that I entered City Hall through an archway on Broad Street, which had the word "justice" carved in the archway. I spoke of domestic partner benefits as a justice issue then, and the Honorable Chair of City Council didn't agree with the connection. And I've had five years ago to think about it, so I'll try again. The justice issue has to do with equal protection under the law. Gays and lesbians are caught in a catch-22 situation. The state tells them can't marry, and the City tells them they can't have benefits 'cause they're not married. (Applause.)
Now, you might say that gays and lesbians do have equal protection under the law -- they're free to marry someone of the opposite sex. That's very much like the freedom of the rich and poor to sleep under 66 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 bridges. The state should not deny gays and lesbians the right to marry, to proclaim their commitment before God and to the gathered community, and to share in whatever legal benefits are the right of married couples. The state should not consign gays and lesbians to the ranks of second-class citizens. But as long as the right to marry is denied, it is cruel and absurd for the City to deny because they are not married. It is unconscionable. (Applause.)
In our society, gays and lesbians are subject to discrimination, harassment, and violence. Studies indicate that suicide is the leading cause of death among gay and lesbian teens. They are three times more likely to kill themselves than heterosexual teens. This is an abomination. And these events occur because of a climate of fear and hatred, and bigotry. (Applause.)
And I'm ashamed to 67 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 say that that climate of fear and hatred and bigotry is created and fostered by members of the religious community. (Applause.)
My breath was taken away earlier to hear that this initiative is taking food out of the mouths of poor children and vests off the chests of officers. And I say, if that's the issue, then let's take away all benefits. It was obviously a cynical ploy. You on the City Council have a sacred duty to protect and defend the rights of all citizens, including the rights of gays and lesbians who work and pay taxes and vote, fall in love, commit to one another, and raise children in real families. (Applause.)
These families and the well-being of these partners and these children are the concern of all of us, and these families should be strengthened and not scorned or attacked. These are family values. (Applause.)
The religious 68 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 beliefs of some should not result in the denial of the rights of others. To those of you who are opposed to domestic partner benefits, my response is simple: If you don't want the benefits, don't apply for them. (Applause.)
But don't deny those rights to others. Thank you. (Applause.)
Can I ask Mr. Dan Gottlieb join this group. I'd like for Mr. Dan Gottlieb to join this group. Can we have our next witness. (Reverend Beverly Dale comes forward.)
I work as a clergy at the Christian Association at the University of Pennsylvania. My constituents is faculty, 69 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 students -- graduate students and undergraduate -- and staff in that community. Last week, City Council was -- you considered a very important vending ordinance that the University of Pennsylvania had requested. You noted at that time the importance of that institution to the City as the second-largest employer. I would also note for the record that since July 1, 1991, the University of Pennsylvania has provided domestic partnerships for all of its staff. (Applause.)
I would hope that this Council would also take that into consideration as you are considering moving in this direction. I was really pleased this morning to hear Cardinal Bevilacqua make the distinction that he was talking about church teaching. He wanted to make clear what church teaching was. And that is to be commended. Many of us seem to think that church teaching and this ordinance are incompatible. And I would suggest that, indeed, for some churches 70 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 that is the case. However, I would also suggest that these ordinances being presented and Christian principles are not in contradiction. (Applause.)
While the cardinal suggested we speak with one voice as a religious community, obviously, that is not the case; there are many voices here. And I consider myself a Christian and clergy, and I disagree with the church teachings that Cardinal Bevilacqua was speaking of. (Applause.)
There's a significant difference between teachings and principles. In the academic environment in which I work, we understand the basic premise that education is always changing, that truths are always changing and in flux. One simply needs to look at Galileo and his head-on battle with the church so understand that yes, teachings do change. (Applause.)
There are, however, Christian principles that are consistent with 71 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 every other major faith tradition principles. Some of these are to consider justice in light of the least of these, my brothers and sisters. (Applause.)
A second commandment is to love ourselves and others as we love our God. That principle is also at work in this issue. The third principal issue is the golden rule: Treat others as you wish to be treated, with fairness. (Applause.)
Just as research and academic teachings are always changing, so church teachings are also in flux, depending on the time and the culture. One analogy would be if this body of folks who were to pass an ordinance saying that because church teachings -- some church teachings -- do not recognize the credibility of women's ordination, you should not indeed allow me to perform weddings in the City of Philadelphia. Now, I'm sure most of you would see that that would be inflicting church teaching on a different matter. That should not be. I would 72 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 suggest that we have the same thing at work here. (Applause.)
On our college campuses, I have seen pain and wounds that have been created by well-meaning people of faith, who have not understood the difference between church teachings and the moral, ethical principles of Christianity, which are consistent with Judaism, Islam, and all other major faith traditions. None of us should lay aside our own morality when we are in public-service capacity, and I would commend you for hanging on to your own moral standing. However, public servants are required to lay aside sectarian views, views which are shaped by specific teachings of their own institutions, which may be in conflict with the basic democratic principles of creating justice. I wish you well. (Applause.) (Rabbi Yael comes forward.)
Rabbi Yael, Y-A-E-L. I'm 73 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 from the congregation of Mishkan Shalom. We're located in Philadelphia -- Chestnut Hill, in Philadelphia. We're a Reconstructionist congregation, so I'm speaking for myself, I'm speaking for my congregation Mishkan Shalom, and I'm speaking for the entire Reconstructionist movement to come here today and to urge you, to implore you to support domestic partnership. (Applause.)
I'm speaking as a rabbi and as a religious leader of a community, and I take that position very seriously. I am also speaking for myself, I'm also speaking as a lesbian, as a woman in a committed relationship with another woman who has a two-year-old son. (Applause.)
And I implore you from this place, from the place of being a lesbian family, from the place of being a loving, committed lesbian family, and I am imploring you to support domestic partnership. I have to say that I was deeply 74 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 saddened -- deeply, deeply saddened and disturbed to hear over and over again this morning the use of the Bible to speak against justice, the use of the Bible to speak against equality and against humanity. (Applause.)
I have a different message from the holy scriptures. I hear a different message from these scriptures, I hear the voice of the prophets calling to us from the mountains. I hear the voice of the prophets calling us to seek justice, calling us to repair the world. The prophets are telling us the world is broken the prophets are telling us we must repair the world. The prophets are telling us we must join together, to come off the mountain, to come out of the churches, out of the synagogues, into the streets together and repair our world and repair our communities. The way that we do this is to end oppression, the way that we do this is to end inequality and to end hatred. (Applause.)
The way that we do this is 75 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 to see the face of God in every person that we meet. The way that we do this is to recognize the absolute holiness in each and every person we meet. The way that we do this is to sanctify love and sanctify committed relationships between people any two people. We must not be the judges, we are not the judges. (Applause.)
We have heard this today. We are not the judges. God is the judge. And we do not -- nobody can say what God wants. None of us, none of us can speak for God. But we can speak from our hearts, we can speak for our families, our City, and our communities. We must sanctify loving relationships. We have a commitment as human beings to do this. (Applause.)
Not to have equal rights -- not to have equal rights for gay and lesbian couples is to perpetuate injustice. Not to recognize the rights of gay and lesbian men and women to sanctify their loving relationships is to 76 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 perpetuate injustice. To say that to give equal benefits to gay and lesbian partners, to say that if we do this, that we're taking money from the poor and giving it to the rich not only perpetuates injustice and hateful division, it is absolutely, absolutely shameful. (Applause.)
Gay men and lesbians are creating families. Let me say that again. Gay men and lesbian are creating loving, committed, strong families. This is the reality, this is our world. (Applause.)
We are committed families. We are creating families that do not tear up the fabric of our society. Our society is torn. Our society is torn. We are creating families that are helping sew back the society. We are creating families of commitment and love. (Applause.)
Families come in every size, every color, and every configuration. Families have not been consistent for 6,000 77 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 years. Families have grown and changed, and will continue to grow and change forever. As religious leaders, as political leaders, as community members, it is incumbent upon us to support the creation of families. That's what will make our communities, our cities, our schools and our countries strong. Passage of the domestic partner legislation will not undermine heterosexual marriage. It will support and strengthen the power of commitment. (Applause.)
There is no dearth of holiness and love. Give holiness to gay and lesbian families is not to take holiness away from heterosexual partners. (Applause.)
The Reconstructionist movement, of which I am proud to be a part, strongly, strongly supports gay and lesbian rights and gay and lesbian relationships. The reconstruction movement supports gay and lesbian marriage and urges all Reconstructionist clergy to officiate as these marriages. 78 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 In our Jewish tradition. We just celebrated the holiday of Passover. As Jews, as Israelites, we have just left Egypt. We have just left the narrowness of slavery. We have just left the bondage of the oppressors. And now we're wandering in the wilderness. Now, as a people, as a community, as a city, as a country, we are wandering in the wilderness. We must join together on this march. We know that if there's not justice for everybody, then there's not justice. And we know if there's not equality for everybody, there is not equality. We must join together and create a society and a community where justice and equality exists. We are in the desert, and we are in the wilderness. I implore you, I implore you to lead the way in this wilderness. I implore you to lead the way. I implore you to vote for the domestic partnership legislation and to support the creation of families. (Applause.)
Please identify yourself for the record. 79 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Reverend Paul Huebner comes forward.)
Mr. President, I'm the Reverend Paul Huebner, H-U-E-B-N-E-R, Pastor of the Calvary of the United Methodist Church, at 48th and Baltimore, in West Philly. (Applause.)
In my years of 9 ministry, that's the first time I ever got 10 applause. 11 (Laughter.) 12
I come at this in a 13 slightly different way, Mr. President and Members 14 of Council that are still here. I come at it as 15 kind of a humble preacher, probably representing 16 the smallest congregation as compared to my 17 esteemed colleagues that have gone before me. 18 But I have spent most all of my life in 19 the City. I was educated in the public schools, 20 which, sadly to say, reading today's Daily News article, are in great jeopardy. And I wish City Council would spend as much energy on the schools as this issue. (Applause.)
I come as a father 80 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 of two boys that I love very much and who have been also educated in the City, and have gone to what is known as the finest high school in the city, which I also went to, and, I'm sorry to say, again, the City continues to ignore, our children in our public schools. I also come at it as a loving husband; it just so happens that my partner is female. But I feel very strongly in this issue and support these resolutions very strongly. I also come as someone who has been a taxpayer, who has paid thousands of dollars of city wage tax over the years. Yes, clergy are taxed. And I have served churches in this city that have paid thousands upon thousands dollars of real estate taxes to support me in the parsonages that I've lived in. I grew up in a conservative Evangelical church up in North Philadelphia. And like a lot of churches, old city churches, there was a gym in the basement. And in that gym, we played basketball all the time. And it was one of those gyms you probably have all seen. You know, the 81 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 out-of-bounds were the walls, the ceiling was so low that we all learned to shoot jump shots like a line drive. And there was always in the corner that was protected by wire mesh. And it said "Play Fair." I can remember, as a young kid, saying to my father, Why is that sign there, play fair? I mean, it seems kind of incredulous -- I didn't use that word at that time, but it seemed kind of incredulous that in a church, there would need to be a sign that said "Play Fair." And then, as I got older and my skills weren't as good as the other kids', I realized that that sign was there for me, because I didn't usually play fair, because I just wanted to win. And that's all I was concerned about. As I became an adult and went into ministry, and after 20 years of ministry, I realize that most of our churches need signs that say "Play Fair." (Applause.)
Because, unfortunately, it is the churches that often play 82 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 the dirtiest. (Applause.)
I have all respect for my colleague in ministry, Anthony. I have spent many hours in my office with Roman Catholics that have been hurt and pained by the church trying to keep them in Roman Catholicism even though they wanted to come to United Methodism. I have counseled with many couples who stay married in name only for their fear of the Church, and for their fear of losing City benefits. I am pained that people would wave Bibles at me and pull dirty tricks like that, as we come to offer, hopefully, legislation which speaks about justice and about care for all types of families. (Applause.)
I was taught in the Philadelphia schools about a concept known as separation of Church and state. And though I always want the church to speak for justice and righteousness in this world, I just feel I need to take this moment to remind 83 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 the City Council that many of you are aligning yourselves with a church and with churches, but specifically a church, who, if my brother Anthony were celebrating mass tomorrow and the president of the United States were to approach him as a sinner seeking the signs of grace and love and reconciliation, the Cardinal would just say no. 9 I would remind you that it is also a church that women who say that they are called of God and wish to celebrate the sacraments are told very plainly, You aren't good enough. (Applause.)
We have heard from a prince of the church who will make sure till his dying day that there are no princesses because they are not worthy and are not in the image of Christ. I come to you as a pastor of a small congregation in an old building in West Philadelphia that is made up of many people of many colors and many backgrounds and many sexual preferences. I realize that some of you feel pressured by church leaders. At the risk of 84 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 sounding like I'm proselytizing, may I say to you that every Sunday at 10:30, you would be welcomed around our table of fellowship no matter what your color or what your preference or what your political beliefs. (Applause.)
As someone who has paid thousands of dollars to this city, I'm not worried about the financial -- the financial needs of these bills. As a matter of fact, if she were here, I would invite my Councilwoman where I live and the Councilwoman where I work to spend a day with me in both neighborhoods, and we would find enough money in waste that would cover these bills. (Applause.)
As a father of two boys who are beginning to find partners for themselves, my concern for them is that they find loving relationships and just relationships, and not relationships that just go on paper alone. (Applause.)
And as a pastor of a church which has been a reconciling and welcome 85 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 congregation for years, we come to ask you to support these bills so that we may support and help people maintain the family values that they cherish. (Applause.)
My name is Dan Gottlieb, 10 and I appreciate and am honored to speak with City 11 Council today. 12 I have been practicing marital family 13 therapy in this city for 29 years now. 14 For the last 13 years, I've had a radio 15 show on WHYY called "Voices in the Family." It's a call-in show. And for the last 5 years, I've written a bimonthly newspaper column for The Philadelphia Inquirer. In addition to the all of those voices that I hear, I get about to 30 letters and 22 phone calls a week from individuals and families 23 in distress. In their own way, they tell me their 24 story. And in that context, I'd like to share 25 some of my observations about what harms families 86 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 and what helps them. First, what harms them from within are expectations. Early on, we develop something called "an ego ideal." It's the perfect self, it's that perfect human we aspire to be. It's based on our parents' image, it's based on our cultural image, it's based often on our parents' unfulfilled dreams. It's that perfect self. And by the way, it usually takes the form of looks or achievement or power or money. Rarely is that perfect self seen as a kind or compassionate self. Now, it's nice to strive for ideals. Our culture wouldn't survive if we didn't all strive to be better. But we live in a time when we can have the illusion of perfection. The media says to us, You can and should have it all. And worse, you can be whoever and whatever you want to be. Given that, then, that perfect self is no longer something to strive for. That becomes our minimum acceptable standard. Now, here's the danger. When the gap between who we are at core, who we are in our 87 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 heart is different from who we think we ought to be, when that gap gets too big, bad things happen. We're convinced that we should be different and we feel badly about ourselves. We feel that we're not good enough, ashamed of what we haven't become. Now, the same thing happens with families. Around age 5 or 6, we develop a vision of the ideal family, the perfect family. And it looks something like this. And I'm sure we all know it. She expects him to be present, involved, powerful, loving. And consistent. He expects her to be attractive, warm, nurturing, a wonderful mother, and consistently supportive of him. They together expect their children to be self-motivated, high achievers, and not too demanding; anything but what kids really are. And they all expect this family to make them happy. That's what we all learn. If you get in the right family, then you will be happy. Well, my colleague says getting married doesn't make you happy; getting married just makes you 88 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 married. (Laughter.)
I see these people in my office every day, every day of my career. They are angry and disappointed with themselves and with one another. They try to change one another to create that vision they have in their head. And they fail, they always fail. Expectations damage families. They expect each other to be someone they're not. They expect the same of themselves and their children. Now, society has an ideal image of families, too. We know it. The ideal family is middle class or better, it's heterosexual, it's never divorced, it's always loving, and it's never in crisis. That means it never has doubts, resentment, hatred, desire for infidelity, feelings of sadism, or loneliness. All of these things are considered by our culture to be abnormal. If we have them, then there's something wrong with us, our families. The truth is, if you don't have these feelings in your relationship, somebody's been sleeping. Expectations hurt families. Families 89 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 break up and people live with low self-esteem and feel victimized. Expectations hurt families. The result is, everyone feels alienated. They feel alienated from the family, they feel alienated from one another, because they haven't lived up to some mythic standard. I had a woman in my office who was in crisis. And I asked her who cared about her, who supported her. And she mentioned some of her friends, and I said, "What about your mother?" She said, "Oh, my mother doesn't hear my heart." I thought, How sad. That's what a family's supposed to do for us. They're supposed to hear our heart, and we're supposed to hear the hearts of people we love. So people feel like they don't belong. Part of being human is the desire to belong to family and to the community at large. Well, that's what hurts families from the inside; to be judged, to be told you should feel a certain way. To judge someone creates alienation, it creates pain and suffering. Let me tell you briefly what hurts families from the outside. When a single family 90 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 comes home bone-tired from a minimum-wage menial job, and she's too tired to read to child, that hurts the families. Or a man who is repeatedly downsized, who is so angry, hopeless, and ashamed that in a misguided effort to face leaves the family 'cause he can't look at them anymore. Every week I get at least one phone call from a family member who's got a loved one with a chronic physical or mental illness, whose managed care plan won't pay for the care, and the burden falls on the family. Research shows this doubles the divorce rate with this kind of burden; doubles an already-50 percent divorce rate. This is what hurts families. Or the family I will never forget from West Philadelphia that I worked with last year. I asked the 17-year-old son, "What do you think about when you lay in bed at night, before you go to sleep?" He said, "I worry whether my younger sister will be okay tomorrow because the gunshots are getting closer to my house." This is what hurts the families, not the lesbian couple down the street. 91 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Applause.)
This is a story about being human. And as long as there is anxiety, there will be scapegoats. It's part of being human. The more crowded we get on this planet and in this city, the fewer the resources, the greater the anxiety. And certain people are always going to become a risk for becoming society's scapegoat; generally, the more vulnerable ones. Not just gays and lesbians. Poor people, street people, handicapped people, old people, most minorities, all vulnerable, all at risk. It takes the form of hatred, but hatred is just fear. We are afraid of our own vulnerability, we are afraid of loss. All hatred is fear turned inside out. That's what hurts families from inside and from without. It's unreasonable expectations from a highly judgemental society. It's alienation and loneliness, it's poverty and discrimination. This is what hurts families. But I know the resolution. I have the resolution. It's eye contact. It's very simple, 92 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 eye contact. You see, when we judge somebody, we don't make eye contact. We don't look in their eyes. As a man in a wheelchair, I know the pain of someone not looking in my eyes. They look at me, and they see stainless steel; they don't see a man with a heart and a mind. I was at Allegheny Hospital a couple years ago, waiting to meet some colleagues. And I was sitting there in the lobby, with my mug, drinking cup of coffee, and a woman came walked by and put a dollar in my mug. (Laughter.)
Which told me I can always make a living. No eye contact. We step over street people and grumble about what's happened to our city. No eye contact. We don't look in the eye of who and what we're uncomfortable with, often ourselves. We in the mental health field have recently begun to examine what contributes to mental health.
Sir, I reluctantly 93 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 do this, and there is some relevance to this, but it would be good if you would get to the bills. And I guess I have to interrupt you because you're a professional and I don't know if you would ever stop. (Laughter.)
I mean, in true candor, I don't want to be -- (Applause.)
I appreciate your comments, sir, and I've only got one more paragraph. In my profession, we're trained to listen more than talk so this is awkward for me. (Applause.)
I just want to briefly comment on what hurts mental health. We've learned that judgment and pessimism interfere with mental health. Hopelessness and mistrust interfere with it. Building walls around your home and turning your back on suffering and injustice only creates more anxiety and more insecurity. 94 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 We have learned that what contributes to mental health is something we've known for thousands of years -- compassion and generosity contribute to mental health. Optimism, trust, and faith contribute to mental health -- not just faith in God, but faith in the human spirit. All of these contribute to mental health. I say to you what I say to families who are destroying one another with unreasonable expectations: Please look in one another's eyes long enough to see their hearts. It will make you both more human. In my opinion, this legislation make eye contact. And for that, I applaud it. (Applause.)
Richard Bansen. I live in West Mt. Airy, having lived there for 37 years. I've been married for 47 years, and I have 4 children, all adults. I come not as a reverend clergy today but I do come as a lifelong member of the Religious Society of Friends, or Quakers. 95 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Applause.)
And I'd like to tell the Council about a brief -- very briefly about an experience that happened in our Meeting. That's the Green Street Friends Meeting, 45 West Schoolhouse Lane, in Germantown. Some years ago, we were faced with the question of same-sex ceremonies of commitment, or, some might call it, "marriages." And our Meeting decided that before we were approached by a same-sex couple asking to be married or committed under the care of our Meeting, we decided we'd better do some study on this question. And we appointed a committee, as Quakers often do, to check into the ratifications of such a ceremony. We studied this question for over a year. We interviewed parents of lesbians and gays, gay people, lesbians. And after a year's study, where we had many opportunities to consider the pros and cons -- and, believe me, there were -- everyone in our Meeting was not in favor of such taking this step. We did reach consensus on the fact that we would honor lesbians or gay couples, and honor 96 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 their commitment to each other by being willing to have a ceremony of such commitment, under the care of our Meeting. And I personally have been very influenced and moved by the caring -- caring that occurs in such a relationship -- that can occur in such a relationship. And I urge the Council to affirm their -- affirm these bills and vote in favor of them. Thank you very much. (Applause.)
Thank you. Thank you very much. Arthur Delaney. Arthur Delaney. Is Mr. Delaney here? UNIDENTIFIED SPEAKER: He's just right outside the door.
Please identify yourself for the record and proceed with your testimony.
Mr. President and Members 97 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 of Council, thank you for the opportunity of addressing you this morning. My name is Arthur Delaney. I'm President of the Catholic League for Religious and Civil Rights, and it's an organization 350,000 members nationally. And the Catholic League -- I preface I sent everyone, by the way, a copy of the testimony. I'm not going to say all that I wrote there, but you do have copies. I mailed them to everyone, and I'm grateful for the opportunity to be here to present some of it. And the Catholic League, I want to preface my remarks by saying, is concerned not so much about the monetary matters concerned with this matter, but with the family matters. We're concerned about what these bills do to family structure, the family's ability to have rightful protection, the family's ability to survive, and the family's ability indeed and in fact to give back to society and to this civilization what society and civilization needs, and that is a future. So that is our main concern. We're not 98 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 so much worried about monetary benefits, although we think there are other ways to obtain these benefits, if people think they really need them, without a government legitimizing a questionable life-style or validating and enforcing a coequal status for a bizarre way of life. (Jeers from the audience.) (Applause.)
These bills -- in our judgment these bills are not a matter of justice, they're not a matter of fairness, and they're not even a matter of civil rights. They're a matter of incentive, they're a matter of franchise, and they're a matter of privilege. And in this country -- and in this country, we have a long history of granting exemptions, privileges, and franchise to those groups that have served this society in a particular way. For example, those over 65 get a double exemption on their income tax. Senior citizens get special rates for travel and SEPTA and the rest of it. We get a special rate, a deduction, for each child on the income tax form. 99 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 And, certainly, the U.S. military is a great example of giving exemptions to people who have served. You cannot, after all, get into Walter Reed Hospital, unless you are somehow service-related. They have auto insurance, home insurance, banking privileges, PX privileges, burial privileges. And you don't get the G.I. Bill unless you have served. So giving exemptions and privileges to special groups is not something new. And just because it is given to marriage, it is given to marriage because marriage has produced for this society and this civilization its future. And it's self-evident to me and to most of us that the government and the State have a primary duty and a responsibility of protecting and preserving the family for its own good. And its own good is its own future. One state -- or one country recognized this fact so strongly that they included in their constitution when they said, The State recognizes family as the natural, primary and fundamental unit group of society; and as a moral institution 100 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 possessing inalienable, imprescriptible rights that are antecedent and superior to all positive law. And the State, therefore, guarantees to protect the family in its constitution and in its authority as the necessary basis of social order and as an indispensable welfare for the nation and of the State. The State pledges itself to guard with special care the institution of marriage in which the family is founded and to protect it against all attack. (Applause.)
It is in light of this that we see -- that is the Catholic League -- the bills before us now, 970745, 49 and 50 as outrightly trivializing marriage, which has been held through all history by many to be not only a legally-binding contract but as a sacred covenant. And by many others, to be a religious sacrament of the highest order. The proposed legislation that equates the very limited and very tenuous stable life partnership is equivalent with the lawful, stable, 101 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 committed traditional marriage. It not only contradicts but seriously endangers the deepest values of our common public moral heritage, damaging, perhaps irreparably, the common good and the fundamental social order. The proposed legislation imperils our social future and seriously obstructs any human development and education. Traditionally the family -- and by "the family," traditionally, I mean the nuclear-based married union of one man, one woman, and their offspring -- has always been viewed and has proven itself over the centuries to be the only really effective way of transmitting not only new life, but education, religion, moral values, and civilization itself. Marriage and family have a unique and fundamental and irrevocable role in society, which springs from the fact that the permanent commitment of husbands and wives and in marriage is intrinsically tied to the procreation and education of children, leading eventually to the necessary support of society and civilization. And that necessary support that society and 102 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 civilization needs is a future. And this proposed legislation removes marriage from its privileged position in our society and, thereby, undermines the entire social future and the continuation of our civilization. Historical tradition testifies loudly and clearly that it is the public consensus that marriage should enjoy unique benefits and the rights obtained in public law because of the unique contribution that marriage and family make to our future and to our society. This proposed legislation flies in the face of all American people, both native and immigrant, who have, for centuries, seen their commitment to marriage and family life as their best contribution to the welfare, to the common good, and to the general success of this civilization. History certainly demonstrates that this commitment to the centrality of marriage and the family has made this civilization what it is today. The proposed legislation using the supporting argument that the contemporary failure rates of traditional marriage and family stability 103 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 completely misses the point that such rates are in fact and indeed failures. Public law has always recognized marriage ideally as the lifelong commitment which, regardless of its relative failures, aspires to the relationship that is permanent and unbreakable. The ease with which proposed legislation allows domestic partnerships or life partnership unions and even more so, their termination, makes a mockery of these aspirations. Public law has always recognized marriage to be a relationship which entails substantial and legally-enforceable mutual responsibilities for husbands and wives. No such responsibilities are placed on life partners. Their obligations and duties are minimal and their termination requirements are as near to a joke as you can get and still appear to be serious. Clearly, the proposed legislation seeks to guarantee for life partners the public benefits of marriage while imposing none of the obligations. (Jeers from the audience.) 104 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750
If it is true, as we believe it is, that every obligation presupposes a right, it's easy to understand why life partner legislation imposes no obligations, simply because there is no right. The proposed legislation effectively removes the fundamental value on which all previous special marital benefits have been based. That is the need to create a safe, stable, enduring, and nurturing environment for the rearing of the next generation, passing on of religion, the accumulated moral wisdom of the ages, and stabilizing civilization, allowing it to continue into the future. A stable civilization needs a stable family life. Therefore, law and public policy should seek to stabilize the family and the family structure by supporting, protecting, enhancing, and encouraging it. The proposed life partners legislation has the diametrically opposite effect. The proposed legislation reduces marriage from the high and exalted sphere of vocation to the low level of mere commercial contract. It changes 105 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 family from a genuine, authentic community into some sort of individualistic federation, sapping the essential vitality of the family and disallowing it to make its maximum contribution to society. The proposed legislation is wholly unnecessary. Those who believe their human rights have been violated have all the laws presently on the books to protect them and to redress such violations and a such injuries in reference to their individual rights. All citizens should have the right to redress, and they should have means other than the radical repudiation of long-held, rationally defensible, and time-tested fundamental values and institutions which impact not only on our population, but on the present and future viability of this society as well. The proposed legislation aptly is biased and discriminating in reference to a large group. And by that fact alone, it is poor legislation. It is, in addition, obviously and transparently a partisan advocacy for a particular life-style and a blatant attempt at ideological 106 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 coercion. The proposed legislation -- (Jeers from the audience.)
The proposed legislation is as obvious from the text is based on many untried, unproven, unsubstantiated assumptions. Much of the argumentation for life partner proposals is mere supposition and weakens the case to the point of invalidity. (Jeers from the audience.)
The proposed legislation has not been sufficiently analyzed in terms of its economic impact. And I will skip over that because of time and -- (Applause.)
But the proposed legislation is, as is glaringly apparent, it's simply unenforceable and just as glaringly apparent as the unique characteristic of not only destroying the family but destroying but of strongly rewarding and supporting a public commitment -- a lack of public commitment to civil responsibility. And I would simply conclude by saying 107 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 that marriage, the foundation of the family stands in a critical and necessary position regarding society. Both social order and the common good therefore demand the protection of the privileged position that this union has heretofore received. The State has an obligation to regard with special care the institution of marriage and to protect the family. And we certainly don't need the government or the State redressing grievances by the radical repudiation of long-held, rationally-defensible and time-tested fundamental values and institutions which impact not only the majority of us in this population, but also impact the present and the future of this society. I thank you for your time. (Applause.)
Reverend Charles Benson, Reverend Charles Bennison. (Reverend Charles Bennison comes forward.)
Thank you for this opportunity to speak on a matter of great moral concern, a matter of simple justice. 108 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 I am Charles E. Bennison, Jr., the Bishop of the Episcopal Diocese of Pennsylvania. (Applause.)
And I live at 279 South Fourth Street, in Philadelphia. The Church, like the culture of which it is a part, is deeply divided on the question of the full acceptance and inclusion of homosexual persons. To my colleague and friend, Cardinal Bevilacqua, and others, I want to say that in all the ways we seek to love and serve God, we have far more in common than we have in conflict. We do differ on this issue. At our general convention here in Philadelphia last summer, the Episcopal Church adopted for its own employees legislation similar to that before you today. (Applause.)
You have argued over these bills for five years now. I urge you to pass them today, and for two reasons: First, these bills advance distributive justice. There should be equal pay for equal 109 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 work. For the City to use employees' benefit packages or the real estate transfer tax exemption for the benefit of some and not of all is discriminatory. (Applause.)
Indeed, a case could be made that the City owes reparations for its past and present discrimination against partners in gay and lesbian relations. (Applause.)
Second, these bills liberate this City from the sin of heterosexism. (Applause.)
Heterosexuality, which is good, is obviously different from heterosexism, which is evil. (Applause.)
Like racism, in which some are benefitted to the detriment of others -- (Brief interruption.)
Like racism, in which some are benefitted to the detriment of others merely because of who they are by nature, 110 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 whether they're black or white, heterosexism is a systemic injustice in which some are benefitted to the detriment of others, merely because of who they are by nature. (Applause.)
One of the Bible's profoundest insights about you and me is that we are sexual beings by nature. The Bible also contends that our expression of our sexuality should be according to nature. For the City of Philadelphia to continue a system in which heterosexual persons are treated differently from homosexual persons is not only to perpetuate a grave systemic injustice, but it is also to sanction implicitly hurtful attitudes and actions of discrimination, bias, and prejudice. If the issue today were one of providing the same benefits to black citizens as to whites, there would be no hearing necessary. How is the case before you today very different? Thank you very much. (Applause.)
Identify yourself 111 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 for the record, please.
My name is Barry Hart. I am Pastor at the University Lutheran Church of the Incarnation, in West Philadelphia, a congregation that has welcomed and affirmed all people, including gays and lesbians who seek the gospel of Jesus Christ. I am here so speak on behalf of Bishop Roy Omquist (ph.) in support of the bill. Bishop Omquist is Bishop of the Southeastern Pennsylvania Synod of the Evangelical Lutheran Church in America, representing well over 50 congregations in the City of Philadelphia. The bishop writes: I am the Reverend Roy Omquist, Bishop of the Southeastern Pennsylvania Synod of the Evangelical Lutheran Church in America. Our denomination is the fifth-largest Protestant denomination in the United States. Our synod consists of congregations in the five-county Philadelphia area, and serves over 110,000 people. Approximately 50 of our congregations are an integral part of the City of Philadelphia. 112 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 Lutherans been in Philadelphia since the early colonial period, Swedish colonists settled along the Delaware. We have been an important part of the City, as the City has been central to life of the Lutheran Church in this region. We take pride in the contributions that our church and its many social-service agencies have made to the health and well-being of the City. From the ministry of institutions like the Lutheran Home in Germantown and the Settlement House in Kensington, to our work with foster care and immigrant placement, we have been a church that cares about people. For that reason, I am very pleased in support this morning and for the amendments Bill 18 No. 970745, the pension ordinance amendments; Bill 19 970750, fair practices code amendments; and Bill 20 No. 970749, realty transfer tax amendment. 21 Our church, like most churches, which 22 minister in the City of Philadelphia, places a 23 very high value on strengthening the family and 24 supporting the needs of children, but we are 25 equally committed to the principle of liberty and 113 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 justice for all. (Applause.)
It would appear to me 5 that all three of these bills have as their 6 guiding principle the desire to make certain that 7 appropriate privilege is afforded to all of our 8 citizens, without discrimination. 9 Although there is no official position 10 or policy of the Evangelical Lutheran Church in 11 American life partnership, we are a church that 12 strongly believes in fairness, kindness, 13 tolerance, and justice for all. The official 14 policy of the Southeastern Pennsylvania Synod of 15 the ELCA calls upon all of our congregations to be 16 welcoming toward all people, including gay and 17 lesbian individuals. So let me be very clear. The position I would take on these bills would not be as an expression of an official stance of either my synod or our denomination on the issue of life partnership, but rather because of our passion for justice and fairness. I have long believed that there is both justice and fairness in the ability of an 114 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 individual employee to identify one person, regardless of blood or legal relationship, as an individual with whom he or she shares life, with some form of commitment and mutual dependence; and, therefore should be entitled to appropriate benefits. Any other policy would seem to provide both an unequal advantage to the majority and an unfair denial to a minority. If a person were to be raised by a surrogate relative and then, at a later time, wanted to designate that person as his/her relative and life partner for the purpose of qualifying for appropriate benefits, I believe that to be patently fair and appropriate. Indeed, the denial of such opportunity would seem extremely cruel and inappropriate. I know some will speak in opposition to these bills, characterizing them as anti-family. I would not agree. I believe that they are pro-fairness and pro-justice. And these are values that must under-gird our society and all our families. Those who are now denied rights and privileges are 115 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 members of our families. They are our brothers and sisters, our sons and daughters. (Applause.)
We do not further any value, no matter how noble and foundational, through the denial of other citizens of their appropriate value, benefits, and public status. I do not believe that we can encourage something good, no matter how altruistic our motives, if in the process, we dehumanize or diminish others. As Bishop of the Southeastern Pennsylvania Synod Evangelical Lutheran Church in America, I would strongly urge the City Council to grant approval to these significant bills, which will expand the quality of life within our City of Brotherly and Sisterly Love, to all of our brothers and sisters. Thank you for the opportunity of sharing my views. Thank you. (Applause.)
Mark Aronchick. 116 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 (Mark Aronchick comes forward.)
Good afternoon. Council President Street. With me today is Andrew Charles, who's a partner at Wolf, Bloch, Schorr & Solis-Cohen, one of the most preeminent law firms in the City, and a member of the Board of Governors of the Bar Association. And David Rosenblum, who is a trial attorney at the Equal Opportunity Employment Commission and the current Chair of the Gay and Lesbian Lawyers of Philadelphia, referred to as "GALLOP." I, of course, am the Chancellor of the Philadelphia Bar Association, which is an organization of 14,000 lawyers in the City of Philadelphia. I'm pleased to be here. I've been here many times, as you know. I used to be the City Solicitor for the City, but I'm particularly pleased to be here because wherever we -- meaning our organization -- and you stand on this issue, I know that we and you and your City Council have worked together on so many things to make this one of the greatest cities in the world. 117 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 And it's been under your leadership, with this extraordinary group people around you -- and I can't imagine a -- let me put it this way: I think you're the best legislative body in the free world. (Laughter.)
Council President Street, I am pleased to be here on this issue and speaking on behalf of our organization in support of the legislation. The Philadelphia Bar Association, I think, maybe has a few different perspectives to add to the matter before you. And I'm going to tick them off quickly. First of all, in terms of the legal profession -- and this is a rather conservative organization, the legal profession is fairly conservative -- there is a trend that is evident in bar associations generally toward recognizing committees and sections and activities of our gay and lesbian members. And we have in our own association a section that leads the way on many issues, not 118 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 just issues pertinent to gay and lesbian lawyers. And that, sectioned together with GALLOP, for example, it's a political force. For example, in the recent controversy surrounding the nomination of Judge Fredericka Messiah-Jackson to the federal bench, one of the very first groups that weighted in on behalf of Judge Messiah-Jackson was GALLUP. In fact, they helped organize several other groups, led the charge with the barristers and the Asian bar and the Hispanic bar within days to produce the first resolution in support of that nomination. And so I think it's important to understand that there is a political -- not only a moral but a political reality that we have here. And the Bar Association certainly understands that. There's another issue, and that is that we understand it because we see it in-house. We have insurance that covers domestic partners for our own bar staff. And I tell you that I know specifically -- I'm thinking -- I'm visualizing specifically people that we have on our staff who produce an enormous amount of work, who, I wonder 119 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 if they would be there. They are people who could work in any number of places. I wonder if they would be there doing all the things that they do in terms of putting our bar association in the midst of all the good issues that going on this the City. I don't think that I could have accomplished a lot of what I've done without specific people I'm thinking of, and one in particular who I doubt very much would find it a comfortable place if we didn't have this benefits package. And that is a political reality, a moral reality, and a workplace reality that we know that employers throughout the Delaware Valley are facing. In fact, corporations, one after another, are facing that to have the best talented work pool, we have to provide benefits in a work-friendly environment. And that work pool is a work pool that improves the lives of citizens throughout this City. The people that are for this and that are against this, their lives are being improved by the work pool that those organizations are 120 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 attracting. That includes the University of Pennsylvania. And there isn't a person isn't this room who would say that the University of Pennsylvania isn't improving the lives of every single person in this room by what it is doing for our region. So I think we have to be very careful to understand that we in Philly could be limiting our talent bank if we don't provide these kinds of packages. And I think we have to understand that -- and I know you understand, Council President Street, and I know everyone in this room 15 understands that this City Council leads the way as a example for most of the employers, and for many of the other institutions in town. (Jeers from the audience.)
Even that fellow's life is being improved by the University of Pennsylvania. (Applause.)
And there's no 24 question, whether he understands it or not, by our Bar Association, the things we've been doing for 121 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 him. Now, in addition, Your Honor -- and I call you "Your Honor" because you are, you are one of our leaders in this city -- there is an absolute inevitability to this issue. Let's face it, there is an inevitability to this issue whether we do something about it in this City Council today, it will be done next year or the year after or the year after. We see it in all of our cultural institutions. We see it -- we see an acceptance, an acceptance of all kinds of ways people are choosing to live with each other, properly and fairly. In other words, we don't want criminality, but properly and fairly, all over the place. And I know and I tell you -- and my final comment is, I see it in our bar association. It is there, it is obvious. One of the most conservative institutions that America can produce is a bar association, and it is there. Council President Street, if you would permit me one very small personal reflection, and that is this, and I think you might very well 122 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 understand the import of this, and I know that Councilman Nutter does, and I know that there are certain other Councilmembers that do. And that is this: Very long ago, when I was a young pup, before I even got to City Council, before you and I and several others participated, in the early eighties, in what was an absolute revolution in this City Council -- and you know what I'm talking about -- there was a City Council member that I worked for and that worked for me named John Anderson. And there was a day when I actually had the opportunity to be named City Solicitor in the Green administration. And there were a few City Councilmembers who didn't like that Mayor and so -- maybe they liked me but they wanted to make an example of the Mayor. And so my hearing got a little rocky. I had Carl Singley with me -- that helped. I had you there -- that helped. But the person who absolutely shut it all down got up and said, "Enough. He's not the issue whatever, you think of Mayor Green." And that was John 123 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 Anderson. He stood right over there and said, "Let's just end this nonsense because Mark will make an incredibly good first deputy, he will be add to the good of this City. Let's just approve him." And you all did unanimously, and I've always appreciated that. Thank you very much. (Applause.)
Good afternoon, Mr. Street, Members of City Council. The Family Life Educational Foundation appreciates the opportunity here to speak against the so-called domestic partners bill. (Applause.)
Those who back these bills claim they're only about fairness. They say they are not out to dismantle society. Many insist that these bills in City Council are just about treating everyone the same. If you listen, you will even hear the term "civil rights" thrown in. The more separate 124 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 will go further and make an attempt to correlate racial justice with the alleged plight of those City employees who are unmarried but who demand that the City treat them as such. The zeal of some backers have brought them to issue threats against Roman Catholics priests. We know about church burnings in Philadelphia. We don't intend to have any more, and we don't intend to have our priests hunted down. (Applause.)
So why are scores of Black Protestant ministers thundering against domestic partners? Why are dozens and dozens of Evangelical leaders opposing domestic partners? Why has Cardinal Bevilacqua gone to the City square once again to preach and to teach about the evil effect of domestic partners? Are they onto something critical? Or are they just mean-spirited and looking for a family? No, they and we are here because of the gospel and because we need order in our society. We are not mounting a campaign of personal 125 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 condemnation against homosexual people for their sexual behavior. Rather, the message is about family -- marriage, family, and the common good of society. And for these stakes, all of our opposition is justified and demanded by theology and sociology. During the past 40 years, we have watched the primary enemies to the family gain ascendancy in the U.S. Divorce, open sex, abortion, out-of-wedlock births have inflicted huge wounds on our society. As we observe growth in crime, poverty illiteracy, and the abuse of humans, do we not get the message to rebuild the family, the institution fundamental to the life of every society? To give status to same-sex unions is another strike against the family. It would be insane. Some Councilmembers who support these bills may deny their true purpose, but they are aware, they know that only a man and a woman can be married. (Applause.)
They know that the State has and should affirm its special status, the 126 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 special status of the family with financial aids. They know because it's self-evident that no other sexual liaison is a marriage. They also know that domestic partners is not about economics or wages or fairness. Anybody who really listens will quickly learn it is about social approbation. Supporters of domestic partners want approval and equality with marriage, period. They want to eliminate the special status of marriage. They are demanding nothing less from government than blessings for homosexual behavior. In seeking to destroy marriage, ACT UP, and other groups promoting domestic partners, have powerful collaborators, such as Planned Parenthood. Their founder, Margaret Sanger, pronounced that the marriage bed is the most degenerating influence in the social order, and they made that dictum a vital part of their organization. Marriage and family are priorities for human society. They give dignity to bonded partners and their children. Councilmembers should take immediate steps to dispose of domestic partners on the basis 127 COUNCIL OF THE WHOLE - BILL NO.'S 970745, 970749, 970750 of the facts. They know that the majority, the vast majority of their constituents, oppose it. Every member of Council has a dictionary which describes marriage as a voluntary union for the life of a man and a woman, solemnized in accordance with local law by a wedding ceremony and the filing of a certificate of marriage. A vote for domestic partners is a vote against marriage and the family. Thank you very much. (Jeers from the audience.) (Applause.)
Thank you very much. Larry Gross. (Larry Gross comes forward.)
Thank you, President Street and Members of City Council. My name is Larry Gross, and I'm Cochair of the Philadelphia Lesbian and Gay Task Force. (Applause.)