Law prof's appearance in Maine marriage ad causes stir at Boston College

LEWISTON — A Boston College Law School professor's appearance in anti-gay marriage advertisements in Maine caused a widespread reaction from students last week, prompting a dean to write an open letter to the campus addressing the issue.

Scott Fitzgibbon is the law professor featured in radio and television ads paid for by the Stand for Marriage Maine campaign, a group seeking to repeal Maine's law allowing same-sex marriage during a statewide vote this fall. In the television ad, Fitzgibbon says that unless the law is repealed, Mainers will face "real consequences."

"Legal experts predict a flood of lawsuits against individuals, small businesses and religious groups; church organizations could lose their tax-exempt status; homosexual marriage, taught in public schools whether parents like it or not," according to Fitzgibbon in the commercial. A written disclaimer stating that "no university endorsement is implied" is included in the ad.

Fitzgibbon did not respond to a request for an interview Monday.

In his letter addressed to the Boston College Law School Community, Dean John Garvey defended Fitzgibbon's right to express his views and added that in the past other professors have publicly expressed their support for same-sex marriage, also identifying themselves as BC law professors.

"Several of you have contacted my office to express your anger at Scott's actions, and it is hard for me to see any of our students, faculty or staff offended or hurt by the words of others," he wrote. "We work hard to create a welcoming environment for everyone at Boston College, and we do not discriminate on the basis of sexual orientation."

Another BC law professor, Kent Greenfield, circulated a statement to "reaffirm our belief in the equality of all of our students," which picked up about 80 signatures from BC faculty and administrators, including Garvey.

"In the long run, what happens in Maine is obviously up to Mainers and I would be surprised if very many people in Maine cared what any of us thought at Boston College Law School," he said, adding that he supports Fitzgibbon's "participation in the political process."

"What concerned me primarily is what our alumni and our students were feeling," he said.

Ryan Morrison, a third-year law student and editor-in-chief of the law school's online newspaper and blog Eagleionline.com, said Fitzgibbon's appearance prompted "heated" conversations among students.

"I think it's been difficult for a lot of students to kind of weigh their commitments to free speech, especially academic freedom, against feeling personally offended by Prof. Fitzgibbon's remarks," he said.

Morrison said much of the controversy has been fueled by students who disagree with the professor's stance on the issue, but there's more to it than that.

"Also, it is a pretty common impression among students that the advertisement at least kind of mischaracterizes the couple of legal decisions that flash on the screen," he said. "A lot of students are very uncomfortable with the school's name being used in the ad."

Paul Sousa, a first-year law student at BC, said the ad was misleading.

"It was quite frankly intellectually dishonest," he said.

Sousa, who is openly gay and described himself as "an activist in general," said marriage equality is a "non-issue" in Massachusetts, which legalized same-sex marriage about five years ago.

"I'd say the vast majority of the responses were just dismay, they were saddened that this conversation is still going on, they felt it was settled here in Massachusetts," he said.

A memo circulated by the No On 1/Protect Maine Equality campaign from a variety of former and current Democratic state officials as well as University of Maine law school professors, also refuted claims made by Fitzgibbon in the ads.

A similar reaction among students and alumni occurred at Pepperdine University after one of its professors appeared in an ad supporting the Proposition 8 campaign to ban same-sex marriage in California last year, prompting the school to ask that their name get dropped from the commercial.

rmetzler@sunjournal.com

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Comments

triumph's picture

Sure, Mr. Hughes, that's

Sure, Mr. Hughes, that's when they thought Aids was caused by contaminated air in air vents like legionaires disease. Only an idiot would ignore the millions of heterosexuals dying from the disease now. Are you ignoring them? Apparently. It is totally irresponsible to enter a quote that is 25+ years old as evidence today about this disease, and your doing so is reprehensible and void of any integrity whatsoever. Such is the level of smarm that characterizes the opponents of equality. And to think stopping gay marriage will stop Aids is truly brainless.

triumph's picture

Heck with all this

Heck with all this gibberish. I have a right to stone me some unclean brides. It's my religion and no one can stop me. It says right there in my bible that I can...that is, right after I go impregnate my dead brother's widow. Yup, that's in my bible, too. She's a looker so I like that part. Oh, and for those who like to leave out some parts, Aids has killed far more heterosexuals than homosexuals. In fact, it showed up first in the hets. Missed that part, huh?

David Hughes's picture

So Triumph, just what do you

So Triumph, just what do you think the CDC was trying to do when they said:

[quote]
"Dr. Curran said there was no apparent danger to non homosexuals from contagion. 'The best evidence against contagion', he said, 'is that no cases have been reported to date outside the homosexual community or in women'" - The New York Times
[/quote]

Care to explain what the head of the CDC task force that was trying to come to gripes with the new disease was really trying to say here?

http://www.avert.org/aids-history-86.htm

tron's picture

That is a lie, and no one

That is a lie, and no one said he should be quiet. All we're saying is to not represent yourself as an expert on the issue and speaking for BC, when neither is true. Let's keep the dialog of this referendum on the up and up.

Robert F.'s picture

Tron, quoted from the

Tron, quoted from the article; "Dean John Garvey defended Fitzgibbon's right to express his views and added that in the past other professors have publicly expressed their support for same-sex marriage, also identifying themselves as BC law professors." He did not do anything different than those who support same sex marriage did, nor did he identify himself as an "Expert". If you want to keep this dialog on the up and up, you need to be truthful also.

David Hughes's picture

Tron, if we want to keep the

Tron, if we want to keep the dialog on this referendum on the up and up perhaps you should start with yourself?

You did read this sentence in the article: "A written disclaimer stating that "no university endorsement is implied" is included in the ad. " correct?

And assuming that you want things on the up and up and that you actually read the article you have responded to then one does have to wonder how you came away with the impression that the Professor was somehow implying that he was "speaking for BC" as you put it.

Pretty clear from the article that no such interpretation is grounded in fact. So how is it that you came to that conclusion? Certainly not from any desire to keep the dialog on the up and up. So where does it come from Tron?

candiceanne's picture

First off the Bible was

First off the Bible was written by men not god. It is a collection of works hand picked by a group headed by Emperor Constantine who was not even a Christian, but a pagan. The Christians and wwhere murdering pagans by the millions on the name of their God and Constantine was
ooking for a way to put an end to the blood shed by declaring a national religion and chose Christianity because it was the most bloodthirsty at the time. He assembled a councel, the Council of Nicea which chose some text to include and left out others like the Gospel of Mary and the Gospel of Joseph. The texts chosen where the ones that fit the purposes, extended the power and most benefited Constentine and his followers,men. Constantine was as I said pagan and did not become Christian until his deathbed when he was baptist. Burning in hell, homosexuality as a sin, and soforeth are contrivances of men to control the masses. Many dont belive and refuse to be controlled by such manipulation. While they may chose a heterosexuL lifestyle they do not view another life style between CONSENTING ADULTS, and I emphasis CONSENTING AND ADULTS as sin or that there is any hell or burning or any other such confaguration of men in the future of those that so choose.

David Hughes's picture

Candice, you do understand

Candice, you do understand that before Constantine Christians were persecuted, their property taken, their religious artifacts taken, their churches burned, their religious texts burned. You understand that right?

You also understand that Constantine, even if we presume your view that his treatment of Christianity was for purely political motives, treated all religions fairly evenly with the exception of restoring what property could be restored to the Christians and ending the government sanctioned persecution of Christians. You understand that right?

One could argue, and probably be far more right than wrong, that Constantine embody the ideal of religious tolerance at least as far as governance goes. Perhaps the mixed religion nature of his parents marriage had something to do with it?

If you want to bash Christianity feel free to do so but lets at least keep it somewhat close to how things actually happened.

nikita80's picture

You blind guide. You strain

You blind guide. You strain at a gnat and swallow a camel.

FeloPrergoHok's picture

Does homosexual activity

Does homosexual activity shorten life?
Drs. Cameron P, Cameron K, Playfair WL.
Family Research Institute, Colorado Springs, CO 80962, USA.

Previous estimates from obituaries and pre-1994 sex surveys suggested that the median age of death for homosexuals is less than 50 yr. Four contemporary databases were used to test that estimate: (1) obituaries in the homosexual press from 1993 through 1997 reflected treatment success for those with AIDS but suggested a median age of death less than 50 years; (2) two large random sexuality surveys in 1994--one in the USA and the other in Britain--yielded results consistent with a median age of death for homosexuals of less than 50 years; (3) the median age of those ever married in Denmark, Sweden, and Norway was about 50 years, while that of the ever homosexually partnered was about 40 yr; further, the married were about 5 times more apt to be old and 4 times less apt to be widowed young; and (4) intravenous drug abusers and homosexuals taking HIV tests in Colorado had almost identical age distributions. The four lines of evidence were consistent with previous findings suggesting that homosexual activity may be associated with a lifespan shortened by 20 to 30 years.

Lil's picture
verified

Your ability to cite

Your ability to cite statistics from right wing hate groups is astounding!
______________________

"A conservative is a man with two perfectly good legs who, however, has never learned to walk forward."
Franklin D. Roosevelt

FeloPrergoHok's picture

Some more startling numbers:

Some more startling numbers: The median age of death for homosexuals was virtually the same nationwide--and, overall, less than 2% survived to old age. If AIDS was the cause of death, the median age was 39. For the 829 gays who died of something other than AIDS, the median age of death was 42, and 9% died old. The 163 lesbians had a median age of death of 44, and 20% died old.

Sadly, two and eight-tenths percent (2.8%) of gays died violently. They were 116 times more apt to be murdered; 24 times more apt to commit suicide; and had a traffic-accident death-rate 18 times the rate of comparably-aged white males. Heart attacks, cancer and liver failure were exceptionally common. Twenty percent of lesbians died of murder, suicide, or accident--a rate 487 times higher than that of white females aged 25-44. The age distribution of samples of homosexuals in the scientific literature from 1989 to 1992 suggests a similarly shortened life-span.

Tolerance of such a deadly lifestyle is . . . well deadly. We are not tolerant of other such destructive habits. Why vote in favor of gay marriages that will result in influencing more of our confused children to follow that lifestyle?

Lil's picture
verified

"We are not tolerant of

"We are not tolerant of other such destructive habits." Obesity? Time to put down the fork and back away from the buffet.
______________________

"A conservative is a man with two perfectly good legs who, however, has never learned to walk forward."
Franklin D. Roosevelt

FeloPrergoHok's picture

For Rhinoblast and

For Rhinoblast and likeminded others: some facts . . . Physically, the consequences of homosexuality are apparent. According to the Omega Journal of Death and Dying, the median age of death for homosexual men is between 40 and 43. The median age of death for heterosexuals is between 74 and 80. In 2003, the Centers for Disease Control noted that homosexuals accounted for nearly 65 percent of all new HIV cases while composing only about 2-3% of the population, and cases of Syphilis, Gonorrhea, Hepatitis A and B, Lymphogranuloma Venereum, and virtually every other sexually transmitted disease disproportionately affected the homosexual community.
Psychologically, the effects of homosexuality are sad and deplorable. According to the well-respected Archives of General Psychiatry, "homosexuals are at substantially higher risks for some forms of emotional problems, including suicide, major depression, anxiety disorder, conduct disorder, and nicotine dependence." Further, Dr. N.E. Whitehead from the National Association for Research and Therapy of Homosexuals stated, "Studies show homosexuals have a substantially greater risk of suffering from psychiatric problems than do heterosexuals. We see higher rates of suicide, depression, bulimia, antisocial personality disorder, and substance abuse." This is taught and verified in psychology and sociology textbooks.
Spiritually, an unrepentant, practicing homosexual is engaging in an activity that is unquestionably condemned by both the Old and New Testaments, and is completely irreconcilable with any biblical understanding of Godly living.

With these realities, explain how encouraging an embrace of such a lifestyle is good for the state of Maine?

gdls1's picture

Sammi, Think for yourself

Sammi, Think for yourself WHY the numbers you cite are so high. Discrimination, hate, prejudice and inequality all play a role.

Rinoblast's picture

Exactly. But that doesn't

Exactly. But that doesn't fit the "God doesn't like them" argument the author hopes to imply. Gay men dying in their mid-40s makes perfect sense right now because it puts them as coming-of-age during the 80s, a time known for unprotected sex in the homosexual community (based on a lack of scientific understanding by the community themselves about STDs, such as the afformentioned HIV). As you said, the psychological effects are easily explained by society's treatment of gays, making it a negative social effect that we, not them, are responsible for causing. Additionally, if there was something inherently (biologically) negative about being a attractive to the same sex, it would be admitting that homosexuality is a biological certainty and not the "choice" many of the anti-gay crowd wish to believe. If it indeed isn't a choice (as science seems to prove) laws that favor ANY gender preference are then unconstitutional.

triumph's picture

How many lawsuits have there

How many lawsuits have there been in Massachusetts against any church that refused to perform a gay marriage? None. Since marriage equality became law in Massachusetts, their divorce rate went DOWN. MA has the lowest divorce rate in the nation. Guess gay marriage is good for marriage. Makes sense...people wanting to get married.

Mrdee's picture

Makes sense you say? The

Makes sense you say? The Word of God states this.." there is a way which seems right unto man, but the road thereof leads unto death".....The end times are here. Jesus said, " when Israel is born of a nation again, that Generation will not pass away till I come" If you didn't know this , Israel was not a nation when Jesus said these words and has not been until 1948 or right around there... I hope and pray you too will seek the truth . Seek God friend...

Peace

nikita80's picture

The Bible says in the end

The Bible says in the end times good will become bad and bad will become good. Looks like the end times are here!

gdls1's picture

Mrdee, do you play with

Mrdee, do you play with snakes?

triumph's picture

Gee just because some people

Gee just because some people wanted to own slaves, is that any reason to call them bigots? Don't they have a right to their opinion? It's in the bible, so why discriminate against their religion? If I want to own a slave who are you to tell me I cannot? And why can't I go around stoning brides? Heck, the heterosexual lifestyle has very few of them virgins. Who are you to tell me I can't practice my faith?

gdls1's picture

Mike, readers might be more

Mike, readers might be more prone to consider your comments if you stopped using the derogatory "homo" in all your posts. Thanks for your consideration.

FeloPrergoHok's picture

I wonder if a correlation

I wonder if a correlation can be made between those who are for gay marriage and those who bad mouth Christians? My guess would be, "Yes!"
Study the facts about the homosexual lifestyle and then produce those facts and tell Mainers that you really want the children of Maine to be led into such a lifestyle.

Rinoblast's picture

http://kennebecjournal.mainet

http://kennebecjournal.mainetoday.com/updates/updates/maine-pediatrician...

I'd also say these people know far more about what's best for Maine kids than you do.

Rinoblast's picture

http://www.apa.org/pi/lgbc/pu

http://www.apa.org/pi/lgbc/publications/lgpsummary.html

To quote: "Some nonscientific organizations have attempted to convince courts that there is an actual scientific dispute in this area by citing research performed by Paul Cameron as supporting the existence of deficits in gay and lesbian parents or their children compared to heterosexual parents or their children. In fact, there is no scientific evidence of such deficits."

And as if allowing same-sex marriages will cause "the children of Maine to be led into such a lifestyle." Modern scientific research points to natural factors (estrogen levels in the womb, number of older siblings) as the cause of homosexuality (as opposed to societal influences).

sredmun's picture

mikec says "since marriage

mikec says "since marriage itself is based on religous ceremony, beliefs and tradition"

I think not. People are married by notary publics and justices of the peace all the time. They don't count? Marriage has ABSOLUTELY NOTHING to do with religion!! It's a legal status only.

If people want their marriage blessed by a church - we talkin' a whole different ballgame. For those of us who don't care to have our marriage "sanctioned" or "blessed" by the church - your argument makes NO SENSE!!

verified

Vote "NO" on number one.

Vote "NO" on number one. Equal rights for all.

nikita80's picture

That's right. Equality for

That's right. Equality for pedifiles so they can marry kids. And equality for animal lovers so they can marry dogs and goats, and cows, and pigs. That ad on TV says we should all be able to marry the one we love. Lets not discriminate. Lets fight for these things. It's only right that we have equal rights for all, not just for homosexuals. Isn't that what you said Henssisi, equal rights for ALL!!!!!!!!!!

Rinoblast's picture

Typical right-wing

Typical right-wing ridiculous attack. You're absolutely right, the ability of two consenting adults to have their legal union recognized by our government will totally allow nonconsenting children and animals to do the same.

I can respect a different opinion, but I've yet to see a reasonable argument against Gay Marriage.

nikita80's picture

Well, Rino, I never thought

Well, Rino, I never thought I'd see the day when our government would give a woman the right to allow a baby in her womb to be killed because she considered the baby to be inconvenient. But it's a 'women's rights" thing. So, is it so far fetched to think our government would consider the rights of children or animals if these other issues came to the front? Abortion is a moral issue. So is gay marriage. So are these other two things. Do you think the gay agender will stop with the marriage? Do you think immorality will not progress beyond this this subject?

Rinoblast's picture

You just ignored the idea of

You just ignored the idea of consent, necessary in any legal contract since the beginning of time, and throw up an abortion smokescreen. And for the record, none are "moral" issues as our government is not the "morality police." Roe v. Wade was about the right to privacy. Gay Marriage is about Equal Protection under the law. The other two "issues" you fear (Human/Child Marriage and Human/Animal Marriage) remain about protecting those who can not protect themselves (again, consent is the issue), something that will not change.

nikita80's picture

So the itty bitty baby

So the itty bitty baby consents to being aborted? No, MaMa wants the whole thing hushed up? Is that the privacy part? And these are only moral issues to the moral majority, I suppose. Our country is going to hell in a handbasket. But it only matters to those who believe in hell. Rino, I agree that we disagree.

sheesh's picture

What right do you feel you

What right do you feel you have to be telling us all how to vote? This is a free country and we can vote how we want and no one has the right to tell us how to do it.

Thank You

candiceanne's picture

Last I knew Maine is no

Last I knew Maine is no longer part of Massachussettes and we do have a law school in Maine so why the need to get a spokes person from out of state, out of their field and an out of state school unlless you can not get someone with the proper credentials from within the state to say what you want said because it is not true. Just something to think about.

verified

Sounds to me like this

Sounds to me like this professor should stick to his own area of law expertise. He really needs to get a clue and get a life. He has no business sticking his nose where it doesn't belong. "GOD ALMIGHTY" is the only one that has the right to judge, not some damn law professor. God says "judge not lest ye be judged".

Brian_L's picture

This professor isn't judging

This professor isn't judging he is just saying there will be legal issues if gay marriage is allowed and he is probably right.

tron's picture

I have no problem if the

I have no problem if the professor doesn't want marriage equality. However I have a problem when he purports to have expertise on the subject and he doesn't. It is dishonest and has no place in the debate.

AllarieLarsen's picture

I wonder if a correlation

I wonder if a correlation can be made between those who are against gay marriage and those who bad mouth the Somali immigrants? My guess would be, "You betcha!"

Brian_L's picture

Can one article go by

Can one article go by without someone making a dumbass comment about Somali immigrants? I would assume Somalians are against gay marriage too.

FeloPrergoHok's picture

The Dean's email is not

The Dean's email is not available. Here are some others you may want to contact to show support for Mr. Fitzgibbon as he will be attacked unmercifully by the so-called "TOLERANT" crowd. Please silent majority speak up.

Joseph Carroll, Associate Dean for Administration
joseph.carroll.2@bc.edu

Filippa Marullo Anzalone, Associate Dean, Library and Computing Services
anzalofi@bc.edu

Marianne Lord, Associate Dean, Institutional Advancement
marianne.lord@bc.edu

Norah Wylie, Dean for Students
wylien@bc.edu

Michael Cassidy, Associate Dean for Academic Affairs
cassidmf@bc.edu

Tracey West, Assistant Dean, Student Services
westtr@bc.edu

Lil's picture
verified

It's written right into the

It's written right into the law that churches won't be forced to perform same sex weddings. So, explain to me how someone can be "dragged into court for refusing to submit to marrying homo's." Here's a real brain teaser for you - where do marriage licenses come from?
______________________

"A conservative is a man with two perfectly good legs who, however, has never learned to walk forward."
Franklin D. Roosevelt

melora's picture

You can contact the Dean's

You can contact the Dean's office via one of these email's. send an email to support Mr. Fitzgibbon. The pro-gay marriage groups are very loud and powerful and immediately attack those who go against them. Let them know the majority are against gay marriage. In fact, it is outsiders from Maine that are bringing this fight to our state.

http://www.bc.edu/schools/law/about/contact.html#deansoffice

melora's picture

Good for Mr. Fitzgibbon. Of

Good for Mr. Fitzgibbon. Of course, the ad wasn't discriminatory but immediately the pro-gay forces attack him and send angry mail to the school. Shame on those people! Those who oppose homosexual behavior and especially gay marriage have the freedom to oppose it and fight against it. Just because society thinks gay marriage should be a right (remember, society once thought slavery was a right too), doesn't make it moral.

I hope all those who support Mr. Fitzgibbon's freedom of speech and position on this matter will write to the college to express their support for him. The homosexual movement speaks of intolerance but they act on INTOLERANCE to those who do not agree with their lifestyle.

FeloPrergoHok's picture

Good for the Professor

Good for the Professor Fitzgibbons. It takes courage to make a stand like he did although a majority of USA citizens agree with him. It is the "intellectual elite" who are in the minority. They are all for dissent and tolerance until someone dares to disagree with them!

Chippy's picture

People should be able to

People should be able to comment and believe what they want to believe. This is why America is so great. If the professor believes what he says and students are mad, too bad. It's his opinion and he has the right to state it. Same with any other American.

Brian_L's picture

This is a pretty lame

This is a pretty lame article, it state how many people are upset with Professor Fitzgibbons stand on this issue but do not get anyone to dispute his claims. Instead they get the bias option of a first year law student.

tron's picture

My biggest gripe about all

My biggest gripe about all this is that Professor Fitzgibbons is not an expert in matrimonial law. His area of expertise is commodity and contract law. Yet he spouts all kinds of legalese that he isn't qualified to utter. I sense that the pro discrimination side is going to resort to more of this type of shenanigans because a rational discussion isn't possible, since their position is purely religious and emotional.

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