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Albert A. Buonanno of Denver had worked at AT&T Broadband for two years. But in a 2001 reorganization, the company directed employees to sign a "certificate of understanding." The document said employees must "fully recognize, respect, and value the differences among all of us," including "sexual orientation."

Buonanno, who attends a Baptist General Conference church, told his supervisor in a letter that he wouldn't discriminate against or harass homosexuals. But he also said he couldn't sign the statement because it contradicted the Bible. Buonanno's supervisor fired him the next day.

The Rutherford Institute, a religious liberties organization based in Charlottesville, Virginia, is representing Buonanno, 47, and a handful of others. They all lost their jobs for refusing to condone employment policies they found biblically immoral.

The culture war over homosexuality in America has moved to a new front—the workplace. Christian observers say millions of employees are being commanded not just to tolerate homosexual behavior but also to respect and even promote it.

"There are certain things you can't say, or joke about, in the name of tolerance," Rutherford Institute founder John W. Whitehead told Christianity Today. "It's not so much the gay groups as much as the big corporations wanting to make sure they are above criticism."

According to the Human Rights Campaign, the largest pro-homosexual political organization in the country, at least 300 of the companies in the Fortune 500 have included sexual orientation in their nondiscrimination policies. Heterosexual employees who balk at such rules are punished, sometimes severely.

In October, the Rutherford Institute filed a federal suit against the Department of the Interior on behalf of Kenneth P. Gee Sr., a Bureau of Reclamation job training teacher in Nampa, Idaho. In 2000, Gee, a member of the Church of Jesus Christ of Latter-day Saints, received a directive from his employer to "observe gay and lesbian pride." The e-mail contained a link to a website that said, "Morality is simply the attitude we adopt toward people we personally dislike."

In an e-mail to his supervisor, Gee responded that he believed homosexuality is sinful, and he didn't want to celebrate it. Three supervisors subsequently informed Gee that his inappropriate e-mail violated federal policies and embarrassed the Bureau of Reclamation. Gee said he later received a counseling memo about inappropriate use of a government computer. The memo warned him not to express disagreements in the workplace.

The Department of Interior is one of 38 federal departments and agencies to have adopted a sexual non-discrimination policy, according to the HRC.

Gee's suit seeks relief at the federal court in Idaho, and is based on the First Amendment, Fifth Amendment, and the Religious Freedom Restoration Act (RFRA). According to Rutherford attorneys, RFRA applies to all levels of government, local, state, and federal. The Supreme Court in Boerne v. Flores in 1997 struck RFRA down at the federal level, arguing that RFRA was an unconstitutional expansion of power under the 14th Amendment, which only applies to the states.

Most federal courts since then have held that RFRA still applies to federal agencies, and hence requires those agencies whose actions substantially burden religious exercise to justify such restrictions by demonstrating that a compelling interest exists and that no less restrictive means are available to further that interest.

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January 2004, Vol. 48, No. 1