Pope Francis’ coy two-step on sexual mores hangs over Catholic culture like the sword of Damocles. Papal ambiguity weakens the Catholic Radio Association’s current effort to resist newly mandated reporting rules about workforce diversity. Driving the rules is an ideological ambition to demolish the scaffolding of traditional behavioral norms regarding sex.
Specifically at issue is the “nonbinary” classification.
In February, the Federal Communications Commission (FCC) reinstated a dormant requirement that radio stations must file Form 395-B. The document requires radio stations and their affiliates to list the race and “gender” of their employees. It has gone unused since 2004, following a 2001 ruling by the U.S. Court of Appeals for the District of Columbia Circuit.
But 20 years later, the word “gender” is no longer a surrogate for sex, meaning the biological distinction between male and female. Today “gender” signifies a range of chosen behaviors that are treated as if they were ethnic or racial realities. Consequently, the FCC’s renewed mandate requires a head count of so-called “nonbinary” personnel from radio stations transmitting on AM or FM frequencies, satellite radio, cable networks, and broadcast TV stations.
The Catholic Radio Association, joined by other broadcasters, has filed a petition against the FCC, arguing that the mandate is a form of compelled speech. It coerces broadcasters to accept the validity of categories — e.g., the inventory of so-called “genders” — that do not comport with bodily reality. Consequently, the FCC’s order to affirm “nonbinary” status violates their Catholic faith.
But does it?
