Category Archives: Gay Rights

Words Fail–Edition Number Zillion…

Every day, it seems, Americans are waking up to new expressions of punitive hatefulness erupting in state legislative chambers, mostly but certainly not exclusively in the South.

From The New Civil Rights Movement, we learn that

Led by Republican Speaker Tim Moore (photo), Republican House lawmakers in North Carolina have just passed a sweepingly broad anti-gay bill in a special session called just for this one bill. The bill will void all local nondiscrimination ordinances. It will also mandate that all public accommodations ordinances, all minimum wage ordinances, and all employment discrimination ordinances come only from the General Assembly – state lawmakers – effectively banning any localities from protecting citizens in any of these areas.

The bill, HB 2, passed by a huge margin, 83-24, after less than three hours of debate and just 30 minutes of public comment.

HB 2 now heads to the Senate, who will take it up immediately.

It is expected to pass and Governor Pat McCrory, who called for the bill, is fully expected to sign it.

So–as long as we are striking back at LGBT citizens who have had the nerve to demand equal treatment before the law and the right to use a gender-identity-appropriate bathroom–let’s also pile on and punish the working poor, minorities, women….It is really hard to fathom what could impel an elected official to vote for a measure this hateful.

It’s worth noting that this North Carolina eruption is yet another illustration of the growing divide between urban and rural Americans; this special legislative session is a response to the passage of a nondiscrimination measure in Charlotte. In North Carolina–like other states, including Indiana–rural areas wield disproportionate influence in the statehouse.

It may also be that these lawmakers feel free to act on their bigotries because they are confident they will not have to defend their votes in a democratic election. After all, it can’t be coincidental that North Carolina is the most gerrymandered state in the country, and is currently embroiled in litigation over that fact, and over the state’s other assaults on voting rights.

I refuse to believe that this measure is an accurate reflection of North Carolina voter sentiment. This despicable behavior is what you get when the legislators choose their voters, rather than the other way around.

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Georgia On My Mind

Can we talk about Americans’ widespread confusion over religious liberty?

Georgia lawmakers recently approved a bill that says church officials can refuse to perform gay marriages. (Evidently, supporters of the so-called “Pastor Protection Act” do know that religious leaders already have that protection under the First Amendment, but they argue that passage of the measure will “reassure them.”)

The “Pastor Protection Act” was one of at least eight other bills pending in the Georgia legislature sponsored by opponents of same-sex marriages. They included Georgia’s very own RFRA, which is headed for passage over the vocal objections of state business leaders. Georgia’s RFRA already prompted 373k, a Decatur-based telecom startup, to announce it would relocate to Nevada; yesterday, it generated an editorial about state-level RFRAs in the New York Times:

These brazen measures, going beyond the Indiana law, would create blanket protection for discrimination. That these states would consider such legislation is all the more remarkable given the damage Indiana’s image and economy suffered in the national backlash to its law.

One of the most alarming bills comes out of Georgia, where state lawmakers have cobbled together a dangerous piece of legislation that would prohibit the government from punishing anyone or anything — individuals; businesses; and nonprofit groups, including those that receive taxpayer funds — for discrimination, so long as they claim it was based on their religious views of marriage.

 We’ve seen this movie before.

Decades of foot-dragging in the wake of Brown v. Board of Education was nothing short of scandalous; resistance to the 1964 Civil Rights Act continues to this day, and now, in the.wake of the Supreme Court’s ruling in Obergefell v. Hodges, states like Georgia, West Virginia and Indiana—among others—are engaging in the same sorts of behaviors that followed those previous extensions of equal rights.

In fact, what we are seeing from “religious” folks today is strikingly similar to “religious” arguments against civil rights protections for African-Americans in 1964. Then, the argument was “my religion teaches that the races are to be kept separate, so requiring my bakery or shoe store to serve black customers would deny me religious freedom.”

So what is the First Amendment right to religious freedom? How extensive is it? What does it protect?

As I tell my students, religious freedom means you have the absolute right to believe anything you want. Jesus, Zeus, the Flying Spaghetti Monster or nothing at all—it’s entirely up to you. And your church or synagogue or coven can preach about those beliefs, reject participation in events offensive to those beliefs, and even hire and fire certain employees based upon religious doctrine.

When it comes to acting on the basis of your beliefs, however, the law erects some limits. You can sincerely, deeply believe that you should sacrifice your first-born, or that prayer, not medical intervention, will cure your child’s serious disease, but you are not allowed to act on those beliefs. (You can refuse medical care for yourself, but not for your minor child.) You can believe that your God wants you to rob that bank, or use drugs, or copulate in the middle of the street, but no matter how sincere your belief, government isn’t going to go along.

Except in very rare cases, religious belief does not exempt individuals from what the courts call “laws of general application.”

Here’s the deal: when you open a business, government provides the streets and sidewalks your customers use to access that business. Police and fire departments protect it from harm. When your toilets flush, government sewers remove the excrement.  In many areas, government picks up your trash and provides public transportation for your customers and employees. In return for these and other services, government expects you to do two things: pay your taxes and obey the laws.

Including civil rights laws. Even if you live in Georgia, or Indiana.

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Civil Rights and the Religious Right

Yesterday at the Indiana statehouse, hearings were held on three bills taking different approaches to GLBT civil rights. None of those bills as originally written actually extended civil rights protections to the gay community—at their best (which wasn’t particularly good), they were efforts to look like the state is protecting the rights of LGBT Hoosiers without actually doing so— efforts to avoid the wrath of both a business community that supports real civil rights protections, and the Christian Right, which most definitely does not.

Of course, some of our legislators aren’t even pretending.

When I went to bed last night (we’re old and I go to bed early), the worst of the measures, a bill that had been dubbed “super RFRA,” was dead (at least for the moment), and a hearing on the others was still going on. This morning, I learned that SB344–which will now move to the Senate floor, would repeal RFRA and replace it with”protections” neutered by religious exemptions.

Genuine extension of civil rights to the LGBT community would be simple: four words and a comma added to the Indiana law that currently protects people from being discriminated against on the basis of race, religion, gender, and national origin. (Interestingly, there aren’t religious exemptions to those categories: if your religion preaches separation of the races or subordination of women, tough. You still can’t fire black people or refuse to serve women.)The convoluted measure that emerged is pretty strong evidence that Indiana legislators really don’t want gays and lesbians (and definitely not transgender Hoosiers) to be treated as citizens entitled to equal treatment.

These legislators are in thrall to the diminishing number of fundamentalist religious activists who want to be able to pick on gay people without worrying about some law requiring owners of public accommodations to actually accommodate all members of the public.

Ironically, all these howls of religious righteousness, all this deference to the delicate religious sensibilities of Christian literalists, is taking place at the same time that leaders of those groups are displaying the highly selective nature of their religiosity. Yesterday, Jerry Falwell, Jr.—one of those who finds homosexuality to be an “abomination”— endorsed Donald Trump for President.

So let me get this straight (pun intended). Gay people—even the most exemplary gay people in long-term, loving relationships—are sinners not to be accorded civic equality or human dignity. But a three-time married megalomaniac who has repeatedly used bankruptcy laws to screw over his creditors, who has flaunted his sex life in the tabloids, who has separated poor people from their money in his casinos, lies constantly and has repeatedly exhibited the crudest racism, sexism and xenophobia—that man is entitled to your “Christian” approval and endorsement.

If there was ever any doubt, Falwell’s endorsement makes one thing clear: This pious insistence that religious objectors should be accorded “special rights” to discriminate isn’t theology. It isn’t based upon their (selective and convenient) reading of their bibles.

It’s bigotry. And our lawmakers should not accommodate it.

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The More Things Change

The battle at the Indiana Statehouse over adding “four words and a comma” to the state civil rights law has brought back some interesting memories.

I first began writing a column for the Word, a newspaper serving Indiana’s gay community, some 25 years ago. I stopped when the Word changed ownership, but the new editor (an old friend) asked me to come back, and I agreed.

Then I did something else.

I went into my files and reviewed some of my earliest Word columns. That review left me with two contradictory impressions: how dramatically things have changed—and how little.

Here, for example, are excerpts from a column from the year 2000. Just 16 years ago.

My youngest son recently attended the wedding of two co-workers. It was a lovely affair—formal, at an expensive Chicago hotel, conducted with meticulous attention to detail.

The program book included a message from the bride and groom, reciting how enthusiastic they were to enter into wedded life together, how sure they were that matrimony was the right choice for them. In fact, they said, there was only one hesitation, one fact that gave rise to a certain reluctance to marry: the fact that others were legally prevented from doing likewise. It seemed unfair that the status of matrimony was available to them, a man and a woman, and not available to others merely because they were of the same gender. The message concluded with a request that those present, who had shared the happy day with this particular couple, work toward a time “when everyone can enter into the institution of marriage and have their union recognized by society and the state.”

I couldn’t help thinking about the implications of this simple, powerful statement….

What would happen to the pervasive bigotry against gays and lesbians if hundreds, then thousands, of heterosexuals added similar paragraphs to their wedding programs? What if every church and synagogue that believes in human dignity added such language to their bulletins? What if businesses catering to families advertised for business by interpreting “family” in an inclusive and affirming way?

That would change the world.

What a contrast I see between my son’s friends and the group of shrill and homophobic clerics who called a press conference in Washington last week to announce that God hates homosexuality…

I am confident that, if there is indeed a judgment day, a good and just God will offer a special place in heaven to the young couple whose love extended beyond each other to embrace the human community and all its members.

The real question is, how would that good and just God respond to those who used the name of the Lord to justify their hatreds and excuse their bigotries?

As we now know, what did “change the world” was the courage of thousands of LGBT people who refused to live dishonestly and who “came out”–often with the support of their families and allies, but sometimes in the face of enormous hostility.

Last year, marriage equality became the law of the land, and survey research tells us that solid majorities of Americans now endorse marriage equality and support the extension of full civil rights protections to the gay community.

What didn’t change, of course, is the fury of the religious extremists—including Indiana’s Governor—who continue to use their religions and their crabbed versions of Deity to justify homophobia and discrimination. They are out in force to keep the Indiana General Assembly from adding sexual orientation and gender identity to Indiana’s civil rights law. Their persistence is why the rest of us can’t rest.

Not yet.

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Why the Legislature Should Rip Off the Bandaid

When I was a child and scraped a knee or otherwise required a band-aid, I would dread removing it. Eventually, I learned that it hurt more to try peeling it off bit by bit than it did if I just gave it a good yank.

Fast forward to the Indiana General Assembly, and the back-and-forth about “four words and a comma.”

Leave aside all the rhetoric. Ignore who’s “right” and who’s “wrong,” and just look at the political realities.

If the legislature fails to extend full civil rights protections to LGBT Hoosiers, three things are guaranteed to happen: there will be a replay of the economic boycotts that threatened to knee-cap the state during the RFRA disaster; the business community will take out its anger on Republican officeholders (beginning with the Governor, but definitely not limited to His Holiness); and–worst of all, from the perspective of lawmakers trying desperately not to take a position on the issue— the battle will return in the next session. And the one after that, if necessary.

This is an issue that is crowding out other important matters that lawmakers need to address: infrastructure financing, education, economic development. It will continue to “suck the air” out of the legislative process until it is resolved. (And weenie bills with lots of caveats won’t cut it.)

Proponents of “four words and a comma” will come back again and again until those words and that comma are inserted into Indiana’s civil rights law. Furthermore, the ultimate success of their efforts really isn’t in doubt—as Bob Dylan said, you don’t need a weatherman to know which way the wind is blowing. Prolonging the agony is like peeling back that band-aid a painful bit at a time.

Senator Long seems to understand that. Others, not so much.

Hint to Indiana lawmakers: It will hurt a lot less if you just rip that band-aid off and do the inevitable sooner rather than later.

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