It’s deja vu all over again.
Mike Delph–whose hysterical (in both senses of the word) tweets in the wake of the failure of HR3 left no room for doubt about his feverish homophobia–has introduced a bill to protect “religious” folks from having to recognize the civil rights of LGBT citizens. [Update: Evidently that other “religious warrior,” Scott Schneider, authored this particular bill. Given Delph’s legislative history, you can understand how I made the mistake…]
(I’m sure Schneider is equally anxious to protect good Christians from being forced to do business with unwed fornicators, bearers of false witness, adulterers and other sinful folks. That bill will undoubtedly be introduced any day now. Not.)
My friend Bill Groth, a highly respected lawyer who frequently litigates constitutional issues, reminded me via a Facebook post that we’ve seen this movie before. In Newman v. Piggie Park Enterprises, Inc. the Court wrote:
” The free exercise of one’s beliefs…is subject to regulation when religious acts require accommodation to society. Undoubtedly Bessinger has a constitutional right to espouse the religious beliefs of his own choosing, however, he does not have the absolute right to exercise and practice such beliefs in utter disregard of the clear constitutional rights of other citizens. This court refuses to lend credence or support to his position that he has a constitutional right to refuse to serve members of the Negro race in his business establishments upon the ground that to do so would violate his sacred religious beliefs.”
Newman was decided in 1968.
The identity of the people who we are being asked to classify as second-class citizens may have changed, but the desire to justify bigotry in the name of religion sure hasn’t.
Fortunately, on this issue, that pesky Constitution this proposal ignores hasn’t changed either.