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“The Right To Discriminate”: What Do The GOP Candidates Think Of State ‘Conscience Clause’ Legislation?

There’s an interesting/horrifying piece in today’s New York Times about a trend across the country, but mostly in the South, to enact “conscience” legislation at the state level that would allow businesses to discriminate against gay people if they can justify it on the basis of their religion. One interesting facet of this issue is that the moneyed interests in the GOP, along with big corporations (not the same thing, but there’s plenty of overlap) are completely spooked by these bills. We’ll get to that in a moment, but here are some colorful details:

“The L.G.B.T. movement is the main thing, the primary thing that’s going to be challenging religious liberties and the freedom to live out religious convictions,” said State Senator Joseph Silk, an Oklahoma Republican and the sponsor of a bill in that state. “And I say that sensitively, because I have homosexual friends.”

Of course he does. He goes on:

“They don’t have a right to be served in every single store,” said Mr. Silk, the Oklahoma state senator, referring to gay people. “People need to have the ability to refuse service if its violates their religious convictions.”

I mean, come on. Gay people want to be able to go into every single store? Who do they think they are?

But this brings up a question for me. When the religious conservatives pushing these bills argue for why they’re needed, they always mention a retailer whose work gets right down into all that gayness. Like the baker who might have to make a cake for a gay couple and live through the horror of placing two female figurines on top of the cake, or the photographer who might have to take their picture, trying to see his camera’s viewfinder through the veil of tears he weeps at the destruction of the American family represented by two people making a commitment to spend their lives together.

But no legislator is going to specify an exhaustive list of who would and wouldn’t be able to refuse service, because doing so would be a very difficult thing to write into a bill’s text. Instead, the right to discriminate is inevitably written broadly. For example, one bill in Oklahoma says: “No business entity shall be required to provide any services, accommodations, advantages, facilities, goods or privileges related to any lesbian, gay, bisexual or transgender person, group or association.” Which would mean, for instance, that it would be legal for any store or restaurant to put up a sign saying, “We don’t serve gays.” Other bills (here, for example) are written even more broadly, just saying that the state can’t stop you from acting on your sincerely held religious beliefs, which would include discriminating against gay people if that’s your thing.

As the Times story details, some of these bills have died in the face of opposition from business interests; for instance, when Walmart came out against the one in Arkansas, it was pretty much doomed. The company may be conservative in many ways, but it doesn’t want its state to be known as a bastion of hatred and discrimination.

So I’d be interested to hear specifically from some influential Republicans—like, say, the ones running for president—on what they think of these laws. I looked around a bit and didn’t find any of them commenting on it, which isn’t too surprising given that it’s been playing out at the state level. But maybe someone should start asking. Do they think a baker ought to be able to discriminate? And if they say that there ought to be a way for the baker to exercise his “conscience,” then the next question is, what about a restaurant? What about a hardware store?

 

By: Paul Waldman, Senior Writer, The American Prospect, March 6, 2015

March 7, 2015 - Posted by | Conscience Legislation, Discrimination, GOP Presidential Candidates | , , , , , ,

1 Comment »

  1. Rand Paul already said that he didn’t think there should be a law banning business owners from not serving African Americans.

    Like

    Comment by List of X | March 7, 2015 | Reply


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