“Old Songs With New Refrains”: ‘Religious Freedom’ Laws Are About Freedom To Discriminate
Across the land, heroic male legislators are rising up to protect the lives and virtue of women and girls from sexual predators.
They are not, as one might hope, enacting laws that would prevent men convicted of domestic violence from owning firearms, even though that would surely save precious female lives.
Nor are they working with colleges and universities to ensure fair investigations of campus sexual assault, even though this would greatly help many a female coed.
And, alas, they aren’t doing anything to help or prod police agencies to process the backlogs of rape kits, even though this would surely put many more violent sex offenders behind bars.
No, the state legislators — instigated mostly by Republican members — are obsessed with women and girls’ use of the bathroom. They’re freaked out that someone who was born male but who now identifies as female could wind up in the neighboring stall.
North Carolina is the latest state to mount this little charade of chivalry. In a special session Wednesday, with mere minutes for members to read and digest the bill’s language, the legislature decreed that municipalities could not pass antidiscrimination laws protecting people on the basis of sexual orientation or gender identity. In other words: People in the state must use the bathroom designated by the gender on their birth certificate.
The move is part of a broad backlash against the American public’s growing acceptance that sexual orientation and gender identity are privacy issues that deserve respect and civil rights protection. It flared up in response to the U.S. Supreme Court’s 2015 ruling clearing legal obstacles to gay marriage.
When it comes to bathrooms, legislators express concern about sexual predators using more open bathroom access to attack vulnerable women and girls. Yet there is no trend of such attacks. A more honest conversation with transgender people would make that point. But honest dialogue isn’t how this is playing out — although it did play a decisive role in convincing South Dakota Gov. Dennis Daugaard to veto his state legislature’s bathroom bill.
What proponents can’t get over is that national attitudes have shifted rapidly in regard to lesbians, gays, bisexual and transgender people. People have by and large given LGBT people a fair hearing and have decided they deserve fair treatment. Much of what remains of the opposition is draped with the cloak of religion. Hence the plethora of so-called religious freedom laws and amendments, whose real aims are such things as keeping homosexuals from becoming foster parents or barring transgender people from using the restroom they choose — in other words, keeping them from being accepted in society. Georgia, Kansas, Missouri, Arkansas are a few of the states where such bills have been passed, executive orders have been issued, or where such measures are under consideration.
Corporate and sporting entities see the danger. The NFL has warned Georgia that it could lose the opportunity to host the Super Bowl. The NCAA has made its intolerance for legalized discrimination known to Missouri and Indiana. And companies as diverse as Wal-Mart, Monsanto, Disney and MasterCard have also asserted their distaste for doing future business where these proposals may pass into law.
The companies get it. They know that “open to the public” means all of the public. No one is saying that anyone’s church must marry gay people.
Here is what proponents of the bills do not tell you: Sexual orientation and gender identity are not universally protected in America. In many cities and states, you can be fired, denied a house or an apartment simply because the boss or seller or landlord believes that you are gay.
The lack of legal protection for the LGBT people is what these disingenuous legislators are using as a basis for further deceiving constituents. They want the right to discriminate, enshrined and in many cases codified as a religious right, even when they are operating in a public square.
That’s what is most offensive — invoking God as a pretext.
Those who stood for slavery and against civil rights tried that ploy. Proponents of the anti-LGBT measures don’t like the comparison, but the shoe fits.
Ratcheting up fears in response to social change and then claiming that it’s your religious right to discriminate is an old trick. Alongside housing covenants, bank red-lining, scare tactics about crime, including sexual assault by black men, these arguments were shamefully hypocritical. These are old songs, with new refrains.
By: Mary Sanchez, Opinion-Page Columnist for The Kansas City Star; The National Memo, March 25, 2016
“It’s Not Your Imagination”: North Carolina Cracks Down On Local Anti-Discrimination Policies
North Carolina’s state legislature wasn’t supposed to be in session this week, but the Republican-led chambers rushed back to work for a special, taxpayer-financed session, focused solely on one key issue.
The issue, oddly enough, related to the use of public bathrooms.
North Carolina legislators decided to rein in local governments by approving a bill Wednesday that prevents cities and counties from passing their own anti-discrimination rules. Gov. Pat McCrory later signed the legislation, which dealt a blow to the LGBT movement after success with protections in cities across the country.
The Republican-controlled General Assembly took action after Charlotte city leaders last month approved a broad anti-discrimination measure. Critics focused on language in the ordinance that allowed transgender people to use the restroom aligned with their gender identity.
If steps like these seem to be happening with increasing frequency, it’s not your imagination. A variety of cities have approved higher minimum wages, only to have states pass laws to block municipalities from acting on their own. Some cities have tried to pass paid sick-leave for workers in their area, only to have states change the law to prohibit such steps.
And a month ago, the city of Charlotte banned discrimination against LGBT citizens, only to learn a month later that the state had not only scrapped the local measure, but also changed state law to prevent any city from expanding protections against discrimination.
As we discussed earlier this week, contemporary conservatism is generally committed to the idea that the government that’s closest to the people – literally, geographically – is best able to respond to the public’s needs. As much as possible, officials should try to shift power and resources away to local authorities.
Except, that is, when communities consider progressive measures Republicans don’t like, at which point those principles are quickly thrown out the window.
So, let this be a lesson to everyone: when officials in Washington tell states what to do, it’s an outrageous abuse and clear evidence of government overreach. When states tell cities what to do, it’s protecting conservative principles.
And in this case, the new North Carolina policy is a mess. The Associated Press’ report added:
Gay rights leaders and transgender people said the legislation demonizes the community and espouses bogus claims about increasing the risk of sexual assaults. They say the law will deny lesbian, gay, bisexual and transgender people essential protections needed to ensure they can get a hotel room, hail a taxi or dine at a restaurant without fear.
“McCrory’s reckless decision to sign this appalling legislation into law is a direct attack on the rights, well-being and dignity of hundreds of thousands of LGBT North Carolinians and visitors to the state,” Human Rights Campaign President Chad Griffin said in a statement.
Vox’s report called the new North Carolina measure, signed into law last night, a legislative package that combines “some of the most anti-LGBTQ measures proposed in the US, codifying the legality of discrimination based on sexual orientation and gender identity into law.”
By: Steve Benen, The Maddow Blog, March 24, 2016
“Alabama Chief Justice Screwed 66 Judges”: Side With Roy Moore Or Side With The Law
Defying history, the law, and common sense, Alabama Chief Justice Roy Moore has issued an order prohibiting Alabama probate judges from issuing marriage licenses to same-sex couples.
Those judges now face a choice between disobeying the law of the land and disobeying their boss. Moore issued his law not as chief justice, but in his administrative role as head of the Alabama court system.
This is not Justice Moore’s first Hail Mary in the lost cause against gay marriage—and he’s not alone. All over the country, activists and law professors are wasting paper on fatuous proclamations that Obergefell v. Hodges is not really the law of the land, or is illegitimate because it’s so horrible, or is somehow, some way not as binding as the Supreme Court said it was (PDF).
Roy Moore is just the only one who’s a state supreme court justice.
As with Moore’s past efforts to delay the inevitable, today’s order was a mélange of the sensible and the risible.
On the sensible side, Justice Moore does have some law on his side—in fact, three extremely narrow, technical threads on which he hangs his order.
First, technically speaking, Obergefell only bound the five states that were a party to it. Since Alabama was not one of those states, technically its law is caught in limbo. Second, the Alabama Supreme Court upheld its same-sex marriage ban on March 3, 2015.
And third, injunctions stemming from two federal cases challenging the ban are, as gellMoore opined last February (PDF), only binding on the executive branch, not the judicial branch—which includes probate judges. This appears to have been an oversight, the result of a pleading error by one of the parties. But rather than extend them in a common-sense way, Moore chose to restrict them in a nonsensical one.
So, as three hyper-technical matters of law, Obergefell doesn’t govern, the Alabama case stands, and the federal injunction doesn’t apply.
But that’s where it all becomes laughable—if not outright dishonest.
It is completely obvious that the Obergefell decision does, indeed, govern all 50 states. The logic it applied to Michigan is equally applicable to Alabama. That’s why LGBT activists broke out the champagne last June. It’s also why judges and clerks around the country, with only a handful of exceptions like Kim Davis, have applied the law and granted same-sex marriage licenses for months now.
Even the cases upon which Moore relies, in fact contradict him. For example, Moore cites an Eighth Circuit case decided on Aug. 11 that said “The [Obergefell] Court invalidated laws in Michigan, Kentucky, Ohio, and Tennessee—not Nebraska.” But that case affirmed, not rejected, the right to same-sex marriage in Nebraska, and forbade Nebraska from blocking it while the court case wound down to its inevitable conclusion.
This happens all the time. When the Supreme Court rules on an issue, it does not automatically end all the cases that deal with it. But it does make their outcomes obvious. So, while the legal matters are formally resolved, lower courts issue or stay injunctions in light of the Supreme Court ruling.
For example, when the Supreme Court outlawed miscegenation bans in 1967, those bans technically remained on the books in 16 states, and many were not repealed until quite recently. But courts immediately issued injunctions forbidding the enforcement of those laws.
To take another example, many of the sodomy laws at issue in Lawrence v. Texas are technically still on the books. But courts everywhere have prohibited their enforcement.
Obergefell, obviously—laughably obviously—is similar. As the Supreme Court wrote, “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, couples of the same-sex may not be deprived of that right and that liberty. The Court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them… The State laws challenged by Petitioners in these cases are now held invalid.”
Yes, as Justice Moore italicizes in his order, only “the State laws challenged… in these cases” were invalidated last June. But the rest of that paragraph obviously applies to all same-sex couples everywhere. There is no distinction between those in Alabama and those in Michigan, and so the legal outcome of the Arizona cases is a foregone conclusion. To cherry-pick one clause from the entire paragraph is, at best, facetious.
And it’s not unlike the way Moore cites that Nebraska case: snipping out two words that support his position, and ignoring all of the context.
Where the laughter stops, though, is in Alabama’s 66 probate court offices. These judges and their clerks are, with only a handful of exceptions, loyal public servants who are trying to do their jobs. Many of them personally oppose gay marriage, but recognize that they’ve sworn oaths to enforce the Constitution, not the Bible. What the hell are they supposed to do now?
Perhaps the worst part of Moore’s odious order is when he cites the “confusion” among Alabama judges, as if that confusion simply arose on its own somehow. In fact, he sowed it himself, with his court- and common-sense-defying orders last February, and he has watered those seeds with his absurd hair-splitting today.
Of course, Moore’s order will be rendered null and void, hopefully expeditiously, by a federal court in Alabama formally closing the same-sex marriages cases still pending, or extending the injunctions in them to judicial as well as executive employees. The tide of history will not be turned.
But in the meantime, not only has Moore demeaned every married couple in Alabama, straight and gay, he has also thrown his own employees under the bus. If I were a probate judge in Birmingham, I’m not sure what I would do tomorrow morning.
Roy Moore’s symbolic snatch of demagoguery may play well at the polls someday. But in the meantime, he has disrespected Alabama’s LGBT citizens, disrespected the rule of law, and disrespected all those doing their best to enforce it.
By: Jay Michaelson, The Daily Beast, January 7, 2015
“Satan’s Office Party”: It’s Black Friday And The Religious Zealots Are Running Out Of Places To Shop
On this Black Friday, apparently members of the religious right are running into a problem. After having joined the bandwagon of turning Christmas into a commercialized shopping extravaganza, Linda Harvey says that they’re running out of places to spend their money that are content to discriminate against LGBT people.
Of course she warns people to stay away from the usual suspects like Macy’s for allowing a transexual to use a woman’s dressing room and Target for selling gay pride t-shirts. But oh my, she now has to add that conservative bastion known as Wal-Mart to the list for opposing “religious freedom” bills in Arkansas and Indiana.
But my very favorite is her problem with Mattel.
If you’re thinking toys, avoid Mattel. They just created “Moschino Barbie” with an ad featuring a tragically feminized little boy who plays with Barbies, a wicked accommodation to the current gender-destructive culture.
Little boys playing with Barbies? What is the world coming to? For our “gender-destructive culture,” Harvey has a totally hyperbolized name…”Satan’s Office Party.”
Here’s a thought. What if these religious zealots actually DID run out of places to shop and had to spend some time thinking about what the whole Christmas season was originally about?
Let me tell you something about the Jesus that I know.
He was a real man. Born in a poor region to working poor parents. He loved learning, he loved his mother and his father.
But he left them and spent his life with the poor, the outcast, the rejected, the defiled, the sick, the sinners, the bedraggled, the bereft, the self-hating, the lonely, the banished, the foul, the miserable, the desperate and finally, those sick with their own power.
He did this, not because of his ideology or his creed. He did this not because of his doctrine. He did this, quite simply, because he loved them. He preferred them.
Making up a fictionalized “war on Christmas” is a way to avoid the discomfort these folks would feel if they really did attempt to put Christ back in Christmas.
By: Nancy Letourneau, The Political Animal Blog, The Washington Monthly, November 27, 2015
“Carson’s Admirable Qualities Don’t Extend To Politics”: Count Me Among Those Who Are Skeptical
To read Ben Carson’s memoir, Gifted Hands: The Ben Carson Story, is to enjoy an uplifting and inspiring tale of a man who overcame a traumatic childhood to become one of the nation’s leading neurosurgeons. That man is certainly worthy of widespread admiration.
But who is the guy taking his place on the campaign trail? Who is the man bashing Muslims, denouncing gays, and dismissing science? Who is the candidate engaging in all sorts of weird conspiracy theories? That Ben Carson deserves nothing but contempt.
Yet, the good doctor remains a leading Republican presidential candidate, either besting Donald Trump for the top spot, according to several polls, or coming in a close second. While he and Trump have managed to befuddle most professional prognosticators with their dominance of the Republican field, a new survey shows Carson has pulled off another equally surprising feat: He’s well-liked by Democrats and Republicans alike.
Indeed, according to Gallup, Carson is among the most popular of the presidential candidates of either party. Among all voters, regardless of partisan affiliation, he’s viewed favorably by 42 percent. Among Republicans, 67 percent have a favorable view, while a mere 8 percent dislike him.
That high esteem is certainly understandable for Dr. Carson, the surgeon, who embodies the quintessential American story of the self-made man. Through grit, hard work, and a deep-seated religious faith, he overcame poverty and teenage recklessness to graduate from Yale and the University of Michigan Medical School.
After a fellowship at Johns Hopkins Hospital, one of the nation’s most prestigious medical facilities, he joined the faculty there, rising to become director of pediatric neurosurgery. His memoir was turned into a TV movie starring Cuba Gooding Jr., and the millions of viewers who’ve seen it probably count among his many admirers.
Besides that, if you’ve watched any of the GOP presidential debates, Carson’s low-key demeanor compares favorably to the boisterous braggadocio of The Donald, whose every sentence struggles under the weight of first-person pronouns and whose every pronouncement is a heroic tale of his own achievements and talents. If you’re watching the neurosurgeon next to the reality TV star and real estate mogul, you certainly come away with a more favorable impression of the former.
Still, candidate Carson holds some distressing views. He has declared that he doesn’t think it would be appropriate for a Muslim to hold the presidency of the United States — a bias that directly contradicts the U.S. Constitution, which explicitly states that there shall be no religious test for political office. He opposes same-sex marriage and has dismissed homosexuality as “a choice.” (For the record, he also disputes broad areas of scientific consensus, including evolution, global warming and archeologists’ views of Egypt’s pyramids.)
The good doctor is also given to outrageous rhetoric, comparing Obamacare to slavery, for example. In a recent interview, he claimed that limiting firearms in the United States could lead to the rise of a government like that of Nazi Germany.
Given Carson’s worldview, it’s perhaps folly to try to find, among his beliefs, those that are most outside the mainstream. But a leading candidate for that dubious distinction is Carson’s fixation on a John Birch-type figure named W. Cleon Skousen, who has been described by the conservative National Review as a “nut job.” Carson frequently quotes works by the late Skousen, who wanted to repeal the minimum wage, outlaw unions, eliminate anti-discrimination laws and repeal the income tax.
Leave aside, for a moment, the fact that Carson knows next to nothing about how the government actually works. Shouldn’t a candidate for president, especially one who is so widely admired, at least be comfortable with the social and civic mores of the late 20th century — if not the 21st?
Count me among those who are skeptical that Carson’s stock will remain high throughout the primary season. By the time he’s done with his candidacy, his poll numbers won’t be the only thing in decline. It’s likely his broad appeal will have evaporated, as well.
By: Cynthia Tucker Haynes, Pulitzer Prize for Commentary in 2007; The National Memo, November 7, 2015
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