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This article makes some interesting points to the so-called Republican-led Religious Discrimination Freedom legislative efforts.
The Backlash to the Anti-Gay Backlash Religious Freedom Bills Fail As More People See What They re Really About - The Daily Beast
And you think that can't happen? This is from the article from Georgia's bill:
And, allowing discrimmination based on religious views would open the door towards discrimination against other religious faiths - there is no difference betweeen using a religious basis for discrimmination against gays, race or other religions - if it falls under that' person's "religious beliefs".
Yet one more massive legislative effort by the Republicans that may ultimately prove to be an unconstitutional embarressment. I hope so. Discrimmination is an ugly thing.
The Backlash to the Anti-Gay Backlash Religious Freedom Bills Fail As More People See What They re Really About - The Daily Beast
An Oklahoma state representative proposes that discriminators out themselves. Result? The whole bill was shelved. The anti-gay backlash backlash is here.
In the wake of advances for LGBT equality, conservatives across the country have rallied to pass “religious freedom” bills that would allow people and businesses to discriminate if they have a religious justification for doing so.
The poster children of this campaign are religious wedding photographers and cake bakers. But the real impact is far more serious: huge corporations like Hobby Lobby denying benefits, services, and recognition to same-sex families; Catholic hospitals disallowing longtime, same-sex spouses to visit one another; huge university systems firing janitors, basketball coaches, and secretaries because they are gay.
And then there are the unintended consequences: wife- and child-abusers offering religion as a defense; Jews being turned away from hotels; and more absurd consequences like Satanists advertising their religion in state capitol buildings...
And you think that can't happen? This is from the article from Georgia's bill:
Some legal commentators have said that the law would give a pass to spousal and child abusers, as long as the husband (or father) has a religious pretext. Which is easy to provide; the Christian Domestic Discipline Network, for example, offers a host of rationales for “wife spanking.” And let’s not forget Proverbs 13:24: “He who spares his rod hates his son. But he who loves him disciplines him diligently.”
Georgia has numerous laws protecting child welfare, which is arguably a compelling state interest. But are such laws really the “least restrictive means” of protecting it? Not necessarily. At the very least, the laws offer a novel defense against assault and battery.
Or maybe not so novel. Graham says, “We have found cases where people used their religious views as an excuse to impede an investigation into child-endangerment and child-abuse charges. They were not ultimately successful, but they did slow down the investigations.”
Georgia has numerous laws protecting child welfare, which is arguably a compelling state interest. But are such laws really the “least restrictive means” of protecting it? Not necessarily. At the very least, the laws offer a novel defense against assault and battery.
Or maybe not so novel. Graham says, “We have found cases where people used their religious views as an excuse to impede an investigation into child-endangerment and child-abuse charges. They were not ultimately successful, but they did slow down the investigations.”
And, allowing discrimmination based on religious views would open the door towards discrimination against other religious faiths - there is no difference betweeen using a religious basis for discrimmination against gays, race or other religions - if it falls under that' person's "religious beliefs".
At first, these advances flew below the radar. When I first covered this issue two years ago, it was still somewhat arcane, lost in a haze of legalese. “Religious liberty” is a good thing, right? No one knew how to pronounce “RFRA.” (Riff-ra, if you please.)
But then came the Hobby Lobbydecision, and the Arizona “Turn the Gays Away” fiasco, and increasing attention to “Religious Freedom Restoration Acts” (RFRAs) in Mississippi (passed), Georgia (going down to the wire), and Indiana (same).
Now, signs of a backlash against the backlash are cropping up.
The heavily funded, far-right-written-and-coordinated cascade of RFRAs—what I believe I christened RFRA Madness—has run into serious opposition.
In West Virginia, a bill identical to one that passed in Arkansas, which would forbid any municipality from passing anti-discrimination laws, died in committee.
In Michigan, a “Religious Freedom Restoration Act” failed late last year, though it may have another shot this year.
Perhaps most intriguing is Oklahoma, where yet another “Religious Freedom Act” died in the state House. It’s not known exactly why Republicans shelved the bill, but it may be due to one of the most ingenious counter-efforts in the country, led by Democrat Emily Virgin.
State Representative Virgin’s idea? Require any business that won’t provide services to LGBT people to state so publicly. In the language of the amendment, “Any person not wanting to participate in any of the activities set forth in subsection A of this section based on sexual orientation, gender identity or race of either party to the marriage shall post notice of such refusal in a manner clearly visible to the public in all places of business, including websites.”
Said Virgin on Facebook, “This would save same-sex couples the trouble and embarrassment of going into that business just to be turned away.”
This, if I may say so, is brilliant. (The idea came in consultations between Virgin, the ACLU of Oklahoma, and the state advocacy group Freedom Oklahoma.) On the surface, yes, Virgin’s rationale makes sense. But we all know what would really happen if Chick-Fil-A or Hobby Lobby posted such a sign: outrage. Virgin’s amendment would act as a kind of public shaming for businesses who want to turn gays, blacks, Jews, or anyone else away.
Yet one more massive legislative effort by the Republicans that may ultimately prove to be an unconstitutional embarressment. I hope so. Discrimmination is an ugly thing.