Category Archives: Gay Rights

If Only Idiocy Was Confined to Texas

One of my favorite blogs, as I’ve noted here before, is “Juanita Jean’s, the World’s Most Dangerous Beauty Salon, Inc.” In a recent post, Juanita Jean takes Texas’ Lt. Governor Dan Patrick to task for being, as she delicately puts it, “a damn fool.”

Juanita is too restrained.

We have a few minor problems in Texas.  We are next to last in education. We are first in uninsured children. Our maternal death rate has doubled, making it twice what it is in Turkey and Chile. Our roads and bridges are crumbling. A quarter of Texas children live in poverty.

And what is Dan Patrick concerned about?

Keeping men out of ladies’ rooms.

screen-shot-2016-09-26-at-9-39-33-amThere ya go.  This man is burning rocket fuel to Crazyville.

You can write this on the barn with waterproof paint:  Dan Patrick thinks about sex waaaaay too much.

If this idiocy was confined to Texas (a state which sometimes seems to have invented embarrassingly bad public policy), that would be one thing, but this fixation on who uses what bathroom is hardly unique to Texas.

Given the real issues America faces, it seems incomprehensible. But I do have a theory. (Yes, I always have a theory…cockamamie as some of them may be.)

We have a cohort of Americans–mostly older Americans, and mostly but not exclusively men–who wake up every morning to a world they no longer understand. Technology is complicated. Their position in society is no longer secure. Minorities are asserting legal rights. Change is constant. Media outlets looking for “clicks” and eyeballs tell them that terrorists and criminals are everywhere, just waiting to pounce.

They are convinced that they are losing America–and it’s true that they are losing the America they imagine they used to occupy. So they support Patrick and Trump and others like them. They desperately want to put black people back on the other side of the tracks and gay people back in the closet. Those efforts aren’t going so well–so they’ve shifted the focus to transgender folks. After all, transgender equality is a “Johnny-come-lately” civil rights movement–and fewer people actually know transgender people.

They may not understand climate change or economic policy or what’s happening in Aleppo or what the hell Snapchat is, but they do know what restrooms are.

On the other hand, most of them definitely do not know what irony is.

As a number of people have pointed out in the wake of the “grab her by the p—y” tape, the same men who have been absolutely horrified at the thought of a transgender person urinating in the same restroom with their wives and daughters–the same men who are hellbent to protect the “sanctity of the stall”– are the ones dismissing Trump’s braggadocio about his sexual assaults as “locker room talk.”

This isn’t about transgender folks. This is about the loss of male privilege. If anyone is going to assault their women, it had better be (their version of) a real man!

States’ Rights and Wrongs

Indiana’s embarrassing Governor recently appealed a federal court ruling that he lacked authority to prevent resettlement of Syrian refugees in Indiana. From all reports, the appeal’s oral argument did not go well for the state.

A major reason for Pence’s loss in the District Court–and his probable loss at the appellate level–is that immigration is a federal issue over which states lack authority.

The notion that federal law should govern areas of national concern seems to rankle Donald Trump’s chosen running mate, and his annoyance isn’t limited to matters of immigration. In comments defending North Carolina’s discriminatory bathroom law, Pence recently insisted that the states “and the people” should be able to decide who gets rights.

The reason the 14th Amendment applied the Bill of Rights to the states was to ensure that a majority of people in a state could not use their local government to deprive their fellow citizens of the fundamental rights all Americans should enjoy.

There are areas in which the debate over local versus federal control are legitimate, but In the context of civil rights and civil liberties, “state’s rights” was and is a dog whistle meaning: we should get to pick on disfavored people if we want to, and the federal government shouldn’t be able to interfere.”State’s rights” was the (flimsy) cover used by defenders of segregation and Jim Crow.

What if we were to take that states’ rights “logic” to its ultimate conclusion?

What if the federal government couldn’t make states treat women or African-Americans equally? If I’m a woman living in, say, New York, and New York does choose to protect me, do I take a risk driving through, say, Alabama or Indiana, states that don’t protect women’s equality? If I am an African-American supplier doing business with national companies, do I hire a lawyer to tell me which states I can enter to visit with my customers, confident that I can find a hotel room or a restaurant that will serve me?

Shouldn’t Americans expect their fundamental rights to be respected in all of the states of the union?

There are certainly areas of the law that are local in nature. It would be nonsense to have a national zoning law. Certain criminal statutes are better enforced at the state or local level.  There are others. But in a country where people move freely and frequently, where commerce and transportation and communication are national, the notion that states should be able to legislate different levels of basic citizen rights is not just impractical and unworkable, not just unfair and inequitable–it’s profoundly  stupid.

Of course, for people who want to normalize discriminatory behaviors–what Hillary Clinton quite accurately called deplorable behaviors–the notion that the Supremacy Clause and/or the Bill of Rights might legally prevent them from doing so evidently pisses them off.

Pence refused to call even David Duke “deplorable.” I for one am pretty happy that my right to equal treatment under the law isn’t his or the Indiana General Assembly’s to decide.





RFRA, Pence and Holcomb

What has been interesting about having Indiana’s Governor Mike Pence on the national ticket  has been the research on Indiana’s Governor being done by national media outlets.

Here in Hoosierland, we know Pence as an avid culture warrior uninterested in the day-to-day administration of state agencies. We know him as an opponent of Planned Parenthood whose disinclination to authorize needle exchanges led to an HIV crisis in southern Indiana, as an adversary of public education responsible for diverting millions of dollars from the state’s public schools in order to provide vouchers for religious schools, and of course as the anti-gay warrior who cost the state economy millions of dollars by championing and signing RFRA.

The national press has investigated Pence’s previous activities, both in Congress and as editor of the Indiana Policy Review, a (very) conservative publication. What they’ve found won’t surprise anyone who has followed Pence, but the research has confirmed that the Governor has certainly been consistent….

For example–and despite his disclaimers of discrimination to George Stephanopolous and others–Out Magazine unearthed an earlier article advising employers not to hire LGBTQ folks, and describing homosexuality as a “pathological” condition:

“Homosexuals are not as a group able-bodied. They are known to carry extremely high rates of disease brought on because of the nature of their sexual practices and the promiscuity which is a hallmark of their lifestyle.”

Another article, from December of 1993, was entitled “The Pink Newsroom” and argued that LGBTQ folks shouldn’t be allowed to work as journalists without being forced to identify themselves as gay publicly, since their LGBTQ status would surely create a conflict of interest when writing about politics.

Other outlets have reported his efforts while in Congress to defund Planned Parenthood, his speeches warning against the use of condoms, his insistence that climate change is a “hoax,” and his longstanding support of creationism and denial of evolution.

It’s highly likely that the Trump-Pence ticket will lose nationally in November, relieving Indiana voters of the task of defeating Pence at the polls. In his place, the GOP is running Eric Holcomb for Governor. Holcomb, it turns out, is pretty much a Pence clone. (The link has video from his meeting with the editorial board of the Indianapolis Star.)

Eric Holcomb had his chance to distance himself from the economic disaster of Mike Pence’s RFRA legacy in Indiana.

Instead, in a painful 4 minute answer to the Indianapolis Star editorial board, Holcomb doubled down on the same discrimination law that risked $250 million for state’s economy, and threw his weight behind Pence’s failed agenda.

Holcomb has previously embraced all of Pence’s agenda.

In November, we’ll see whether Hoosier voters have had enough of incompetence and theocracy, or whether we will vote to endure more of the same.

This is a very strange political year.

Hobby Lobby Redux

Continuing our discussion of RFRA and the expansion of (some people’s) “religious liberty”…

File the first paragraph of this article under “The Notorious RBG told you so.”

When the U.S. Supreme Court ruled in 2014 in Burwell v. Hobby Lobby that the owners of secular for-profit businesses could challenge laws they believed infringed on their religious liberties, civil rights advocates warned that the decision was just the start of a new wave of litigation. On Thursday, those predictions came true: A federal district judge in Michigan ruled that a funeral home owner could fire a transgender worker simply for being transgender.

The facts are evidently not at issue. Two weeks after the employee notified the employer that she would be beginning to transition, the employer–who owned the funeral home–fired her for “engaging in behavior offensive to his religious beliefs.”

In September 2014, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of Stephens, arguing the funeral home had violated Title VII of the federal Civil Rights Act, which prohibits employment discrimination. According to the EEOC, Stephens was unlawfully fired in violation of Title VII “because she is transgender, because she was transitioning from male to female, and/or because she did not conform to the employer’s gender-based expectations, preferences, or stereotypes.”

Lawyers representing the employer argued that the Religious Freedom Restoration Act (RFRA) protected their client from legal liability, and a federal court agreed, holding that paying damages for unlawfully discriminating against an employee could amount to a substantial burden on an employer’s religious beliefs. 

Well, yes. That’s the purpose of damages. If I fire an African-American employee simply because he is African-American and my religion teaches that African-Americans are inferior (an argument made by many Southern shopkeepers in the wake of the 1964 Civil Rights Act), I have violated his civil rights and I will owe damages that will “burden” that belief.

If I refuse to promote a woman to an executive position for which she is qualified because my religion teaches that women should be submissive, I can be sued for damages that would “burden” my religious beliefs.

Damages are awarded to compensate people who suffer losses when their rights are violated. They are intended to “burden” discriminatory behavior–whatever the motivation.

It’s one thing to exempt churches and religious organizations from laws of general application that are inconsistent with their theologies. It is quite another to say that owners of secular businesses can hire and fire employees or refuse to accommodate customers based upon the religious preferences of the owner.

I find it hard to believe that this court would have reached the same conclusion had the person fired been Jewish or African-American, whatever the employer’s church preached. Although attitudes about LGBTQ Americans have changed dramatically, there is still substantial prejudice against the gay community, and claims of “religious liberty” that would be given short shrift if used to justify discrimination against blacks or women or Jews are somehow seen as more meritorious or “sincere.”

They aren’t. And the likely consequences of this ruling, if it is not overturned, are stunning:

Think of the implications, should other courts follow this lead. Conservatives have, in the past, launched religious objections to child labor laws, the minimum wage, interracial marriage, and renting housing to single parents—to name a few. Those early legal challenges were unsuccessful, in part because they were based on constitutional claims. Hobby Lobby changed all that, opening the door for religious conservatives to launch all kinds of protests against laws they disagree with.

In her Hobby Lobby dissent, Ruth Bader Ginsberg warned that the Court had ventured into a minefield.

Would the exemption…extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations[?]…Not much help there for the lower courts bound by today’s decision.”

She was prescient.

Christian Karma

Yesterday’s post referencing religious exemptions from child neglect and abuse laws joined a number of prior posts considering the intersection of religion–usually, but not always, conservative Christianity–with legal and constitutional requirements of civic equality and public safety.

Given that ongoing focus, you can understand why a recent headline in the Washington Post caught my eye. It read “White Christian America is Dying,” which turned out to be an interview with the author of a just-issued book titled “The End of White Christian America.”

The book (eulogy??) was written by Robert P. Jones, founding CEO of the Public Religion Research Institute (PRRI). Jones’ analysis is particularly timely because–despite having been written before Trump entered the Presidential race– it offers an explanation of The Donald’s support among white Evangelicals.

As Jones noted in the course of the interview,

Trump’s appeal to evangelicals was not that he was one of them but that he would “restore power to the Christian churches” if he were elected president. This explicit promise, along with his anti-immigrant and anti-Muslim rhetoric, signaled to white evangelical voters that when he crowed about “Making America Great Again,” he meant turning back the clock to a time when conservative white Christians held more influence in the culture. Trump has essentially converted these self-described “values voters” into “nostalgia voters.”

If PRRI’s research is accurate, there are not nearly enough of these “nostalgia voters” to elect Trump or anyone else; furthermore, their ranks are steadily–and rapidly– diminishing.

According to PRRI research, young adults between the ages of 18 to 29 are less than half as likely to be white Christians as seniors age 65 and older. Nearly 7 in 10 American seniors are white Christians; fewer than 3 in 10 young adults are in that category.

Some of this, obviously, is due to large-scale demographic shifts — including immigration patterns and differential birth rates.  But Jones notes that the other major cause is young adults’ rejection of organized religion–they are three times as likely as seniors to claim no religious affiliation.

It is notable that the decline measured by PRRI is not limited to mainline Protestant churches, which was the narrative a few years ago. Membership in Evangelical congregations and suburban “mega” churches has dropped substantially as well. As a result, the white evangelical Protestants who made up 22 percent of the population in 1988 were down to 17 percent in 2015.

Looking ahead, there’s no sign that this pattern will fade anytime soon. By 2051, if current trends continue, religiously unaffiliated Americans could comprise as large a percentage of the population as all Protestants combined — a thought that would have been unimaginable just a few decades ago.

The obvious question is, what has caused this precipitous decline?  PRRI’s answer to that question prompted the reference to karma in the title of this post.

When PRRI surveys have asked religiously unaffiliated Americans who were raised religious why they left their childhood religion, respondents have given a variety of reasons — stopped believing in teachings, conflicts with science, lack of time, etc. — but one issue stands out, particularly for younger Americans. About 70 percent of millennials (ages 18-33) believe that religious groups are alienating young adults by being too judgmental about gay and lesbian issues. And 31 percent of millennials who were raised religious but now claim no religious affiliation report that negative teaching about or treatment of gay and lesbian people by religious organizations was a somewhat or very important factor in their leaving.

In other words, every time self-identified “Christians” use religion as an excuse to marginalize gays and discriminate against LGBTQ citizens, they increase the rate at which their churches decline. (Karma really is a delightful bitch…)

Someone should tell Mike Pence, Curt Smith and Micah Clark….