The signing would make Indiana the first state to enact such a change this year among about a dozen where such proposals have been introduced. The measure would prohibit state and local laws that “substantially burden” the ability of people — including businesses and associations — to follow their religious beliefs. Conservative groups say the Indiana measure merely seeks to prevent the government from compelling people to provide such things as catering or photography for same-sex weddings or other activities they find objectionable on religious grounds.
It is difficult for me to understand how this is not akin to the fervently held religious beliefs that the races should not “mix” in marriage, and the anti-miscegenation laws that emanated from those beliefs. Of course, in 1967 the U.S. Supreme Court struck down those laws as unconstitutional in Loving v. Virginia. How is this any different from a 1960s lunch counter owner denying service to African Americans because of his religious beliefs (widely held at the time) that “Negroes” were lesser human beings and citizens than white folks?
Taken to their logical and extreme conclusion, such laws could allow someone to ask to be exempted from meeting the requirements of the Americans with Disabilities Act, if that person’s religion believed (as in much of the Old Testament) that physical infirmities were the result of the afflicted person’s sin (or that of his parents), and “my religion condemns sin rather than cooperating with it.”
But these debates and legislation are not fueled by the religious adherent’s condemnation of sin. Chances are, the florist who refuses to provide flowers for a gay wedding does not deny service to a bride who is on her second or third marriage. Jesus is silent about gay marriage, but roundly and emphatically condemns remarriage after divorce. The photographer who refuses to take pictures for a lesbian marriage (because it is against God’s will) should also decline to photograph a lavish and ostentatiously expensive wedding (Jesus talks a lot about the sinful nature of greed). If this were seriously about not serving sinful people, then obese people would be turned away from fast-food outlets as obviously living the sinful “lifestyle” of a glutton. If this were really about condemning sin, then service would be denied to all sinners, not just a particular sin among a particular, targeted group.
Make no mistake: These legislative bills, like the one about to become law in Indiana, are about exempting some people from having to comply with non-discrimination laws already in place for LGBT people, as well as pre-empting and forestalling any efforts to put such protections in place. This is old-fashioned discrimination all dressed up in ecclesiastical vestments and “religious freedom” language. But it is still discrimination, pure and simple, against a targeted group of fellow citizens. No amount of cloaking such legislation in the garb of “freedom of religion” is going to turn this sow’s ear into a silk purse.
Fortunately, big Indiana employers like Cummins Engine have opposed the law, and Gen Con, a major gamer convention, has threatened to pull out of Indianapolis if it becomes law. Indianapolis’ Republican mayor is concerned that it will send “the wrong signal” about his city and state. Which, to many, it will.
But the real prize is the NCAA, headquartered in Indianapolis. The NCAA basketball championships are held every five years In Indiana, including this year. Will this organization step up to the proverbial plate (wrong sports metaphor – I know) and pull out of Indiana? [UPDATE: NCAA says the Final Four games will go on in Indiana despite concerns over anti-gay bill http://bit.ly/1H0tXUt ]