"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

"If you're not having fun, you're not doing it right." -- Helyn D. Goldenberg

"I love you and I'm not afraid." -- Evanescence, "My Last Breath"

“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Sunday, March 02, 2014

Misunderstood? I don't think so.

David Delmar has some pushback at AmericaBlog against the claim that Arizona's SB1062 was "misrepresented" by critics:

In fact, critics of SB 1062 cut through the facade and exposed its black and beating bigoted heart. In so doing, they captured precisely its essence. The law was an attempt to amend Arizona’s Religious Freedom Restoration Act (RFRA) to make it apply unambiguously in cases involving private entities (including businesses) who complain that the government has violated their right to free exercise of religion. By making clear that the RFRA applied in this way, SB 1062 would thus have bestowed social and legal legitimacy for, among other things, the “right” to refuse service to gays and lesbians (and, probably, to resist the Affordable Care Act’s contraceptive mandate), among others.

The law as written is much worse than that paragraph might lead you to believe. Read the whole post.

And David Neiwert has a deeper analysis of that bill and others at Crooks and Liars:

The legislation universally features language referring to the “substantial burden” imposed on businesses by anti-discrimination laws. That in turn indicates that legislators are tying their hopes to its ultimate success to other cases involving similar principles — in this case, efforts to overturn the mandate on businesses imposed by the Affordable Care Act’s provisions to provide contraception to women. Notably, Hobby Lobby is seeking to overturn that rule on the basis of the claim that it imposes a “substantial burden” on its religious beliefs. . . .

Most of this legislation originates with the same source: the Alliance Defending Freedom (ADF), the Scottsdale-based religious-right organization formerly known as the Alliance Defense Fund, which is ostensibly dedicated to advocating for Christians’ right to “freely live out their faith.” ADF is also active in working to criminalize gay sex in other countries, and played a key role in the recent passage of Uganda’s new laws outlawing homosexuality. It is also active in supporting a number of lawsuits involving conservative Christians’ rights to discriminate against gays and lesbians.

The most problematic aspect of the “religious freedom” legislation that has been proposed so far is how vague its language is and how broadly it can be applied. Indeed, each of the bills so far applies “religious freedom” not just to the issue of providing services to gays and lesbians, but conceivably to every kind of prejudice under the sun. People could refuse to serve interracial couples, for instance, or for that matter anyone of another religion or ethnicity or who has disability.

Neiwert echoes what I've been saying about this phenomenon -- this isn't the end of it, by any means. And it's not just an assault on equal rights for LGBTs -- it's an attempt to roll back anti-discrimination laws in general and enshrine "deeply held religious beiefs" as paramount -- as long as those religious beliefs are evangelical Christian.
One of the laws’ main defenders — paleo-conservative columnist Patrick Buchanan — essentially admitted as much in his column on the debate over Arizona’s law. He offered a simple proposal: “Suppose we repealed the civil rights laws and fired all the bureaucrats enforcing these laws.”

“Does anyone think hotels, motels and restaurants across Dixie, from D.C. to Texas, would stop serving black customers? Does anyone think there would again be signs sprouting up reading ‘whites’ and ‘colored’ on drinking foundations and restrooms?”

Buchanan claimed the civil rights laws of the 1960s have already done their work, saying “the conditions that called for the laws of the 1960s have ceased to exist.” He is not clear how those laws would have ever worked in the first place if they had not been enforced on a broad basis.

I'm reminded that Mississippi abolished slavery in 2012. Virginia is still trying to reinstate its sodomy law ("Save the Children!"). And it's not all that long ago that a justice of the peace -- a government official -- refused to marry an interracial couple in Louisiana ("Save the Children!" again).

So in response to Buchanan, you betcha!

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