Religious Freedom Restoration Acts
These bills are popping up all over the place. Ironically, Democrats used to champion this legislation. The federal RFRA of 1993, co-written by Rep. Jerrold Nadler (D-N.Y.), came about after two members of the Native American Church in Oregon were fired from their positions as drug counselors for using peyote during a religious ritual. The law outlines how, and when, the government can and cannot infringe on people’s religious practices. The law was meant “as a shield, not a sword,” as Nadler likes to say.
But it’s been perverted in recent years. Conservatives are putting forward state-level RFRAs to let people claim religious liberty as a justification for denying services to LGBT people. So you’ve got the evangelical Christian bakery that refuses to bake a cake for a same-sex wedding, for example, or the photographer who refuses to provide services to a gay couple. In some cases, these bills are written so broadly that they also allow discrimination against single mothers, interfaith couples and interracial couples.
Eight states have active RFRA bills: Colorado (HB 1180), Hawaii (HB 1160), Iowa (HF 2032, HF 2200, SF 2171), Maine (LD 1340), Michigan (SB 4), Mississippi (SB 2093, SB 2822), North Carolina (HB 348, SB 550) and Oklahoma (HB 1371, SB 440, SB 723, SB 898).
Marriage-Related Religious Exemption Laws
There are other kinds of non-RFRA bills that provide a religiously based exemption regarding same-sex marriage. Some only apply to religious organizations; others apply to commercial or government officials.
First Amendment Defense Acts — These bills, in essence, allow any person, business or taxpayer-funded organization to ignore any law that conflicts with their religious beliefs about marriage. Yes, it’s as sweeping as it sounds. It not only discriminates against LGBT people, but can extend to single mothers and anybody with a sexual relationship outside of marriage. A state-contracted counselor, for example, could deny services to a single mom. Taxpayer-funded adoption agencies could refuse to place children in the homes of same-sex married couples. Government employees could decline to file official forms for gay couples (remember Kim Davis?). Three states have active FADA bills: Hawaii (SB 2164), Illinois (SB 2164) and Oklahoma (SB 440).
Pastor Protection Acts — These let churches refuse to perform marriages that conflict with their religious beliefs. The First Amendment already covers this right, but sometimes lawmakers like to pass bills just to send a message. So, we have Pastor Protection Acts. Fourteen states have active PPA bills: Arkansas (HB 236, SB 120), Colorado (HB 1123), Kentucky (HB 17, HB 28), Louisiana (HB 597), Maryland (HB 16), Michigan (HB 4732, HB 4855, HB 4858), Minnesota (SF 2158), Missouri (HJR 97, SJR 39, HB 2000, HB 2040, HB 2730), Mississippi (HB 587, HB 737), New Jersey (AB 1706), Ohio (HB 286), Oklahoma (HB 1371, SB 811), South Carolina (H 4446, H 4508) and Tennessee (HB 2375, SB 2329).
Government-officials-using-your-taxpayer-funds-against-you bills — Some bills let judges and clerks refuse to perform same-sex marriages or issue marriage licenses to gay and lesbian couples. Four states have active bills like this: Kentucky (HB 17, HB 14), Minnesota (SF 2158), Mississippi (HB 586, HB 1342) and South Carolina (SB 116).
No-wedding-cake-for-non-straight-non-white-heathens bills — These allow businesses to refuse to provide goods or services related to marriages that conflict with their religious beliefs. That could mean a frame shop refusing to sell pictures frames that are going to be used for a same-sex wedding, an interracial marriage or an interfaith marriage. Four states have active bills like this: Kentucky (SB 180), Minnesota (SF 2158), Missouri (HJR 97, SJR 39) and Ohio (HB 296).
Other marriage exemption bills — These bills provide yet other kinds of religious exemptions relating to same-sex marriage. Five states have active bills in this category: Kentucky (HB 31), Michigan (HB 4733), Missouri (HB 2754), Oklahoma (HB 1125, HB 1599, SB 478, HJR 1059, SB 973) and South Carolina (H 3022, H 3150, H 4513).
This legislation bans transgender people from using public bathrooms that match their gender identity, and even criminalizes it. Nine states have active bills relating to this: Illinois (HB 4474), Kansas (SB 513, HB 2737), Kentucky (HB 364), Minnesota (HF 3395, HF 3396, SF 3002), Missouri (HB 1624, SB 720), Mississippi (HB 1258), Oklahoma (HB 2215, HB 3049, SB 1014), South Carolina (SC 1203) and Tennessee (HB 2414, SB 2387, HB 2600, SB 2275).
These let adoption and foster care agencies refuse to provide any services that conflict with their religious beliefs about marriage, such as same-sex couples. This is regardless of what is in the best interests of a child. Three states have pending bills like this: Alabama (HB 158, SB 204), Nebraska (LB 975) and Oklahoma (HJR 1059, HB 2428).
Other Generally Terrible Anti-LGBT Bills
It turns out there are too many categories for all the bills out there, but there’s a few more of note: Two states have bills (AB 1212 in California; SB 210 in South Carolina) that require public universities to provide funds for student organizations, regardless of whether the organization discriminates against LGBT people based on religious beliefs. Three states have bills (HB 325 in Arkansas; HJR 1059 in Oklahoma; and Tennessee’s HB 566, SB 397, HB 1840 and SB 1556) that let health professionals deny services to LGBT people by citing religious objections. And there’s one bill in Oklahoma (SB 1289) that prevents local governments from passing nondiscrimination protections, including LGBT protections, that go further than protections at the state level. North Carolina’s recent anti-LGBT law does this.
MY COMMENTS :
These attempts to crash LGBT rights in USA that have been secured by Obergefell v. Hodges SCOTUS decision are futile because these cases will end up in SCOTUS again. It would be interesting to see if Constitutional rights can be overturned like seasons. Shows you how LGBT Rights need to be inculcated in the education system of USA as LGBT persons and allies try to put out these bush fires of bigotry.