The fundamental problem behind the “religious freedom” laws of Indiana and Arkansas isn’t sex. The problem is that non-heteronormative people are simply not full persons. They are not given the same rights and are not afforded the same protections as other classes of human beings under the law.
The root is buried deep in the theologically informed notion that non-heteronormative people are defective. They are impure and unclean. Allowing something that is unclean or impure in your presence is something that puts your own purity in danger. This is old school Jewish purity law which the Christian right just loves to cite ad nauseum (and likely incorrectly). As being gay is fundamentally a defect in what constitutes a full human being, it is not in the state’s interest to protect that part of the person. And so, this “religious freedom” law is not actually discrimination, but civil rights for those persons who do not accept any behaviors that are “defective.”
This reasoning includes a specific reading of the bible that colors what “America” means and who its citizens are. America has rather high, although often arbitrary purity codes about what makes someone a full person.
This is where the state needs to step in and protect all classes of citizens. Right now the state has no compelling interest in any non-heteronormative person. None. Equality in marriage fixes a symptom but not does not get at the root of the problem: the religious force of these laws from the religious mission of these lawmakers is telling them that a homosexual is not a full person. It is a religious mission as such a discriminating set of criteria of what makes someone a full person otherwise would not fall under the umbrella of a specific kind of religious protection.
The Civil Rights Act of 1964 does not give any direct help to a non-heteronormative person, “Title VII doesn’t forbid discrimination or harassment because of sexual orientation.” It explicitly protects religious affiliation and belief. The current action is to protect a group that is already a protected class under federal law making it even easier to discriminate against a non-protected group under that same law. That sounds really messed up.
Indiana is now trying to clarify the law by saying that the law is not discriminatory. However the fundamental nature of the law is to protect people in their discriminatory behaviors if those behaviors are motivated by religious need. It is a law that opens the door to other sorts of religiously based discrimination just as long as the state does not have a compelling interest in those that the law discriminates against. It will devolve into absurd proportions and it should. When lawmakers are this near-nearsighted, the laws need to be tested by those who carefully walk on its very edge so we can all see where it goes. Case-in-point: The First Church of Cannabis, Inc.
The church’s founder Bill Levin said he filed paperwork in direct response to Indiana’s Religious Freedom Restoration Act, which was signed into law by Gov. Mike Pence last Thursday. Secretary of State Connie Lawson approved the church as a religious corporation with the stated intent “to start a church based on love and understanding with compassion for all.”
Where they will test the law is if they light up a joint or get baked in church. On face value, this would get them arrested under the ruling of Employment Division v. Smith where it was ruled smoking peyote for sacramental purposes was not protected and Smith was not entitled to his unemployment. Indiana has not legalized pot for medicinal or recreational purposes. So we’ll wait and see.
We need to question our values. Is it right, under any circumstances, or under any set of observable behaviors, to classify any human being as less than a full person and so not recognized as such by the state?We did this with women by denying them the vote as well as to African-Americans by denying them any basic civil rights which for a long time was legal because they had no personhood. We also do this with criminals.
Discrimination is the actual force of the law for non-heteronormative people, as a minority group of citizens that is not a protected legal class. The politicians can talk about “intent” all day long, but when they back-pedal on the actual effect of the law as written, they not only must think we are stupid; but they are lying to us.