Tuesday, 25 February 2014

The Polarisation of Gay Rights

Everything was going just great for the gay rights movement. In 2013 part of the Defense of Marriage Act (DOMA) was struck down, as well as that eight additional states legalised same-sex marriage. The Employment Non-Discrimination Act (ENDA) passed the Senate for the first time with an incredible 64 votes in favour and 32 against. ENDA would ban discrimination against gay people in states where discrimination is not explicitly banned.

2014 looked to be another great year for gay rights. Courts in Utah, Oklahoma, Ohio, Kentucky and Virginia all made pro-gay rulings. Lawsuits to expand gay rights have been filed, or are pending, in a further 20 states. Gay marriage looks likely to be brought before the Supreme Court, perhaps 2014 could be the year every state has legal same-sex marriage.

Then several conservative states decided that the anti-gay rights side needed some good news. Arizona, Idaho, Kansas, Mississippi, South Dakota, Tennessee and Utah are considering passing laws that would make discrimination against gays protected by the law!

Kansas was the first to gain national notoriety for the homophobic legislation. The bill allowed for discrimination so long as the person had “deeply held religious beliefs”. The truly horrifying part was that it would allow for anyone to discriminate. Not just photographers who refused to take pictures of a gay wedding. If you were gay it would allow government employees to refuse you service, doctors could deny you treatment and policemen could refuse to investigate crimes committed against you. Disgusting. The bill passed the Kansas House 72-49 and was expected to pass the Republican controlled Senate. Then the bill suddenly died! So what caused the bill, so sure to pass, to lose support so quickly? It was the Kansas business community who we can thank for its death! Kansas businesses feared the negative effect on their livelihoods and so demanded that it never pass.

Unfortunately there is one state where a pro-discrimination bill actually managed to pass both chambers: Arizona. The bill is being sold as one that defends religious freedom, but the reality is that its sole intention is to encourage discrimination. Just like in Kansas, business leaders are opposed to it, which should influence Republican Governor Jan Brewer to veto it.

Early reports suggest that Arizona has already started to suffer from the bill (often referred to as SB 1062) passing the legislature. Businesses are reporting that companies are cancelling business trips and holidays in response to the law. George Takei, actor of Star Trek fame and now a formidable force for equality, has called for a boycott of Arizona. His husband, Brad Takei, is an Arizonan native and the couple visit Arizona annually. Not anymore. Read George’s opinion here. The Super Bowl is scheduled to be held in Arizona in 2015 and there have been calls that Arizona should lose it as a result of the law.

Bizarrely, three legislators who voted for the bill are now calling for Brewer to veto the legislation calling it "a mistake". Hopefully all these difference forces will persuade Brewer that discrimination has no place on the statute books of any state.


Even if the bills do manage to pass, it will not be long before the courts rule them as unconstitutional. After all, these courts are the same ones declaring same-sex marriage bans as unconstitutional.  

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