“There is no such thing as part freedom.” Nelson Mandela
In their desire to protect the rights of conservative Evangelical and Catholic Christians the representatives of the State of Kansas enacted a new law. It really is an amazing law that enshrines discrimination against homosexuals based on religious preference. The law is targeted to allegedly protect people who do not want to serve homosexuals based on their religious beliefs. However, the law is so broadly written that it can be used against anyone for any reason by an individual, business or organization “if it would be contrary to the sincerely held religious beliefs of the individual or religious entity.”
It is legislation that is reminiscent of Jim Crow laws used against blacks, Nazi Germany’s Nuremberg Laws against the Jews of the 1930s, and the laws of Islamic nations that allow non-Moslems or more open minded Moslems to be prosecuted or even killed for anything that offends Islam.
Kansas Representative Charles Macheers
The language of the authors of the Bill is Orwellian. It is called The Religious Liberties Protection Act. The sponsor of the legislation State Representative Charles Macheers noted:
“Discrimination is horrible. It’s hurtful … It has no place in civilized society, and that’s precisely why we’re moving this bill. There have been times throughout history where people have been persecuted for their religious beliefs because they were unpopular. This bill provides a shield of protection for that.”
However, Macheers and his supporters seek to prevent discrimination by enshrining it as law. Unlike Bills in some other states, this Bill does not simply apply to private business or individuals, but it also empowers government employees to discriminate against people if it violates “their sincerely held religious beliefs.” It is a law that allows public employees, paid by taxpayers being free to discriminate. (Read the Bill as enacted here: http://www.kslegislature.org/li/b2013_14/measures/documents/hb2453_01_0000.pdf)
What this does is to give anyone claiming a “sincerely held religious belief” in a private or public capacity to deny people basic civil rights and liberties. It is license to discriminate and it is something that James Madison warned us about:
“Who does not see that the same authority which can establish Christianity, in exclusion of all other religions, may establish with the same ease any particular sect of Christians, in exclusion of all other sects?”
The authors of this legislation and its supporters throughout the country don’t seem to get the fact that once you begin down this path that you set precedent. That precedent to discriminate against a person or group of people based on religious beliefs is dangers. The writers seem unconcerned about the ramifications of what would happen if this bill became law. In their hatred of homosexuality and homosexuals they forget that any law can which legalizes discrimination can be used against anyone, including those that enact it order to supposedly protect their religious liberty.
They also fail to understand the words of Thomas Jefferson who wrote:
“I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.”
I am a defender of religious liberty, but religious liberty needs to be for all, not just for some. Religious liberty is something that our founders understood, and they took great care to ensure that the rights of religious minorities and unbelievers were respected in our Constitution. Just as I do not want the government regulating religion, even religious views that I do not agree, I do not want religion to be used to deny the civil rights of others simply because those people are different from those that choose to use the law to discriminate. I wonder what those that support this law would do if in another state the same kind of law was passed to discriminate against their basic civil and human rights. I don’t think that they would like it very much.
My view is much like Andrew Sullivan. I may not agree with someone’s deeply held religious convictions, they may be intolerant and even hateful must be allowed the space to speak about them and even enter into the public discourse. I do not want to see religious people silenced. I may disagree with what some say and how they say it but they like everyone else need to have the space to speak their convictions. Allowing that space is what “true liberals do.” Sullivan notes that those who advance the agenda of Gay rights and equality “should be wary of being seen to trample on religious freedom and be defined as discriminators of another sort.”
I agree with Sullivan on this, the fact is that Gays like so many others have been the target of state sanctioned religious discrimination throughout history. It is natural that the LGBT community, which has been so hated and discriminated against would want to push hard against those that use religion to attack, demean and marginalize them. But it is important remember that reconciliation and acceptance is a two way street. The actions of the late Nelson Mandela after the fall of Apartheid in South Africa should be a model. Mandela said: “For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others.”
Unfortunately in Kansas, many religious people, for reasons, some real but many imagined; feel the compelling need to use the power of the law to suppress LGBT people or others that they believe threaten them. In other places religious people attempt to use the police power of the government at the Federal, State and Local level to suppress anything or the activities of anyone they deem to be against God, or rather their interpretation of God.
Though I am not Gay I feel the sting of these laws because although my Church will allow me to marry a Gay couple I cannot in the state that I reside or many others. I know a number of Gay couples that have asked me if I could perform their marriages, but such will have to wait until we can find a time and a place where I can legally perform their nuptials. The sad thing is that in some places like Indiana there are legislators who in defending their religious freedom would criminalize an attempt by me or any other minister performing such an act if they could. Thankfully that amendment to the Indiana Constitution has been pushed back for at least two years.
Their belief compels them to use the law against homosexuals, non-Christian religious minorities, secularists and humanists and attempt to curtail the advances and discoveries of science, archeology and history. I believe that such attempts are short sighted and do violence to the religious beliefs that many espouse. Eric Hoffer wrote in his book The True Believer that “Faith in a holy cause is to a considerable extent a substitute for the lost faith in ourselves.”
The proposed law in Kansas, which looks as if may stall in the State Senate is an evil being enacted to supposedly support the good. Nothing good can come of it, if passed it will poison the hearts and minds of the very people it is supposedly written to protect. It will give them legal right to treat people who are different than them in a way that does not reflect the Gospel, and encourage the worst type of self-righteous behavior, and it will blow back in their face.
The attempt of the Kansas legislature to pass this Bill into law reminds me of something that Spencer Tracy’s character, Henry Drummond said in the film Inherit the Wind:
“I say that you cannot administer a wicked law impartially. You can only destroy, you can only punish. And I warn you, that a wicked law, like cholera, destroys every one it touches. Its upholders as well as its defiers.”
This is a wicked law, and if it is made law it will do great harm to those that is directed against, those who the precedents in it may be used against in the future and those that think that will protect their. It is Orwellian and at its heart it is evil. If it is enacted into law it should be opposed at every opportunity by every person of good will, no matter what their faith, political ideology or sexual preference, because all people have the right to life, liberty and the pursuit of happiness.