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Religion
See other Religion Articles

Title: Indiana religion law is Jim Crow of our time
Source: Cincinnati.com
URL Source: http://www.cincinnati.com/story/opi ... on-law-jim-crow-time/70617014/
Published: Mar 29, 2015
Author: Ryan Messer
Post Date: 2015-03-29 04:44:12 by Willie Green
Keywords: None
Views: 33734
Comments: 127

The arguments for Indiana’s Religious Freedom Restoration Act arguments are strikingly similar to the arguments for racial discrimination some 50 years ago. Then, the nation debated whether it was right and just for someone to be barred from service at a lunch counter because of the color of his or her skin. Astonishingly, here we are again, having to combat arguments that it should be legal to bar someone from the same lunch counter based on the gender of the person they love.

Let’s tell it like it is: The so-called Religious Freedom Restoration Act is the Jim Crow legislation of our time. Today, African-Americans are protected from discrimination of this kind – and that’s exactly how it should be in the Land of the Free. Alas, LGBT people enjoy no such protection under Title VII of the Civil Rights Act, but at least always had trusted their home state legislatures and governors not to turn on them.

I take this personally because, as of Thursday, my family and I are not protected from discrimination when we visit family and friends in the state of my birth. This is real and wrong and grieves me deeply.

The passage of this discriminatory legislation brings back painful memories in Cincinnati of a charter amendment, commonly known as Article XII, that prohibited City Council from passing any ordinance that would have granted LGBT people equal protection under the law. It was a sorry moment in our city’s history – one in which an entire class of people was singled out for non-protection.

The city’s image was damaged throughout the country, and the economic impact was significant, with conventions being canceled and prestigious companies choosing not to do business in our city. I was a resident of Cincinnati at the time, and the passage of the charter amendment created a cloud over the city that ultimately contributed to my decision to leave. I wasn’t alone. Many people I knew moved to cities that they viewed as more welcoming: Chicago, Atlanta, San Diego. I moved to New York.

Fortunately, the citizens of Cincinnati rediscovered their essential instinct for justice and repealed Article XII, and I moved back as soon as I could. Cincinnati now is seen as one of those welcoming cities – one dramatically different from what it was. Did we fall into the dream that the rest of American had taken that journey with us? If so, we’ve had a rude awakening.

Now I have to question where in Indiana my family can go without discrimination. Can we visit the Indianapolis Children’s Museum? Will a hotel turn us away? Would we be allowed to buy a cupcake at a bakery? If you can, put yourself in our shoes for a moment you can see how unsettling and infuriating this situation is.

Maybe the good people of Indiana will come back to their senses as the good people of Cincinnati did some years ago. While they’re pondering what they’ve done, we Cincinnatians should contact the convention organizers who have announced they will pull their meetings out of Indiana and let them know that they are heartily welcome in the Queen City.

We should work with the business leaders who have decided not to expand in Indiana and let them know that they are very welcome to locate in our Ohio and Kentucky counties. And we certainly should let all the talented Hoosiers who happen to be LGBT know that they are welcome to live, work, love and play here.

Indiana may have lost its sense of justice and good sense for a while but the rest of us understand the human and business cases for diversity and inclusion. Let’s cash in on the progress we’ve made in Cincinnati and elevate our status as a city that welcomes diversity of all kinds and declines to discriminate against any of our citizens.

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Begin Trace Mode for Comment # 73.

#6. To: Willie Green (#0)

"Then, the nation debated whether it was right and just for someone to be barred from service at a lunch counter because of the color of his or her skin. Astonishingly, here we are again, having to combat arguments that it should be legal to bar someone from the same lunch counter based on the gender of the person they love."

I agree. Let's not screw around. Let's settle this once and for all.

The nation should debate whether the owner of a private business has the constitutionally protected right to bar anyone from service for any reason.

Refusing someone service at a lunch counter has nothing to do with interstate commerce.

misterwhite  posted on  2015-03-29   9:59:34 ET  Reply   Untrace   Trace   Private Reply  


#59. To: misterwhite, Willie Green (#6)

The nation should debate whether the owner of a private business has the constitutionally protected right to bar anyone from service for any reason.

Refusing someone service at a lunch counter has nothing to do with interstate commerce.

http://law.justia.com/codes/us/2012/title-42/chapter-21/subchapter-ii/section-2000a/

PUBLIC ACCOMMODATIONS - 42 U.S.C. § 2000a (2012)

§2000a. Prohibition against discrimination or segregation in places of public accommodation

(a) Equal access

All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments

Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;

(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. (c) Operations affecting commerce; criteria; “commerce” defined

The operations of an establishment affect commerce within the meaning of this subchapter if (1) it is one of the establishments described in paragraph (1) of subsection (b) of this section; (2) in the case of an establishment described in paragraph (2) of subsection (b) of this section, it serves or offers to serve interstate travelers of a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b) of this section, it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b) of this section, it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.

(d) Support by State action

Discrimination or segregation by an establishment is supported by State action within the meaning of this subchapter if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e) Private establishments

The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b) of this section.

(Pub. L. 88–352, title II, §201, July 2, 1964, 78 Stat. 243.)

nolu chan  posted on  2015-03-29   21:00:22 ET  Reply   Untrace   Trace   Private Reply  


#64. To: nolu chan (#59)

I'm aware of the law.

"Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964), was a landmark United States Supreme Court case holding that the U.S. Congress could use the power granted to it by the Constitution's Commerce Clause to force private businesses to abide by the Civil Rights Act of 1964."

I'm saying I don't agree with the ruling because I don't think it interferes with interstate commerce. If I want kosher food, can I demand that all businesses serve it? Or does the free market respond by opening kosher businesses?

It's ridiculous to think that any minority cannot find a place to serve him what he wants ... and that it would interfere with interstate commerce.

misterwhite  posted on  2015-03-30   10:00:37 ET  Reply   Untrace   Trace   Private Reply  


#73. To: misterwhite (#64)

It's ridiculous to think that any minority cannot find a place to serve him what he wants ... and that it would interfere with interstate commerce.

What's ridiculous is for anybody think that in America, after a million dead in a Civil War and another century of racial strife and apartheid that only ended with a lot of heavy-handed legislation and Supreme Court rulings, that he still has the right to go into business and discriminate against black people.

Perhaps it needs to be stated more clearly: BECAUSE OF America's history of slavery and racial segregation, lynching and brutality against blacks, no America has the constitutionally protected right to discriminate against blacks in any way, or under any circumstances, other than in the privacy of his own home. It is entirely illegal in all of its manifestations in the workplace, or in commerce.

That's the truth of it. And unfortunately, given the nasty, stubborn, persistent desire to engage in that sort of behavior, and to defend it and connive at it, the only way to prevent the reinfestation by that particular form of political poison ivy is to kill it every time it pops up, with fire.

Too many people died and too much suffering has occurred for us to continue to pretend that Americans have the right to discriminate against blacks. They do not, and if they try, the system will destroy them. And should.

Vicomte13  posted on  2015-03-30   16:33:05 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 73.

#74. To: Vicomte13 (#73)

"that he still has the right to go into business and discriminate against black people."

Who said that? Not I.

I said in post #6, "The nation should debate whether the owner of a private business has the constitutionally protected right to bar anyone from service for any reason."

I didn't single out blacks, and it's disingenuous of you to suggest that I did.

misterwhite  posted on  2015-03-30 16:41:51 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 73.

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