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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: 33848
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Fortunately, the citizens of Cincinnati rediscovered their essential instinct for justice and repealed Article XII, and I moved back as soon as I could.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 # 84.

#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  


#70. To: misterwhite (#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.

We can debate it.

My answer is: the owner of a private business does not have the constitutionally protected right to bar anyone from service for any reason.

That's what our law currently is, and I expect that it will upheld.

In particular, owners of private business have no constitutional right to bar anyone from service on the basis of the person's race, ethnicity or religion.

If you're going to open your doors to public commerce, you can profit from access to the stream of commerce, but there are certain things you cannot do. And forbidding blacks, Hispanics, Muslims or Jews (or Catholics, or Protestants) from using those services is the most historically important of them.

Vicomte13  posted on  2015-03-30   16:07:55 ET  Reply   Untrace   Trace   Private Reply  


#72. To: Vicomte13 (#70)

"the owner of a private business does not have the constitutionally protected right to bar anyone from service for any reason."

Sure he does. He has the right to liberty. The right to be free.

You are taking away his right. You're telling him he must work for others against his will. That their rights are more important than his.

I don't see it that way. I disagree with the current law.

misterwhite  posted on  2015-03-30   16:27:09 ET  Reply   Untrace   Trace   Private Reply  


#75. To: misterwhite (#72)

You are taking away his right. You're telling him he must work for others against his will. That their rights are more important than his.

That's right. I am.

He has chosen to enter the stream of commerce by which we all live. Its blood is the American dollar, which is a government creation. It's enforcement mechanism is the police and the courts willingness to enforce contract and property rights. It's a national market: states have not been allowed to impose rules that will materially interfere with the flow of commerce. The huge national market makes all of America more prosperous than it would be.

America has a specific bad history concerning blacks. We enslaved them and then segrated them, lynched them and beat them down. And then, once they were legally freed, the evil minds of many Americans sought to keep them down still by private means such as restrictive covenants in the sale of land (you cannot sell to blacks), or in hiring, or in forbidding them service in certain places of business, because they were black.

We killed a million people in a Civil War that ended slavery, and we had a long and bitter struggle to end racial apartheid. Because of the stubborn persistence of that evil, to root it out and keep it gone, the personal liberty of white people has to be restricted somewhat. You can still have a business and make money in that grand stream of commerce, but you no longer have the right to say that black people cannot come in, and you do not have the right to refuse them service.

If you hate them so much you think it is wrong for you to serve them, then don't go into business. But your right to operate a business as you please is no longer unlimited. BECAUSE white America fucked the blacks so badly for so long, some of your rights have been permanently lost in order to force you to treat blacks as equal.

That's the way it is, and that's the way it has to be, because some Americans were too evil to allow it to be any other way, so they ruined it for everybody. Once upon a time, business owners were completely free to do as they pleased. And once upon a time states were sovereign in their rights. But, because the states decided to use their states rights specifically to crush the liberty of one part of the population, the blacks, and because white business owners decided to use their rights as business owners to keep blacks out, and we had to lose a million lives to end slavery, the states no longer are permitted the rights they used to have: the rights to do that sort of thing had to be chopped away, and were. Likewise, because business owners just had to be evil, rules were made that no longer leave them completely free.

You're still free to run your business as you please, except that you have no right to discriminate against blacks and remain in business.

That's the way it is now, and that's the way that it has to be, because the racist whites were too committed and too stubborn to the principle of equality. So, they ruined it for everybody, and we all lost some of the rights we used to have, because it's the only way to ensure that blacks have the same rights we do.

There isn't any other way to do it, and we're not going back.

Vicomte13  posted on  2015-03-30   16:44:26 ET  Reply   Untrace   Trace   Private Reply  


#84. To: Vicomte13 (#75)

and we all lost some of the rights

You can't lose a right. It is a right.

A K A Stone  posted on  2015-03-30   21:11:21 ET  Reply   Untrace   Trace   Private Reply  


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