A
pall hung over me on June 4.
The
Supreme Court ruled in "Masterpiece Cakeshop v. Colorado Civil
Rights Commission” in favor of Jack Phillips, the baker who
refused to make a wedding cake for a same-sex couple-Dave Mullins and
Charlie Craig-on the grounds of religious freedom. In a 7-2 decision,
the Justices argued that the commission had exhibited hostility
toward religion in its treatment of Phillips’s case.
While
the Justices did not grant a license to discriminate against LGBTQ
Americans blatantly, I, like so many in our community, was hoping the
case would render once and for all a cease-and-desist order; thus,
resolving the God versus Gay rights dispute for those who want to
codify discrimination against us under the guise of religious
freedom.
And,
while the Justices also did not say the decision will not influence
opponents of same-sex marriages, like photographers, florists,
wedding planners, wedding venues, honeymoon resorts, to name a few,
Justice Kennedy’s narrow ruling, no doubt, will keep this
debate going.
“It
is very unfortunate that this ruling reinforces the ‘God vs.
gay’ narrative that has pervaded our discourse and
policy-making, “ Marianne Duddy-Burke, Executive Director of
DignityUSA stated in a press release. “Many LGBTQI people and
others who are working towards full equality in our country are
people of deep faith and know that our identities are sacred gifts.”
Jack
Phillips win, in my opinion, is a colossal blow to civil rights gains
and state nondiscrimination laws; thus, giving room to legalizing
denying services to LGBTQ Americans based on business owner's
religious belief. For example, in December 2017, Trump’s
solicitor general, Noel Francisco, suggested these businesses should
hang anti-LGBTQ placards like “No Gays Allowed” warning
us to stay away. When Press Secretary Sarah Huckabee Sanders was
asked to clarify the president’s position on the matter at a
White House Press Conference, she responded: “The president
certainly supports religious liberty…I believe that would
include that.”
As
a black lesbian in this Trump administration, I now feel like I am
unquestionably moving into a new Jim Crow era reestablishing
discriminatory laws targeting LGBTQ Americans. I grew up knowing
about racist placards that read “Colored Water Fountain,”
“Waiting Room For Colored Only,” ”We Serve Whites
Only, and “No N-word Allowed, to name a few.
In
Jim Crow, America restrooms were a hot-button issue, as today, and a
battleground for equal treatment. The Civil Rights Act of 1964
outlawed discrimination based on national origin, race, hue, gender,
and religion. The law mandated desegregation of all public
accommodations, including bathrooms. The Obama administration
expanded the Civil Rights Act of 1964 to protect LGBTQ Americans.
However, Trump’s administration revoked federal guidelines
permitting transgender students from using “gender-appropriate
facilities ” which aligned with their gender identity.
Let’s
face it, folks, since Trump has taken office there has been an
erosion of LGBTQ civil rights under the guise of religious liberty.
Transgender Americans being denied access to public lavatories is
eerily reminiscent of the country’s last century Jim Crow era
denying African Americans access to lunch counters, water fountains,
libraries, gas stations, theaters, and restrooms, to name a few.
Signs that read “whites only” prohibited entry.
Last
June Trump paid tribute to the 49 LGBTQ victims of the Pulse
Nightclub massacre, but failed to issue a proclamation for Pride
Month. This year the Trump Administration has done the same.
In
a Trumped-up Supreme Court there is talk among Christian evangelicals
of walking back “Obergefell v. Hodges,” the historic U.S.
Supreme Court ruling that legalized same-sex marriage in all 50
states. And, it can be done
without
disrupting other precedents on marriage,” according to Rebecca
Buckwaler-Poza”s article “The End of Gay Rights” in
the June 2017 issue of Pacific Standard Magazine.
“The
Supreme Court can significantly undermine LGBT rights even without
reversing a single case,” Buckwaler-Poza wrote. "Right
now, the federal prohibition against sex discrimination doesn’t
bar discrimination on the basis of sexual orientation or gender
identity; the Equal Protection Clause affords no specific protections
for LGBT people, as it does for members of groups defined by race or
nationality. The Court can strip the rights to intimacy and marriage
of their meaning, carving away gradually and masking the magnitude of
changes by phrasing them in arcane legal terms.”
Many
conservatives in Phillips’s camp argue that his position is not
a repudiation on same-sex marriage, but rather it’s a
principled stance to fight for free expression unfettered by the
tyranny of political correctness.
“We
at Cato have long supported both religious liberty and gay rights,
insofar as the agenda of each is consistent with the liberty of
unlimited constitutional government,” Roger Pilon, founding
director of the Cato Center for Constitutional Studies, said. “But
we draw the line when same-sex couples turn around and use government
to force venues against their religious beliefs to participate in
same-sex ceremonies, as happens too often today.”
Oddly,
however, when the argument is framed as Pilon states there’s no
room to ensure that LGBTQs will not be discriminated against because
of who we are and who we love.
Democracy
can only begin when those at the margin can experience what others
take for granted. I’m not confident that this government has
our backs.
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