After the Reconstruction period ended following the Civil War, southern states (the old Confederacy) began enacting Jim Crow laws. These laws mandated that all public facilities be segregated. They were also used in an attempt to keep African-Americans from voting and even to keep interracial marriage illegal.
School segregation was eventually struck down by the Supreme Court in Brown v. Board of Education (1954). The rest of the Jim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of 1965. However, bans on interracial marriage were not fully struck down until Loving v. Virginia (1967), when the Supreme Court ruled that they violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
The same arguments that were used against interracial marriage are now being used against same-sex marriage, i.e. it’s against someone’s religious beliefs, it’s a sin in the Bible, etc.
Now, I’m not here to attack anyone’s religious beliefs as even I have my own. But we must remember that we are a secular country and that the U.S. Constitution is the law of our nation and not the Bible. No local, state, or federal law can violate the document, the individual rights that are enshrined within it, or its subsequent amendments.
This includes the Fourteenth Amendment.
Our Founding Fathers were mostly Christians, but we are not a Christian nation. That particular point was emphasized in the Treaty of Tripoli (1796), which states that the U.S. “is not, in any sense, founded on the Christian religion.”
Britain still has an official religion (the Church of England) and France was under the Catholic Church at the time of our independence. Both religion and government intermingled in these and many other European countries. Our Founding Fathers designed our government to discourage this relationship.
Today, we see the ongoing fight between religion and our secular government on the issue of same-sex marriage. In the past two years, bans on same-sex marriage have been struck down from coast to coast in federal court on the same grounds as the Loving decision.
Now, the Supreme Court has taken up the case once again and this time could make an official ruling for the entire country.
However, though same-sex marriage could soon be legal nationwide, some state lawmakers are finding new ways to treat the LGBT community like second-class citizens.
Instead of being called something like Jim Crow laws, these laws are referred to as “religious freedom laws.” In much the same way that the old Jim Crow laws allowed businesses to legally refuse service to African-Americans, these new laws allow any business or institution the right to refuse service to anyone based on the operator’s religious beliefs.
The purpose of these laws is to “protect” people who work in the service industry from having to provide their services for same-sex weddings if it goes against their religious beliefs.
In February 2014, Republican Governor Jan Brewer of Arizona vetoed SB 1062, which critics argued would have legalized discrimination against the LGBT community. Brewer was pressured to reject the law by several business leaders who believed it would hurt the state’s economy.Religious Freedom Restoration Act” on Thursday after it cleared both chambers of the state Legislature.
Some of these laws are written so vaguely that they could extend well beyond just same-sex marriage. The “religious freedom laws” will eventually end up in the courts and will be subsequently overturned via the Fourteenth Amendment.
If someone is a Christian, can he or she refuse service to someone in the Jewish community based solely on a difference of religion? No.
The Bible states that women are inferior to men and that women should obey men. So do Christians have the right to refuse service to a woman if she is not accompanied by a man or has a different opinion than a man? No.
Why? Because in a secular society, though a person may have the right to practice his or her religion freely, they do not have the right to force those beliefs on others. Everyone is supposed to be treated equally under the law.
Again, people have the right to their religious views. No one can force an individual to accept same-sex marriage if it goes against their religious views.
However, that right still does not extend to discriminatory actions against the LGBT community. If a person runs a business that provides a service to weddings and doesn’t want to provide that service to a same-sex wedding, there are a couple of options:
- They can find a new job that will take them out of that situation; or
- They can grow up and act like a rational adult and do the job they are paid to do.
There are times when we blur the line between religious freedom and secular government. It is imperative that we remember why this line was put in place by our Founding Fathers, and why we’ve amended the Constitution to specify that all citizens are free and equal under the law.
Using religion to discriminate is still discrimination and is still wrong. And as history has proven before, it is also unconstitutional.