State-Sponsored Anti-LGBTQ Discrimination: Today's GOP Playbook
This time, it’s Tennessee resisting same-sex marriage
Tennessee is in the news again for legislation denying the rights and humanity of LGBTQ citizens. The latest hate bill coming out of the state house is TN HB 878, giving any person the right to refuse to "solemnize" a marriage based on their religious beliefs.
Right-wing apologists are furiously spinning this as a purely religious freedom argument, which is unsurprising. What is infuriating is the ignorance of far too many people who buy the "freedom" bullshit with unserious comments like, "You can just find someone else to perform the service" or "It's not fair to ask someone to marry people against their will."
Once more for the people in the back: The ceremony in your church, family property, or beach does not make the union legal. You can have a service with the heads of every religious denomination in the world blessing you. It is not a legal marriage until you get your marriage certificate from the clerk of court.
Therefore, this state law explicitly permits public employees to discriminate based on their personal beliefs. State-sponsored discrimination seems to be the playbook for today's Republican party.
The language "any person to refuse to solemnize a marriage" is broad enough to allow the clerk to refuse to issue a marriage license to LGBTQ couples, interracial couples, or any other excuse they can think up, as long as they throw in the "religious objection" tagline. There is no requirement to prove your religious belief or membership in any church or faith organization. So, homophobes, transphobes, and racists are free to decide who is worthy, and the rest of us are at their whim.
Republicans are laser-focused right now on criminalizing or blocking anything they can for the LGBTQ community. The Human Rights Campaign notes that in addition to HB 878, Tennessee passed yet another anti-drag bill that requires drag artists to obtain a permit before performing.
“Extremist Tennessee lawmakers are unrelenting in their discriminatory attacks on the LGBTQ+ community. Instead of focusing on the issues that Tennesseans actually care about, radical politicians are wasting their time and using their power to target the LGBTQ+ community — from same sex couples, to transgender youth, to drag artists. These bills are not about protecting children and they are not about religious freedom. They are about stripping away the basic human rights that LGBTQ+ people have fought for over decades, forcing LGBTQ+ people, particularly transgender and non-binary people, back in the closet and labeling us as dangerous. We urge the Tennessee Senate to reject these discriminatory, hateful bills.”
Less than two months into 2023, HRC says there are already 340 anti-LGBTQ+ bills that have been introduced in statehouses across the country. One hundred fifty of those would specifically restrict the rights of transgender people. The most bills ever targeting transgender people in a single year to date.
These so-called religious exemption laws are proliferating nationwide faster than most people probably realize. Marriage equality and anti-trans are the most visible right now. Still, we must remember the number of states that allow religious exemptions for other reasons.
- Twelve states permit state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, by claiming conflict with religious beliefs.
- Seven states have laws allowing healthcare providers to refuse treatment for LGBTQ people based on religious belief.
- Two states allow private businesses to refuse services for same-sex couples.
The pace of their attacks on our community is increasing at an alarming rate, which means we have to respond forcefully. Too many people, even in our families and community circles, don't understand the practical results of these pernicious bills.
The religious liberty argument seems okay to a casual observer like those I quoted above. Since it doesn't affect them directly, they are easily fooled by these word games. The right-wing understands this. That's why every bill is framed as "freedom" or some version of "individual liberty."
We have to make our voices heard. Keep talking to your family and friends. Call your legislators. Write letters. Call your local news organizations and demand fair coverage of these issues. Let them know the personal harms and real-world consequences of these laws.
We must be clear about naming what is happening. State-sponsored discrimination is not freedom. It is the first building block of fascism.
