I was only a
toddler when the U.S Supreme Court outlawed segregation in public schools. I
have no memory of the ruling and its aftermath.
But I have long heard about the historic decision – among the most
important in the court’s history – and the strong, sometimes violent reaction
to it.
I learned about how
there were loud protests in the South, about how black students were jeered and
taunted and even attacked when they arrived on a “white” campus. I heard and read about schools and
communities trying to defy the new law, like school districts suddenly claiming
to be private or just ceasing to exist.
I understood that school desegregation didn’t happen overnight, that it
took years to implement and achieve.
The same is
happening more or less in the wake of last year’s Supreme Court’s ruling that
said that gay marriage can’t be banned anywhere in the U.S. This isn’t or shouldn’t be surprising. What is perhaps surprising is how the angry,
defiant reaction is more subtle and sneaky.
Yes, there has been
a county clerk or two or three refusing to give marriage certificates to
same-sex couples, but there haven’t been mobs blocking church doors and throwing
rocks at gay newlyweds as they leave the church.
Perhaps there were
more subtle reactions to the Brown vs. Board of Education ruling that I’m overlooking
or that I haven’t read about, but what we’re seeing in the wake of the gay
marriage ruling is more along the lines of bakers refusing to bake cakes and
photographers refusing to take pictures for same-sex weddings – or at least
trying to.
And this is being
done, we’re told, not as a protest against gay people but to protect religious
rights, religious freedom. We are told that providing services at gay weddings
and the like means that people have to do things that go against their beliefs
and religion. Laws are being enacted, as
in North Carolina, that allow people to refuse to provide services that violate
their religious beliefs.
This is tricky
stuff. Being able to act or not act on
one’s religious beliefs – religious freedom – is really important. As a Quaker, I cherish the ability not to
take part or contribute to warfare. But
when I carry out this freedom, I’m not hurting anyone or denying the rights of
others. It is hard to think that these
new state laws, which have been implemented in varying degrees of success and
often resisted, including with boycotts, are not a sneaky way to deny gay
people their rights.
All the more so
when the new laws go out of the way to make a point of doing so. For example, the North Carolina law prohibits
local ordinances, such as one enacted in Charlotte, against anti-gay
discrimination. What’s more, these laws
often encroach into areas that have nothing to do with gay marriage. Many, including the one in North Carolina,
even after some tweaking in response to public outcry and boycotts and that
many LGBT advocates called insubstantial and the Democratic attorney general,
Roy Cooper, labeled “a day late and a veto short,” require transgender people
to use the public restrooms and locker rooms that match the gender on their
birth certificates.
This battle over bathrooms and which ones
transgender people can use is particularly telling. It’s as if the anti-LGBT folks said that if
they can’t save marriage, they’ll go after bathrooms. It is argued that these restroom laws are to
protect privacy.
But I think a
comment made by North Carolina Republican State Senate Leader Phil Berger
reveals what the restroom laws and also the religious freedom laws are all
about. He criticized Atty. Gen. Cooper
and the “left-wing political correctness mob…who will never stop trashing North
Carolina until they achieve their goal of allowing any man into any women’s
bathroom or locker room at any time simply by claiming to feel like a woman.”
Yep, that’s an
actual quote from a state senator. Sure,
these people would love to go out and block church doors and riot over same-sex
newlyweds, but they’ve grown to be too sophisticated and smart for that.