Humpty Dumpty lawmakers promote discrimination

House Bill 135 would protect a Christian's so-called "right" to disavow gay marriage, other LGBT-plus rights

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean -- neither more nor less.” -- "Alice in Wonderland," Lewis Carroll 

“War is peace. Freedom is slavery. Ignorance is strength.” -- "1984," George Orwell

By D. Reed Eckhardt

Humpty Dumpty knew the trick. So did Big Brother. Turn words upside down and then use them to bludgeon those with whom you disagree.

It's happening right now in the Wyoming Legislature. House Bill 135 (http://legisweb.state.wy.us/2017/Introduced/HB0135.pdf) is slyly titled, "The Government Anti-Discrimination Act."

But it has nothing to do with stopping discrimination. Rather, it would let one religious group -- Christians -- exercise outright discrimination against those with whom they disagree -- the LGBT-plus community. If you can't beat 'em in court, the thinking apparently goes, then beat 'em up in the Legislature.

HB 135 is a prime example of legislation that has popped up across the nation since the U.S. Supreme Court legalized gay marriage in 2015. Fundamentalist Christians and their fellow travelers are drawing a fresh line in the sand: If they can't stop gay marriage, at least they should not be made to recognize it. Instead, they now claim their own right: to discriminate based on their religious beliefs. Like Humpty Dumpty, they simply turn words back on themselves. It's the Christians, they say, who really are the victims of discrimination -- they are being forced to honor gay marriage -- and they demand legal protection. And their fellow Christian lawmakers are more than ready to step into the breach.

What HB 135 would do is prevent government -- in any form, at any level -- from "(taking) any discriminatory action against a person, wholly or partially on the basis that the person believes or acts in accordance with (their religious beliefs)." Those specific beliefs? That marriage is only between a man or a woman, and gender is determined only by genetics. And HB 135 offers a broad definition of "person:" "an individual, partnership, corporation, joint stock company or any other association or entity, public or private."

So what the sponsors of HB 135 are claiming is a broad right for Christians -- as well as their businesses and organizations -- to discriminate against LGBT-plus members in the areas of housing, employment and public services. But America already has been down this road. Religion is not a valid basis for discrimination. Efforts in the South to push back against blacks in the 1960s based on Bible beliefs were firmly rejected by the courts.

The U.S. Commission on Civil Rights recently said that a person's religion does not let him or her trump the rights of those with whom they are dealing. http://www.usccr.gov/pubs/Peaceful-Coexistence-09-07-16.PDF And the Supreme Court has ruled that the Constitution protects religious beliefs, not religious conduct. Thus, Christians cannot act to use their religion to override the civil rights of others. They may be religiously offended by a gay couple, but that does not allow them to discriminate.

Even if HB 135 passes, it is doubtful it will stand up to a challenge in court. Besides, Wyoming lawmakers have bigger issues to deal with this session. The legislation probably will -- and should -- be set aside as lawmakers struggle with budget deficits and education funding shortfalls.

Here's the thing: Christians in Wyoming have controlled the agenda and policies of Wyoming essentially since its founding. For them, equality in the Equality State has been about providing equal opportunity for everyone to conform to their norms.

But the times they are a-changin', and Humpty Dumpty language is not going to prevent that. HB 135 should die a quick death, and so should the falsehood that Christians are being discriminated against. A loss of power by the majority is not discrimination. Rather, it is a move toward a better balance between religious and non-religious Wyomingites. This proper swing in the pendulum cannot be prevented by denying LGBT-plus people their rights.

D. Reed Eckhardt is the former executive editor of the Wyoming Tribune Eagle.

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AN UPDATE

On Tuesday, Wyoming Equality issued the following bulletin:

Wyoming State Legislature is considering Anti-LGBT House Bill 135

The Wyoming State Legislature is considering a bill that, if passed, would become the most oppressive and wide-ranging anti-LGBT law in the nation.

HB 135 is scheduled to be voted upon by the Wyoming House Judiciary Committee this week, its first step toward becoming law. Please call and/or email members of this committee (contact info pasted below) and tell them to VOTE NO ON HB 135.

(Remember: Be firm but polite; introduce yourself and say where you're from; make your message personal)

Wyoming House Judiciary Committee

Dan Kirkbride (Chugwater)
Cell - (307) 331-2265
Dan.Kirkbride@wyoleg.gov

Mark Baker (Rock Springs)
Cell - (307) 371-5113
Mark.Baker@wyoleg.gov

Bo Biteman (Ranchester)
Cell - (307) 763-7613
Bo.Biteman@wyoleg.gov

Mark Jennings (Sheridan)
Cell - (307) 461-0697
Mark.Jennings@wyoleg.gov

Jared Olsen (Cheyenne)
Cell - (307) 509-0242
Jared.Olsen@wyoleg.gov

Charles Pelkey (Laramie)
Cell - (307) 920-0542
Charles.Pelkey@wyoleg.gov

Bill Pownall (Gillette)
Home - (307) 682-4148
Bill.Pownall@wyoleg.gov

Tim Salazar (Dubois)
Cell - (307) 220-1213
Tim.Salazar@wyoleg.gov

Nathan Winters (Thermopolis)
Home - (307) 864-3690
Nathan.Winters@wyoleg.gov