This year, as marriage equality has gained ground, the religious freedom legislation appears to proliferate across the United States. Recently Indiana Governor Mike Pence signed a bill into law that he claims will protect religious liberty. What the law does is allow businesses and workers to refuse service to anyone they find objectionable, citing their religious beliefs. Legalized discrimination in public accommodations. If you are confused and think that, as private business owners, these places are not public accommodations let FindLaw explain:
Generally speaking, it may help to think of public accommodations as most (but not all) businesses or buildings that are open to (or offer services to) the general public. More specifically, the definition of a “public accommodation” can be broken down into two types of businesses/facilities:
- Government-owned/operated facilities, services and buildings
- Privately-owned/operated businesses, services, and buildings
To read more click here.
As anti-discrimination policies and laws have started including sexual orientation and gender identity as protect classes, LGBTQ people were protected from discrimination in the public spaces. With 36 states already allowing marriage equality and 56% (NORC survey) of Americans in support of this issue it is fairly clear that the anti-same-sex marriage campaign is on the losing end. Now, hiding behind religious freedom, opponents to civil rights for LGBTQ people are putting together bills that give them the right to discriminate.
Indiana is already facing #BoycottIndiana, my favorite tweet of which was:
— Thurman Nassoiy (@TNassoiy) March 27, 2015
Hopefully the bill is challenged in court or new legislation invalidates this but my question is how will these bills impact young people? Adults can move and boycott. Large businesses can move their operations and refuse to hold events, conferences, and conduct business. But what can a young LGBTQ kid do? What harm might come to them?
I engage in this question because the initial posts on this issue were about bakery owners refusing to bake a cake for a same-sex marriage. This action, while hurtful and definitely discriminatory did not strike the deep horror in some of my friends as it did in me. Getting a second tier cake, even given a potential bridesilla/groomzilla moment, seems harmless to them.
Lets fast forward to an instance reported in the Boston Globe: Lawmakers Approve Intolerance:
In February, a lesbian couple took their newborn daughter to her first appointment with a Michigan pediatrician they’d chosen months earlier. When they arrived, they were told that the doctor, after “much prayer,” decided she could not treat a child of lesbians.
As described in the article, all this reminds me of studying the Jim Crow tactics and racial segregation. There is a rising hostility even as LGBTQ folks gain equality in marriage. Examples already exist, such as Tyra Hunter in 1995 being denied and given inadequate care after a car accident and subsequently dying, of what this could look like at scale. News organizations maintain industry standards that discourage journalists from reporting details on suicide, thus silencing the final words of trans people as represented in the death of Aubrey Mariko Shine.
LGBTQ kids often do not have LGBTQ parents or community to support them in this adverse environment. What are they going to do? Reports from GLSEN and other youth focussed LGBTQ advocacy organizations show increased resiliency among openly LGBTQ youth even while facing increased victimization. How will this change if “public accommodation” can refuse them service?