Across Alabama, local judges are openly defying a federal judicial order to grant marriage licenses to same-sex couples. The New York Times reported yesterday that 44 of the state’s 67 counties were not granting licenses. The state is a checkerboard, where gay and lesbian Alabamans are locked out of full citizenship across vast swaths of the state based on the whims of local officials.
As many observers have pointed out, this week’s events make Americans recall the state’s historic resistance to federal court orders striking down segregation. But they show us an image of the future, as well … or at least the future as the Far Right would have it.
Emboldened by the Supreme Court’s distortion of religious liberty in the Hobby Lobby case, some state legislatures are considering bills that would allow government officials to decline to perform marriages that offend them religiously. A number of states are also considering legislation to let people exempt themselves from anti-discrimination and other laws if compliance would offend them religiously. While misleadingly framed as protecting religious liberty, these bills are really intended to allow discrimination and to let conservatives impose their religious beliefs on others.
So what would America look like if we allowed such massive holes to be poked in laws that are supposed to protect everyone? What if lesbian and gay couples were legally treated as outsiders in their home communities, had fewer legal rights than anyone else in those communities, and had to travel anywhere from another neighborhood to another county to find a bakery willing to make a cake for them, a hotel willing to rent them a room for the night, or an employer willing to grant them spousal employment benefits? What if a woman’s ability to find adequate healthcare depended on finding an employer and a pharmacist with compatible religious beliefs? What if people’s basic rights varied depending on where they were, and upon the prevailing religious beliefs of people in the area? What would such a religiously balkanized nation look like?
It would look a lot like Alabama does today. And it would be ugly.
For decades, the Far Right has fought tooth and nail to impose their religious beliefs through government fiat. They have fought to prevent gays from marrying, to prevent women from exercising reproductive choice, to have public schools indoctrinate other people’s children with their own religious beliefs, … the list goes on. And when they fail at changing the laws to match their religion, they seek exemptions from those laws in the name of “religious liberty.”
As People For the American Way Senior Fellow Peter Montgomery has written in his most recent report, that isn’t what religious liberty is about. And it isn’t a vision of America that is true to our founding principles.