The Kansas House of Representatives just passed Rep. Charles Macheer’s HB 2453 on Tuesday, by a nearly 2 to 1 margin. This bill, as has been widely reported, is basically an attempt to allow discrimination against people on the basis of sexual orientation or gender identity, as long as the person doing the discrimination feels it their religious duty to be an ass. Secular discrimination would remain illegal. Seriously. So the lesson here is, if you want to be an ass, it’s best to be a religious ass. Rep. Charles Macheers – and in fact the Kansas House of Representatives – has your back. But that’s not all. Like the State of Oklahoma, Kansas can’t even do the wrong thing right. In 2010, one house of the Oklahoma legislature, in attempting to prevent hate-crime laws from being applied in cases of LGBT victims screwed up – they passed a bill that left gays protected, but stripped rights from victims of religiously and racially motivated hate crimes. Kansas, meanwhile, apparently means explicitly legalize religiously motivated hate, albeit not in the context of violent crime (as the hate crime law applied), but “just” in things like employment and government services. Jesus is pleased, I’m sure. For instance, HB 2453 reads, in part:
Notwithstanding any other provision of law, no individual or religious entity shall be required by any governmental entity to do any of the following, if it would be contrary to the sincerely held religious beliefs of the individual or religious entity regarding sex or gender:
(a) Provide any services, accommodations, advantages, facilities, goods, or privileges; provide counseling, adoption, foster care and other social services; or provide employment or employment benefits, related to, or related to the celebration of, any marriage, domestic partnership, civil union or similar arrangement;
(b) solemnize any marriage, domestic partnership, civil union or similar arrangement; or
(c) treat any marriage, domestic partnership, civil union or similar arrangement as valid.
While parts (b) and (c) are pretty awful, (a) is astonishing. Let me make this a bit more clear, because (a) has the clarity we have grown to expect from the anti-LGBT lobby. Here’s what (a) allows, at least when there isn’t a Federal law that would trump it:
- A DMV worker who feels that their religion doesn’t allow women to drive (like some in Saudi Arabia) could refuse to help the 50% of DMV “customers” who enter the local DMV. In small towns, this person might be the only one on-staff at times. Besides lightening their own workload, the person would receive protection from the State taking any personnel action against them.
- A woman showing up at a male doctor’s office could be refused care by the male doctor if a woman doctor is available or if she isn’t accompanied by the appropriate male relative. After all, again, some in Saudi Arabia believe this for religious reasons. All it takes is a sincere belief…
- A Christian who believes “women should always be under the authority of a man” could refuse to hire women into any supervisory role.
It’s a lot broader than these examples but that should be sufficient. Note that I don’t believe all Muslims or Christians are anti-woman, but, sadly, some are. Others are decent human beings. Sadly the decent human beings don’t seem to be making the laws in Kansas.
Of course one could also believe that the anti-woman provisions of this law just might not be an accident. After all, the religious right (by all accounts the true sponsor of this law) doesn’t just think homosexuality is wrong or that transgender people are “living in sin,” but they also believe something very interesting:
“Every child needs a mom and a dad” (warning: that link contains a lot of B.S., but demonstrates the view of those who use this argument in opposing marriage equality).
What exactly does “every child needs a mom and a dad” mean if it doesn’t mean that there are some things which are either only done, or only should be done, by one sex or the other? I suspect dad is to be the leader, while mom is to be homemaker. This proposed Kansas law would help accomplish that.