{"id":202700,"date":"2017-06-30T17:08:29","date_gmt":"2017-06-30T21:08:29","guid":{"rendered":"http:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/religious-freedom-laws-are-more-about-suppressing-visibility-than-protecting-the-pious-slate-magazine-blog\/"},"modified":"2017-06-30T17:08:29","modified_gmt":"2017-06-30T21:08:29","slug":"religious-freedom-laws-are-more-about-suppressing-visibility-than-protecting-the-pious-slate-magazine-blog","status":"publish","type":"post","link":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/freedom\/religious-freedom-laws-are-more-about-suppressing-visibility-than-protecting-the-pious-slate-magazine-blog\/","title":{"rendered":"Religious Freedom Laws Are More About Suppressing Visibility Than Protecting the Pious &#8211; Slate Magazine (blog)"},"content":{"rendered":"<p><p>They      don't want to see us.      <\/p>\n<p>        Thinkstock      <\/p>\n<p>      Hey, Daddy! is a monthly column exploring the joys and      struggles of parenting from a gay fathers perspective. Got a      topic idea or question for Daddy? Send your      letteralong to      <a href=\"mailto:johnculhane@comcast.net\">johnculhane@comcast.net<\/a>.    <\/p>\n<p>      Discrimination threatens LGBTQ visibility by encouraging      subterfuge. I know from experience.    <\/p>\n<p>      When David and I were foster parenting our daughters, I was      in court for a remarkable exchange. Even though the status      hearing to discuss the birth mothers progress wasnt      supposed to be about usexcept to make sure the girls were in      an appropriate placethe attorney for the birth mother went      down an unexpected path. He asked the city worker for the      names of the foster parents. Taken aback, she      provided them, and the attorney then repeated them, loudly,      for the benefit of the court: John and      David, Your Honor.    <\/p>\n<p>      This revelation put the judge on high alert. In his chambers      before the next hearing, he expressed concern that the girls      were with two men. (One of the attorneys ratted him out to      me, a courageous act for which I will be forever grateful.)      The judges concern had real consequences. He entertained a      ridiculous suggestion that would have torn the girls away      from us after a year, and prolonged the termination of      parental rights process for about a year beyond what the law      and the evidence called for. (Only after that step was      completed were we able to adopt our children.)    <\/p>\n<p>      It would have been worse had the law not been on our side.      Philadelphias antidiscrimination law protects the LGBTQ      community, so I was able to work behind the scenes to move      the case to a just resolution. Without that law, there would      have been no effective way to get the judge to do the right      thing. Since we couldnt marry at that time in Pennsylvania      in any case, without the laws protection we probably would      have been advised to hide our relationship, and for one of us      to have entered the foster\/adopt rolls as a single parent.    <\/p>\n<p>            J. BRYAN LOWDER          <\/p>\n<p>            The AIDS Crisis Robbed Queers of Lives and Culture. A            New Video Project Aims to Give It All Back.          <\/p>\n<p>            CHRISTINA CAUTERUCCI          <\/p>\n<p>            Can Gender Non-Binary Folks See Themselves in Emoji?          <\/p>\n<p>            JOHN CULHANE          <\/p>\n<p>            The Real Goal of Religious Freedom Laws? Making Queer            People Go Back Into the Closet.          <\/p>\n<p>            MIKE MIKSCHE          <\/p>\n<p>            In an Era of Closing Leather Bars and Harness-Wearing            Poseurs, Where Are the Real Leather Men?          <\/p>\n<p>            HARI ZIYAD          <\/p>\n<p>            Mainstream LGBTQ Activism Is Built on Visibility. But            What if Thats Inherently Anti-Black?          <\/p>\n<p>      Although Philadelphia has a law that outlaws discrimination      on the basis of sexual orientation or gender identity (SOGI),      Pennsylvania offers no similar protection. People can be      fired for coming out at work and denied basic goods and      services available to the general public. Thats also true in      about half the states, even as of this writing. And this lack      of protection has real-world consequences. When I lived in      Dallas for a few months, I was shocked by the tiny pool that      the LGBTQ swim team occupied. I was even more aghast when I      learned that the team had been turned away from a much more      suitable location expressly because it was gay-identified.      Many of the gay men I met there were closetedwhich is      exactly the result youd expect when people know they can be      treated so crappily when they come out.    <\/p>\n<p>      These experiences were very much on my mind as I read      Debating Religious Liberty and Discrimination, the      new book pitting John Corvino against Ryan Anderson and      Sherif Girgis. Corvino, a philosophy professor, has long been      one of the leading public intellectuals arguing for a      progressive, but not radical, LGBTQ rights regime. Anderson      and Girgis are best known for writing, with Robert George,      What is Marriage?, a book that presents a natural      law argument for defining and limiting marriage to the union      of one man and one woman. (Echoes of their argument about the      natural complementarity of mothers and fathers can be found      in Justice Alitos dissent in Obergefell v. Hodges,      the 2015 Supreme Court marriage-equality decision.)    <\/p>\n<p>      As the title suggests, Debating Religious Liberty and      Discrimination is a chapter-by-chapter volley between      the combatants. They argue over the wisdom of religious      freedom restoration acts, which excuse non-compliance with      various laws. Among those laws, of course, are SOGI      antidiscrimination statutes. In an unexpected twist, Corvino      is forced to spend much of his time and space making what      should be the easy case for such laws, because Anderson and      Girgis think they arent needed in the first place. For them,      religious exemptions need not even arise in the case of      anti-LGBTQ discrimination, because such discrimination should      be perfectly legal.    <\/p>\n<p>      Their argument, in a twisted nutshell, is that the strongest      grounds for enacting SOGI lawsdenials of housing, or      employment, or medical careare mercifully rare to vanishing.      So are denials in public accommodations. Tell that to any      trans-person caught up by laws mandating that they use      restrooms inconsistent with their gender identity. (They also      suffer extensive discrimination in other public      accommodations.) More centrally, as Corvino points out,      there is a substantial literature demonstrating not only the      harms of anti-LGBT discrimination but also the effectiveness      of antidiscrimination law in ameliorating it.    <\/p>\n<p>      Anti-discrimination laws are important not just for the legal      protections and recourse they create, but also for their      teaching function. As Supreme Court Justice Anthony Kennedy      stated in a 1996 case, enumeration is the essential device      used to make the duty not to discriminate concrete; naming      protects the group in question and serves the laws important      signaling function. By stating that racial, gender,      disability, SOGI and, yes, religion are protected,      antidiscrimination laws have vital secondary effects. As      Corvino points out, they reduce the incidence of hate crimes      and cut down on stigmawhich is itself a risk factor for      discrimination, anxiety, and even suicide.    <\/p>\n<p>      Anderson and Girgis ignore these concerns. But just in case      there are SOGI laws, they argue in support of      businesses that would just rather not deal with LGBTQ couples      trying to use wedding-related services: Their rights to      public accommodation, not to mention just being themselves in      public, should be trumped by the business owners rights to      invoke religious exemptions. After all, they say, its not      the parties sexual orientation the business owners object      to, but their conduct in marrying.    <\/p>\n<p>      Corvino skillfully picks this nonsense apart, noting that      Anderson and Girgis arent as skeptical of other      antidiscrimination laws. He wonders whether they would      support a motel owner who refused to rent a room to a      Catholic couple on the grounds that they werent true      Christians. (I have a guess: They wouldnt.) His peroration      is devastating: Religious freedom laws are not really about      freedom. Theyre about signaling disapproval for certain      forms of life. Their proponents want freedom for themselves      that they proudly oppose for LGBT citizens: the freedom to      marry, [and] the freedom to enter the commercial sphere      without the threat of discrimination. Its a double      standard.    <\/p>\n<p>      Legal protections, even where they exist, are hardly a      panacea. When I returned from Dallas, secure in the belief      that what happened there could never happen to my      Philadelphia LGBTQ swim team, I was coaching one evening      when the coach of the youth diving team, which used the      diving well right next to the pool, approached me angrily to      complain that two of the guys had kissed each other on the      pool deck. (Kids dont need to see that!) Never mind that      he was likely the only one who even noticed the kiss. Never      mind that on a diving team there were sure to be      some young gay divers. (Greg Louganis, Tom Daley  ) Never      mind that a similar, utterly chaste kiss between a man and a      woman would have gone unremarked. A few weeks later, we were      kicked out. So were all other outside groups that had been      renting the pool. Although wed never be able to prove it,      that one kiss had caused a cataclysm, culminating in a      camouflaging wholesale policy change.    <\/p>\n<p>      Thats the kind of visibility-punishing outcome Girgis and      Anderson are after. They turn the facts of the world upside      down, ignoring the deep homo- and transphobia that       still persists even today and casting the vast Christian      majority as the true victims. The universe theyd prefer to      inhabit would drive LGBTQ people back into a closet, afraid      that visibility would compromise their jobs, their safety,      and even their lives. For some, thats already the reality.      We cant afford to fall further back.    <\/p>\n<p><!-- Auto Generated --><\/p>\n<p>Read more: <\/p>\n<p><a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.slate.com\/blogs\/outward\/2017\/06\/30\/religious_freedom_laws_suppress_visibility_for_the_benefit_of_the_pious.html\" title=\"Religious Freedom Laws Are More About Suppressing Visibility Than Protecting the Pious - Slate Magazine (blog)\">Religious Freedom Laws Are More About Suppressing Visibility Than Protecting the Pious - Slate Magazine (blog)<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p> They don't want to see us.  <a href=\"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/freedom\/religious-freedom-laws-are-more-about-suppressing-visibility-than-protecting-the-pious-slate-magazine-blog\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[187727],"tags":[],"class_list":["post-202700","post","type-post","status-publish","format-standard","hentry","category-freedom"],"_links":{"self":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/posts\/202700"}],"collection":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/comments?post=202700"}],"version-history":[{"count":0,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/posts\/202700\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/media?parent=202700"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/categories?post=202700"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.euvolution.com\/prometheism-transhumanism-posthumanism\/wp-json\/wp\/v2\/tags?post=202700"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}