Republican Anti-Gay Bigotry Threatens First Amendment
The First Amendment doesn’t need any help from Republicans, as the New York Times opines Sunday.
…congressional Republicans revived a nasty bit of business they call the First Amendment Defense Act. It would do many things, but one thing it would not do is defend the First Amendment. To the contrary, it would deliberately warp the bedrock principle of religious freedom under the Constitution.
The bill, versions of which have been circulating since 2013, gained a sudden wave of support after the Supreme Court legalized same-sex marriage nationwide. It is being hawked with the specter of clergy members being forced to officiate such marriages. This is a ploy, as the bill’s backers surely know: There has never been any doubt that the First Amendment protects members of the clergy from performing weddings against their will…
As critics of the bill quickly pointed out, the measure’s broad language — which also protects those who believe that “sexual relations are properly reserved to” heterosexual marriages alone — would permit discrimination against anyone who has sexual relations outside such a marriage. That would appear to include women who have children outside of marriage, a class generally protected by federal law.
This bizarre fixation on what grown-ups do in their bedrooms — which has long since been rejected by the Supreme Court and the vast majority of Americans — is bad enough. The bill makes matters worse by covering for-profit companies, which greatly multiplies the potential scope of discrimination against gays and lesbians.
These are radical proposals, but they are accepted without question by many in today’s Republican Party. In its current form, the bill has 148 co-sponsors in the House and 36 in the Senate — all Republicans but one, Representative Daniel Lipinski of Illinois. It has been endorsed by the Republican National Committee and at least four Republican presidential contenders. It is, in other words, a fair representation of right-wing reaction to the long overdue expansion of basic civil and constitutional rights to gays and lesbians.