When ‘Religious Liberty’ Was Used To Justify Racism Instead Of Homophobia

KKK members marching into a Baptist church

From following a number of anti-gay "family values" organizations for many years and reading the inflammatory rants and deliberately false information on their websites, I long ago came to recognizes that these organizations are comprised of leaders and members who are either former segregationists and/or their descendants.  Tony Perkins, the head of Family Research Council, has clear ties to white supremacy organizations and has spoken at their gatherings.  And like the segregationists of a half century ago, today's anti-gay forces are trying desperately to use the cloak of "religious freedom" to ennoble and justify their hate and bigotry.  Think Progress has a piece that looks at how the same claims we are hearing today were used decades ago to justify out right racism and anti-black discrimination.  What I continue to find shocking is the way in which black pastors refuse to recognize that they are being used by the same forces who supported "segregation forever."  Here are article excerpts:

“Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.”

– Judge Leon M. Bazile, January 6, 1959

The most remarkable thing about Arizona’s “License To Discriminate” bill is how quickly it became anathema, even among Republicans. Both 2008 GOP presidential candidate John McCain and 2012 GOP presidential candidate Mitt Romney called upon Arizona Gov. Jan Brewer to veto this effort to protect businesses that want to discriminate against gay people. So did Arizona’s other senator, Jeff Flake. And former House Speaker Newt Gingrich. 

The premise of the bill is that discrimination becomes acceptable so long as it is packaged inside a religious wrapper. As Arizona state Rep. Eddie Farnsworth (R) explained, lawmakers introduced it in response to instances where anti-gay business owners in other states were “punished for their religious beliefs” after they denied service to gay customers in violation of a state anti-discrimination law.

Yet, while LGBT Americans are the current target of this effort to repackage prejudice as “religious liberty,” they are hardly the first. To the contrary, as Wake Forest law Professor Michael Kent Curtis explained in a 2012 law review article, many segregationists justified racial bigotry on the very same grounds that religious conservatives now hope to justify anti-gay animus. In the words of one professor at a prominent Mississippi Baptist institution, “our Southern segregation way is the Christian way . . . . [God] was the original segregationist.”

Theodore Bilbo was one of Mississippi’s great demagogues. After two non-consecutive terms as governor, Bilbo won a U.S. Senate . . .  Bilbo proclaimed during his successful reelection campaign in 1946. He was a proud member of the Ku Klux Klan, telling Meet the Press that same year that “[n]o man can leave the Klan. He takes an oath not to do that. Once a Ku Klux, always a Ku Klux.” During a filibuster of an anti-lynching bill, Bilbo claimed that the bill

will open the floodgates of hell in the South. Raping, mobbing, lynching, race riots, and crime will be increased a thousandfold; and upon your garments and the garments of those who are responsible for the passage of the measure will be the blood of the raped and outraged daughters of Dixie, as well as the blood of the perpetrators of these crimes that the red-blooded Anglo-Saxon White Southern men will not tolerate.

For Senator Bilbo, however, racism was more that just an ideology, it was a sincerely held religious belief. In a book entitled Take Your Choice: Separation or Mongrelization, Bilbo wrote that “[p]urity of race is a gift of God . . . . And God, in his infinite wisdom, has so ordained it that when man destroys his racial purity, it can never be redeemed.” Allowing “the blood of the races [to] mix,” according to Bilbo, was a direct attack on the “Divine plan of God.” There “is every reason to believe that miscegenation and amalgamation are sins of man in direct defiance to the will of God.”

In 1901, Georgia Gov. Allen Candler defended unequal public schooling for African Americans on the grounds that “God made them negroes and we cannot by education make them white folks.” After the Supreme Court ordered public schools integrated in Brown v. Board of Education, many segregationists cited their own faith as justification for official racism. Ross Barnett won Mississippi’s governorship in a landslide in 1960 after claiming that “the good Lord was the original segregationist.” Senator Harry Byrd of Virginia relied on passages from Genesis, Leviticus and Matthew when he spoke out against the civil rights law banning employment discrimination and whites-only lunch counters on the Senate floor.

Although the Supreme Court never considered whether Bilbo, Candler, Barnett or Byrd’s religious beliefs gave them a license to engage in race discrimination, a very similar case did reach the justices in 1983.  Bob Jones University excluded African Americans completely until the early 1970s, when it began permitting black students to attend so long as they were married. . . . As a result, the Internal Revenue Service revoked Bob Jones’ tax-exempt status.

When Bob Jones’ case reached the Supreme Court, the school argued that IRS’ regulations denying tax exemptions to racist institutions “cannot constitutionally be applied to schools that engage in racial discrimination on the basis of sincerely held religious beliefs.” But the justices did not bite. In an 8-1 decision by conservative Chief Justice Warren Burger, the Court explained that “[o]n occasion this Court has found certain governmental interests so compelling as to allow even regulations prohibiting religiously based conduct.” Prohibiting race discrimination is one of these interests.

Ultimately, the question facing anti-gay business owners, even if the bill Brewer vetoed had become law, is why it is acceptable to exclude gay people simply because of who they are, when we do not permit this sort of behavior by racists such as Bilbo or Byrd? And there is another, equally difficult question facing advocates of the kind of sweeping “religious liberty” protected by the Arizona bill — why should we allow people to impose their religious beliefs upon others?

I recommend a read of the full article.  In answer to the last  last question posed above, there is no reason why we should allow one set of people - the Christofascists - to impose their religious beliefs on others.  In fact, for the state to do so is a violation of the United States Constitution which guarantees religious freedom to all citizens, not just Christofascists.