The Raleigh Rant
The Law of Unintended Consequences
This spring The General Assembly of North Carolina passed a discriminatory law known as HB-2 that was directed at LGBT, especially transgender people. The rationale for the abrupt passage and signature, with no debate or discussion, was that it was a matter of public safety and quickly was tagged “the bathroom bill.” It was much broader than that and provoked not only demonstrations and condemnations across a broad spectrum of businesses, churches and organizations, but it also had an immediate and serious economic impact. Despite the fact that the reputation of the state had been severely damaged, the General Assembly refused to repeal the legislation so now it is headed into several lawsuits and countersuits.
Although the intent of the law clearly was to appeal to the radical right wing of the Republican Party in North Carolina that is largely rural, the effect of the law was to explode into a national debate on transgender issues. For an almost invisible minority even within the LGBT community, the mainstream media has devoted extensive coverage not only to the law but also to basic transgender issues. Of course, Caitlyn Jenner earlier had broken the silence with widespread coverage in the gossip magazines and cable channels, but that coverage was relatively limited in spite of her continuing self-promotion. Ordinary transgender people are news now, and profiles, features and human-interest stories appear in a wide variety of print and electronic media. Unwittingly, the General Assembly brought transgender issues out of the closet.
After the U.S. Supreme Court approved same-sex marriage last year, the backlash has taken the form of 100+ anti-LGBT laws in 22 states. Some are promoted as religious freedom, i.e. they allow people to ignore or opt out of anti-discrimination laws because of their religious beliefs. These state legislatures have taken a variety of approaches in passing laws that discriminate against LGBT people. A handful of US states and cities have passed laws or ordinances to protect LGBT people from discrimination in employment, housing, and public accommodations. North Carolina was the first to focus on transgender people’s use of public bathrooms. That strategy came out of a successful referendum in Houston that overturned a protective ordinance. The North Carolina law is the subject of four lawsuits in federal court; two on each side. The U.S. Department of Justice has filed suit against North Carolina for violation of the Civil Rights Act and has threatened to withhold federal funding until a decision is settled in court.
The Federal Employment Non-Discrimination Act (ENDA) that would add sexual orientation, gender expression, and gender identity as protected classes to existing laws has been lingering in Congress for 20 years. It appears that protection for LGBT people against discrimination is going to end up in the courts and may eventually find its way to the Supreme Court. No one is speculating if that may move as quickly (about 5 years) as the same-sex marriage cases did.
The legislative body of the United Methodist Church, the General Conference, once again dodged LGBT issues, and this time established a special commission with the members to be appointed by the Council of Bishops. The rationale is that the Book of Discipline (official church doctrine) forbids same-sex practices even though it is written and approved by the General Conference. Therefore they have the power (but not the votes) to change it. Although same-sex marriage is now legal in all 50 states, the General Conference has refused to allow it. Several other mainline Protestant Churches have accepted LGBT people to be ordained in the clergy, but the United Methodist Church either refuses to ordain them or brings them to trial if they publicly acknowledge their homosexuality. The trials are held at the discretion of the local bishop of the applicable Annual Conference and may result in withdrawing credentials (licenses) to preach. Therefore many Methodist ministers have left to join other denominations.
The United Methodist Church is bogged down in the political maneuvering over dogma the same way the politicians at both the federal and state level are choosing to use LGBT discrimination laws as a wedge issue for political pandering. Those who are non-affirming claim they only are protecting orthodox religious beliefs, but that also was true about slavery. Progress in civil rights in the U.S. has come slowly over a period of many decades, and that appears to be the case for many LGBT issues.
The following opinion piece appeared in the Toronto Star on June 22 about the Catholic Church’s position on homosexuality:
The following 28-minute video appeared on the Facebook page of the Virginia Conference of the United Methodist Church. It is a summary report by the clergy and lay delegates to General Conference and offers a rationale for the recommendation by the Council of Bishops to form a study commission on homosexuality and to report to a special called session in 2018 of the General Conference.
The article and the video summarize the controversy in the Christian Church over the issue of homosexuality. Both point to the fact that both clergy and laypersons are challenging the traditional dogma and doctrine of the church. In the case of the United Methodist Church, our doctrine is spelled out in The Book of Discipline. This was changed in 1972, and wording was added to establish a position about homosexuality. We’ve been arguing about it at every General Conference since then (held every four years.) This long argument over doctrine has weakened the vitality of the church and has taken energy from its primary mission of spreading the good news.
The General Conference is the legislative body; the various commissions, secretariats and Council of Bishops make up the executive branch; and the Judicial Council serves as the final authority on legal matters.
The report from the delegates of the Virginia Conference offered an inside look from the General Conference. It categorized the differences into four positions on same-sex marriage and ordination and noted the decline in membership in the American church. The result of the meeting in Portland was the appointment of a commission to make recommendations on how to preserve the unity and the vision of the church. The journalist who reported for the online edition of The Atlantic predicted a schism:
The Deadly Triangle
The Pulse incident in Orlando combined the combustible mixture of homophobia, religion, and assault weapons into an explosion that rocked the nation. The reactions have been all across the board, depending upon people’s political persuasions. The big question remains: will another mass shooting change public policy in any way?
We’ve already seen “religious freedom” bills that legalize homophobic bigotry as a backlash against same-sex marriage. We’ve seen transgender people singled out for particular discrimination. We’ve had numerous calls for new gun control laws and bans of assault weapons, and the other side says we need more guns. We’ve heard the about the terrible state of mental health services in the US. We’ve experienced a rapid growth of radical extremists of all stripes. We’ve hunkered down in a state of fear, confusion, blame, and dug into our entrenched positions like the bunkers of WWI. The bloody assaults continue in an expanding war zone, but solutions seem even further beyond the horizon.
Violence as a strategic weapon of political and religious zeal isn’t new; it’s as old as history. Only the players change on the world stage, and we’re witnessing act 2016. Some have described the tensions in the US as the culture wars and the rise of religious militias across the world as a push back against modernism. The difference is that the wars are not limited to national states or even regional conflicts, but now we seem to be at war with ourselves, even within the Christian community. On June 14, the North Carolina Values Coalition and Keep NC Safe held a press conference at the NC General Assembly building to promote HB 2. They said the Orlando killer was a radical Muslim terrorist and not a homophone. Other Christian ministers have praised the killer, and the Lt. Gov of Texas commented "reap what you sow.".
We have instantaneous communications all across the world, but little context or understanding of what is happening. We had two great wars in the 20th Century that devastated nations and cost millions of lives, but they were not a new phenomenon. They simply were grander in scale. The conflicts now are as much about ideology as nationalism. We shrug it off and say we can’t get rid of all the mad men who are full of anger and have the means to kill a lot of people. When we’re asked to pray for peace or comfort those who suffer, it has a hollow ring to it because we can’t see a path to the future.
Violence is still perceived as a viable resolution of conflicts. In a world of uncertainty, we strike out at each other rather than cooperate. We clamor for a small piece of hope that might provide some security while we lack good will and trust. Love will conquer all only when it is given a chance, and we only see glimpses of it here and there. All of the LGBT vigils across the nation this week have talked about love and grieved for the victims and their families. Many religious leaders and the President of the United States decried the violence against the LGBT community. Even the Governor of North Carolina lowered the flags in memory of the disaster. But a few inside the NC legislature and others still see the murders as God’s will. How can we dialogue with such a perverse group of people?
Status of NC HB 2
The Charlotte City Council tried negotiating with the leadership of the General Assembly to find a way to lessen the damages that are happening to the state’s economy, particularly Charlotte, which has been hard hit. The General Assembly refused to budge on HB 2, and the council voted to uphold its anti-discrimination ordinance so it has come to a stand-off.
HB 2 was merely North Carolina’s version of the backlash that has been occuring in legislatures across the nation against the decisions of the courts (at many levels) supporting LGBT rights. Some states have chosen to push “religious freedom” laws that provide exceptions that allow people to ignore or disobey federal laws and regulations simply by stating that those laws violate their religious beliefs. North Carolina chose a much broader approach striking down all LGBT minority rights, including those regarding employment, housing, and public accomodations. They nullified all local ordinances that provided protections for LGBT people. The General Assembly said they didn’t nullify any of the policies of private companies or corporations, only public entities, such as cities, schools, and universities.
These organizations are now caught in a bind between the President’s proclamation on transgender rights and their exclusion in HB 2. The result has been a series of lawsuits filed in opposition and in support of the law by state, federal, and private plaintiffs. It’s anyone’s guess how long these cases could be tied up in the courts. In the meantime, the economic impact continues to grow. Some rural legislators, who resent the urban booms, apparently don’t care about the impact of HB2 since the growth has largely missed the rural counties that are still hurting from the loss of manufacturing jobs from decades ago. They have been left behind in the information economy in spite of efforts to expand broadband internet access statewide.
It’s not just the politicians who are split on this issue, the churches are also divided. The more progressive denominations have moved on, but the fundamentalists still insist on the Old Testatment’s citations about homosexuality. Of course, those scriptures that cite such “abominations” also declare the same penalities for eating pork of shellfish. At that time there was no separation of church and state, and the health codes of a desert country with no refrigeration were reasonable in avoiding certain diseases. If the fundamentalists really believe in literally obeying all of the 613 rules of 1st Century Judaism, then they are behaving abominally for eating pulled pork.
The so-called culture wars are as much about education and economic class as religiosity. For the first 100 years of this nation, the Bible was cited as justifying slavery, and we fought a civil war over the divide. The abolition of slavery ruined the plantation economy and set back the South decades. The modern South with the right-to-work laws and air-conditioning brought jobs and migrants from the North. Then the small textile and furniture plants moved to even lower-wage countries, and those jobs aren’t coming back. So many rural residients still survive on subsistence farming, particularly with the loss of their major crop tobacco.
Especially in the past year we have been reminded that racism is still endemic on this country, and the idea of society accepting queers is even more threatening to the status quo. The folks on the bottom rung of the ladder need somebody to blame and to hate for their plight.
The struggle of HB 2 is just beginning.
In the month since NC HB 2 was passed, the outcry from businesses, churches, and many other organizations, the Governor and the leadership of the NC General Assembly have stonewalled all the opposition to the bill. They claimed that the bill was misinterpreted, manipulated by the media, and used by the opposition to further their agenda. The Governor appeared on NBC’s “Meet the Press,” even though he had avoided all questions from local media for weeks. According to him, it was all a big misunderstanding, and all that was required was a little dialogue to smooth out the rough spots. In spite of the fact that the bill was passed and signed within 12 hours with little opportunity for discussion even within the General Assembly, he only called for more discussion. They have tried to frame the debate as between Christians and secularists, but most Christians object.
The legislation already has caused severe damage to the reputation to the state, cost the loss of hundreds of jobs, and even the United Kingdom issued a warning about travel to North Carolina. The leaders have firmly stood their ground, ignored the protests, cancellations, and general ridicule. They have defended their actions based upon the principle of defending “the public safety” and the urgency of the legislation because a Charlotte Ordinance was about to go into effect. The ordinance was similar to dozens of other cities both nationally and within the state. In other words, they continue to pander to the radical right who has been roused by the big lie and fear mongering.
This legislation was a variation in the wording (but similar in effect) to legislation passed in other states defending “religious freedom,” which in several cases already have been overturned by the courts. This trend clearly is a reaction to the decision of the U.S. Supreme Court declaring the U.S. Defense of Marriage Act as unconstitutional. The result was to make same-sex marriage legal in all states. The so-called Culture Wars are in full passion and fit the mood of the hostile political debates that are dividing the nation before we even have an election.
The LGBT community has been the target of the radical right for decades as they cling to the social norms of the 19th Century and refuse to acknowledge that public opinion is against them. It really is a generational issue, where most young people could care less.
Unfortunately the dividing line runs between North Carolina and Mississippi and the rest of the nation, and the citizens of both states are suffering the consequences. There are six months until the elections, and the leadership of the North Carolina General Assembly has dug into the trenches and seems immune to the public outcry over their ill-considered actions. The attitude of the past five years of “We’re in political control, and we can do whatever we damn well please regardless of how stupid it may be.” Meanwhile, the poor, the unemployed, teachers, minorities, and nearly everyone besides Art Pope suffer the consequences.