The Raleigh Rant
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.
A sell-out crowd at the NC Policy Watch’s regular “Crucial Conversations” Tuesday heard a panel discussion on the law passed by the General Assembly last week (HB2) that rescinded the anti-discrimination ordinance recently amended by the Charlotte City Council. The new law applies to all public entities in the state (not just Charlotte) and is effective immediately.
Former legislator and Executive Director of the NC Justice Center Rick Glazier led off the discussion with a list of 18 legal issues with the law that was passed and signed in only 12 hours. Aside from the bizarre breach in legislative procedures, the law has resulted in many unintended consequences.
Mayor Jennifer Roberts of Charlotte was thankful for all of the support in spite of numerous hateful emails. She said, “Justice is not just for some people; it is for everyone.” The same ordinance has been on the books since 1968. They just recently added LGBTQ wording regarding sexual orientation, gender identity, and gender expression. Numerous public hearings were held, and the public supports the ordinance, which only mentions public accommodations, employment and housing. There also was no mention of setting a minimum wage; that issue was added and prohibited by the General Assembly. More than 200 cities have similar ordinances. She has lived in countries without the rule of law, where influence and corruption rule. She will be meeting with the city's lawyers to determine the impact of the new law. The response to HB 2 has been swift, as hundreds of hotel rooms have been canceled as film crews left and three conventions went elsewhere. They will continue to work against discrimination, but they have to live within state law.
Director of ACLU NC Chris Brook compared NC with the South Dakota governor and how he handled similar legislation. When you pass a law in 12 hours, you don't know what it contains and what the consequences may be. Public officials are questioning what the impact will be and how to deal with it. The U.S. Supreme Court struck down a Colorado state law that over ruled a similar ordinance in Boulder. He also explained the lawsuit that was filed Monday.
One of the plaintiffs in the lawsuit Joaquin Carcaño told his story that his insurance doesn't cover any transgender procedures or treatments. He works in HIV case management and travels extensively in rural areas, and now is fearful for his safety because of all the negative publicity about transgender people. He said, “We're not asking for special treatment; we only want to be treated like anyone else.” The law will encourage public threats of violence and has no practical means of enforcement nor does it cite any penalties for violating the law.
Robert Chandler with the Small Business Owners Organization noted that they employ half of the private work force. He commented, “We are a pragmatic and practical group, and two-thirds of our owners say the state should not deny LGBTQ people access to the same rights as others and would support federal legislation to enforce that.
Repeal of the legislation is unlikely since 72 state legislators are running unopposed in gerrymandered districts, and the majority who voted for HB2 did so because they could and don't face any political consequences. Enforcement of the law has now been handed over to the state Human Relations Commission, which was defunded last year. So it is unclear how it may be enforced or how quickly the lawsuit may be heard.
Although the general election is still eight months away, we’re in the midst of the primary season. I can’t turn on the TV without some political debate, town hall, political ad, or panel discussion on who’s winning or losing the primaries. The distinction between the two parties on the issue of homosexuality has never been starker. The Republicans still use us as the bogeyman, and the Democrats are finally pushing beyond grudging tolerance to full acceptance. Both parties seem fixated on same-sex marriage and never even mention discrimination in employment and housing. The federal employment non-discrimination act has been bottled up in the Congress for 20 years.
My intent is not to tell you to get out and vote Democratic; you probably wouldn’t be reading this blog if you were not already one. I won’t even argue against the shibboleths of the radical right that seem to make more outrageous statements every day. Even they can’t out-do Donald Trump.
One of the themes of my blogs has been the abuse of the Bible by using it as a weapon rather than a guide. Many in the LGBTQ community hate any organized religion for being hypocritical and not even following its own principles. Of course, the church is made up of people who are human and fallible. We’ve been debating dogma for centuries and have become even more fractured with the passage of time.
I belong to a small (10 – 12) Bible Study group who has managed to stay together for 12 years. We started with the Methodist Disciples series and have progressed to selecting studies on our own. A couple of years ago we used John MacArthur’s studies on Genesis and Exodus that were a challenge because of his fundamentalist interpretations of the Bible. He believed every word was literally true but conveniently skipped over sections that didn’t fit his theology and even made us some theories that weren’t in the Bible. He used the Bible to conform to what he believed, even when it became very convoluted at times.
We’ve recently started on Mark Strauss’s Four Portraits: One Jesus that is a study of the four Gospels. It includes a 531-page text, a series of videos, and workbook. He claims to be evangelical but not fundamentalist. We spent two years on Justo Gonzalez’s 2-volume history of Christianity. We used a couple of Ben Witherington’s III studies on the New Testament and the epistles of Paul. I read Peter Gomes The Good Book and Adam Hamilton’s Making Sense of the Bible even though we didn’t use them in class. We chose not to try the new Abington Press series Covenant, but another class in our church did.
I will admit that I’ve retained very little of the details of the studies with my fading memory and the passage of a decade. I feel like I’ve been through an extended but non-credited seminary. But I’ve learned that the traditions, myths, cultures, translations, and the variety of languages used in the earliest texts provide many opportunities for different interpretations, even of specific scriptures much less the intent of the entire canon.
We have learned as much from each other in our group discussions as we have from the texts, and although we have not used any of the original studies of John Wesley we have followed in his tradition.
I don’t cite any of this to claim to be an expert on the Bible, and I can quote very few passages from memory. But I will say that I’ve learned a lot about Christianity that I did not know even though I was raised as a preacher’s kid who has attended church and Sunday school my whole life.
The new Pope has been calling for Christians to work together more amicably rather than focusing on our differences and our perennial quarrels over dogma. He says we need to stick to the basic messages of Jesus, and I support that view.
Of course, the confusion only increases when politicians claim that their Christian beliefs support their various biases, bigotries, and manipulative demoguery. In fact, some have tried to co-op religion and use it as a political tool to further divide our nation on social, economic, and political issues. America was founded on the basis not only on the freedom of religion, but the freedom from a dominant religion. In the 18th Century most European countries had a state religion that was imposed upon everyone regardless of their beliefs. They fought hundreds of wars over centuries supposedly based upon religion differences, which in fact were simply struggles for power and dominion.
The Hebrew Bible, the Old and New Testaments, and the Koran can all be traced back to the concept of monotheism, i.e. a belief in one God. Civilizations up to and including Rome practiced religions with many Gods and no uniform dogma. Native American religions still feature many Gods.
So what is the point of this discussion about religion and the Bible? Well, for one thing, the preoccupation in public discussion about same-sex marriage has religious proponents on both side of the issue. Jesus spoke frequently of meeting the needs of the poor, yet we still treat them like pariahs. Before the zealots set the Middle East on fire, Moslems welcomed the stranger with great hospitality. Can’t we disagree without shooting each other?