Alabama Creating a Religious Jim Crow

On February 9th, same sex marriage became the law in Alabama. The grandstanding by Chief Justice Moore was a classic Governor Wallace move.  Probate judges refused to honor the federal court ruling. Marriages performed in other states are still not recognized in Alabama. Rev. Paul Hard’s case to have his marriage recognized on his partner’s death certificate continues.

Yesterday, Representative Hill fast-tracked a bill, using the infamous HB 56 nomenclature, that would legalize discrimination against couples whose relationships do not line up with judges religious convictions.  It would legalize discrimination against couples whose relationships are not recognized by religiously owned institutions.  If this bill is passed we could very well be seeing signs at court houses that say: “Straights only.” “Gays not welcomed” “No marriage licenses to divorcees will be issued.”  This bill would allow a judge to discriminate against a person  of a Non-Christian faith if the judge believes his faith is the one and only true faith. It allows the judge to stand in judgement over the Christian faiths that have welcomed and honor sexual and gender diversities as part of God’s universal love and will.  It would allow a religiously owned hospital to deny the partner, legally married, from seeing their spouse or from any consultation to the life and death situations the spouse may be facing.  Governor Bentley has already stated that he would not prosecute any judges that refuse to issue a marriage license to same sex couples, so this bill would essentially codify his intentions.

Imagine the torment already being experienced when a loved one is critically ill and the only hospital available will not allow the partner to see their loved one or to have any input into their medical care.  Imagine the exponential emotional trauma that this law will create for this family. This is what happened 50 years ago here under Jim Crow–it cost the lives of thousands who did not make it in time to a hospital that would treat a person of color.  Imagine a couple longing to experience the joys of parenthood being denied by the adoption agency purely on the basis of their same-sex marriage. Jim Crow is being resurrected again if this law is passed.  This time he wears the clerical garb of the inquisition. This is insulting and outrageous!

Read the bill as presented here.  The hearing is this afternoon at 1:30 in room 429.  A tiny room for a bill that will essentially codify a Religious Jim Crow in the State of Alabama.  We need to pack this room to over flowing to express outrage of this bill.

The original code that authorizes who may perform marriages in the state of Alabama is already Christian-centric.  It is already an offensive statute.  I have only included the language that refers to religious entities. It reads:

(a) Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; …
(b) …Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society.
(c) Quakers, Mennonites, or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.

This wording is already offensive. It creates a hierarchy of religious status in the state with Christians as the supreme religion and places Quakers and Mennonites as second class Christians by spelling them out. I recognize that the attempt is to include religious societies that do not have ordained clergy but the wording here is clear, Christians as defined by the State is the state recognized faith.  It is presumed that people are of a particular Christian sect. Sections B and C are afterthoughts.  I suppose section b of the code is meant to include Unitarian Universalists, Buddhists, Muslims, Sikhs, Earth-Centered faiths, Jains, Hindus, etc. Instead it sends a clear message of Christian supremacy.

The better wording to be clearly inclusive of the diversity of faiths celebrated in Alabama would be a revision of section b and have b alone in regard to religious entities.  Marriage may be solemnized by any designated person, so designated by any religious society according to the rules ordained or custom established by such society. period.  Designated person would include the clerk of the Quaker society, it would include the Imam of the Mosque, it would include the Priest of the Roman Catholic Church, it would include the Rabbi of a synagogue, it would include lay-led congregations. It would include all faiths without giving preference of one faith over any other.

But the current wording with the legal discrimination amendment strengthens the stance that the Christian faith, defined in a fundamentalist fashion, is the only faith accepted and recognized by the State of Alabama.  That stance is prohibited by the Constitution of the United States.  And that stance creates a religious Jim Crow law in the state of Alabama.

As a minister of a Unitarian Universalist Congregation, I do not want the members of my congregation to face the discrimination that this bill legalizes.  I do not want the LGBT, Inter-racial couples, and divorced members of my congregation to experience the emotional trauma that this law will create for them.  My faith teaches me that all people are created equal and are endowed with unalienable rights, including the pursuit of happiness with a person that they love and cherish.  I thought this was a common belief among all of our religions.  Sadly, I have been mistaken.

 

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