It’s been nearly five years since Supreme Court Chief Justice John Roberts rocked conservatives’ world by casting the deciding vote in Obergefell v. Hodges, the case establishing equal marriage as the law of the land. Bowed but not broken, scores of anti-gay organizations, politicians, fundraisers and lobbyists have since redoubled efforts to advance their medieval theology of sexuality - diverting more human and financial resources to state-level activism.
This flow of resources to states is yielding concrete results. Case in point, the eight state legislatures (South Dakota, North Dakota, Kansas, Oklahoma, Texas, Mississippi, Alabama, Virginia) that have upheld the right of government-funded foster care and adoption agencies to reject LGBTQ+ persons applying for custody.
Uniformly justified under the usual banners of “personal morality” and “freedom of conscience,” a template has emerged from conservative victories, making it increasingly easier for other states to follow suit. And they are.
As of this deadline, it’s all but certain Tennessee will be added to the list: following the recipe so successful elsewhere, both GOP-dominated houses have endorsed a measure nearly identical to those states’ above. And Republican Gov. Bob Lee has signaled he will sign it.
The timing of this phobia frenzy among states is linked to a Trump administration effort to enact a similar policy at the federal level, thereby reversing Obama-era protections based on sexual orientation and gender identity. Motivated by the prospect of a 2020 Democratic victory, Republican officials are fast-tracking any and all related bills.
While these patently immoral uses of power should trouble Americans of every political and religious stripe, equally disturbing is the thinly veiled homophobia driving the reversals. Entirely in keeping with his cohorts in the other states that have passed such laws, Tennessee state GOP Sen. Paul Rose defended the right for government-funded adoption and foster care agencies to cater only to “traditional” families — a phrase he made clear as referring to a father and mother.
Much to their credit, progressive religious leaders and civil rights organizations in some of these states have sustained their opposition, using the struggle to forge alliances on related issues.
But legislatures and executives are rarely swayed by moral arguments these days - especially in the case of their own codified fear and loathing - thus, countering government-sanctioned discrimination always requires an economic strategy such as boycotts staged by large employers, civic centers, sports events and the hospitality industry.
In an ideal world, the state-level politicians who passed such oppressive and regressive laws would have consulted statistics on children adopted and fostered by LGBTQ+ Americans — became familiar with benchmarks and outcomes consistently equal to those parents and foster parents who identify as straight.
Better yet, they would have taken the time for testimony from frontline professionals who serve children, youth and entire families caught in a web of multi-generational poverty, substance misuse, lack of parenting skills or any number of factors most legislators cannot even conceptualize.
Back to this world, facts and empathy are not the currency of the Republicans spinning prejudice into law. What they and their allies seem to want is a return to their theological comfort zone.
Addendum: Every state has an alliance of agencies committed to diversity in sexual orientation and gender identity. There are also a number of LGBTQ+ groups that include advocacy, information and support on adoption and foster parenting. And try Lambda Legal for legal protections by state.
Don Rollins is a Unitarian Universalist minister living in Hendersonville, N.C. Email donaldlrollins@gmail.com.
From The Progressive Populist, February 15, 2020
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