ACLU: Discriminatory anti-LGBT bills advance in states

by Sara Ritsch
Staff Writer

Mississippi Governor Phil Bryant signed a bill into law today that will allow employers to refuse service to gay couples after a rapid concurrence late last week by the state Senate.

According to the ACLU, “HB 1523 would sanction discrimination by individuals, businesses, religiously-affiliated organizations – including hospitals, schools, shelters and others – against LGBT people, single mothers, and vulnerable young people in Mississippi. 

“While no other state has passed a law like this, Mississippi also has the dubious distinction of being the first state to codify discrimination based on a religious belief or moral conviction that transgender people do not exist.

“Another discriminatory bill in Tennessee, HB2414/SB 2387, has been resurrected by anti-transgender lawmakers who want to enshrine discrimination into law by prohibiting transgender Tennessee students from accessing the restrooms and other sex-segregated facilities that correspond with their gender identity.”

ACLU released a statement via a telephone media briefing and Q&A with ACLU political and litigation experts.

Host Steve Smith began to discuss “the latest happenings with anti-LGBT bills all over the country.” With him were James Essecks, director of ACLU LGBT and HIV Project' Chase Strangio, Staff Attorney of ACLU LGBT and HIV Project; Rose Saxe, Senior Staff Attorney of ACLU and LGBT Project; Erik Fleming, Director of Advocacy and Policy of ACLU Mississippi; and Chris Brook of ACLU North Carolina.

James Essecks, Director of the ACLU HIV Project, started with “what’s going on in movement at the moment. Some thought [after Obergefell] that the movement had succeeded; that we were done. That is not where we were,” he said.

There are “milestones, including obtaining nondiscrimination rights for LGBT people nationwide. The efforts that preexisted by opponents have ramped up,” Essecks continues. “An effort to exploit transphobia, exploit the country’s lack of understanding transgender people. [An effort to] stop LGBT equality broadly. An effort to pass preemption bills that would stop cities and counties from having their own protections.

“Regardless of the flavor of the bills, these bills all come from same place – opposition to LGBT people and LGBT equality. The American public opinion is going the other way, towards increasing acceptance and protections. The vast majority [of these anti-LGBT bills] are failing in legislature, but some are passing.

“There are very serious threats in other bills not voted yet. The ones passing are outliers in very conservative states and legislatures. They do not indicate where the country is going on this issue.”

Chase Strangio joined the conversation, saying, “One thing we know is regardless what happens, the conversations about transgender people have been harmful to the community. The rhetoric, the bathroom predator myth, the anti-trans sentiment from state governments – it’s important to make sure transgender people can participate in public life across the country.”

Tennessee is currently attempting to make it impossible to ever change birth certificates. In the wake of this Mississippi law and other bills being introduced, she said, “[We] take very seriously the legislative attacks and the fact that these bills are becoming law.”

Rose Saxe then spoke up. “We are also seeing the continuous push of religious exemption bills. [There have been] nearly 200 this session in over half the states.”

When it comes to Mississippi, “If you have a religious belief that there should be no sex outside of marriage, [now this means you] can deny shelter to an unmarried single mom...no marriage licenses to gay couples, refuse transgender people to use restroom facilities, turn away customers for birth announcements, wedding dresses and more – even emergency service providers can discriminate.”

Saxe calls this “sweeping discrimination,” despite the pro-LGBT teaming of Dow, Google, AT&T, Monsanto and the Kansas City Sports Commission, who have fought hard for LGBT rights and awareness this past month.

So what happens next for the ACLU?

“We have to examine closely what next action we’ll take, legal or what have you. We are disappointed. We were hoping that business communities stepping up way they did, and other people of faith [sic], would at least have them inflect, but unfortunately it went on the fast track. We are doing our due diligence to examine next step carefully.”

In response to HB 1523, the ACLU released a statement:

Gov. Bryant Approves Law that Would Harm Thousands of Mississippians

Jackson, Miss. – Governor Phil Bryant has signed HB 1523 into law after rapid movement on the bill by the state House of Representatives. The law, which is set to go into effect in July, sanctions discrimination by individuals, businesses, religiously-affiliated organizations - including hospitals, schools, shelters and others – against LGBT people, single mothers, and vulnerable young people in Mississippi.  While no other state has passed a law like this, Mississippi also has the dubious distinction of being the first state to codify discrimination based on a religious belief or moral conviction that members of the LGBTQ community do not matter. Jennifer Riley-Collins, Executive Director of the American Civil Liberties Union of Mississippi, had the following reaction:

"This is a sad day for the state of Mississippi and for the thousands of Mississippians who can now be turned away from businesses, refused marriage licenses, or denied housing, essential services and needed care based on who they are. This bill flies in the face of the basic American principles of fairness, justice and equality and will not protect anyone's religious liberty. Far from protecting anyone from 'government discrimination' as the bill claims, it is an attack on the citizens of our state, and it will serve as the Magnolia State's badge of shame."

The American Civil Liberties Union is fighting anti-LGBT laws across the country. Earlier this week, the ACLU, the ACLU of North Carolina, Lambda Legal and Equality North Carolina filed a lawsuit challenging North Carolina's sweeping anti-LGBT law. The ACLU and its 53 state affiliates are following other bills elsewhere, pressuring lawmakers to not enshrine bigotry into law, urge gubernatorial vetoes and demanding repeal as needed.

The Gayly – 4/5/2016 @ 12:33 p.m. CST