On Tuesday morning, Mississippi Governor Phil Bryant signed into law HB 1523—the “Protecting Freedom of Conscience from Government Discrimination Act”—one of the most sweeping of the nation’s “religious liberty” bills that are making the rounds in numerous red-state capitals this year. In the press they are often referred to as “anti-LGBT bills,” because they would give legal cover to those who want to discriminate against LGBT people out of “sincerely held religious belief.” Critics such as Ben Needham, director of Human Rights Campaign’s Project One America, has said the measure is “probably the worst religious freedom bill to date.” But there is an even more radical agenda behind these bills, and the atrocious attempt to deprive LGBT Americans of their rights is only a part of it.
According to State Senator Jennifer Branning, one of the Mississippi law’s original backers, the real victims of the story are not the LGBT couples denied services but people “who cannot in good conscience provide services for a same-sex marriage.” These are the true targets of discrimination, and we are invited to sympathize with the proverbial florist who balks at providing flowers at a gay wedding or the restaurant owner who refuses to serve a same-sex couple celebrating their wedding anniversary. But the text of the law also specifically protects the “sincerely held religious belief” that “sexual relations are properly reserved to” a marriage between a woman and a man. So if you are religiously opposed to other people having non-marital sex, this could be the law for you.
It is also inaccurate to think that this law is just about those who wish to refuse to perform a service. One of the more disconcerting sections of the law is that which discusses people who provide foster-care services. The government, we are told, will no longer be allowed to take action against any foster parent that “guides, instructs, or raises a child…in a manner consistent with a sincerely held religious belief.” If you want to know what that could mean, check out Focus on the Family’s “spare the rod” philosophy of child rearing. On its website, the religious-right advocacy group offers handy tips on “the Biblical Approach to Spanking.”
If the point were only to spare the fine moral sentiments of a few florists, why would the law’s sponsors seek such a wide-ranging exemption from the laws and norms that apply to the rest of society? A helpful clue can be found in a letter that the American Family Association sent out in support of the Mississippi bill before it was passed. (The AFA has been named a “hate group” by the Southern Poverty Law Center since 2010.) The bill, said the AFA, is crucial because it protects the AFA, and groups like it, from the “governmental threat of losing their tax exempt status.”
There is a revealing irony in that statement. Tax exemption is a kind of gift from the government, a privilege. It is an indirect way of funneling money from taxpayers to groups that engage in certain kinds of activities (like charity work or nonprofit education)—and not other kinds of activities (like political activism). The AFA is right to worry about the governmental threat to their governmental subsidy. As our society views the kinds of activities they endorse with increasing skepticism, the justification for continued subsidies and privileges from the government will diminish.
The people who drafted the bill on behalf of the Mississippi legislators get it. (Most of the red-state “religious liberty” bills were either drafted or, to some degree, inspired by the Alliance Defending Freedom—the “800-pound gorilla” of religious-right legal advocacy and itself a beneficiary of the great tax exemption game.) This is why the very first “discriminatory action” by the government the law prohibits is “to alter in any way the tax treatment” of any person or organization that abides by the newly sanctioned religious beliefs.
It’s about more than money, of course. The AFA and its allies on the religious right want to carve out a sphere in American public life where religion—their religion—trumps the law. It’s a breathtakingly radical ambition. And it upends the principles on which our constitutional democracy is based.
None other than the late Antonin Scalia put his finger on the problem. To make an individual’s obedience to the law “contingent upon the law’s coincidence with his religious beliefs” amounts to “permitting him, by virtue of his beliefs, ‘to become a law unto himself,’” he said. It “contradicts both constitutional tradition and common sense.” Scalia made these comments in his 1990 majority opinion in Employment Division v. Smith. In that case, the majority ruled that the state of Oregon could deny unemployment benefits to a pair of individuals who violated a state ban on the use of peyote, even though their use of the drug was part of a religious ritual. It was the overreaction to that verdict—on both the left and the right—that produced the Religious Freedom Restoration Act (RFRA) of 1993. Though intended only to ensure that laws did not needlessly burden the religious liberty of individuals, the RFRA sparked a wave of unintended consequences. It effectively planted the demon seeds of the current crop of “religious liberty” bills.
Employment Division, as it happened, involved a religion—that practiced by the Native American Church—with which Scalia likely did not identify. Which brings up a crucial point about the Mississippi law and its numerous cousins. These “religious liberty” bills are really intended only for a particular variety of religion. Indeed, HB 1523 protects you only if your religion involves a specific set of beliefs—such as the religious belief that “man” and “woman” “refer to an individual’s immutable biological sex,” and that “sexual relations are properly reserved to” marriage. To speak frankly, the law was designed to advance the claims of conservative Christians, and it would never have become law otherwise. If you think that every religion will find as much liberty in the laws of Mississippi, then I have a Satanic temple to sell you.
Listen—to be, not to be, this is a tough question, O.K.? Very tough. A lot of people come up to me and ask, “Donald, what’s more noble? Getting hit every day with the slings, the bows, the arrows, the sea of troubles—or just giving up?” I mean, smart people, the best Ivy League schools.
But I say to them, “Have you ever thought that we don’t know—we don’t know—what dreams may come? Have you ever thought about that?” Ay yi yi—there’s the rub! There’s the rub right there. When we shuffle off this mortal whatever it is—coil? They say to me, “Donald, you’ve built this fantastic company, how’d you do it? How?” And I say one word: “leadership.” Because that’s what it’s all about, is leadership. And people are so grateful whenever I bring up this whole “perchance to dream” thing. So grateful.
And on and on with the whips and the scorns of time and the contumely and the fardels and the blah blah blah.
Then I see a bare bodkin and I’m like—a bodkin? What the hell is this thing, a bodkin? Listen, I run a very successful business, I employ thousands of people and I’m supposed to care whether this bodkin is bare or not? Sad!
And when people say I don’t have a conscience—trust me, I have a conscience, and it’s a very big conscience, O.K.? And the native hue of my resolution is not sicklied o’er, that’s a lie! If anyone tells you that the native hue of my resolution is sicklied o’er, they’re trying to sell you a load of you-know-what. And enterprises of great pith—listen, my enterprises are so pithy. So pithy. Fantastic pith. But sometimes, hey, they lose the name of action, right? I mean, it happens—it happens.
“Romeo and Juliet”
Quiet, quiet—shut up, over there! What’s coming through that window? A light, it is the east, and Melania—you know, people are always telling me, they say, “Mr. Trump, you’ve got a wonderful wife”—Melania, she’s sitting right there. Stand up, sweetheart. Isn’t she a beautiful woman, Melania? Gorgeous. I love women, they love me—and I think we all know what I mean, folks! I’m gonna do so well with the women in November. So well.
Melania’s the sun, is what a lot of people are saying. Hillary Clinton? I mean, with that face? She looks like the moon! She’s very envious, if you ask me, very envious, but can you blame her? Visit Trump Tower on Fifth Avenue—which is the best street in New York, by the way—I mean, who wouldn’t be envious? This moon, Hillary, is sick and pale with grief when she compares herself to Melania, who is a very beautiful woman, I have to admit.
Melania, she’s got a great cheek, it’s a wonderful cheek, a bright cheek, everyone knows it, the stars ought to be ashamed of themselves, ashamed. The brightness of her cheek would shame those stars. As daylight doth a lamp! Look at this, folks, how she leans her cheek upon her hand. If I were a glove upon that hand—first, let me tell you, I think we all know what I would do, because I bought the Miss Universe Pageant, very successful, so I know a thing or two about gorgeous women. And all this stuff about the gloves, and my hands—I have great hands, O.K.? Gimme a break.
Friends, Romans, folks—listen up. The reason I’m here is to bury Julius. It’s not to praise him. It’s just not. Brutus over there—we all know he’s a good guy, right? And he says Julius was low-energy. Is it a crime to be low-energy? Well, maybe it is, maybe it isn’t—who knows?
The point is, Brutus is a good guy, all these guys over there, the ones who did this, they’re all good guys—and Julius, Julius was my friend, a really terrific friend to me.
Julius—he brought a lot of captives home to Rome, filled a lot of coffers. Really fantastic coffers. Does that sound low-energy to you? And when the poor people, regular, hardworking, everyday Romans, cried—Julius did, too. He cried. I saw it with my own eyes—many, many times. But Brutus—Brutus says Julius was low-energy. And everyone knows that Brutus is a good guy, right?
You all saw that on the Lupercal, three times—three times—I tried to give Julius a kingly crown. And you should’ve seen this crown—this was a great crown, O.K.? Very, very kingly. And three times he said, “Nope.” Is this low-energy? Yet Brutus says he was low-energy—and, sure, sure, Brutus is a good guy.
I’m not here to say Brutus is lying, but I am here to speak what I do know. You all loved Julius once—so why not be a little sad, now that he’s dead? Just a little sad.
I’m sorry to say that the Roman Senate has been run by a bunch of morons for a long, long time. Morons! A lot of bad decisions—these guys, they’re like a bunch of animals. It makes me so sad. So sad. And I’m looking here at the coffin of my good friend, Mr. Caesar. Just a minute. (He pauses to wipe a tear from his eye.)
So we’re gonna build a wall! And who’s gonna pay for it? (The crowd shouts, “The Visigoths!”)
Tomorrow, and tomorrow, and yadda yadda, the days are going by—what I’m saying is this is gonna last a long time, believe you me. Long. I see this candle, and I say—should I blow it out?
Should I? Because, when you think about it, and there’s been some great polling on this, in fact there’s a new poll out from the Wall Street Journal—which is a terrific paper, by the way, they’ve won a lot of prizes—listen to this, they say blow out the candle. They do, they say blow it out.
People come up to me and say, “Mr. Trump, life is like a shadow,” and I’m like, “What? A shadow? I don’t get it, and, listen, I went to Wharton, O.K.—the top business school in the country. So I’m a smart guy, I’m a smart guy, it’s no secret.”
And what’s really interesting is I like to talk, and tell a tale, and that tale is gonna have a whole lotta sound, and a whole lotta fury, because that’s what the American people want to hear! They want to hear some sound and some fury sent to Washington for once in their lives, and, I mean, is that too much to ask? They want to hear me tell it, and they can decide what it signifies, but I’m saying right now—it’s gonna sound great, I guarantee it. Absolutely, a hundred and ten per cent, just really, really great. O.K.?