Is there a need for “sexual orientation and gender identity” laws?

Over at The Public Discourse James Gottry argues that these laws are an answer to a non-existent problem. According to the article, there is no evidence of systemic discrimination against gay or transgender persons. These laws then have the effect of coercing people who hold traditional views to violate their conscience. You should read the whole thing, but here’s an excerpt:

In recent years, laws that provide special privileges to individuals based on their self-proclaimed gender identity or sexual preferences have emerged across the country. Commonly known as SOGI (Sexual Orientation and Gender Identity) laws, these legislative undertakings are typically fueled by activist groups and represent a subversive response to a nonexistent problem. Available data confirm there exists no significant social pattern or practice of unjust discrimination against these groups. This is not only because the vast majority of Americans already respect each other and are fair-minded, but also because anyone engaged in baseless discrimination faces the prospect of social and financial consequences brought on by public pressure and boycotts.
SOGI laws, however, use the full force of the law to punish individuals who seek to live peacefully and to work in a way that is consistent with their consciences. Elaine Huguenin, Barronelle Stutzman, Jack Phillips, and Blaine Adamson are just a few of the small business owners who gladly serve all people without exception, but who also face legal punishment because they declined to participate in certain events or to create custom art that would have violated their consciences. In Elaine’s case, she politely declined a request to use her expressive photography skills to tell the story of a same-sex commitment ceremony. Her attempt to remain peacefully true to her faith’s teachings about marriage led to a seven-year court battle that culminated in a ruling by the New Mexico Supreme Court against her and her husband, Jon. One justice stated that the Huguenins “now are compelled by law to compromise the very religious beliefs that inspire their lives,” and added that this compulsion “is the price of citizenship.”

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