Arizona legislature passes bill legitimizing discrimination against homosexuals

Saturday, February 22, 2014

Good morning:

When the going gets tough, the hypocritical and willfully ignorant right-wing-hate-machine in Arizona gets weird.

Standing the First Amendment on its head the Arizona legislature has passed a bill legitimizing discrimination by businesses against homosexuals.

If signed into law by Governor Jan Brewer, the law would permit business owners with sincerely held religious beliefs to refuse service to homosexuals. It also would create a legal defense for any business, church or person to assert in any action brought by the government or an individual claiming discrimination, and it would authorize the business, church or person to seek an injunction prohibiting the government or an individual from claiming discrimination (1) once they show that their actions are based on a sincere religious belief and (2) the claim places a burden on the free exercise of their religious beliefs.

The First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

These fools do not understand the difference between between belief and action. In 1879 Chief Justice Waite of the United States Supreme Court (SCOTUS) wrote in Reynolds v. United States, 98 U.S. 145 (1879),

Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order.

/snip/

[to rule otherwise], would be to make the professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself. Government would exist only in name under such circumstances.

The Court used human sacrifice as an example of a religious practice that the law can prohibit.

Wiki provides a good summary of developments since the SCOTUS decided Reynolds.

In Cantwell v. State of Connecticut the Court held that the free exercise of religion is one of the “liberties” protected by the due process clause of the 14th Amendment and thus applied it to the states. The freedom to believe is absolute, but the freedom to act is not absolute.

In Sherbert v. Verner (1963), the Supreme Court required states to meet the “strict scrutiny” standard when refusing to accommodate religiously motivated conduct. This meant that a government needed to have a “compelling interest” regarding such a refusal. The case involved Adele Sherbert, who was denied unemployment benefits by South Carolina because she refused to work on Saturdays, something forbidden by her Seventh-day Adventist faith. In Wisconsin v. Yoder (1972), the Court ruled that a law that “unduly burdens the practice of religion” without a compelling interest, even though it might be “neutral on its face,” would be unconstitutional.

The need for a compelling interest was narrowed in Employment Division v. Smith (1990), which held no such interest was required under the Free Exercise Clause regarding a law that does not target a particular religious practice. In Church of Lukumi Babalu Aye v. City of Hialeah (1993), the Supreme Court ruled Hialeah had passed an ordinance banning ritual slaughter, a practice central to the Santería religion, while providing exceptions for some practices such as the kosher slaughter. Since the ordinance was not “generally applicable,” the Court ruled that it needed to have a compelling interest, which it failed to have, and so was declared unconstitutional.

In 1993, the Congress passed the Religious Freedom Restoration Act (RFRA), which sought to restore the compelling interest requirement applied in Sherbert and Yoder. In City of Boerne v. Flores (1997), the Court struck down the provisions of the Act that forced state and local governments to provide protections exceeding those required by the First Amendment on the grounds that while the Congress could enforce the Supreme Court’s interpretation of a constitutional right, the Congress could not impose its own interpretation on states and localities. According to the court’s ruling in Gonzales v. UDV (2006), RFRA remains applicable to federal laws and so those laws must still have a “compelling interest”.

[citations omitted]

The Arizona legislature can cite to no compelling state interest to support or justify this proposed law legitimizing discrimination against homosexuals other than discrimination for the sake of discrimination.

Next steps these fools will take, if Governor Brewer signs this POS bill into law, probably will be to pass bills legitimizing slavery and the human sacrifice of homosexuals, illegal immigrants, minorities and the mentally ill as activities that cannot be prohibited by the Free Exercise of Religion Clause.

I don’t know about y’all, but I have had enough of these disgusting racist and homophobic fools.

Time to call them out for what they are, mock them relentlessly and boycott Arizona until the voters replace them with representatives who respect the rights of all people regardless of race, gender, sexual preference and religious belief.

A good beginning, if Governor Brewer signs the bill into law would be to petition the NFL to move next year’s Superbowl from Arizona to another location outside of Arizona and boycott Arizona and the Superbowl, if the NFL refuses to do so.

54 Responses to Arizona legislature passes bill legitimizing discrimination against homosexuals

  1. ed nelson says:

    Well I ain’t the expert. But the noted author who is one of my favorite truth sayers, Gore Vidal has said if I gather… that there is no such thing as a ”homosexual”. I agree with him, he who has a smidgeon of intelligence, or was.

    All of… mammals, are like humans, dogs, COWs… take a little look into the biology… (take a look at the real ways that the difference in the sexual differentiation, comes to be.

    Sometimes it isn’t really too complete and you get one called a… “hermorphodite”… Sometimes you get a cute gal with half a penie!. sometimes you might get a… Baritone 300# hansome actor, … (with a cunt??? No NO NO, that never happened. But you wait, they are workin’ on that, and, uh, it isn’t too far off either… Jeesus Chistopher look out what you say… I mean who wants to go down as a notch on somebody’s kill list, especially one of those queer types.

    My bottom line is: we all are not to be confined to any defined condition that would be known in the sexual context, as one or the other, because you my friend are only one halve of a whole, of which you will spend your life to unravel, so don’t be too quick to pronounce any particular affinity, you are new here, you don’t even know jack!!

    • Lonnie Starr says:

      These businesses sought a government issued license to serve the public. If they don’t want to serve the public, then they should have sought private club status licenses. Of course they didn’t do that because then, they’d have to limit their service to registered members only, and that would not be as profitable as having a license to serve the general public.

      Instead they want the gov’t to back them in discriminating according to their privately held religious beliefs, but that won’t fly in the Federal Courts, so all they’re really doing is exposing the states businesses to lawsuits which they will lose.

      Anyway the bill has been vetoed.

  2. Lonnie Starr says:

    A better solution is to go to Arizona, if this law passes, and upon announcing that you are gay, let them discriminate against you and then sue the hell out of them. These fools had better start taking out insurance against the expected lawsuits, their losses could be pretty hefty, considering that losers must also pay court costs.

    My guess is that many bigots will lose their businesses.

    • Welcome back, Lonnie!

      Missed your fonts.

      • Lonnie Starr says:

        That gz verdict took something to get over. I had to resist urges to engage in all manner of schemes. [url=http://docsouth.unc.edu/neh/weld/weld.html]But here you learn there’s nothing new about injustice and that solution is not “in kind” performance.[/url]

        In this case, the SCOTUS has an over riding interest that most likely will prevent them from ever ruling in favor of the Arizona law, since it removes Washington’s Constitutional powers to govern the United States. So, with a sure fire win in mind, why not simply go for it and let the law do the work of dis empowering bigots who refuse to learn the new ways.

  3. shyloh says:

    What would really be awesome if some of their children or grandchildren turned out to be gay! That would be a hoot!!

    • Tzar says:

      statistically some of these people are likely to be gay themselves
      hypocrisy and self-hatred makes for strange bedfellows

    • racerrodig says:

      Maybe that’s why they passed this !! What the hell is in the water in AZ and FL ???

      Maybe the heat is evaporating the water content in their brains ?

    • bettykath says:

      If you were their gay child would you dare to say so? Either that you’re gay or that you’re their child…..

  4. Oops, full link address here:

  5. Retweeted by Rachel
    Rocco’s Pizzeria ‏@tucsonpizza Feb 21
    “@FookShow: Eating at Rocco’s Little Chicago @TucsonPizza. A nice slice of FU AZ lawmakers pic.twitter.com/MrLJoyQBZf”
    Embedded image permalink
    Expand

  6. Liza says:

    I live in Arizona but will we’re leaving when my husband retires.

    There’s nothing here that you can’t see elsewhere, folks, except the Grand Canyon. So, visit the Grand Canyon once in your life and be done with Arizona. It is the butthole of the southwest, made ugly by the inhabitants, not the scenery.

    • Liza says:

      *will be leaving*

    • I lived there for 3 years (Tucson) in the early 90s, and do not remember all of this hate and craziness. What has become of it is heartbreaking.

      • Two sides to a story says:

        Tucson is one of the islands of sanity in the state. And actually, AZ is quite unique with its multitude of environments, unusual flora and fauna, and unique cultural attributes, with Spanish influence going back centuries (Tucson is an old presidio and the longest settled community in North America) and AZ has 15 federally recognized Indian tribes. There are excellent state universities and many other amenities.AZ has many other heartbreakingly special places (and sacred to the tribes) besides the Grand Canyon, such as the Sedona Red Rocks, Monument Valley, the Chiricahua Mountains, White Mountains, San Francisco Peaks, and many others. What sucks are the Teabagger and fundamentalist types that seem to perennially grab power and plague the state, often with corruption and nonsense, despite all their claims of being righteous and family oriented. AZ is one of the youngest states in the union and has a long and bloody pre-state history of corruption and scandal, beginning with the maltreatment of the tribes in AZ territory by Indian agents who misused federal funds meant to feed the Indians forcibly removed from their homelands. This is reflected in many place names like Bloody Basin and Skull Valley.

  7. Vicky says:

    Kobach was heavily involved in Arizona’s legislation regarding undocumented residents. He and our present governor (and many other elected officials) make it hard to claim Kansas as my home.

  8. Vicky says:

    Spelling error: Koback

  9. Vicky says:

    This law smacks with the involvement of Chris Kovach, the Kansas Secretary of state. He is a yes man for the Koch brothers. Kansas House passed a similar bill a few weeks back, but the Senate refused to move it out of committee, so it died.

  10. Dave says:

    How are these yahoos going to determine who is straight and who is gay? Gaydar maybe? Or maybe they’ll demand doctor’s notes from potential customers certifying their heterosexuality.

  11. JJ says:

    This discrimination law is a slippery slope. It will be schaudenfraude to see conservatives discriminated against. Of course they believe they already are – no prayers in the schools, no discrimination against homeosexuals, abortion okay. But there is no actual discrimination of conservatives like other people have suffered – no signs outside saying businesses saying “conservatives need not apply”, conservatives are to sit in the back of the bus; no burning crosses, noose justice or KKK groups against conservatives.

  12. lady2soothe says:

    Next steps these fools will take, if Governor Brewer signs this POS bill into law, probably will be to pass bills legitimizing slavery and the human sacrifice of homosexuals, illegal immigrants, minorities and the mentally ill as activities that cannot be prohibited by the Free Exercise of Religion Clause.

    Arizona has Sheriff Joe who has put these practices into effect

    • he has been accused of abuse of power, misuse of funds, illegal immigration enforcement, and racial profiling
    • violations of human
    • inmates within Tent City have not been convicted; rather, they are merely awaiting trial
    • Federal Judge Neil V. Wake ruled in 2008, and again in 2010, that the Maricopa County jails violated the constitutional rights of inmates in medical and other care related issues.
    • Arpaio routinely abused pre-trial detainees at Maricopa County Jail by feeding them moldy bread, rotten fruit and other contaminated food, housing them in cells so hot as to endanger their health, denying them care for serious medical and mental health needs and keeping them packed as tightly as sardines in holding cells for days at a time during intake.
    • Daytime temperatures inside the tents have been recorded as high as 150 °F
    • Family members of inmates who have died or been injured in jail custody have filed lawsuits against the sheriff’s office. Maricopa County has paid more than $43 million in settlement claims during Arpaio’s tenure.


    Quotes from a Man Who Was Incarcerated at Maricopa County Jail

    • “A neighbouring asthmatic inmate happily described how he inhaled a cockroach that had crept into his nebuliser. He could feel the insect crawling around inside him and promptly vomited his stomach contents.” ~ Shaun Attwood, British stockbroker
    • “In jail, chow is served twice each day. Breakfast arrives at 8.30am and consists of six slices of stale white bread (the probability of colourful mould growing on a slice is 33%), raw breakfast meat (the probability of it being bologna is 50%, green bologna is 25%), grapefruits or oranges collected during neighbourhood refuse clean-up campaigns (the probability of them being rotten is 50%), one packet of stale and bright orange-coloured, bordering on luminous, cheese crackers, and a beverage, which is a half-pint of fat-free milk.”~ Attwood
    • “Unfortunately, the mail room officer had been offended by my complaint and I received a retaliatory, threatening note taped to my Wall St Journal. The note stated: “You need to contact the Wall St Journal and advise them of your new facility/bunk no. All papers from now on will be thrown away . . . Mail Officer.””
    ~ Attwood
    • “Frankie, an alleged Mexican mafia contract killer, is the source of most of the hullabaloo in our pod. Last month Frankie was calmly playing cards in a maximum-security pod when an eight-inch shank was suddenly plunged into the back of his neck. Unfazed, he extracted the shank, and was about to return the gesture, when guards pepper-sprayed him” ~ Attwood
    • “The daily temperatures are now in excess of 38C (100F) and rising. The air is stale and debilitating. On Monday an inmate told a guard that he felt ill and requested medical treatment. The guard told him to drink plenty of water and to lie down. The inmate persisted, stating that he was a diabetic and really needed to see the doctor, but the guard continued to fob him off. On Monday night the inmate slipped into a diabetic coma and was rushed to the hospital. He has not been seen since.” ~ Attwood
    • “The daily temperatures are now in excess of 38C (100F) and rising. The air is stale and debilitating. On Monday an inmate told a guard that he felt ill and requested medical treatment. The guard told him to drink plenty of water and to lie down. The inmate persisted, stating that he was a diabetic and really needed to see the doctor, but the guard continued to fob him off. On Monday night the inmate slipped into a diabetic coma and was rushed to the hospital. He has not been seen since.”~ Attwood
    • “The allure of being consigned to the grave can become an unremitting thought, as evidenced by the periodic suicides.” ~ Attwood
    • “The conditions have tipped Eric, a 50-year-old inmate, into a nervous breakdown. Early Monday morning, he started yelling, “Get me outta here!!!” repeatedly for 15 minutes. His voice inflection ranged from a demonically possessed adult male – worse than the Exorcist! – to that of a sobbing young child.” ~ Attwood
    • “Half of the shower area is refusing to drain. Hair matted with semen has clogged it up. To shower I have to step through the odoriferous scum floating in the water. This disturbs a multitude of tiny jet-black flies and they form a cloud around my person. Fortunately they bolt when the shower is turned on, and migrate to the dried fruit peel in the trashcan. When the shower is turned off they return to the shower. They prefer the semen.”

    • Two sides to a story says:

      Arizona, the banana republic. I didn’t think state legislators there could stoop lower than SB 1070 and the day Gov. Brewer shook her finger in President Obama’s face, but they proved me wrong again.

      The best recent years in AZ were when Democrat Janet Napolitano was governor. She used to veto all the tripe coming out of the state legislature. The Dem wheels are turning and the 2016 elections should prove to be pretty fierce. There’s about a 45 / 55 split between Dems and Republicans in the state and everything that’s been happening in Arizona since Napolitano left to work for the Obama administration (she’s now a university president in Cali) and Brewer took over is a huge embarrassment to both middle-of-the-road Republicans and Dems alike. Believe me, there are lots of good people in Arizona who want nothing to do with this shizazz and there’s often talk of secession between “Arizona del Sur” I think they call it and the rest of the state, although there are liberals scattered throughout the state, even in central AZ, where the KKK marched openly in Prescott, the first territorial capital (circa 1870 or so) as recently in the 1920s. A lot of people don’t know that ironically, liberal S. AZ was aligned with the South during the Civil War the southernmost battle of the Civil War was fought at Picacho Peak between Tucson and Phoenix.

      The stronghold of the AZ Mormon Church is in Mesa, AZ, a suburb of Phoenix.

      • He’s a disgrace to the human race, a mean-spirited criminal parasite skimming taxpayer money to house and feed inmates.

      • lady2soothe says:

        Yes I remember the post published on Trayvon and AJ’s birthday…

        Last summer Sheriff Joe’s wife had the nerve to send me a letter requesting a donation… So I sent one.

        I donated my opinion of her despicable husband comparing him to ᶋosef Mengele and letting her know there’s a special place in ɧell for people like him. Meanwhile he should be covered in honey, staked in a stifling wasp filled 150 degree tent teaming with Gila Monsters, over a scorpion hole next to a rattlesnake den.

        She never thanked me for my contribution, go figure.

  13. Here’s Kinky Friedman performing, We reserve the right to refuse you service, where the “you” in question is Texas Jews.

  14. bettykath says:

    Got a fb picture of a sign on a diner:
    We reserve the right
    to refuse service
    to AZ Legislators.

    • lady2soothe says:

      But then there’s Tucson-based restaurant Rocco’s Little Chicago Pizzeria which displayed a window sign directed at the very legislators who back the regulation.

      “Hey, just want to say that all we want to do is cook you some dinner. Not trying to be anything but your neighborhood pizzeria. Thanks for the support!”

  15. Next thing you know, there will be an Arizona bill introduced, mandating arm bands.

    Plus, to be ‘fair and balanced,’ there needs to be a bill that allows business owners to refuse to render services to the members of the AZ legislature, who voted for this piece of shit.

  16. I’d bet you much that the bills sponsor is in the closet.

    A Super Bowl boycott would be so painful to working folks, but the attention it would get would be a global pulpit like no other.

    Now the only half way decent place to eat between Phoenix & LA is Palm Springs, a wonderful place with a majority Gay citizenry. I say a promotion like this; 10% off for all dining if you show a valid AZ Drivers license. Then put their waiter in drag with 3 days worth of stubble & a southern accent….

  17. Trained Observer says:

    AZ = ignorant

    • Liza says:

      Not all of us, but yes, there is a preponderance of ignorance in the state of Arizona that is heavily concentrated in Maricopa Count where Phoenix is located. It gets mighty hot there and you have to wonder if that affects their mental health.

      It wasn’t nearly as bad when Janet Napolitano was governor. She vetoed all the really crazy legislation passed by the Republicans who always dominate the legisture. But her successor Jan Brewer is a clueless ding bat.

  18. a2nite says:

    Already avoiding AZ because of the “show me your papers” law.

    I think there is a ‘Moral Monday’ event planned.

    http://www.dailykos.com/story/2014/02/22/1279541/-Moral-March-in-Arizona

  19. kenteoth says:

    Then gz will move here and try using his antics to kill minorities…..I say BOYCOTT the SUPER BOWL and people NOT vacation here….and I will move back to the state I was born in…SMH

  20. If Jesus were alive today, I believe he would go into the Arizona legislature and throw these jerks out in the street just like he did the money changers in the temple at Passover.

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