The state may shift from the cradle of the civil rights movement to the vanguard of legalized 21st-century bigotry with the consideration of this legislation,
modeled on Arizona's, that would allow businesses to refuse service to
gay and lesbian customers on the basis of alleged religious conviction.
The measure, whose fringe
supporters contend is couched in the First Amendment, would provide a
legal avenue for business operators to ignore existing local
nondiscrimination protections that even "indirectly inhibit" the "free
exercise" of their faith.
Like the controversial
Arizona bill, this broadly written proposal has profound implications --
not only for the aggrieved minority it would directly affect but also
for the social reputation of the state at large. Those implications will
permanently stain us, cementing the lasting ignominy of Jim Crow.
One of us is the
Democratic leader of the Georgia House of Representatives and the other
an adviser to two conservative Republican governors and national party
committees. Despite our policy disagreements, we're both Georgians, and
we stand together in opposition to these bills.
The fact that we can
overcome our severe political differences and agree that this
legislation would be wrong and bad for the state demonstrates the
growing bipartisan opposition to legislation of this sort.
Two bills exist, one in each chamber: Boosters of the House measure, House Bill 1023, have soft-pedaled the issue, but the sponsor of the Senate proposal, Senate Bill 377, griped this week that the only opponents to his legislation are those advocating "militant atheism," whatever that is.
As written, the Senate
bill doesn't carve out narrow exemptions for wedding vendors but instead
extends the blanket conscience provision to all commercial quarters.
Not only could
restaurateurs and hoteliers turn away same-sex couples, but pharmacists
could deny life-saving therapy to HIV-positive patients. The legislation
is so vague that it's not merely limited to individuals who are
lesbian, gay, bisexual and transgender: It could even be used as a means
to discriminate against unmarried women and people of different faiths.
Those possibilities are frightening, but the economic consequences are no less serious.
Georgia, like much of
the Southeast, is still struggling to reinvent its modest economy after
it collapsed from an overdependence on housing and real estate. Every
job, every dollar of out-of-state investment matters. We have no such
luxury of chasing Yankee business from our borders.
And yet that's precisely what this legislation would accomplish.
In Arizona, respected companies such as Apple and American Airlines warned they
would withdraw investments from the state should the law take effect.
Gov. Jan Brewer must have taken this into consideration in her veto.
Anti-gay legislation of
this order is a significant social barometer for the young professionals
and innovators on whom businesses rely. If they deem the state hostile
to mainstream sensibilities, neither will come.
Georgia's proposal would
repel the creative class in a way few other factors could -- except
maybe our recent experiences with snowstorms and 20 hours in a frigid
car. In the same way, the law would spook out-of-state firms weighing a
move to Georgia.
But even worse than new business avoiding the state is the real prospect of existing major companies bailing. Delta Air Lines, one of Georgia's largest employers, on Tuesday strongly denounced the measure and warned it would "result in job losses."
That's a proposition Georgia can ill afford.
Central to the American
ethos is the promise of freedom, the protection of which is an
appropriate function of the legislature. But freedom is a universal
shelter, swaddling each American the same as the next no matter his or
her color, creed or sexual orientation.
No weary driver nor
hungry belly would want to be denied a hotel room or hot meal on the
basis of immutable characteristics or faith, but that's what the Georgia
bill would allow. The notion is distinctly un-American and we,
Republican and Democrat together, don't want that in our state.
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