The Equality Act of 2019

One thing most of us have learned over the years is that the better the name of the bill introduced in Congress sounds, the farther from the truth the title is. We saw that with the Affordable Care Act (ObamaCare) which should have been named the lose your insurance and your doctor and pay more act.

Last month the Democrats in the U. S. House of Representatives introduced The Equality Act of 2019. It should have been named the anti-free speech and anti-religion act of 2019.

On March 14th, The Heritage Foundation posted an article listing seven reasons why the law would not encourage equality.

The article lists the reasons:

1. It would penalize Americans who don’t affirm new sexual norms or gender ideology.

We have already seen this attempted in the case of Jack Phillips’ battle with the Colorado Civil Rights Commission. He is only one example.

2. It would compel speech.

Both federal and private employers could face costly lawsuits if they fail to implement strict preferred pronoun policies. Employees could be disciplined if they fail to comply, regardless of their scientific or moral objections.

3. It could shut down charities.

Adoption agencies that hold to a Biblical definition of marriage have been shut down because of their beliefs.

4. It would allow more biological males to defeat girls in sports.

5. It could be used to coerce medical professionals.

Under state sexual orientation and gender identity laws, individuals who identify as transgender have sued Catholic hospitals in California and New Jersey for declining to perform hysterectomies on otherwise healthy women who wanted to pursue gender transition. 

If these lawsuits succeed, medical professionals would be pressured to treat patients according to ideology rather than their best medical judgment.

6. It could lead to more parents losing custody of their children.

This has already happened. In Ohio, a judge removed a biological girl from her parents’ custody after they declined to help her “transition” to male with testosterone supplements.

After the Cincinnati Children’s Hospital’s Transgender Health Clinic recommended these treatments for the girl’s gender dysphoria, the parents wanted to pursue counseling instead. Then the county’s family services agency charged the parents with abuse and neglect, and the judge terminated their custody.

7. It would enable sexual assault. 

A federal sexual orientation and gender identity law would give male sexual predators who self-identify as females access to private facilities, increasing the likelihood of these tragic incidents. 

It could also make victims less likely to report sexual misconduct and police less likely to get involved, for fear of being accused of discrimination

The proposed Equality Act could impose a nationwide bathroom policy that would leave women and children in particular vulnerable to predators. It actually would promote inequality by elevating the ideologies of special-interest groups to the level of protected groups in civil rights law. 

This is not a law that I want to see passed. It does not do anything to promote equality. In fact, it creates the kind of inequality that the ruling class pigs created in George Orwell’s Animal Farm where “All animals are equal, but some animals are more equal than others.”

Sometimes States Get It Right

Townhall is reporting today that the Colorado Civil Rights Commission has dropped its lawsuit against cake artist Jack Phillips. The article reports that the move that came after new evidence emerged of the state’s religious bigotry, according to Alliance Defending Freedom (ADF), the conservative legal-defense group representing him.

The article reports:

The latest chapter in Colorado’s ongoing targeting of Phillips came after the state targeted him for not making a gender transition cake, even though the U.S. Supreme Court ruled 7-2 in his favor in Masterpiece Cakeshop v. Colorado Civil Rights Commission in 2017.

“We’re pleased that the state will be dismissing its case against Jack,” said ADF Senior Vice President of U.S. Legal Division Kristen Waggoner. “This is the second time the state has launched a failed effort to prosecute him. While it finally appears to be getting the message that its anti-religious hostility has no place in our country, the state’s decision to target Jack has cost him more than six-and-a-half years of his life, forcing him to spend that time tied up in legal proceedings.”

Phillips called the case’s dismissal a “win for freedom” and said he looked forward to serving his customers once again.

“When I set out to build my dream of opening my own cake shop, combining my love for art and baking in a family business, I never imagined this chapter would be part of the Masterpiece Cakeshop story,” he said in a statement. “I have and will always serve everyone who comes into my shop; I simply can’t celebrate events or express messages that conflict with my religious beliefs. The Supreme Court affirmed that government hostility against people of faith is unconstitutional, and that Colorado was hostile to my faith. That hostility cost me 40 percent of my business and the wedding work that I love to do.”

The state was unwise to go after Jack Phillips after the Supreme Court ruling, but I guess they decided they could still make an example of him. I am grateful for the work of the ADF and the fact that they are working to fight religious discrimination.

Using The Justice System To Get Revenge

The Daily Caller is reporting today that the Colorado Civil Rights Commission is again going after Jack Phillips, the Christian baker who prevailed at the U.S. Supreme Court after declining to create a custom wedding cake for a gay couple.

The article reports:

On the same day the high court agreed to review the Masterpiece case, an attorney named Autumn Scardina called Phillips’ shop and asked him to create a cake celebrating a sex transition. The caller asked that the cake include a blue exterior and a pink interior, a reflection of Scardina’s transgender identity. Phillips declined to create the cake, given his religious conviction that sex is immutable, while offering to sell the caller other pre-made baked goods.

In the months that followed, the bakery received requests for cakes featuring marijuana use, sexually explicit messages, and Satanic symbols. One solicitation submitted by email asked the cake shop to create a three-tiered white cake depicting Satan licking a functional 9 inch dildo. Phillips believes Scardina made all these requests.

Scardina filed a complaint with the civil rights commission, alleging discrimination on the basis of gender identity. The matter was held in abeyance while the Supreme Court adjudicated the Masterpiece case.

Three weeks after Phillips won at the high court, the commission issued a probable cause determination, finding there was sufficient evidence to support Scardina’s claim of discrimination. In a somewhat strange development, the probable cause finding reads that Phillips violated state law, even though the proceedings are still in a preliminary stage.

The article cites Mr. Phillips’ response to all of this:

  • Jack Phillips of Masterpiece Cakeshop fame is suing the Colorado Civil Rights Commission.
  • The Commission commenced new proceedings against Phillips on behalf of a transgender complainant just weeks after he prevailed at the U.S. Supreme Court.
  • Phillips’ attorneys say the Commission is engaged in a concerted campaign to destroy him, which is unlawful.

This has the appearance of the Colorado Civil Rights Commission using their power to target a specific person. The article notes that the baker was willing to sell Mr. Scardina a pre-baked cake, he was just not willing to use his artistic ability to support something that was against his religious beliefs. If we look at what is being said here, would you ask a Christian recording artist to record a song that praised the devil? Would you ask a painter who paints religious pictures to paint a picture glorifying the devil? Does an artist have the right to choose the direction of his art?

I believe that Mr. Phillips is correct to sue the Colorado Civil Rights Commission. It appears that after the ruling of the Supreme Court, the Commission has decided to use its power to personally harass Mr. Phillips.