Tonight, I write about the law of unintended consequences in family law.
I wrote about the intentionally discriminatory law passed by Indiana and Arkansas which
had been considered by Georgia.
Indiana, Arkansas sought and passed legislation intended to permit discrimination
against homosexuals. It seems that pizza makers were terrified that gay
couples would demand pizza at their catered nuptials. As if!
So the legislatures went about protecting these homophobic (and paranoid)
pizza makers, photographers, flower designers and fundamentalist preachers
that they wouldn't have to work gay weddings no matter how much the
couple threw a hissy fit.
As I wrote, this not only harkens back to but resurrects days of anti-miscegenation
and even lunch counter discrimination just a few decades ago. Of course,
that was the biggots' purpose, to keep a specific group of people
down, to discriminate under the color of law.
But there are two, huge unintended consequences stemming from Indiana and
Arkansas foray into permissive discrimination.
The first: establishing Sharia law on U.S. soil. In those astute states,
you cannot require someone to do something if it runs afoul of their self
proclaimed religious beliefs. For example, you cannot prohibit them from
applying Sharia law, if that's what they feel their religion requires
them to do.
Wasn't it just last year that the same zenophobes were up in arms that
Sharia law was being forced upon us? Wasn't it just last year that
state legislatures were considering bills that banned Sharia law? Now
they've given it carte blanche. Life will be a little different in
those two states now.
I don't think that's what these state legislatures had in mind. Do you?
The next unintended consequence is that, while they desperately desired
to discriminate against homosexuals, they actually made it much more certain
that the Supreme Court will find that homosexuals should become a protected
class and therefore receive special protection under the U.S. Constitution.
In other words, these legislatures made it much more likely that it will
become illegal to discriminate against homosexuals in any way.
"A protected class is one that has experienced a significant degree
of persecution or discrimination, both legal and de facto, and which,
all other factors being equal, can demonstrate ongoing discrimination."
Thank you Indiana. Thank you Arkansas. You just put a railroad spike sized
nail in the coffin of arguing against homosexuals receiving a significant
degree of persecution and discrimination.
I don't think the state legislatures intended that, either. (Chuckle)
As the saying goes, "The tighter your grasp, the more star systems
will slip through your fingers." Even in family law.