People For the American Way

Alabama’s Shame Grows with Bill to Make It Harder for Gays to Marry

In some parts of the world, government officials won't help you if you don't share their religious beliefs. Citizens seeking to be served by government employees have to go from office to office, experiencing the shame and frustration of being turned away by those whose salaries they pay.

Yesterday, Alabama took a step toward becoming such a place, to the delight of the far right.

The Alabama House passed the so-called "Freedom of Religion in Marriage Protection Act" by an overwhelming margin of 69-25 yesterday. Among its provisions is one stating that civil servants have the right to refuse to perform any civil marriage ceremony should they wish. As AL.com reported:

In session today, Rep. A.J. McCampbell, D-Livingston, asked [bill sponsor Jim] Hill: "Why all of a sudden has this become an issue?"

Hill replied: "I can't answer that, sir."

Really? It isn't hard to figure out:

Tears came to the eyes of Rep. Patricia Todd, D-Birmingham, as she spoke against the bill on the House floor. Todd, the only openly gay legislator in the state, said the bill was drafted to discriminate against gay couples who want to marry.

"This is very hurtful to me as an openly gay person," she said.

Ever since a federal district judge ruled that Alabama's marriage ban violates the Constitution, the state has been a showcase of defiance. Alabama Chief Justice Roy Moore violated the canons of judicial ethics in seeking to force government officials from complying with the ruling, prompting our affiliate PFAW Foundation to file a formal complaint with the Judicial Inquiry Commission. Because of Moore, Alabama quickly became a checkerboard where gay and lesbian Alabamans were locked out of full citizenship across vast swaths of the state based on the whims of local officials. The state supreme court then shut down marriages for same-sex couples across the state in a highly controversial ruling.

Now Alabama legislators are seeking to guarantee that even if the U.S. Supreme Court rules that lesbians and gays have the right to marry, it is a right they will not be able to exercise across vast swaths of Alabama, unless they can find a public servant whose religious beliefs do not include a vehement hostility to lesbian and gay equality. That this bill targets one group of people for second class citizenship cannot be seriously questioned. No one should be fooled for a moment that this has anything to do with religious liberty, a fundamental American value designed to be a shield from oppression, not a sword to harm others.