Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, February 24, 2014

The Modern-Day Jim Crowe Laws: Are You Aware of What is Happening?




Let’s start off with some back story here: The Arizona legislature has passed a bill that would allow businesses to refuse service to certain groups of people on the grounds of religious beliefs and not be sued in court for discrimination. It is primarily targeted towards same-sex couples, but it has the potential to open Pandora’s box of people to discriminate against. People could say, if this bill passes, that they refuse to serve single women or people of different religions. The bill is now awaiting Gov. Jan Brewer’s decision on whether or not the bill will come to existence. Other states are attempting to bring measures like this into fruition.

I find time to be slowly rewinding as we dive into discrimination once more. Bills like these make me wonder if they are modern Jim Crowe laws. I can just see a sign hanging in a window that says, “NO GAYS ALLOWED,” and people would be okay with this? Surely something is wrong here. Will the struggle for LGBTQ civil rights parallel the African-American civil rights movement? It is not to say that they are exactly the same, but I believe fighting for civil rights has a very interesting pattern.

Please ask: What kind of religion is being “protected” here? If a person who practices voodoo stops selling cars to Christians, citing religious freedom, is he still protected under this bill? I am willing to argue that those who set this bill on would be offended if they were ever refused service because of “religious reasons.” It saddens me to see in a world full of progressive thought and movement that there are people still trying to go back to the past.

I keep wondering if this bill has any grounds for being acceptable, and I find my moderate views struggling with both sides of the issue. On one hand, I do feel that business owners should be able to serve who they want to serve without fear of retaliation, because, after all, it is THEIR business. At the same time, I find discrimination like this to be morally wrong and hypocritical of the religions that I am most familiar with; furthermore, as a member of the LGBTQ community, it really bothers me that the government could back this kind of discrimination. I do suppose, that people who cite religion as a mean for discrimination have a point… Obviously, LGBTQ people go against their beliefs. Maybe they don’t want that imposed upon them. But at the same time, the LGBTQ community is a minority group that has been shunned, hated, feared, and persecuted. Perhaps conservatives are fighting for “freedom of religion,” but LGBTQ folks are fighting to be treated as humans, as individuals, as equals. We haven’t even been recognized as equals yet and we are already on the way to get discriminated against.

~E

Friday, January 31, 2014

Language, Law, and Otherization

A new semester brings with it 12-18 new hours of tearing my hair out, pretending that there are more than 24 hours in a day, and navigating the world in overly caffeinated state. Alternatively, it also means 12-18 hours of paradigm defying learning, taking chances, and finding the most interesting interdisciplinary connections between my classes. As a Middle Eastern Studies and Government major getting a certificate in Conflict Resolution, my classes always surprise me in the ways they relate to one another. 

This semester, along with PfP, I’m able to take Practicum in Conflict Mediation, where I will learn how to mediate real life issues and emerge with a shiny new certificate to add to my shelf. In technical terms, mediation is a form of alternative (to court) dispute resolution that places an emphasis on dialogue between the participants. This past weekend I was unable to attend the PfP retreat and instead spent several hours sitting in a very cold room, learning all the basics of mediation. Whenever there was a lull, I found my thoughts wandering towards my PfP family. The mediation process is a bit like what we do in PfP, in that it encourages people to look at issues from a different set of eyes and help brainstorm solutions to different life problems. Naturally, I started wondering how mediation itself is used in the LGBTQ community.

So when I got home I decided to do a quick google search for “LGBTQ mediation”.  After reading through the first page I got the picture. Though the results were for services with LGBTQ target markets, the language they used was inherently otherizing (TED talk word for “turning another person or group into an alien other.”). Many clinics touted their LGBTQ friendliness by reassuring me that, “same sex couples… can be just as contentious as heterosexual couples” and that “same-sex couples experience many of the same complex relationship issues as heterosexual couples”. While I can appreciate that these organizations attempt to minimize difference, these statements only made me more aware of it. I don’t feel as if I need to be reassured that my relationships, with all their ups and downs, are similar to other human romantic relationships. Those basic qualities don’t change when I’m in a “same sex couple”.

As I read on, towards the particular legal challenges facing the LGBTQ community, it dawned on me. It was one of those epiphanies you get that should have been simple, but then it took you a page and a half of google results to figure out. With all that extra legal complexity in dealing with LGBTQ issues, to these professionals, the relationships aren't the same. Everything from cohabitation and adoption to wills and health care is different legally for LGBTQ folks, and this legal distinction feeds into a social one, where same-sex couples are different; they are the other. I could see the connection- if the state has different laws for same-sex couples, it’s because they’re inherently different from straight couples, right? Wrong- or at least, that’s not how I feel.

This is not to say that everything can or will be solved by making LGBTQ folks equal under law. The fact that not all LGBTQ folk are in “same-sex couples” aside, the law doesn’t create the other, it merely reinforces it. So even if we could make laws that were all inclusive to every individual’s path through life, the websites would still be telling us, “Don’t worry. You’re not that different”. 

Rachel is a Junior here at UT. She joined PfP to have a better understanding of LGBTQ issues and how to discuss them (it's pretty much perfect for that). Some interesting facts are that she is a UT tour guide and is learning and loving Krav Maga (Israeli self defense).  =^)