Discrimination in the gay community

They send a signal that the state governments enacting them accept and even embrace the dangerous and harmful notion that discrimination against LGBT people is a legitimate demand of both conscience and religion. Already, LGBT people often face discrimination by service providers who deny them goods and services. October 23, News Release. Interviews were conducted in person in Mississippi in November , Tennessee in December , and Michigan, Mississippi, and Tennessee in January Such legislation immediately endangers LGBT rights. On both fronts, most of these laws bear no resemblance to religious exemptions that are motivated by a concern for human rights and are narrowly drawn to respect the rights of all involved. Anti-LGBT religious exemption laws are likely to exacerbate mistreatment because, both on their face and in the political discourse that surrounds them, they tend to legitimize and signal official acceptance of discrimination against LGBT people.

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“All We Want is Equality”


At the state level, lawmakers in and introduced dozens of bills that would create sweeping exemptions for religious believers in various areas. The Committee on Economic, Social and Cultural Rights has noted that the right to health is threatened both by direct discrimination and by indirect discrimination, in which laws appear neutral on their face but disproportionately harm a minority group in practice. In an interview with Human Rights Watch, one same-sex couple noted that they had been turned away from three different foster care agencies because of their sexual orientation. In , the couple applied to another agency in Texas, which approved their paperwork and scheduled a home visit. As this report describes, they are born of hostility to a marginalized group, and display little regard for the rights of those who are turned away. In Tennessee, where state law allows counselors to decline to see LGBT patients based on their religious beliefs, researchers at the University of Tennessee have studied how these refusal laws impact self-concealment and psychological distress. In a lawsuit filed in , for example, Jack Zawadski sued a Mississippi funeral home for breach of contract and emotional distress, alleging that the home had agreed to transport and cremate the body of his late husband, Robert Huskey, only to renege on the verbal contract when it found out they were a same-sex couple.

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In , lawmakers introduced another religious exemption bill at the federal level that specifically pertains to child welfare providers. The approach is particularly limited insofar as known providers are often concentrated in urban areas, with the result that LGBT people who live in rural areas may have to travel hundreds of miles to reach a provider who they know will serve them. Proponents of these laws argue that they properly balance religious freedom with the rights of LGBT individuals. Where they are developed, such lists tend to be ad hoc and non-exhaustive, as they rely on providers who are known to advocates to be reliably LGBT inclusive. Not only does the United States carry obligations under international law to respect these limits and safeguards, but more broadly the jurisprudence developed under international human rights law offers sound guidance to legislators seeking to strike a careful balance between rights that seem to stand in tension with one another. In this context, these laws function first and foremost as a license to discriminate, signaling that discrimination against LGBT people is acceptable in the state.

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