The most remarkable thing about Arizona’s “License To Discriminate” bill is how quickly it became anathema, even among Republicans. Both 2008 GOP presidential candidate John McCain and 2012 GOP presidential candidate Mitt Romney called upon Arizona Gov. Jan Brewer to veto this effort to protect businesses that want to discriminate against gay people. So did Arizona’s other senator, Jeff Flake. And former House Speaker Newt Gingrich. Indeed, three state senators who voted for this very bill urged Brewer to veto it before she finally did so on Wednesday, confessing that they “made a mistake” when they voted for it to become law.
The premise of the bill is that discrimination becomes acceptable so long as it is packaged inside a religious wrapper. As Arizona state Rep. Eddie Farnsworth (R) explained, lawmakers introduced it in response to instances where anti-gay business owners in other states were “punished for their religious beliefs” after they denied service to gay customers in violation of a state anti-discrimination law.
Yet, while LGBT Americans are the current target of this effort to repackage prejudice as “religious liberty,” they are hardly the first. To the contrary, as Wake Forest law Professor Michael Kent Curtis explained in a 2012 law review article, many segregationists justified racial bigotry on the very same grounds that religious conservatives now hope to justify anti-gay animus. In the words of one professor at a prominent Mississippi Baptist institution, “our Southern segregation way is the Christian way . . . . [God] was the original segregationist.”
God Of The Segregationists
Theodore Bilbo was one of Mississippi’s great demagogues. After two non-consecutive terms as governor, Bilbo won a U.S. Senate seat campaigning against “farmer murderers, corrupters of Southern womanhood, [skunks] who steal Gideon Bibles from hotel rooms” and a host of other, equally colorful foes. In a year where just 47 Mississippi voters cast a ballot for a communist candidate, Bilbo railed against a looming communist takeover of the state — and offered himself up as the solution to this red onslaught.
Bilbo was also a virulent racist. “I call on every red-blooded white man to use any means to keep the n[*]ggers away from the polls,” Bilbo proclaimed during his successful reelection campaign in 1946. He was a proud member of the Ku Klux Klan, telling Meet the Press that same year that “[n]o man can leave the Klan. He takes an oath not to do that. Once a Ku Klux, always a Ku Klux.” During a filibuster of an anti-lynching bill, Bilbo claimed that the bill
will open the floodgates of hell in the South. Raping, mobbing, lynching, race riots, and crime will be increased a thousandfold; and upon your garments and the garments of those who are responsible for the passage of the measure will be the blood of the raped and outraged daughters of Dixie, as well as the blood of the perpetrators of these crimes that the red-blooded Anglo-Saxon White Southern men will not tolerate.