Amend the Indiana Civil Rights Law

Mark Sniderman, of Jewish Voice for Peace, shared these remarks at the "Equal Justice For All" Rally on Monday, April 6 at the Indiana Statehouse. His speech energized the crowd and with his permission, we are sharing his powerful words here.

My name is Mark Sniderman: I am privileged to stand with you today, in the name of justice, equality, and civil rights for all. We know that faith communities across this country favor the use of law to ensure equal rights. American Jewish communities also support the core values of separation of church and state; religious liberty; the safeguarding and advancement of civil rights; and the principle of equal protection of the laws for all.

We do so, because Jewish tradition teaches that each individual life is sacred and of infinite value. One of our revered principles is B’tselem Elohim: all humans are created in the image of G-d, and thus deserve to be treated with respect. We are also animated by the spirit of Tikkun Olam: the repair and mending of the world. We are commanded to treat all people with equal respect and dignity; to speak truth to power, and to amplify voices that cannot be heard by those who reside in the halls of power.

We know – too acutely – the sting of discrimination suffered for merely being – or appearing to be – different. Discrimination against any group of people is an insult to Jewish values. We are committed to a society that is just, compassionate and fully democratic. But federal and state laws offer no protection to people who are wrongly discriminated against on the basis of their sexual orientation or gender identity. And, outside some narrow and weak protections of some local human rights ordinances, if anyone decided not to serve, employ, house, rent to, or sell on the basis of sexual orientation or gender identity, such discrimination would violate no law.

Despite this: the leaders of our great State have sought to sanction such discrimination, by cloaking it in the garb of religious liberty. The Indiana RFRA attempted to elevate discrimination that was already permitted, and to weaken the foundations of the local ordinances. But it has accomplished neither of these goals. Instead, it wrought only so much damage over the last two weeks. The actions of our elected representatives have deeply stained this people’s House, and the reputation of this state and its good citizens, and we’re going to have to scrub with rigor to regain it all.

No, this harm won’t be reversed quickly.

The amended RFRA begins to address the problem, but it is weak tea. The “fix” that was koshered by some business leaders, unelected all, is not up to the task. Not by a long sight. No: to repair the damage, to right the ship, and, most of all, to assure our LGBTQ sisters and brothers that they are fully citizens, our task is clear: We must amend the Indiana Civil Rights Law to add sexual orientation and gender identity as protected classes, and we must do the same with the Federal Civil Rights Act. Nothing less.

We must do so for the same reasons that racial, gender and religious discrimination are not tolerated in the public square: The reasons are straightforward, and they apply here in full force. Now, we know people of goodwill shall always reach out to fellow citizens who ask only to be treated as equals. But, we have learned that, in this democracy, there must be a backstop of law, because the deep-rooted benevolence of some is no perpetual guarantee of the goodwill of the powerful, and no one should be denied service, employment, or housing because of whom they choose to love. This discrimination stings the oppressed and sends a message of fearful intolerance. It diminishes our society, for a public square that is not robustly open to all, shall produce only more faction and division.

This denial of legal protections is unjust. It is harmful. It is nakedly discriminatory. It endows rights in one group of citizens, and makes second-class citizens of others. And this discrimination hardens the hearts of the fearful, who, we must remember, are also our brothers and sisters, and worthy of love, dignity and respect. We need the amendments because we may not rely upon half-measures or local ordinances that give the illusion of protection. The rights of all must be protected, because power -- all power -- is eventually abused. In the legislature and in the marketplace. And an unenforceable right is an illusory right.

And we may not wait for our opponents to realize their business or electoral follies, or to slowly change their minds. As the Reverend Martin Luther King, Jr., taught, change is not inevitable: it only comes through continuous struggle, “so we must straighten our backs, and work for our freedom.” And while we work, let us remember that all our social struggles -- against racism, sexism, poverty, disease, war, homophobia, Islamophobia, colonialism, and on and on --are interconnected. The fight remains the same, and our fates are all tied together.

Again, Dr. King taught us that: [we are all], “tied in a single garment of destiny.” He said, “[w]hatever affects one directly, affects all indirectly. I can never be what I ought to be until you are what you ought to be." Here, Indiana cannot be what she should, until all of our brothers and sisters are afforded equal dignity and respect before the law.

Now, we are in the midst of Passover, and are reminded of the bitterness of oppression, and that we may not refrain from the struggle for justice and liberation. Every generation must fight the grip of bondage anew. So let us break these chains with the power of our commitment. Rabbi Brant Rosen has observed that a cornerstone value of Judaism commands us to stand in solidarity with all who are oppressed. Of course: many of our faith and secular traditions share this bedrock commandment.

So it is always has been. So it remains for us. Here we are, and our liberation, as Americans, Hoosiers, and humans, requires us to stand in solidarity with those who need it most, together. Let us express loving kindness, together. And together, let us hasten a more just society.

 

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