Did Colorado ban the Bible?

Social conservatives are in a fine lather over a Colorado law (PDF) signed by Governor Bill Ritter on May 29 that extends anti-discrimination protections to sexual minorities in matters of business and public accommodations. On its face, the law is the latest effort by our socially conscious lawmakers to force us all to be nice to each other under penalties of fines and imprisonment -- specifically, $300 or one year in jail per violation.

It's all just a bit too much like that old joke about the Soviet Union, in which the commissars express concern about the dreary, bleak attitudes of their subjects: "Everybody must be happy! Anybody not happy by noon tomorrow will be shot!"

Predictably, the sackcloth-and-ashes crowd seems obsessed that the new law means that women's restrooms will now be filled wall-to-wall with adam's-apple-sporting cross-dressers. The pre-verts are everywhere!

Religious conservatives have also fretted that businesses will be forced to cater to people they find repugnant -- for instance, that wedding photographers will be compelled to take shots of same-sex ceremonies. That does, in fact, seem to be the intent of the authors. Rep. Joel Judd responded to just such an objection with the comment that, "If you choose to do commerce in Colorado you have to abide by these rules."

Uh huh. Good luck to the happy gay couple who hires a true-believing Roman Catholic shutterbug. May the record of your most-important day not be made up of 300 shots of the photographer's shoes.

Perhaps most troubling, the law's Section 8 restricts the sort of written material that businesses and landlords may publish and distribute. Supposedly, this provision applies only to statements of an intent to discriminate, but if that's what the authors intended, it's not what they wrote.

SECTION 8. 24-34-701, Colorado Revised Statutes, is amended to
read:

24-34-701. Publishing of discriminative matter forbidden. No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, resort, or amusement, directly or indirectly, by himself or herself or through another person shall publish, issue, circulate, send, distribute, give away, or display in any way, manner, or shape or by any means or method, except as provided in this section, any communication, paper, poster, folder, manuscript, book, pamphlet, writing, print, letter, notice, or advertisement of any kind, nature, or description which THAT is intended or calculated to discriminate or actually discriminates against any disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry or against any of the members thereof in the matter of furnishing or neglecting or refusing to furnish to them or any one of them any lodging, housing, schooling, or tuition or any accommodation, right, privilege, advantage, or convenience offered to or enjoyed by the general public or which states that any of the accommodations, rights, privileges, advantages, or conveniences of any such place of public accommodation, resort, or amusement shall or will be refused, withheld from, or denied to any person or class of persons on account of disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry or that the patronage, custom, presence, frequenting, dwelling, staying, or lodging at such place by any person or class of persons belonging to or purporting to be of any particular disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry is unwelcome or objectionable or not acceptable, desired, or solicited.

Note that the law doesn't just say that you can't publish material that states you'll deny services to protected classes of people, it also says you can't make them feel "unwelcome."

Hurting people's feelings is now a criminal offense.

Social conservatives object that handing out the Bible or the Book of Mormon may be illegal under the new law. While I can't imagine the courts allowing that interpretation to stand, the text of the law is open to just such a reading.

I have to think that legislators threw as much as they could against the legal wall, just to see what would stick.

Many socially conservative groups based in Colorado say they flat-out won't obey the law. As much as I despise their attitudes toward gays and lesbians, I can't blame them. Private individuals, businesses and organizations have the right to decide who they'll associate with and who they won't, and what ideas they'll express along the way, no matter how abhorrent or unpopular their criteria. If the law doesn't recognize that right, the law should be defied.

Lawmakers who set out to make society kinder and gentler through the use of force do violence to the whole idea of tolerance -- and to our liberty.