North Dakota’s theocratic gambit & potential anti-trans legal rollout

Anti-LGBT lawmakers and activists are taking inventory, now that Biden is in office. Under Trump it was open season on the queer community and now social conservatives are testing boundaries to determine what they can get away with. Hopefully, this reconnaissance won’t cost too many lives.

On January 19th of this year, North Dakota began legislation on House Bill 1476. On January 21st, it was fortunately withdrawn. The bill would have made same-sex marriages from other states as good as non-existent in North Dakota and penalize any corporate or state entity that openly expresses support for LGBT people in general. The bill also would have criminalized the teaching of anything about sexual or gender variance in history, science or health.

As bad as that would have been, there was a truly surreal detail in the bill’s list of relevant definitions.

After my head stopped spinning, I looked online for any legal validation or precedent for this. I found only two outstanding instances. One of them was a 1890 court ruling and the other dates back to 2014. The 2014 case involved convicted prisoners who wished to form a secular humanist discussion group, the way that prisons host religious discussion groups. That particular case ended in a ruling that secular humanists are entitled to the same First Amendment rights that protect religious expression.

The 1890 decision, meanwhile, was simply the last attempt made in court to set a legal definition of religion. It was then provisionally offered that “The term ‘religion’ had reference to one’s views of his relations to his Creator, and to the obligations they impose.” In the same case, it was said that to defend fundamentalist Mormons who wish to practice polygamy as a religious freedom is to “offend the common sense of mankind.”

Further reading revealed that the 1890 case only affords potential for interpreting secular humanism as a religion. And this is only because one of the attendant Justices capitalized Secular Humanism like a proper noun in a written brief.

There are two likely possibilities: one is that the “religion of secular humanism” is something the author(s) of ND HB 1476 fabricated out of whole cloth and means nothing. This would be nice and the withdrawal of the bill could make it seem likely: maybe it was withdrawn because that claim was so sweeping and dramatic that the authors pulled it before it could be scrutinized closely by other lawmakers.

The language of 1476 also reveals conceptual, theocratic groundwork: repeatedly within both the definitions and the proposals, it is written that the bill attempts to isolate the public from “nonsecular” influences and classifies secular humanism as “nonsecular.” On it’s face, this echoes the claim within Christian apologetics that Christianity is both necessary and relevant to every living human.

C.S. Lewis frequently espoused this, to name just one of the Christian thinkers to champion that argument. In this view, the only reason you would claim to be an atheist or an agnostic is either ignorance or dishonesty and everyone is “religious” whether they cop to it or not. (as the image above shows, claiming to be non-religious is treated as patently false) The only meaning of the word ‘secular’ that would make sense in this theology is a state intermediary between religious individuals.

Claiming that all values must necessarily come from religion sounds like it would be laughed out of the room by lawmakers in a country that separates church and state. This is where we get to the scarier possibility: what if increased scrutiny was not the reason it was withdrawn? What if, because so many state-level lawmakers play to social conservative voters, increased scrutiny would not have stopped it anyway?

An absurd claim can either indicate ignorance or the existence of an understated plan. Twenty-eight states have considered similar bills lately with less expressly theocratic language. This could simply be part of a trial and error exercise for social conservatives to delineate where the “line” is. In that scenario, ND HB 1476 could simply be an effort to test the deep end, which would be cold comfort to those who have already suffered from these laws.

In Arkansas, doctors are prohibited from providing transition-related health care to minors. Minors who were already receiving hormone replacement therapy have had their treatment summarily stopped. A USA Today article paraphrased Rep. Deborah Ferguson’s description of a testimony provided by a physician from Arkansas Children’s Hospital. This doctor stated that several minors that receive HRT at Arkansas Children’s Hospital attempted suicide days after this law went into effect.

If one were determined to play devil’s advocate, it could be said that North Dakota is willing to put it’s money where it’s mouth is. There are also two separate bills banning transitioning minors from school sports, one of which contains a stipulation that medical research will be gathered going forward. However I do not envy the person who has to tell the parents of a suffering child “don’t worry, we’ll do research. If your child’s mental health tanks, we’ll consider it with the rest of the data!”

https://www.legis.nd.gov/assembly/67-2021/documents/21-0831-03000.pdf?fbclid=IwAR3UJafL9DNTpzbWztQ2lnRX3YdG-2kD0rQGUu3MlErvnjF5WsVLZt3fSyY

https://www.aclu.org/press-releases/north-dakota-lawmakers-need-focus-real-issues-not-discriminatory-bills

https://www.aclund.org/en/legislation/house-bill-1476

https://www.google.com/amp/s/www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/19/atheists-and-secular-humanists-are-protected-by-the-constitution-regardless-of-whether-their-belief-systems-should-be-considered-religions-or-not/%3foutputType=amp

https://www.insider.com/over-half-of-us-states-tried-passing-anti-trans-bills-2021-3

https://www.google.com/amp/s/bismarcktribune.com/news/state-and-regional/govt-and-politics/north-dakota-transgender-sports-bill-would-revive-ban-and-add-study/article_e95dc5ff-dcf9-5b92-86c3-6c5fbd36247e.amp.html

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