From Ava DuVernay’s award-winning film to President Obama’s speech at the Edmund Pettus Bridge, America has remembered Selma this year. We have honored grass-roots leaders, acknowledged the sacrifices of civil rights workers and celebrated the great achievement of the Voting Rights Act. At the same time, we have recalled the hatred and fear of white supremacy in 1960s Alabama. But we may not have looked closely enough at this ugly history.
Even as we celebrate one of America’s great strides toward freedom, the ugliest ghosts of our past haunt us in today’s “religious freedom” laws.
Many able commentators have pointed out the problem of laws that purport to protect a First Amendment right to religious freedom by creating an opportunity to violate other people’s 14th Amendment right to equal protection under the law. But little attention has been paid to the struggle from which the 14th Amendment was born — a struggle that played out in Selma 50 years ago and is very much alive in America’s statehouses today.
We cannot understand the new religious freedom law in Indiana and others like it apart from the highly sexualized backlash against America’s first two Reconstructions.