The New Protected Class: An Analysis of Georgia's and Mississippi's Religious Exemption Laws

Abstract

This thesis explores religious exemption laws in Mississippi and Georgia to make arguments about why legislators supported or opposed them, how activists in both states mobilized against the legislation, and what the larger implications are for passing this legislation. It argues that religious exemption laws write religious belief into state doctrine, which will lead to increased discrimination against queer and transgender people, especially Black transgender women. To collect data, the student studied videos of the legislative floor sessions for Georgia and Mississippi between January and April of 2016. Additionally, the student interviewed people employed at large advocacy organizations and community and grass root organizers in both states. Studying legislative videos reveal that in both states, Black legislators primarily opposed anti-LGBT legislation because writing religious doctrine into state code reminded them of discrimination that resulted from Jim Crow legislation. Interviewing various people at large advocacy organizations and smaller, grass root organization reveals that the most effective way to mobilize against religious exemption laws is to do so within coalitions that involve advocacy organizations, grass root organizations, and large corporations. This activism has to be intersectional, or it will leave out the most marginal communities, such as Black transgender women. The larger implication of enacting such legislation enshrines discrimination into law, which leads to queer and transgender people entering informal economies to live. This increases their likelihood of exposure to disease, mass incarceration, death, or all three.