Many years ago, when my wife and I moved to southwestern Utah, we encountered a number of, shall we say, “cultural” practices based on the prevailing religion. Some of them were understandable, if somewhat restrictive, such as the de facto practice of not scheduling university concerts, performances, or recitals on Sundays, even if that was an imposition of a religious belief on a public institution. Some were less acceptable to a public academic institution, such as the insistence that no performances, lectures, classes, or other activities be scheduled on Monday evenings, because the prevailing religion had declared Monday evenings as “family home” evenings.
Those who protested were often told that, if they didn’t like it, they should move, which non-members of the prevailing faith called “My Way or the Highway.”
Over the years, the more onerous attempts to impose religious cultural standards on the university have diminished, but not totally vanished. From what I’ve seen, this sort of local/religious parochialism that restricts the rights of non-believers exists in far more places than southwestern Utah, as does the attitude that “if you don’t like it, then leave.”
The first problem with this attitude is that the United States is a nation, not a confederation. The Founding Fathers tried the confederation approach and discovered it didn’t work. Even “accommodating” slavery in the South didn’t work, because the ramifications of doing so adversely impacted the North and the West.
Segregation didn’t work all that well either, and its legal abolition, particularly in the South, resulted in economic and social improvements in the areas that practiced it.
As a matter of equality, why should individuals face a situation where they must choose between a job for which they’re qualified or having their rights circumscribed because of the religious/social tenets of the area in which the job is located. This isn’t a theoretical question; it’s one that exists in many parts of the United States.
Abortion is just the most obvious example. In the case of abortion, current state laws: (1) create unequal rights for women based on geography; (2) discriminate against poorer women; (3) close off or limit economic opportunity for women unless they are willing to accept fewer rights.
Making abortion legal throughout the nation and where the choice is up to the woman (along a structure similar to Roe v. Wade) does not deprive those who are opposed to abortion of their rights. Criminalizing abortion does deprive women, as well as health care professionals, of rights.
That means, effectively, that the United States, as a nation, must agree on what constitutes basic human rights, on a secular basis, based on known fact, not upon belief, no matter how fervent, and in the case of those rights, the majority needs to prevail. Obviously, there are always instances where the situation may not fit within the legal structure, but to define basic legal rights in different ways in different states is not only setting a precedent with effects similar to other forms of legal discrimination, but also creating a possible recipe for legal and civil chaos, violent unrest, and civil war.




