Yesterday (May 19), the Louisiana Legislature’s House Civil Law and Procedure Committee voted 10-2 to return HB707 to the calendar, effectively voting it down, at least for the current session. The bill would allow businesses to refuse, in accordance with religious beliefs, to provide goods and services on the basis of a patron’s sexuality.

Described as the protection of “the free exercise of religious beliefs and moral convictions,” were the bill to pass it would preclude the state from taking “any adverse action against a person, wholly or partially, on the basis that such person acts in accordance with a religious belief or moral conviction about the institution of marriage.”

However, hours after the committee’s vote, Louisiana Governor Bobby Jindal issued an executive order in an attempt to accomplish much of what HB707 is intended to achieve. We’re aware that at least some of the bill’s opponents doubt the executive order may create substantive law. We’re also aware that the U.S. Supreme Court may issue a ruling (before its current term ends in late June) that preempts any contradictory Louisiana law.

Why We’re Talking About Louisiana

Earlier this year, we chose New Orleans as the site for DrupalCon North America 2016. Section 86-33 of New Orleans’ municipal code explicitly forbids discrimination by public businesses and stores. In much the same spirit as New Orleans’ code, we want to take this opportunity to unequivocally state that no one at any DrupalCon should be denied service, assistance, or support because of who they are or whom they love.

Community. Collaboration. Openness. These are our ethos. At our core, we’re as committed to these values being principles for how we treat each other as we are for how we do our work.

The very nature of open source means contributions can come from anyone. That means muting voices is inconsistent with our values. That means we believe inclusivity is progress. And that means it’s important we speak when our community asks questions about the risk of discrimination.

Along with logistics—such as available event space, and costs—our DrupalCon site selection process has always considered whether we’d be able to truly celebrate the diversity of the Drupal community and the spirit of the Drupal Code of Conduct. We believe, despite the bill and executive order, that we can still create a safe, diverse, celebratory space for our community in New Orleans next year. We’re happy to bring the diversity of DrupalCon to New Orleans, and we’re confident it’ll be a fantastic event.

Talk To Us

We want to hear about your experiences at DrupalCon New Orleans—any and all of them. Tell us your opinions, voice your perspectives, and share what you see. In the meantime, comment on this post, or email us, with your questions and insights.

Comments

mortendk’s picture

Can we brand the nametags with a big rainbow - just as a clear statement that DrupalCon & the Drupal community have a simple 1 finger answer to this kind of "freedom/moral"

This will send a clear signal for all how we as a community look at this & we dont hide under "we dont wanna be politcal" 

 

bradleyfields’s picture

Hi, Morten!

I have to admit it's unlikely DC NOLA badges and name tags will feature anything other than the Con's branding and the wearer's info. We think our presence and how we treat each other are our best expression.

Besides, we're such a diverse community, with so many kinds of hands, that we'd never communicate with one finger as if there could be just one finger to rule them all.

That said, when it's time for DC NOLA, should you find yourself with your name tag and a marker, your creativity will be welcome.

ronliskey’s picture

I don't think the intention here was to rule them all with one finger. I'd say the idea was to show solidarity with the oppressed. Such mild and polite statements do not infringe on the freedom of others (religious or otherwise), and are hardly controversial.

Garrett Albright’s picture

Hardly controversial or no, I don't go to Drupal events to make political statements.

Please feel free to rainbow-fy your own badge, but for mine, just my name will suffice, thank you.

ellegonzalez’s picture

We want to be careful about speculating, certainly a year ahead of time. We also don't want to assume that people only face discrimination when others believe a law supports such behavior.Intolerance is present almost anywhere in the world. This is sad, but is unfortunately reality we have to face. However, introlerant behaviour being officially accepted by the government is completely different story as it has huge symbolic meaning.To be clear, we're not suggesting questions like these haven't been considered. We're also not suggesting that the best decision is one that just avoids the hard work of dealing with tough questions.This is part of wider issue of a rise of bigatory in certain parts of the UK and we as a community should be very careful at implicitly supporting such things.

Thanks

http://www.faqtory.co/sky/

marcingy’s picture

This concerns me a lot, yes New Orleans may have some local bylaws but if anyone wishes to go outside the city limits they could be open to descrimination. Surely there most be a question about moving the con to a more progressive US state where no discrimination of this type exists at all.

bradleyfields’s picture

Hi, Marc.

We really do appreciate you voicing your concern. Thank you.

Louisiana's same-sex marriage ban passed in 2004. But reports suggest that in the decade since, in-state support for marriage equality has grown significantly. Plus, the latest bill, HB707, was effectively voted down by a body of state representatives.

It's unlikely these things have happened because people who believe in equality have chosen to leave Louisiana alone. It's more likely that diversity and its influences beget diversity.

"...if anyone wishes to go outside the city limits they could be open to descrimination..."

We want to be careful about speculating, certainly a year ahead of time. We also don't want to assume that people only face discrimination when others believe a law supports such behavior.

"Surely there most be a question about moving the con to a more progressive US state where no discrimination of this type exists at all."

We understand that question. But our mission isn't to become the arbiter of how progressive states are. We want to make sure we can create a conference environment that's centered on openness and respect.

marcingy’s picture

So why have certain locations for Drupalcon Europe been dismissed as ever being acceptable for just such an issue. This seems like double standards?

slashrsm’s picture

I agree with @marcingy. Cons shouldn't happen in places that could potenitially be discriminative to any member of our community.

Garrett Albright’s picture

Then I suppose we can never have a con anywhere ever again.

slashrsm’s picture

Well.... this is not true. Intolerance is present almost anywhere in the world. This is sad, but is unfortunately reality we have to face. However, introlerant behaviour being officially accepted by the government is completely different story as it has huge symbolic meaning.

webchick’s picture

I'm a bit torn, myself, because it's not accurate to say "officially accepted by the government" here. The legislative branch of the government (with support from local businesses it sounds like, see http://www.neworleansonline.com/news/2015/May/hb707.html) explicitly voted down the resolution. What happened next is the governor (part of the executive branch) overstepped his authority by signing this constitutionally invalid order into law, widely speculated to be part of a 2016 presidential bid.

Laws in Indiana and elsewhere are more problematic because those were explicitly enacted into law by the legislative government, versus political grandstanding by one particular lawmaker.

bradleyfields’s picture

We also hope for a more inclusive reality.

Answering the question of whether "introlerant behaviour [is] being officially accepted by the government", involves a lot of related questions, for every jurisdiction, that that pursuit would raise. For example:

  • What qualifies as intolerance?
  • Intolerance of whom or what?
  • How is that intolerance "officially accepted"?
  • How long has that acceptance been official?
  • In light of that official acceptance, what are the actual lived experiences in its wake?
  • What efforts or actions are in progress or planned to counter those experiences and acceptance?
  • Who is leading those counter initiatives?

To be clear, we're not suggesting questions like these haven't been considered. We're also not suggesting that the best decision is one that just avoids the hard work of dealing with tough questions.

Instead, we've said that in the absence of our community having only one universally shared perspective and answer to each one of the above questions, and many more, our responsibility is to evaluate whether we can create a conference environment that's centered on openness and respect

marcingy’s picture

Lets say this was about the right to refuse to serve people of colour just because it was against your beliefs....

This is part of wider issue of a rise of bigatory in certain parts of the USA and we as a community should be very careful at implicitly supporting such things.

bradleyfields’s picture

We agree that carefulness is important. That's why our site selection process involves whether we can create a conference environment that's centered on openness and respect, and doesn't place determinative emphasis on any one kind, group, or class of people.

marcingy’s picture

You avoid answering the question re what if the legislation that had been enacted was related to race?

bradleyfields’s picture

Hi, Marc.

We respectfully disagree. The bill was not enacted; it was effectively voted down. Also, our direct answer was that our site selection process doesn't rely on the distinction your question presented. That distinction is also not relied upon by the Drupal Code of Conduct.

Our shared values include, for example, that "we will not tolerate bullying or harassment of any member of the Drupal community." That's a promise we all make to each other, and it's not a promise that depends on things like race, creed, color, sexuality, or class.

camoa’s picture

Sounds Likely, I am concern with this "my way or the highway" approach to diversity and opennes that sometimes is felt in the community.

Are we really trying to go "You have to accept me but I don't have to accept you because you are wrong"?

Yes, it sucks, I have really good friends that may be affected in some way by this, but what if a busiess rejects someone? we move to the next, they have their right. To have that right isn't the spirit of openness and diversity? How can we ask for it if we are not wiling to give it back as well?

ronliskey’s picture

I'm confused, How does taking our business elsewhere infringe on anyone's right to be a religiously-motivated biggot? No one here seems to be advocating the criminalization of biggotry. If we condone the right to  religiously-motivated biggotry, certainly we can support the right to seek conference locations where all are welcome.

lee20’s picture

Missed DC Austin 14 and DC LA 15 for my son's birthday and his first birthday aniversary. Sadly with this information, I'll unlikely attend DC NOLA 16. Whether it's executive order, established policy, or law, it's a matter of principal that I will not travel to a state that is considering tollerating discrimination at a business level in the year 2015.

As things seem to be up in the air in Louisiana, I would have preferred to see the location changed to sidestep the risk of Louisiana's official policies on the matter futher digressing. Of course any state could digress their policies between now and then, but I do not consider this response from the DA as one for solidarity within the community.

mherchel’s picture

I personally wouldn't mind if the DA said 'F**K You" to the state. Money talks and taking our money elsewhere would show that that bigotry will lose the state money.

That being said, I realize that we don't live in a perfect world. I'm sure that contracts are signed and there's probably a hefty penalty clause if we pull out. Plus, the amount of work that went in to scouting and selecting the location was probably enormous. 

Maybe in the future we can attach a rider to the contract that states something like, "If your backwards-ass elected officials decide they want to be bigots, we will take our business elsewhere."

bwinett’s picture

Mcherchel supposes that contracts have been signed and there's a penalty clause if we pull out.  Can we get clarity on this?

  • Have contracts been signed?
  • Are there penalty clauses if we pull out?  if so, how egregious?
  • If we find that Jindal's order is allowed to stand, how difficult would it be to move the conference?  Is that something that could reasonably be done?  How much lead time would be needed?
mherchel’s picture

I personally wouldn't mind if the DA said 'F**K You" to the state. Money talks and taking our money elsewhere would show that that bigotry will lose the state money.

That being said, I realize that we don't live in a perfect world. I'm sure that contracts are signed and there's probably a hefty penalty clause if we pull out. Plus, the amount of work that went in to scouting and selecting the location was probably enormous. 

Maybe in the future we can attach a rider to the contract that states something like, "If your backwards-ass elected officials decide they want to be bigots, we will take our business elsewhere."

azinck’s picture

I just want to point out that it's impossible to be completely inclusive. In this post the Drupal Association appears to want to draw the line of inclusivity somewhere short of including the people such a law is meant to protect by saying "we, as a community, don't think your sincerely held religious beliefs need to be protected". This is fine, but I think it's disingenuous to taut a completely open community with no discrimination. Everyone draws lines somewhere.

bradleyfields’s picture

We understand the difficulty of defining inclusivity. However, our statement is not that "we, as a community, don't think your sincerely held religious beliefs need to be protected". We haven't, for example, issued a declaration of civil rights, or an evaluation of the constitutionality of any existing or pending law.

Instead, our focus is on making sure any and every DrupalCon can be managed, attended, and enjoyed in ways that are consistent with the Drupal Code of Conduct.

azinck’s picture

Thanks for the response!  And you're right -- I put up a straw man which was sloppy of me. Indeed, the fact that the Association is *not* cancelling or moving the event is evidence of tolerance of dissenting opinions.

ronliskey’s picture

That would make more sense if DrupalCon blocked people from entering the conference on the basis of their biggotness. But since that isn't what's happening and was not proposed, it seems invalid to say the community doesn't "think your sincerely held religious beliefs need to be protected".

I would argue that standing up for everyone's equal rights is fundemental to protecting everyone's religious beliefs. The idea that any religious belief is justified even when it infringes on the legitimate rights of others went out of vogue sometime around the end of witchburning.

azinck’s picture

Yes, obviously we're not talking about anyone being blocked from entering the conference, any way you slice it. This is more of a question of the ideological position that the Association will take. The basis for my comment that the community doesn't think sincerely held religious beliefs need protection was this post, which takes a pretty clear stance against the legislation in question.

Anonymous’s picture

http://www.nola.com/politics/index.ssf/2015/05/mitch_landrieu_issues_ant...

Bobby Jindals move was pure political horse SH*T.   It was done to curry favor with potential voters.  New Orleans is very diversified and aims to remain that way.  In the short time I have been here, I find it the most warm and welcoming city that does not take itself seriously. 

Laizzez Les Bon Temps Roulet!!!!!

webchick’s picture

I have to say, that's pretty awesome. :)

aubjr_drupal’s picture

The last thing I want to see when I open a Drupal newsletter is anything about gay rights. Whomever included Louisiana politics in the latest newsletter may have had noble intentions, but it comes off as fascist to those in the Drupal community who disagree with the spirit of this post.

IMO, we need to include all those interested in Drupal - regardless of their views on gay rights - if the ethos of the Drupal community is truly "Community. Collaboration. Openness."

And anyone even considering a move of DrupalCon over this issue needs to check their political luggage at the door - for Drupal's sake.

richard.c.allen2386’s picture

I'll usually avoid this but the circular logic in your comment is insane. We should protect the rights of those who want to revoke rights? Dropping in terms such as fascist make it even worse. Fascist? Really Fascist? I don't know that it means what you think it does.

If the majority of the community does'nt want it in some souther state they should feel free to express it, and if someone in the newsletter department wants to link a post with a disuccion about it, then they can, it's a real issue if 25% of the attending body decides to drop out. Nothing about linking to a discussion where both parties have already chimed in if Fascist.

richard.c.allen2386’s picture

Can edit comments anymore? In my ranting I most certainly have made typos =P

ex DJ’s picture

Please define "fascism" in this context. As Webster's Dictionary online defines it:

...a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition

Please explain to us how an honest discussion of what could be a real issue to some people attending DrupalCon is "fascism?"