Jonah Goldberg: Gay Rights Community 'Shooting the Wounded'

The gay rights community has essentially achieved total victory on the issue of gay marriage and now is going across the battlefield "shooting the wounded," National Review Online's Jonah Goldberg says.

Appearing Monday on the panel of Fox News Channel's "Special Report,"  Goldberg said critics of the Indiana Religious Freedom Restoration Act are wrong to characterize it as discriminatory against gays.

The law simply allows business owners with religious objections to same-sex marriage to use their beliefs as a defense if they end up in court for refusing to take photographs or provide catering services to same-sex weddings, Goldberg said. It doesn't guarantee they'll win their case.

"Right now diners can refuse to serve ugly people. They can refuse to serve tall people and refuse to serve gay and lesbian people," Goldberg said. "I'm against that kind of discrimination, but the Religious Freedom Act does nothing to change that status quo."

Goldberg said Indiana Gov. Mike Pence likely thought he was placating religious conservatives by signing the law, but was "bizarrely unprepared" for the ensuing controversy.

Goldberg also called comparisons to Jim Crow laws "overblown hysteria."

Jim Crow laws were a state-sanctioned policy that told businesses that didn't want to discriminate that they had to discriminate, he said, adding, "Nothing like that is going on here."

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