Connect with us

Commentary

Impact of Transgender Day of Remembrance must be felt year-round

“We mourn the disproportionately-targeted Trans lives stolen from us by hate & prejudice. There’s a long road ahead to equality and justice”

Published

on

Photo by Max Huskins

LOS ANGELES – One of the most difficult days in the calendar for Trans, non-binary and queer identified people is every November 20. Primarily because it marks a day to honour and remember those human beings who have lost their lives due to violence, hate and extremism.

This year is no different as it has marked yet another deadly year for the Trans community, especially for Trans women of colour.

Globally of the 375 trans people murdered worldwide in the last year, nine out of 10 (96%) were trans women or transfeminine people, and more than half (58%) were sex workers. The average age of those murdered is 30 years old; the youngest being 13.

Bamby Salcedo, founder of the Los Angeles-based [email protected] Coalition wrote in an email, “We mourn the disproportionately-targeted Trans lives stolen from us by hate and entrenched prejudice. There is a long road ahead to true, lived equality and justice for our Trans community.”

She continued; “In Los Angeles County, and our country as a whole, diversity is our strength. It is what sets America apart from most other countries in the whole of human history, and it has inspired millions of dreams at home and abroad. 

Our immigrant Trans siblings and their well-being are essential to the integrity of the American Dream. We must do everything in our power to ensure that their rights and dreams are equally protected.”

Salcedo was also advocating for the critical point of who we as the LGBTQ+ community, elects to public office and their commitment to the Trans community matters. “We need leaders who understand and empathize with the unique, intersectional challenges we face,” she wrote.

The purpose of her email was to endorse and then advocate that the community back a particular candidate running in a local race. Yet the issues and points she raised bears repeating.

In Washington today, the White House reviewed the actions of the Biden-Harris Administration and released a report highlighting over 45 key, early actions the Administration is taking to address the root causes of anti-transgender violence, discrimination, and denial of economic opportunity, including:

  • Taking steps to expand the availability of accurate Federal IDs for transgender and gender diverse Americans. Building on the State Department’s announcement that it will offer a third gender marker on U.S. passports, the White House is convening an interagency policy committee to advance a coordinated federal approach to expanding access to accurate and inclusive federal identity documents for transgender and gender diverse people.
     
  • Expanding access to gender-affirming care as an essential health benefit. In 2021, the Biden-Harris administration approved the first ever application from a state to add additional gender-affirming care benefits to a state’s essential health benefit benchmark plan.
     
  • Advancing health equity research on gender-affirming care. NIH will increase funding for research on gender-affirming procedures to further develop the evidence base for improved standards of care. Research priorities include a more thorough investigation and characterization of the short- and long-term outcomes on physical and mental health associated with gender-affirming care.
     
  • Ending the HIV crisis among transgender and gender diverse communities. The White House Office of National AIDS Policy will identity transgender and gender diverse communities as a priority population in the revised National HIV AIDS Strategy which will be released on World AIDS Day, December 1, 2021.
     
  • Expanding resources for transgender and gender diverse youth in care. The Children’s Bureau at HHS will highlight the needs of LGBTQI+ children and youth in announcements for mandatory and discretionary funding that supports youth in or transitioning from foster care. 
     
  • Advancing research to address the harms of so-called conversion therapy. The Substance Abuse and Mental Health Services Administration (SAMHSA) will update its 2015 publication Ending Conversion Therapy: Supporting and Affirming LGBTQ Youth to reflect the latest research and state of the field. 
     
  • Advancing safety and justice for transgender and Two Spirit missing and murdered Indigenous peoplePresident Biden signed an Executive Order on Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People. The Executive Order acknowledges that LGBTQI+ Native Americans and people who identify as Two-Spirit people are frequent targets of violence. The Executive Order directs federal agencies to work hand in hand with Tribal Nations and Tribal partners to build safe and healthy Tribal communities and to support comprehensive law enforcement, prevention, intervention, and support services to address the crisis of Missing and Murdered Indigenous People, including for transgender, gender diverse, and Two-Spirit Native Americans.
     
  • Advancing data collection and research on the needs of transgender older adults. To advance equity for transgender and gender diverse elders, the Administration for Community Living (ACL) will establish a technical advisory panel to advise on possible questions for the National Survey of Older Americans Act Participants regarding sexual orientation and gender identity.

To address the crisis of anti-transgender stigma and violence, during Pride Month the White House established the first Interagency Working Group on Safety, Opportunity, and Inclusion for Transgender and Gender Diverse Individuals (Working Group).

The Working Group, which is led by the White House Domestic Policy Council and Gender Policy Council, is charged with leading a coordinated federal approach to advance safety, economic opportunity, and inclusion for transgender and gender diverse people in the United States and around the world.

To inform the priorities of the Working Group, throughout the fall of 2021 the White House convened 15 listening sessions with transgender and gender diverse people, advocates, and civil rights leaders from across the country and around the world.

Today’s report shares findings from these listening sessions and uplifts the voices and advocacy of transgender and gender diverse people throughout the United States and around the world.  

Today’s actions to honor the lives of transgender and gender diverse people lost to violence build on historic steps by the Biden-Harris Administration to advance LGBTQI+ equality and civil rights for transgender and gender diverse communities. Since taking office, the Biden-Harris Administration has taken critical steps to advance equality for transgender and gender diverse Americans:

  • Signing One of the Most Comprehensive Executive Orders in History on LGBTQI+ Rights on His First Day in Office. Within hours of taking the oath of office, President Biden signed an Executive Order Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The Executive Order established that it is the official policy of the Biden-Harris Administration to prevent and combat discrimination against LGBTQ+ individuals, and to fully enforce civil rights laws to prevent discrimination on the basis of gender identity or sexual orientation. The President directed all federal agencies to implement fully all federal laws that prevent discrimination on the basis of sex, to include sexual orientation and gender identity. This Executive Order is one of the most consequential policies for LGBTQ+ Americans ever signed by a U.S. President. As a result of that Order, agencies have already taken key steps to advance equality for transgender and gender diverse people in housing, healthcare, education, employment, and credit and lending services.
     
  • Fighting for passage of the Equality Act. President Biden continues to call on the Senate to swiftly pass the Equality Act, legislation which will provide long overdue federal civil rights protections to LGBTQI+ Americans and their families, while strengthening some key civil rights laws for people of color, women, people with disabilities, and people of faith. As the White House has said, passing the Equality Act is key to addressing the epidemic levels of violence and discrimination that transgender people face.
     
  • Reversing the discriminatory ban on transgender servicemembers. In his first week in office, President Biden signed an Executive Order reversing the ban on openly transgender servicemembers serving in the Armed Forces, enabling all qualified Americans to serve their country in uniform. President Biden believes that gender identity should not be a bar to military service, America’s strength is found in its diversity, and an inclusive military strengthens our national security As a result of his Executive Order, the Department of Defense issued new policies which prohibit discrimination against transgender servicemembers, provide a path for transgender servicemembers to access gender-affirming medical care, and require that all transgender servicemembers are treated with dignity and respect. Patriotic transgender servicemembers are once again able to openly and proudly serve our Nation in uniform.
     
  • Signing and Leading Implementation of a Presidential Memorandum on Advancing the Human Rights of LGBTQI+ Persons Around the World. President Biden directed all agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBTQ+ persons. His Memorandum establishes that it “shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQ+ persons around the world.”
     
  • Ensuring Transgender Americans Can Access Emergency Shelter That Dignifies and Respects Their Identity. The Department of Housing and Urban Development restored protections for transgender individuals seeking emergency shelter and homeless services. HUD reaffirmed its commitment that no person be denied access to housing or other critical services because of their gender identity.

The cycle of violence against the Trans community must be broken. While the Biden-Harris Administration is working on solutions and policies at the federal level, it is critical to continue the push at the state and local level as Salcedo pointed out.

More-so though there is a need to break the cycle so that less lives are lost to hate and extremism and that begins at the local level. Emphasis needs to be placed on unconditional support and advocacy- not just showing up to a candle-lit vigil to mourn and grieve another Trans life lost.

Advocacy should be to the community supporting sex workers, advocacy should be to show full throated support of Trans youth to be able to play the sports or participate in activities that mesh with their gender identity and not the societal determined “birth gender” construct. Advocacy should be to counter the lies and misconceptions about Trans people and to embrace their existence as human beings.

“Dehumanizing rhetoric has real-life consequences for the transgender community, particularly transgender women of color but especially Black transgender women. As we have seen an unprecedented number of bills introduced in state legislatures attacking transgender youth and trans adults, the moment we are in is clear. They have attacked transgender people’s right to health care, right to exist in public, and right to live openly, with the ultimate goal of dehumanizing and erasing their lives and experiences,” Joni Madison, interim president of the Human Rights Campaign, said.

The year long impact of the Transgender Day of Remembrance must be to honour those lost and prevent further uncessecary loss of life by taking those measures outlined and to create the awareness that Trans people are just that, people.

*********************

Troy Masters is the publisher of the Los Angeles Blade and Brody Levesque is the editor.

 

Continue Reading
Advertisement

Commentary

Worshiping Bob Dole Erases LGBTQ Grief

We must acknowledge how destructive he was-Bob Dole hurt us very badly, & the nation must never forget

Published

on

General John W. Vessey Jr. (L) with Sen. Bob Dole at a 1984 ceremony commemorating the liberation of Rome. (Photo: U.S. National Archives)

By James Finn | DETROIT – If I have to read another news story or opinion piece about how Senator Bob Dole, who died yesterday, was a “champion of bipartisanship” or an exemplar of bygone civility, a “Stalwart of the Senate,” I swear I’m going to lose my lunch, which I haven’t even eaten yet.

I don’t want to speak ill of the dead, and this column is not a personal attack. I know the senator’s family are grieving, and I respect that. Nonetheless, as a member of a traditionally despised minority, as a gay man with a long history of LGBTQ/HIV advocacy, I’m tired of seeing queer concerns trivialized and erased, which seems always to happen when conservative leaders pass away. As a society, we must stop doing that.

Senator Dole made life hell for gay service members

Senator Dole served in World War II, and like many LGBTQ people, he served with distinction. He was awarded a purple heart for being wounded and a bronze star for bravery. In the photo above, Dole is attending a 1984 victory commemoration in Rome.

I was 900 miles away at the time, a closeted gay man serving in the U.S. Air Force in West Berlin, the recipient of a high-level security clearance I committed a felony to receive. My crime? I swore untruthfully that I was not gay. Just having a same-sex experience in the military in 1984 was a felony-level offense, another crime I’m unashamed to be guilty of. Senator Dole worked to keep that “crime” in place, even though being gay in wartime was a very different story.

Good enough to die, not good enough to serve in peacetime

In 1984, I resented being criminalized, especially because I knew gay soldiers had almost never been discharged for being gay during World War II. That only started in scale during the anti-gay “Lavender Scare” of the 1950s that accompanied McCarthyism. The ensuing witch hunt destroyed countless queer lives.

But like magic during the Korean and Vietnam wars, gay soldiers again became temporarily good enough to die for our country. No policies changed, but discharges for homosexuality plummeted as the need for soldiers grew. For a wrenching first-person account of gay Vietnam-era soldiers, see Charles Nelson’s semi-autobiographical “The Boy Who Picked the Bullets Up.”

When the Vietnam War ended, discharge rates for gay soldiers shot right back up, but the military’s gay witch hunt didn’t really take off until Senator Dole led Congress to stymie President Bill Clinton’s pledge to end the military gay ban.

Dole worked hard to keep gay servicemembers out of the peacetime military, centering hateful homophobic tropes

When President Bill Clinton tried in 1993 to lift restrictions on gay servicemembers, the Republican Party fiercely objected, Bob Dole taking point. Lawmakers, including Dole, repeatedly raised concerns about the privacy and safety of straight soldiers, feeding into stereotypes of gay people as sexual predators, validating straight men’s disgust toward gay men.

Bipartisanship? You bet! Homophobic Democrats and Republicans clasped hands.

On November 16, 1992, Democratic Senator Sam Nunn went on CBS’s “Face the Nation” and uttered the following homophobic words:

We’ve got to consider not only the rights of homosexuals, but also the rights of those who are not homosexual and who give up a great deal of their privacy when they go in the military.

LGBTQ people everywhere cursed at Nunn’s horrifying implications. In a spirit of bipartisanship, Dole endorsed that homophobia the same day on NBC’s “Meet the Press,” saying any proposal to allow gay people to serve openly would “blow the lid off Washington.”

Thanks in large part to Dole’s leadership, Clinton’s proposed legislation went down in flames, replaced by the bipartisan 1994 “Don’t Ask Don’t Tell” policy that led, counterintuitively, to the biggest anti-queer witch hunt in U.S. military history. Commanders, who had previously needed proof of homosexual conduct that would stand up in court, could now discharge gay servicemembers merely for being spotted in a gay bar, subscribing to gay publications like the Advocate, or being overheard discussing their sexual orientation. Several of my friends and former military colleagues went down like that, though I had already left the military for New York City life of queer/HIV activist

For 17 years, discharges for “homosexual conduct” soared, until the Obama administration finally ended the ban on gay servicemembers in 2011. Then, contrary to all the homophobic doomsayers like Nunn and Dole, absolutely nothing negative happened to the military. The gay people who had been there all along just stopped living in fear.

Senator Dole was an obstacle in the fight against AIDS

When it comes to politicians being revered despite grievously harming LGBTQ people, Ronald Reagan most frequently comes to mind. His refusal to take the AIDS crisis seriously in the the 1980s led to horrific levels of unnecessary death. So when people offer him up as a paragon of bygone civility and cooperation, we queer folks often gasp in shock. It’s not just that we tend to be progressive and deplore his destroying the labor movement and pushing false economic “trickle-down” theories that set up today’s vast income disparities.

We despise Reagan for killing us by inaction.

While he was smiling on camera from the Oval Office like everyone’s favorite grandfather, we were dying in shocking numbers. By 1987 when Larry Kramer founded Act Up, we were out in the streets chanting “Stop killing us!” We were demanding the federal government end its apathy, marshal its immense resources to make the HIV epidemic a serious national priority. That Reagan didn’t care and wouldn’t act is a matter of commonly understood history.

Less well known is that Senator Dole was as callous and apathetic as Reagan

Poz Magazine interviewed Winnie Stachelberg of the Human Rights Campaign (HRC) in 1996 when Dole was running for President. She stated flatly what most of us AIDS activists knew from direct experience: “Senator Dole has not been a friend to the AIDS community.” At a time when moral vision and leadership were needed to prevent great suffering, Stachelberg said, “[Dole] in no way has been proactive or actively supportive.”

Quite the opposite: while Dole eventually voted for the critical 1995 Ryan White CARE Act, he did so reluctantly after repeatedly refusing to allow the funding bill to come to the Senate floor and after voting for “poison pill” amendments arch-homophobe Senator Jessie Helms introduced to make the Act too toxic to pass.

Eventually, heroes like Dr. Anthony Fauci of the CDC and Peter Staley of Act Up and TAG pushed policies and research forward that resulted in effective treatment for HIV and saw a vast reduction in suffering and dying, but none of us involved in that effort can forget that Senator Bob Dole chose to obstruct us rather than help us.

Was Bob Dole a homophobe? Does it matter?

I don’t know what was in the senator’s heart, and I don’t think his private thoughts matter. Much is made of his returning a campaign contribution from the gay Log Cabin Republicans in 1995. Some say his initial assertion that he could not endorse their “gay agenda” was outweighed by his later changing his mind. New York Times theater critic and editorialist Frank Rich (who is straight) used the occasion to opine that Dole was “no homophobe” and an “unambiguous opponent of anti-gay discrimination.”

I remember reading that column with a level of astonishment informed by Dole’s unapologetic public opposition to gay military service, his implacable opposition to same-sex marriage, and his repeated obstruction of HIV funding. I wondered what an “ambiguous” opponent might look like.

The long and short is that Dole DID oppose gays in the military, DID oppose same-sex marriage, and DID act as a serious obstacle to AIDS funding. And he did it all in the name of congenial politics.

I’m not saying that to label him a monster. I’m not saying that to disparage the Republican Party. I’m not saying it to be a contrarian the day after his death. I’m saying it because I’m tired of reading about what a nice man he was and how his political style is something we should all aspire to — when nobody is talking about how grievously he hurt LGBTQ people.

I’m tired of being a member of such a small minority that nobody cares

Somebody should be writing these truths today, but you won’t find them in the pages of the New York Times, the Washington Post, or any other mainstream source, not while, as NBC News puts it, “Bipartisan tributes pour in after death of Bob Dole.”

Everyone is writing about what a “nice” man Bob Dole was, what a “good” man he was, what a “decent politician” he was. To do that, they must ignore that he was the opposite of nice and decent to LGBTQ people. They have to erase our issues, concerns and grief. They have dismiss our dead and our destroyed.

I don’t hate Bob Dole, nor do I wish ill on those who loved him as a friend and family member. But as a nation, we must not dismiss and erase LGBTQ people.

Bob Dole hurt us very badly, and the nation must never forget.

********************

James Finn is a former Air Force intelligence analyst, long-time LGBTQ activist, an alumnus of Queer Nation and Act Up NY, a regular columnist for queer news outlets, and an “agented” but unpublished novelist. Send questions, comments, and story ideas to [email protected]

********************

The preceding article was previously published by Prism & Pen– Amplifying LGBTQ voices through the art of storytelling and is republished by permission.

Continue Reading

Commentary

How twisted and amoral has America become?

We will all die in some version of stone cold obscurity if we let compassion die quietly. Silence Still = Death

Published

on

ACT UP/LA founder Mark Kostopolous arrested outside FDA Headquarters, Silver Spring, Md. mid 1980's (Screenshot via ACTUP/LA video)

By Karen Ocamb | WEST HOLLYWOOD – Dec. 1, 2021 – a date that will live in infamy for so many reasons, not the least of which is the announcement of the new Omicron variant coronavirus case in the US.

Yesterday, the Los Angeles Times reported it’s in LA. The Times also reported: “The Omicron variant, now present in at least 23 countries around the world, was probably incubated in the body of a person with an immune system battered by HIV or another immune-compromising condition that can cause a prolonged coronavirus infection, according to the South African scientist who detected the fast-spreading genetic mutant.”

From the beginning of COVID, those of us with some familiarity with the AIDS crisis have been stunned by the odd similarities. COVID is, in fact, the mysterious fatal airborne disease everyone first thought HIV/AIDS was.

Remember how people panicked and were afraid to be in the same space, touch an object owned by a person with AIDS, share a cigarette or a straw or eating utensils with someone infected with HIV lest the user catch AIDS? Eventually, the CDC said that’s not how HIV is transmitted – it’s not airborne.

Nonetheless, people with HIV/AIDS were stigmatized, shamed and ostracized – which is why we had to take care of our own. Today, the CDC is begging the public to recognize that COVID and its variants ARE airborne and easily transmitted. But instead of panic, too many Americans inconceivably believe wearing a mask to protect themselves and others somehow deprives them of their freedom.

And scientists tethered to the so-far fruitless search for an HIV/AIDS vaccine applied that work to creating COVID vaccines with unprecedented speed – which has been met with loud hostile protests from millions of anti-vaxxers who search Google for remedies that conform to their conspiracy theories.

This is just mind-boggling to those of us who witnessed, protested and survived the AIDS crisis. I vividly remember the shouting match that broke out between Project Inform’s Martin Delaney and Being Alive’s Dave Johnson in 1989 over who should get experimental HIV drugs first as the foot-dragging FDA started to consider compassionate release of experimental AIDS drugs on a parallel track while continuing their efficacy tests.

Delaney was in West Hollywood to discuss the very controversial drug Compound Q that Jim Corti smuggled out of China. Despite some dire news reports, gay men clinging to life were clamoring to get into Delaney’s trials. Desperation was choking the hope out of everyone in that WeHo Park Auditorium as HIV-negative Delaney and HIV-positive Johnson debated whether experimental AIDS drugs should be triaged so only those with the best chance of getting better should get the drugs first or they should go to the people closest to death.

Let that sink in. West Hollywood Park Auditorium was the frontline bunker in a virtual war zone with young gay squad leaders arguing over who gets saved and who’s left to die.

This Dec. 1, World AIDS Day, occurred during the 40th anniversary of the first CDC article announcing the arrival HIV/AIDS. Among the many commemorations by AIDS Healthcare Foundation, APLA Health, The Wall Las Memorias, In The Meantime Men, and the AIDS Monument in WeHo — ACT UP/LA announced they are creating a new oral history project (see actupla.org), including leader Mark Kostopolous (h/t Ann Bradley).

In a press release, ACT UP/LA recalled: “Activists took a stand to confront and demand redress of attitudes like those of Los Angeles County Supervisor Pete Schabarum, when he dismissed the recommendations of the County AIDS Commission [demanding an AIDS Ward at County Hospital] stating: “If you were to poll the man on the street, I think you would find the vast majority of the public really has no interest in the subject of AIDS and certainly could care less about the public financing, the needed programs that you’ve articulated.”

But we cared. And in addition to protesting, pushing elected officials and creating institutions and agencies to meet the needs, we loved and took care of our brothers and sisters in a thousand small ways.

Courtesy of the author.

Allen is but one gay man whose name has been lost to all but his Latino lover. I knew Allen from our shared 12 Step program. One night he called in a panic, crying because he’d thrown up and soiled himself. His partner and his partner’s mother – who didn’t like Allen – were out for a dinner break in Silver Lake. I jumped in the car and dashed over. The lover left the door open in case paramedics needed to be called. Allen was so humiliated and afraid, he would have sunk into the bed and disappeared if he could have.

As I cleaned him up and gagged over the vomit on the floor, he kept apologizing for being a burden. And then he started talking about how he knew he was dying but couldn’t talk to his partner about it. His partner was having difficulty watching Allen waste away, not knowing how to make it all stop and go back to their glorious time together. I just listened and stroked Allen’s arm and wiped his fevered brow.

The partner and the mother were shocked to see me when they walked in, almost as if I was an intruder. As I explained why I was there, I could see Allen go from being happy to see them to looking like he was a hostage with Stockholm Syndrome. I stroked his hair back from his forehead as I said goodbye. He thanked me with his frightened eyes. I never saw or heard from or about him again.

Cut to today. So far, 777,000 people have died from COVID and its variants since the first case in California in Feb. 2020. To repeat: of 48.1 million COVID cases, 777,000 have DIED in 22 months, most in obscurity like Allen. Where’s the protest? How twisted and amoral has America become?

We will all die in some version of stone cold obscurity if we let compassion die quietly. Silence Still = Death.

ACT UP Los Angeles Oral History Project

***********************

Karen Ocamb is a veteran journalist, who now works for Public Justice. She has chronicled the lives of LGBTQ+ people in Southern California for over 30 plus years.

Continue Reading

Commentary

The end of LGBTQ+ rights is maybe here

The court is signaling that we are returning to a time where “community morals” are sufficient basis for law

Published

on

LGBTQ Task Force and other pro-choice protesters at the U.S. Supreme Court 12/1/21 (Photo by Cathy Renna)

By Brynn Tannehill | FAIRFAX COUNTY, Va. – On Wednesday, December 1, 2021 the U.S. Supreme Court heard oral arguments in the case of Dobbs v. Jackson on whether to uphold Mississippi’s ban on abortions after 15 weeks. This would effectively overturn Roe v. Wade, which holds that states cannot limit access to abortion “pre-viability”.

The court appears poised to either overturn Roe v. Wade, or render it moot. This would reverse 50 years of precedent in the U.S..

It is also a sign that LGBTQ+ rights in the U.S are about to go backwards as quickly and irrevocably. During arguments, Associate Justice Brett Kavanaugh asked, “Why should this court be the arbiter rather than Congress, the state legislatures, state supreme courts, the people being able to resolve this?” He also suggested that the court should, “return to a position of neutrality on that contentious social issue rather than continuing to pick sides…”

The conservative majority of the court is declaring that anything that remains controversial should be overturned and kicked back to the states (or Congress) to be decided. Associate Justice Sonia Sotomayor noted under this theory cases like Obergefell (marriage equality) and Griswold (access to contraception) would have to be overturned as well.

The Mississippi solicitor general hand-waved away these questions by claiming that Obergefell was no longer controversial, so there would be no push to overturn it.

This is a lie, however. An amicus brief in Dobbs v. Jackson, submitted by the former Texas Solicitor General Jonathan Mitchell (one of the architects of Texas “abortion bounties” law), explicitly calls for the court to overturn Roe v. Wade, and Obergefell, Lawrence v. Texas, and Griswold along with it under the same legal theories. 

Twelve states have “trigger laws” banning abortion that will go into effect the moment that Roe v. Wade is overturned. Similarly, 31 states still have laws or constitutional amendments banning same-sex marriage on the books that would go back into effect if Obergefell goes down, including California, Oregon, Colorado, and Virginia.

Fourteen states still have anti-sodomy laws that would make gay sexual relations illegal again if Lawrence is overturned.

Given that the bans on abortion are primarily based on religious beliefs, the court is signaling that we are returning to a time where “community morals” are sufficient basis for law, and that the Supreme Court will be reluctant to intervene.

Given that deceased anti-gay Associate Justice Antonin Scalia decried legalizing consensual sex between adults as a matter of equal rights or fairness, “The law is constantly based on notions of morality,” he opined.

We are now at a moment where Scalia’s vision of the law is dominant at the Supreme Court. Obergefell rests on Lawrence rests on Roe rests on Griswold. With Roe gone or rendered impotent, the house of cards will almost certainly fall, Pandora’s Box will open, and all the horrors in hell will pour out of it.

States like Texas would dearly love to overturn Obergefell and will almost certainly file to do so within weeks of the court releasing its decision in the Summer of 2022. This sets us on a course for Obergefell to be overturned in 2024, and Lawrence a few years later.

Conservative states would also target the 1996 case of Romer v. Evans, which ruled that states cannot pass laws targeting minorities without a rational basis beyond “community morals”. With these re-established as a basis for law, Romer is probably doomed as well, allowing red states to pass all sorts of nasty laws that deliberately target LGBTQ+ people.

For example, they could pass laws banning transition related care for all trans people, not just youth. Or, they could pass a law forbidding the state, or state contractors, from hiring “known homosexuals”. Or create a special “potential sex offender” list for anyone diagnosed with gender dysphoria and make most health care professionals and teachers mandatory reporters.

The list of potential horrors once Obergefell, Lawrence, and Romer are gone is almost endless. All three of them are almost certainly doomed if the signals we’re getting from the court are an accurate indication.

It’s reasonable to believe all three will be gone by 2028, if not sooner. When they’re gone, the only thing preventing states dominated by the GOP from going for the metaphorical jugular is if they somehow, inexplicably, decide that they’re going to tolerate LGBTQ+ people in their midst, when they don’t have to.

Our community’s continued existence is counting on the GOP to collectively develop empathy for us and forgo the chance to “Make America Great Again” by going back to 1954 when queers had no rights and were all confined to the closet.

That’s a sucker’s bet if I ever saw one.

*********************

Brynn Tannehill is a senior analyst at a Washington D.C. area think-tank, and is the author of “American Fascism: How the GOP is Subverting Democracy.”

Continue Reading
Advertisement
Advertisement

Follow Us @LosAngelesBlade

Sign Up for Blade eBlasts

Popular