Opinions
Supreme Court poised to roll back LGBTQ rights
Rebalance stolen court via expansion, term limits
LGBTQ advocates were rightly relieved when the Supreme Court handed down Bostock v. Clayton County this past June, a case that extended the prohibition against discrimination in employment to include discrimination based on sexual orientation and gender identity. And with the most LGBTQ-friendly President-elect in U.S. history poised to take office in a matter of days, our community has even more reason to be hopeful.
Despite these positive developments, however, the Supreme Court poses a grave danger to the LGBTQ community. As the court ushers in a new era of conservative dominance—with anti-LGBTQ justices holding a 6-3 supermajority—the fragile judicial coalition on which the movement for equality has relied is at significant risk of being cast aside.
Justice Amy Coney Barrett’s recent confirmation to the court is deeply concerning. Justice Barrett has defended Justice Roberts’ dissent in Obergefell, indicating that the issue of marriage equality should belong to state legislatures. She has repeatedly used transphobic and homophobic language, and even argued that Title IX does not protect transgender people. Her extremist positions will embolden the anti-LGBTQ conservative justices on the court – Justices Kavanaugh and Alito recently held an inappropriate private meeting with an anti-gay activist who had filed briefs in pending cases — and other Trump-appointed judges, as well as state legislatures to take anti-LGBTQ stances. With equality hanging in the balance, the LGBTQ community cannot afford a Supreme Court that stands to crush any progress made.
Marriage equality: In October, the Supreme Court denied certiorari to a case involving Kentucky woman Kim Davis, who refused to issue marriage licenses to same-sex couples. However, the denial of certiorari came with warning signs: Justices Alito and Thomas wrote a section that cast doubt on the constitutionality of Obergefell, the landmark Supreme Court case in which Justice Kennedy’s opinion that held that marriage is a fundamental right guaranteed to same-sex couples by the Constitution. In the certiorari denial, Justice Thomas wrote: “By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the Court has created a problem that only it can fix. Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.’” While broad majorities of the American people support marriage equality and opponents of it might not have the votes on the Supreme Court to overturn the precedent, it is nonetheless a troubling sign that two Justices would sign onto discrimination against our fellow citizens.
Discrimination: The currently pending case before the Supreme Court about discrimination is Fulton v. City of Philadelphia. The case emerged from circumstances in 2018: The city of Philadelphia had hired a number of agencies for foster care service. When the city learned that two agencies denied same-sex couples as foster parents, Philadelphia threatened to stop using the agencies unless they agreed to nondiscrimination requirements. While one of the agencies complied, the other, the Catholic Social Services (“CSS”), sued the city in federal district court. The federal district court found in Philadelphia’s favor, which the Third Circuit then unanimously affirmed. Nonetheless, the Supreme Court granted certiorari.
The CSS claims that because the city looks to several factors, including religious and racial factors, in spite of anti-discrimination law, it cannot at the same time prohibit the agency from considering the sexual orientation of foster parents under the guise of “religious belief.” If Philadelphia makes exceptions to its anti-discrimination laws in foster placement, it must also allow religious agencies an exception as well. If Philadelphia does not do so, it violates the First Amendment. The city claims that it can choose not to provide government contracts to organizations that do not adhere to its nondiscriminatory requirements. For the court to decide otherwise, it would mandate that the city discriminate.
The stakes are high, in part because a ruling against equality in Fulton could provide cover for undermining Bostock, which extended Title VII protections to LGBTQ employees. An expansion of the religious liberty to discriminate could eat away at Bostock. Even a 5-4 court with Justice Kennedy ruled against LGBTQ rights in Masterpiece Cakeshop. Now, with a 6-3 conservative supermajority, Fulton could strike a big blow against equality.
Health care and family: If the Supreme Court strikes down the Affordable Care Act (ACA) in California v. Texas, health care protections for the LGBTQ community would be eliminated. Section 1557 of the ACA is the law’s non-discrimination provision, which bans discrimination in health care on the basis of sex. The Obama administration’s rule interpreted Section 1557’s ban on sex discrimination to include discrimination on the basis of sexual orientation and gender identity. In addition to Section 1557, the ACA as a whole has been enormously important for the LGBTQ community. The uninsured rate for lesbian, gay and bisexual Americans fell dramatically due to the ACA and LGBTQ adults have become more likely to report having regular access to health care. For transgender Americans, who are more likely to live in poverty or be unemployed and to face enormous challenges and have negative experiences accessing health care, the ACA’s Medicaid expansion and provision of individual health insurance through the marketplaces are critical. The 6-3 conservative supermajority on the court makes the end of the ACA significantly more likely, with disastrous consequences that will disproportionately affect the LGBTQ community.
Lawsuits challenging the Obama administration’s interpretation of Section 1557, particularly in regard to its ban on discrimination on the basis of gender identity, have been percolating in the federal courts for years. The Trump administration has attempted to reverse those protections, but it is widely expected that the Biden administration will revert to the Obama-era rule. Even if the ACA survives, this line of litigation could undermine critical protections for transgender individuals in the health care system. While the Supreme Court’s decision in Bostock v. Clayton County last term interpreting similar language in Title VII (discrimination on the basis of sex) to cover gender identity should be definitive, the 6-3 conservative supermajority could decide to distinguish these cases and allow for discrimination against LGBTQ individuals in health care. Since so many of the nation’s hospitals are affiliated with religious organizations such as the Catholic Church, the court could seize on Justice Gorsuch’s language in Bostock suggesting that the Religious Freedom Restoration Act (RFRA) could trump Title VII to require broad religious exemptions from non-discrimination in health care.
Transgender rights: In addition to the massive blow that a gutted ACA could have for transgender rights, other cases about transgender rights percolating in the lower courts may someday make their way to the Supreme Court. In Saba v. Cuomo, for example, a transgender, nonbinary resident sued the state of New York for refusing to allow Mx. Saba to obtain a driver’s license that accords with Mx. Saba’s gender identity. In August, a lower court preliminarily enjoined Idaho’s law that barred transgender women from participating on women’s sports teams. That decision is currently being appealed.
Just this past year, the Fourth Circuit and the Eleventh Circuit considered whether school bathroom policies violated transgender students’ rights. Though both circuits ruled in favor of the students, the Grimm case briefly reached the Supreme Court in 2017 before being sent back to the lower court. In 2019, the Supreme Court rejected certiorari in a case involving transgender bathrooms, leaving a lower court’s trans-affirming decision in place. But it only takes four votes for the Court to take a case, and with a 6-3 supermajority now firmly in place, there is no telling the havoc it could wreak on transgender rights.
As we celebrate the end of the Trump era, and as we prepare to work with the incoming Biden administration to restore rights that have been destroyed over the past four years while advancing the case for equality, the LGBTQ community must pay attention to the danger posed by anti-LGBTQ justices, and we must advocate forcefully for judicial reforms such as court expansion and term limits that rebalance the stolen, illegitimate court.
Aaron Belkin is the director of the Palm Center and of Take Back the Court, and a political science professor at San Francisco State University.
First what isn’t. That would be snow removal in D.C. I understand the inches of sleet that fell on the nearly four inches of snow, and historic days of freezing weather, make it very difficult. But it took three days until they brought out the bigger equipment. Then businesses and homeowners were told they wouldn’t be fined for not clearing their sidewalks, which they have to do by law. That clearly made things worse. The elderly and disabled have an exemption from that, others shouldn’t be given one. Then there was no focus on crosswalks, so pedestrians couldn’t get around, and no apparent early coordination with the BIDS.
Then there are about 2,200 National Guard troops strolling D.C., yes strolling, at least before the snow. Why weren’t they given immediate snow removal duty. If the president gave a damn about our city he would have assigned them all to help dig out the city. We could have used their equipment, handed out shovels, and put the Guard to use immediately. Maybe the mayor put in her request for the Guard a little late.
I have met and chatted with many Guard members across the city. A group from Indiana regularly come to my coffee shop, though I haven’t seen them since the snow. I always thank them for their service — I just wish it wasn’t here. Nearly all agree with me, saying they would rather be home with their families, at jobs, or in school. I’ve met Guard members from D.C., West Virginia, Indiana, Mississippi, and Louisiana. My most poignant meeting was with one Guard member from West Virginia the day after his fellow Guard member was murdered. Incredibly sad, but avoidable; she should never have been assigned here to begin with. The government estimates it costs taxpayers $95,000 a year for each deployment. So, again, instead of strolling the streets, they should have been immediately assigned to assist with snow removal. Clearly the felon, his fascist aides, and incompetent Cabinet, are too busy supporting the killing of American citizens in Minneapolis, to care about this. I thank those Guard members now helping nearly a week after the snow began to fall. I recognize this was a difficult storm. I hope the city will learn from this for the future.
Now for something happening in D.C. that shouldn’t be. A host of retreads have announced they are candidates for office in both the June Democratic primary, and general election. Some are names you might remember but hoped were long gone. Two left the Council under ethical clouds. One is Jack Evans. He announced his candidacy for City Council president. I like Jack personally, having known him since he served on a Dupont ANC. This race is a massive waste of time and money, as he will surely lose. Even before his ethics issues were made public, and his leaving the Council under a cloud in 2020, he ran for mayor in 2014. At that time, he received only 5% of the vote, even in his own Ward. At 73, he should accept his electoral career is over. Another person who left the Council over questionable ethics, Vincent Orange, who is nearly 70, announced he is running for mayor. He did that last in 2014, when he got only 2% of the vote in the primary. He is another one who will surely lose. Both will likely qualify for city funding, wasting taxpayer money. I know I will be called an ageist. But reality is, in most cases, it’s time for a new generation to take the lead. Another person who has served before, was defeated for reelection, is now trying for a comeback on the Council. I think the outsized egos of these individuals should not be foisted on the voters. If they are really interested in serving the community, there are many ways to do it without holding elective office.
Then there is ICE and the continuing situation in Minneapolis. I applaud Democrats in Congress for holding up long-term funding for ICE for at least two weeks and getting the felon to negotiate. Now not every ICE agent behaves like the gestapo, but their bosses condone the behavior of the ones who do. Secretary of Homeland Security, Kristi Noem, who shot her dog, and Trump’s Goebbels, Stephen Miller, seem to think nothing of causing the deaths of American citizens.
Now the felon’s FBI and DOJ are arresting journalists; then going to Georgia and removing stored ballots from the 2020 election, all because the felon is still obsessed with that loss. His disappearing DNI, Tulsi Gabbard, was involved in that for some reason. The felon is a sick, demented, old man. They must all be stopped before they completely destroy our democracy.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Some people excuse the sick felon in the White House for confusing Iceland and Greenland, after all, they are both cold. Actually, he is a senile old fool, and people must consider whether he should be locked up and kept out of trouble. The only problem with that is J.D. Vance. He could be worse, because however disgusting, he is smarter. After all, he once compared Trump to Hitler.
The felon creates problems and then thinks when he backtracks on what he said or did, he should get credit for solving the problem he created. Recently the stock market plummeted 800 points in one day, based on the stupid things he said about attacking Greenland and imposing tariffs on our allies. When he changed his mind and backtracked, he took credit for the market going up. In some ways it simply looks like insider trading, when his friends and family knew what he was going to do. To others, it is simply a ploy to get Epstein off the front pages, and based on our media not doing their job, it’s working.
His speech in Davos was totally embarrassing. Joe Biden clearly lives in his head since he defeated him in 2020. He apparently blames Biden for the fact that during Biden’s presidency, Trump was charged and convicted of various crimes including 34 felonies.
He recently told the New York Times he can do anything he wants as president, as long as it doesn’t conflict with his own morality. Since he has none, he believes he can do anything. Now we see being King of the United States is not enough; he wants to be an emperor. Hence his formation of the ‘Board of Peace.’ Simply another way of grifting, as he is asking for a billion dollars from each member, and there are no obvious controls on the money. It will not be a success, again except for his looting it, when you look at who signed up to join this organization. Members include: three ex-Soviet apparatchiks, two military-backed regimes, and a leader sought by the International Criminal Court for alleged war crimes, with only two EU countries, Bulgaria and Viktor Orban’s Hungary, according to the Financial Times.
Then on his way out the door from Davos, he made the United States, and himself, look even worse, when as reported by CBS news, “President Trump claimed the U.S. had ‘never needed’ its NATO allies, and that allied troops had stayed ‘a little off the front lines’ during the 20-year war in Afghanistan.” This was entirely untrue and actually, “The only time NATO has ever enacted Article 5 was after the 9-11 terrorist attacks on the United States, and the world rallied to the support of the U.S.,” Alistair Carns, the U.K. government’s Minister of the Armed Forces and a veteran who served five tours in Afghanistan alongside American troops, said in a video posted Friday on social media. “We shed blood, sweat and tears together, and not everybody came home. These are bonds, I think, forged in fire, protecting U.S. or shared interests, but actually protecting democracy overall.”
More than 2,200 American troops were killed in Afghanistan, according to the Pentagon. The Reuters news agency says 457 British military personnel, 150 Canadians and 90 French troops died alongside them. Denmark lost 44 troops in Afghanistan — in per capita terms, about the same death rate as that of the United States.”
“Lucy Aldridge, the mother of the youngest British soldier killed in Afghanistan, told the BBC she was “deeply disgusted” by Mr. Trump’s comments. Her son William Aldridge was only 18 years old when he was killed in a 2009 bomb blast, while trying to save fellow troops.”
We are being represented on the world stage by a sick, evil, blathering idiot, who has no idea of history, no morality, and no decency. He was called out on this by the prime minister of the U.K., Keir Starmer, who normally appears to play up to the felon, when he called the remarks “insulting and frankly appalling.” He went on to say, “We expect an apology for this statement. Trump has “crossed a red line’, we paid with blood for this alliance. We truly sacrificed our own lives.”
Every day Trump slides more into the sewer, spreading hate, and violence, both here at home, and around the world. If there are any decent people left around him, unfortunately there may be none, for the good of humanity, they must stop him.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Commentary
Defunding LGBTQ groups is a warning sign for democracy
Global movement since January 2025 has lost more than $125 million in funding
In over 60 countries, same-sex relations are criminal. In many more, LGBTIQ people are discriminated against, harassed, or even persecuted. Yet, in most parts of the world, if you are an LGBTIQ person, there is an organization quietly working to keep people like you safe: a lawyer fighting an arrest, a shelter offering refuge from violence, a hotline answering a midnight call. Many of those organizations have now lost so much funding that they may be forced to close.
One year ago this week, the U.S. government froze foreign assistance to organizations working on human rights, democracy, and development worldwide. The effects were immediate. For LGBTIQ communities, the impact has been severe and far-reaching.
For 35 years, Outright International has helped build and sustain the global movement for the rights of LGBTIQ people, working with local partners in more than 75 countries. Many of those partners are now facing sudden closure.
Since January 2025, more than $125 million has been stripped from efforts advancing the human rights of lesbian, gay, bisexual, transgender, intersex, and queer people globally. That figure represents at least 30 percent of yearly international funding for this work. Organizations that ran emergency shelters, legal defense programs, and HIV prevention services have been forced to close or drastically scale back operations. At Outright alone, we lost funding for 120 grants across nearly 50 countries. We estimate that, without intervention, 20 to 25 percent of our grantee partners risk shutting down entirely.
But this is not only a story about one community. It is a story about how authoritarianism works, and what it costs when we fail to recognize the pattern.
The playbook is not subtle
Researchers at Outright and partners across human rights and democracy movements have documented the same sequence playing out across sectors worldwide: governments defund organizations before passing restrictive legislation, eliminating the groups most likely to document abuses before abuses occur.
In December, CIVICUS downgraded its assessment of U.S. civic freedoms from “narrowed” to “obstructed,” citing what it called a “rapid authoritarian shift.” The message was unmistakable: independent organizations that hold power to account are under growing pressure, in the United States and around the world.
And the effects have cascaded globally. When one of the world’s largest funders of democracy support and human rights work withdraws, it doesn’t just leave a funding gap. It sends a signal to authoritarians everywhere: the coast is clear.
The timing is not coincidental. In the super election year of 2024, 85 percent of countries with national elections featured anti-LGBTIQ rhetoric in campaigns. Across the 15 countries we tracked, governments proposed or enacted laws restricting gender-affirming care, rolling back legal gender recognition, and censoring LGBTIQ expression. The defunding often came first. Governments know that if they can starve the movement, there will be no one left to document what comes next.
Why US readers should care
It may be tempting to see this as a distant crisis, especially at a moment when LGBTIQ rights in the United States are under real pressure. But this story is closer to home than it appears. American funding decisions often help determine whether organizations protecting LGBTIQ people abroad can keep their doors open. And when independent organizations are weakened, no matter where they are, the consequences do not stay contained. The same political networks driving anti-LGBTIQ legislation in the United States share strategies and resources with movements abroad. Global repression and domestic rollback are not separate stories. They are the same story, unfolding in different places.
LGBTIQ organizations are often the first target, but never the last
Why target LGBTIQ communities first? Because we are politically easier to isolate. The same playbook — foreign funding restrictions, bureaucratic harassment, banking access denial — is now being deployed against environmental groups, independent media, women’s rights organizations, and election monitors. When one part of our community is silenced, all of us become more vulnerable. What happens to us is a preview of what happens to everyone.
This is not speculation. It is documented history. In Hungary, the government restricted foreign funding for civil society before passing its “anti-LGBTQ propaganda” law. In Russia, “foreign agent” designations preceded the criminalization of LGBTIQ identity. In Uganda, funding restrictions on human rights organizations came before the Anti-Homosexuality Act. The pattern repeats because it works.
And yet, even as these attacks intensify, victories continue. In 2025, Saint Lucia struck down a colonial-era law criminalizing consensual same-sex intimacy after a decade of regional planning and coalition-building. Courts in India, Japan, and Hong Kong upheld trans people’s rights. Budapest Pride became the largest in Hungarian history — and one of the country’s biggest public demonstrations — despite a government ban. In Thailand, years of patient advocacy culminated in marriage equality becoming law in 2025, the first such victory in Southeast Asia.
These wins happened because our movement built the capacity to survive hostility. Legal defense funds. Documented evidence. Regional coalitions. Emergency response networks. The organizations behind these victories are precisely the ones now facing drastic funding cuts and even closure.
What we are doing and what we need
On Jan. 20, 2026, Outright International publicly launched Funding Our Freedom, a $10 million emergency campaign running through June 30, 2026. We have already secured over $5 million in pledges from more than 150 donors. But the gap remains enormous.
The campaign supports two priorities that must move together. Half of the funds go directly to frontline LGBTIQ organizations facing sudden shortfalls: keeping staff paid, maintaining safe spaces, securing legal support, and continuing essential services. The other half supports Outright’s global work: documenting abuses, training activists, and advocating for LGBTIQ inclusion at the United Nations and other international forums. This is how LGBTIQ people remain seen, heard, and defended, even when governments attempt to erase them.
We structured Funding Our Freedom this way because frontline support without protection is fragile, and global advocacy without frontline truth is hollow. Both must survive.
Funding Our Freedom is not charity. It is how we keep the global LGBTIQ movement alive when governments try to erase it.
A call to those who believe in equality and democracy
If you are part of the LGBTIQ community, this moment is personal. Whether you give, share this work, host a small fundraiser, or bring others into the effort, you become part of what keeps our global community connected and protected.
If you are an ally or simply someone who believes in fairness, free expression, and accountable government, this fight is yours too. The defunding of LGBTIQ organizations is not an isolated decision. It is a test case. If it succeeds, the same tactics will be used against every group that challenges power and defends vulnerable people.
We are not asking for sympathy. We are asking for commitment. The organizations now being forced to close are the ones that document abuses, provide legal defense, support people in crisis, and show up when no one else will. If they disappear, we lose more than services. We lose the ability to know what is happening and to respond.
Authoritarians understand this. That is why they target us first.
The question is whether the rest of us understand it in time.
Maria Sjödin is the executive director of Outright International, where they has worked for over two decades advocating for LGBTIQ human rights worldwide. Learn more at outrightinternational.org/funding-our-freedom.
