Opinions
Opinion | LGBTQ victories are largely legal, not legislative
Leading lobbying groups ineffective as we face hostile Supreme Court
The recent conclusion of last month’s Pride month celebrations marked an annual milestone in both the history and advancements of rights for the LGBTQ community. The progress for LGBTQ rights over the last two decades has been groundbreaking – oftentimes described as an exemplary movement obtaining rights for a marginalized community. It was less than 20 years ago the United States Supreme Court struck down the country’s first real gay rights test in Lawrence v. Texas, decriminalizing “homosexual conduct” among consenting adults.
Even in the most recent years, we all recognize how major achievements like marriage equality to the protection of gay adoption – to the recent action ensuring a fully inclusive military with transgender service – have benefited the community. But with new attacks arising daily in state capitals around the nation, like transgender sports becoming the new “bathroom bill,” LGBTQ future generations are counting on the leading LGBTQ rights and legal organizations to secure more equality.
Almost unanimously, these groundbreaking rights – while being achieved at almost lightning speed (although not fast enough for the millions of LGBTQ Americans whose lives have been, and still being impacted) – have been won in American courtrooms, not the halls of Congress.
While the first federal LGBTQ rights bill was introduced in Congress in 1975 by former Rep. Bella Abzug (D-N.Y.) making it illegal to discriminate on the basis of sexual orientation, it was simply referred to the Judiciary Committee and died. Forty-six years later barring discrimination on the basis of sexual orientation or gender identity, part of today’s Equality Act, has still not been passed into law by the LGBTQ lobbying organizations – and faces a similar fate this year in the U.S. Senate.
The Equality Act, the chief legislative target for Washington, D.C.’s LGBTQ lobbying organizations is dead in Congress despite the ripest political environment with a Democratic House, Senate and White House. The Senate’s filibuster and Sen. Mitch McConnell (R-Ky.) are major structural problems for the legislation, but there is not even serious discussion or demands from the LGBTQ lobbying community to insist on passage through filibuster reform.
Must we automatically presume the LGBTQ community is so low a priority we are essentially beholden to prejudice of the minority in the Senate? When, therefore, can we ever expect any action? If not now, then when will gay lobbying succeed?
As an LGBTQ researcher at the University of Sydney in preparation for a new academic piece, I wanted to find out how groundbreaking LGBTQ rights could be won in courtrooms while lingering in Congress for half a century. The central question this research tried to answer was, “what factors contribute to LGBTQ lobbyist and advocate perceptions of movement success by LGBTQ organizations?” The answer became pretty clear when surveying the top LGBTQ lobbying and government affairs professionals, the ones with the most intimate, front-line view of congressional outreach.
Overwhelmingly, the research concludes the leading mainstream legal organizations have been primarily responsible for the community’s progress – not the LGBTQ organization’s lobbying efforts. The Human Rights Campaign (HRC), the wealthiest LGBTQ organization with a $48 million a year budget based in Washington, D.C. and founded 41 years ago, was ranked 10th most effective out of 17 organizations ranked. Since 2018, HRC has fallen six additional positions since the original research was published. In contrast, Lambda Legal, the LGBTQ community’s foremost legal rights organization, followed by the legal powerhouse, the ACLU, have moved ahead of them ranking as the most effective LGBTQ organizations.
The research clearly demonstrates the ineffectiveness of the LGBTQ lobby, which has largely focused on gaining access to power structures instead of winning legislative victories. Fundraising models of these organizations, built largely around monetizing their access to power, has left little evidence of their effectiveness and in turn, has strengthened systems of oppression against an overwhelming number of LGBTQ people of color, transgender individuals and lower-income members of the community. The “access to power” model of LGBTQ lobbying has essentially commercialized gayness (white, cisgender, English-speaking, middle and upper class gayness) as a consumable product that most often benefits those in power. It’s a “scratch my back, and I’ll scratch yours” system of lobbying that shuts the door on the most marginalized LGBTQ people – those most in need of legislative victories to protect their lives.
Today, regardless of all of the progress in LGBTQ legal victories over the last two decades, the community is in the most dangerous place it has been in 25 years. LGBTQ lobbying does not work, and LGBTQ legal avenues have catastrophically changed. The 6-3 Supreme Court is poised to undermine Roe, which some say undermines Lawrence, which undermines Obergefell (the groundbreaking 2015 marriage equality decision). A house of very successful, but delicate legal cards, may begin to fall. The LGBTQ community is holding its collective breath against an anti-LGBTQ Supreme Court majority, and the spotlight is now shining brightly on the LGBTQ lobby and their ability to produce legislative success.
Unfortunately, the organizations responsible for shaping the community’s relationship with states and the federal government are largely seen as ineffective and oftentimes harmful to progress. This ineffectiveness leaves the LGBTQ community in a dangerous and perilous moment in the movement’s history.
To be successful, a radical transformation of the movement’s lobbying must happen immediately by shifting to a much more state-based movement, where anti-LGBTQ opponents are already attacking the identity and existence of transgender people with the introduction of more than 100 bills aimed to curb the rights of transgender people nationwide. Secondly, the danger to the lives of LGBTQ people from these legislative harms must be amplified and ready to be fought against. And lastly, a new model of investment is required that prioritizes the lives of transgender individuals and people of color and embraces an intersectional approach to lobbying.
The LGBTQ movement is about to face darker days ahead. Leaders in Washington’s premier gay rights groups, including their lobbyists, must figure out how to protect our children, protect the poor, and lift up the marginalized or face disastrous consequences in the next few years in legislative bodies from city halls to the U.S. Capitol. Otherwise our hopes to tackle issues like transgender sports and equality will rest solely on the LGBTQ legal apparatus.
Christopher Pepin-Neff, Ph.D., a senior lecturer in Public Policy in the Department of Government and International Relations at the University of Sydney, is the author of ‘LGBTQ Lobbying in the United States.’
I hope you have a great Thanksgiving and can enjoy it with family and friends and that you have things you can be thankful for this past year. That you have your health. Now here is the column I would have liked to share with you this Thanksgiving:
To all my friends and family. This year I am thankful the felon has left the White House. It feels we can all finally breath again. I am so happy his idea of a ballroom at the White House was a joke, and we can once again walk in Jackie Kennedy’s rose garden, and visit the beautiful East Wing. I am thankful the felon’s personal Goebbels, Stephen Miller, lost his job when the reality that he was a fascist was too much to take. It was wonderful to see the Supreme Court wake up and do their job once again. They stopped drinking the MAGA Kool-Aid and voided all the executive orders calling on museums to hide the history of Black Americans, women, and the LGBTQ community. They told the president he didn’t have the right to place tariffs, and that he couldn’t fire legally appointed members of commissions under the rubric of Congress’s control.
Then I am thankful the Congress began to do its job. That so many Republicans grew a set of balls and decided to challenge Speaker Mike ‘sycophant’ Johnson, reminding him they were an independent part of government, and didn’t need to rubber stamp everything the felon wanted. I was thankful to see them extend the SNAP program indefinitely, and the same with the tax credits for the ACA, agreeing to include these important programs in next year’s budget. Then they went further, and paid for the programs, by rescinding all the tax benefits they had given to the wealthy, and corporations, in the felon’s big ugly bill. Finally realizing it is the poor and middle class who they had to help if the country was to move forward. Then I can’t thank them enough for finally passing the Equality Act, and doing it with a veto proof majority, so the felon had to sign it, before he left office. They did the same for the Choice Act, and the Voting Rights Act. It was a glorious year with so much to be thankful for.
Then I am so thankful Congress finally stood up to the felon and said he couldn’t start wars without their approval, and the Supreme Court ruled they were right. That attacking Venezuela was not something he had the right to do. Then the final thing the court did this year I am thankful for, is they actually modified their ruling on presidential immunity, and said the felon’s grifting was not covered, as under their decision that was private, and not done in his role as president. Again, can’t thank them enough for waking up and doing that.
Then there is even more I am thankful for this year. It was so nice to see Tesla collapse, and Musk lose his trillion-dollar salary. The people finally woke up to him and insisted Congress mandate the satellite system he built, basically with money from the government, was actually owned by the government, and he could no longer control who can use it. It was determined he alone would not be able to tell Ukraine whether or not they can use it in their war defending against the Russian invasion. Then I am so thankful Congress went even further, and approved the funds needed by the Ukrainians for long-range missiles, and a missile defense system, accepting Ukraine was actually fighting a proxy war for the West, and Ukraine winning that war would help keep our own men and women off the battlefield.
And speaking of our military, I thank Congress for lifting the ban on transgender persons in the military, and honoring their service, along with the service of women, Black service members, all members of the LGBTQ community, and all minorities. It was fun to see Pete Hegseth being led out of the Pentagon, and being reminded he wasn’t the Secretary of War. There is no Department of War, it is still the Department of Defense, with congressional oversight. Again, so many things to be thankful for this past year. It seemed like my heart runneth over.
Then my alarm went off and I woke up from my big beautiful dream, only to realize I was still living in the Trumpian nightmare.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Commentary
Elusive safety: what new global data reveals about gender, violence, and erasure
Movements against gender equality, lack of human rights data contributing factors.
“My identity could be revealed, people can say whatever they want [online] without consequences. [Hormone replacement therapy] is illegal here so I’m just waiting to find a way to get out of here.”
-Anonymous respondent to the 2024 F&M Global Barometers LGBTQI+ Perception Index from Iraq, self-identified as a transgender woman and lesbian
As the campaign for 16 Days Against Gender-Based Violence begins, it is a reminder that gender-based violence (GBV) — both on– and offline — not only impacts women and girls but everyone who has been harmed or abused because of their gender or perceived gender. New research from the Franklin & Marshall (F&M) Global Barometers and its report A Growing Backlash: Quantifying the Experiences of LGBTQI+ People, 2022-2024 starkly show trends of declining safety among LGBTQI+ persons around the world.
This erosion of safety is accelerated by movements against gender equality and the disappearance of credible human rights data and reporting. The fight against GBV means understanding all people’s lived realities, including those of LGBTQI+ people, alongside the rights we continue to fight for.
We partnered together while at USAID and Franklin & Marshall College to expand the research and evidence base to better understand GBV against LGBTQI+ persons through the F&M Global Barometers. The collection of barometers tracks the legal rights and lived experiences of LGBTQI+ persons from 204 countries and territories from 2011 to the present. With more than a decade of data, it allows us to see how rights have progressed and receded as well as the gaps between legal protections and lived experiences of discrimination and violence.
This year’s data reveals alarming trends that highlight how fear and violence are, at its root, gendered phenomena that affect anyone who transgresses traditional gender norms.
LGBTQI+ people feel less safe
Nearly two-thirds of countries experienced a decline in their score on the F&M Global Barometers LGBTQI+ Perception Index (GBPI) from 2022-2024. This represents a five percent drop in global safety scores in just two years. With almost 70 percent of countries receiving an “F” grade on the GBPI, this suggests a global crisis in actual human rights protections for LGBTQI+ people.
Backsliding on LGBTQI+ human rights is happening everywhere, even in politically stable, established democracies with human rights protections for LGBTQI+ people. Countries in Western Europe and the Americas experienced the greatest negative GBPI score changes globally, 74 and 67 percent, respectively. Transgender people globally reported the highest likelihood of violence, while trans women and intersex people reported the highest levels of feeling very unsafe or unsafe simply because of who they are.
Taboo of gender equality
Before this current administration dismantled USAID, I helped create an LGBTQI+ inclusive whole-of-government strategy to prevent and respond to GBV that highlighted the unique forms of GBV against LGBTQI+ persons. This included so-called ‘corrective’ rape related to actual or perceived sexual orientation, gender identity, or expression” and so-called ‘conversion’ therapy practices that seek to change or suppress a person’s gender identity or expression, sexual orientation, or sex characteristics. These efforts helped connect the dots in understanding that LGBTQI+ violence is rooted in the same systems of inequality and power imbalances as the broader spectrum of GBV against women and girls.
Losing data and accountability
Data that helps better understand GBV against LGBTQI+ persons is also disappearing. Again, the dismantling of USAID meant a treasure trove of research and reports on LGBTQI+ rights have been lost. Earlier this year, the US Department of State removed LGBTQI+ reporting from its annual Human Rights Reports. These played a critical role in providing credible sources for civil society, researchers, and policymakers to track abuses and advocate for change.
If violence isn’t documented, it’s easier for governments to deny it even exists and harder for us to hold governments accountable. Yet when systems of accountability work, governments and civil society can utilize data in international forums like the UN Universal Periodic Review, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Sustainable Development Goals to assess progress and compliance and call for governments to improve protections.
All may not be lost if other countries and donors fill the void by supporting independent data collection and reporting efforts like the F&M Global Barometers and other academic and civil society monitoring. Such efforts are essential to the fight against GBV: The data helps show that the path toward safety, equality, and justice is within our reach if we’re unafraid of truth and visibility of those most marginalized and impacted.
Jay Gilliam (he/him/his) was the Senior LGBTQI+ Coordinator at USAID and is a member of the Global Outreach Advisory Council of the F&M Global Barometers.
Susan Dicklitch-Nelson (she/her/hers) is the founder of the F&M Global Barometers and Professor of Government at Franklin & Marshall College.
Commentary
Second ‘lavender scare’ is harming our veterans. We know how to fix it
Out in National Security has built Trans Veterans State and Local Policy Toolkit
Seventy years after the first “lavender scare” drove LGBTQ Americans from public service, a second version is taking shape. Executive directives and administrative reviews have targeted transgender servicemembers and veterans, producing a new wave of quiet separations and lost benefits.
The policy language is technical, but the result is personal. Veterans who served honorably now face disrupted healthcare, delayed credentials, or housing barriers that no act of Congress ever required. Once again, Americans who met every standard of service are being told that their identity disqualifies them from stability.
Out in National Security built the Trans Veterans State and Local Policy Toolkit to change that. The toolkit gives state and local governments a practical path to repair harm through three measurable actions.
First, continuity of care. States can keep veterans covered by adopting presumptive Medicaid eligibility, aligning timelines with VA enrollment, and training providers in evidence-based gender-affirming care following the World Professional Association for Transgender Health Standards of Care Version 8.
Second, employment, and licensing. Governors and boards can recognize Department of Defense credentials, expedite licensing under existing reciprocity compacts, and ensure nondiscrimination in state veterans’ employment statutes.
Third, housing stability. States can designate transgender-veteran housing liaisons, expand voucher access, and enforce fair-housing protections that already exist in law.
Each step can be taken administratively within 90 days and requires no new federal legislation. The goal is straightforward: small, state-level reforms that yield rapid, measurable improvement in veterans’ daily lives.
The toolkit was introduced during a Veterans Week event hosted by the Center for American Progress, where federal and state leaders joined Out in National Security to highlight the first wave of state agencies adopting its recommendations. The discussion underscored how targeted, administrative reforms can strengthen veterans’ healthcare, employment, and housing outcomes without new legislation. Full materials and implementation resources are now available at outinnationalsecurity.org/public-policy/toolkit, developed in partnership with Minority Veterans of America, the Modern Military Association of America, SPARTA Pride, and the Human Rights Campaign.
These are technical fixes, but they carry moral weight. They reaffirm a basic democratic promise: service earns respect, not suspicion.
As a policy professional who has worked with veterans across the country, I see this moment as a test of civic integrity. The measure of a democracy is not only who it allows to serve but how it treats them afterward.
The second “lavender scare” will end when institutions at every level decide that inclusion is an obligation, not an exception. The toolkit offers a way to begin.
For more information or to access the toolkit once it is public, visit outinnationalsecurity.org/toolkit.
Lucas F. Schleusener is the CEO of Out in National Security.
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