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Opinion | LGBTQ victories are largely legal, not legislative

Leading lobbying groups ineffective as we face hostile Supreme Court

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anti-discrimination laws, gay news, Washington Blade
(Washington Blade file photo by Michael Key)

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.’

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Commentary

Sexting with younger guy has me asking: How queer am I?

Reflections on LGBTQ life in 2024

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Jake Stewart is a recovering Hill staffer based in D.C. In addition to writing, he barbacks at the Little Gay Pub."

Once upon a time, not all that long ago, a man sexted another man. 

There were words. There were pictures. There were filthy questions and even filthier responses. You know, the way a good sexting convo ought to be, for those who dabble. 

One man was 33. The other, 24. And while it comes as no shock that I was the 33-year-old, it may be more surprising to learn it was the 24-year-old who grabbed the reins. 

What kinks you into? he asked. 

Shit – I didn’t know. I barely even bottomed before the pandemic, and now I had to know my kinks? 

I’m open, I replied, evasively. You? 

His response left me coughing: “Love musk sweat ws public group rough bb verbal bate edge roleplay and very open-minded.” 

Now I’m no prude (in fact, many would call me a downright whore) but this young man articulating his kinks and fetishes in such detail blew my mind. When did he learn what he liked? At 24, all I wanted was to top a guy and leave with as little communication or attachment as possible. At 33, I wasn’t sure what a few of the items he listed even meant.  

Perhaps I shouldn’t be surprised when young men — and the younger generation across the LGBTQ spectrum in general — have already figured out their sexual interests. I arrived in D.C. from Idaho in 2008 as a fresh-faced 18-year-old; I came out three years later in 2011. Attitudes toward queerness have shifted substantially since then, and these days it is undeniably easier for younger people to explore their sexual and gender identities (which, by the way, is fantastic). 

But this conversation left me wondering: What do I like? I haven’t sought out that many new sexual experiences, and while fetishes, kinks, and sexual desires can seem trivial, they’re inextricably intertwined with gender and relationships. If I can’t articulate what I like in the sack (or in public, if I dare), then how do I know what I’m seeking from a long-term partner, or if that’s even what I want? 

As soon as I came out, I thought my job was done. All I needed after that was to snatch up a cutie and settle down. Instead, my identity centered on building my career in politics, where sexual openness isn’t as appreciated. I, like many D.C. queers around me, moved here bright-eyed, bushy-tailed, and ready to change the world for good. 

Then came a tough lesson: Just because I wanted to improve the world didn’t mean people wanted me to. I was inexplicably fired from not one job but two, and suddenly the do-gooder in me grew jaded. The career I dedicated years to was suddenly ripped from my hands, and I became so disillusioned I didn’t even want it back. Oh, and the cherry on top: My boyfriend dumped me two days later. 

Once everything unraveled, I wondered: Was the me of the past the me I truly wanted? Or was I reflecting back what I thought everyone wanted me to be? 

Well, a few major meltdowns and an extended slut phase later, my life couldn’t be more different. I now work at a new gay bar in town to support myself, and I’ve given myself space to pursue the arts. This former straight-laced, type-A, tightly wound gay abandoned the safe track and he couldn’t be more terrified. He also couldn’t be more excited. 

But losing my old career also left an existential-sized hole in my identity. So, as I sexted this 24-year-old with newfound awareness of my limitations, I decided this must change. 

How? As I said, I work at a gay bar in one of the queerest cities in America. Now more than ever I’m surrounded by those who are LGBTQ and every shade in between. Why not learn from those around me, whether younger, older, or around the same age, but whose experiences are no less queer? Why not carve out time to have in-depth discussions and discover what the possibilities are? 

If being queer means to go against the established norms of gender and sexuality, then there’s still plenty of territory for me to explore. No longer can ‘bottom’ or ‘top’ be my only options. 

So, the purpose of this column – aptly titled Queer Quest – is to capture my exploration of queer identity. It’s not to teach you as much as it is to teach myself, and you can either learn alongside me or simply be entertained. At the very least, I’ll have a series of portraits on what it’s like to be queer in the mid 2020s. At most, I’ll have a better understanding of who I am as a queer person. 

Then maybe, just maybe, I’ll become a better sexter. 

Jake Stewart is a D.C.-based writer.

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Commentary

What will you do to make Pride safe this year?

Anxiety reigns among American Jews after Oct. 7

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(Washington Blade photo by Michael Key)

Each year, hundreds of thousands of Jews and supporters of Israel attend Pride marches. With a few exceptions, these spaces have always been safe and welcoming for the broader Pride community. 

But this year is different. 

For American Jews, anxiety reigns as we head into this Pride season. The appalling rise of antisemitism since Oct. 7 forces us to ask difficult questions. As many Jews increasingly feel alienated and excluded from progressive spaces, we’re left to wonder: If I wear a Jewish symbol, march with a Jewish group, or wave a rainbow flag adorned with the Star of David, will I be safe at Pride?

Even before Oct. 7, LGBTQ Jews had plenty of reason to feel trepidation about their safety at Pride. From blanket bans on Stars of David at past Pride gatherings to antisemitism on display at the recent Sydney Pride, too often Jews feel forced to choose between their LGBTQ and Jewish identities and hide their connection to Israel.

Since Oct. 7, terms like “apartheid,” “genocide” and “Zionism equals racism” are increasingly thrown around casually, often without a nuanced understanding of their impact or the realities they oversimplify. This rhetoric not only alienates but also endangers Jewish queer people. It makes us feel emotionally unsafe. It increases the chances that we will be physically unsafe as well. 

We must not allow the Israel-Palestine conflict to be imported into Pride.

I will always remember the euphoria of the first Pride rally I attended. I was barely 18 years old, in a crowd of people of all ages, races, genders and gender orientations — and they were like me. Queer. It felt safe. It was the first time I experienced that feeling of safety, and it will always stay with me. 

Like Pride events everywhere, it was a vibrant, colorful space for LGBTQ people to celebrate our true authentic selves, without fear or reservation.

But that feeling of safety wasn’t shared by everyone in my small New England town. I soon noticed a few people scattered throughout the crowd wearing paper bags over their heads, with eye holes so they could see but not be seen. I later learned that those faceless people were teachers who, in those days before civil rights protections, needed to protect their identities and their careers. 

They did not feel safe. Will Jews and those who are connected to Israel feel safe this year?

The history of Pride is a testament to courage in the face of adversity. It wasn’t long ago when attending Pride events was a defiant act against societal norms, where participants like those teachers faced tangible threats of discrimination, ridicule and even violence. Even today in some places, our queer community still navigates a gauntlet of hatred as we try to celebrate who we are.

It’s crucial to recognize that within the Jewish community, there is a wide spectrum of views on the Israeli-Palestinian conflict, including many who are deeply committed to advocating for Palestinian rights. In fact, many of the 1,200 innocent Israelis murdered on Oct. 7 were Zionists who devoted their lives to reconciliation and peace with their Arab neighbors.

We are at a pivotal moment, one that demands action: What can we do to ensure Pride remains a safe space for everyone, including Jewish participants?

It’s imperative that Pride committees around the country proactively address these concerns. They must implement training programs focused on de-escalation and fostering an environment of understanding and respect.

As individuals who stand in solidarity with the values of Pride, each of us must consider our role in this effort. Will you march alongside those of us who feel vulnerable, offering your presence as a shield against intolerance? Will you engage in dialogues that challenge the importation of external conflicts into Pride, advocating instead for a celebration that unites rather than divides?

The true test of inclusivity at Pride lies not merely in welcoming a diverse crowd, but in ensuring that every participant feels safe and valued. If we remain indifferent to the vulnerabilities faced by Jewish queer people this Pride season, we will fall short of the very ideals of inclusivity and solidarity that Pride stands for.

Just as we expect schools to protect trans and nonbinary students like Nex Benedict, we have a responsibility in the LGBTQ community to ensure that people can carry an Israeli flag or a Palestinian flag, wear a yarmulke or a hijab and be safe.

As we look forward to this year’s Pride, let us commit to making it a space where safety is not a privilege afforded to some but a right enjoyed by all. Let’s engage with our local Pride committees, advocate for comprehensive safety measures and stand in solidarity with those who feel at risk. 

Only then can we celebrate the true spirit of Pride, rooted in love, acceptance and the unwavering belief in equality for all.

Ethan Felson is the executive director of A Wider Bridge.

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Opinions

How to protect your sobriety on St. Patrick’s Day

Celebrate with a supportive friend and carry a mocktail

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Sobriety can be challenging, whether you overcame alcohol or drug addiction or chose to abstain from alcohol for a healthier life. Holidays like St. Patrick’s Day can serve as a reminder of the past or could be looked at as another day. 

Many celebrate St. Patrick’s Day sober, as there are generally family-friendly gatherings, community events, or even sober celebrations. If you have concerns about your sobriety, there are practical tips you can use to protect it on St. Patrick’s Day. 

For instance, remind yourself why you are sober, and don’t do it alone. You can still have fun and celebrate but do it with other sober people. Everyone has their reasons for stopping drinking; remind yourself of those reasons and hold yourself accountable.  

Know your triggers; it doesn’t matter if you are a recovering addict or have removed alcohol from your life. Be cautious around possible triggers that pose a challenge. Most people in this situation choose to skip the bar and find something fun to do or go to a sober St. Patrick’s Day celebration. 

Keep a non-alcoholic drink or mocktail in your hand. People will not bother you to ask if you want a drink if you already have something to sip on, like a mocktail. This also leads to planning how to say no. You will encounter social pressure if you go to a bar on St. Patrick’s Day. It’s unavoidable. It’s wise to practice ways to refuse alcohol. 

Finally, if all else fails, take a walk outside if you feel overwhelmed. The most straightforward solutions are usually the best. Remove yourself from any situation you know will lead to relapse. This is also why it’s essential to be with a sober friend or loved one; there is accountability and someone to lean on.

The benefits of being sober are plentiful, along with the numerous health perks, such as better quality sleep, more mental alertness, and lessened anxiety or depression. Yet, there is one benefit that is not necessarily always spoken about. 

Being sober on St. Patrick’s Day or any day removes all chances of impaired driving. Unfortunately, days that promote heavy alcohol use may increase the chances of drunk or drugged driving. For example, in Washington State, impaired driving has been involved in roughly half of fatal crashes for decades. In 2022, 52% of traffic fatalities involved an impaired driver, according to the Traffic Safety Commission. 

Moreover, drivers ages 21 to 30 make up one-third of impaired drivers in fatal crashes, and another 20% are ages 31 to 40. If you are celebrating St. Patrick’s Day sober, take the necessary precautions and look out for one another. If you choose to consume alcohol, drink responsibly, know your limits, and do not drink and drive.

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