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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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Opinions

DC To Host 1st National TDOV Gala on Easter Sunday

Trans USA National Pageantry and the National Center for Transgender Equality (NCTE) will host the 1st Annual Blossom Gala at Hook Hall.

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The first International Trans Day of Visibility (TDOV) celebration was held 15 years ago, with the goal of addressing the major concern that the only well-known trans-centered day was the Transgender Day of Remembrance, which mourned the murders of transgender people but did not acknowledge and celebrate living members of the transgender community. On March 31, Trans USA National Pageantry and the National Center for Transgender Equality (NCTE) will host the 1st Annual Blossom Gala at Hook Hall, which will serve as the culminating event of their TDOV programming in Washington, DC. 

Dylan Drobish (also known as Dylan B. Dickherson White), National Director at Trans USA, offered the following: “It is our hope that Blossom will serve as a reminder not just of the battle we face every day but also of the beauty, excellence, intellect, and resilience of transgender Americans. We believe that this event is especially important given the increased backlash and violence against our community in the last few years alone, with nearly 500 anti-trans bills under consideration across 41 states as of March. However, Blossom—and TDOV itself—is a celebration held in defiance of the idea that trans lives are only worthy of headlines once they have ended.”

Preceded by an impactful, inspiring rally at the national mall (11:00 AM to 3:00 PM) featuring Angelica Ross of Pose and AHSBlossom is a fundraising initiative that blends keynote speakers, a Q&A panel discussion with national leaders in the movement for transgender equality, and the artistry of drag with CHERRY BOMB–an all-trans drag showcase headlined by trans icon, activist, and Drag Race pioneer Monica Beverly Hillz. This pivotal event will also serve as the official public launch of the TRANSform the Vote initiative, which aims to inspire transgender people and allies to make their voices heard at the ballot box.

But make no mistake. Blossom is a celebration, and the event organizers have pulled out all the stops to ensure that ticket prices remain accessible without sacrificing the magic of a true gala experience. For truly gram-worthy “pink carpet” photos, all attendees are invited to “dress to impress” with their interpretation of a timely theme that celebrates the beauty of coming into one’s own as a visible member of the trans, non-binary, and gender non-conforming community.  

The event comes at a pivotal time for both the community and the organizations seeking to protect it: This summer, NCTE will officially merge with Transgender Legal Defense and Education Fund (TLDEF) to create Advocates for Trans Equality, doubling their ability to lead the next chapter of the transgender rights movement. This November, Trans USA will welcome over 80 representatives from across the country to their national competition, which will for the first time also feature a national conference and exposition solely focused on the trans and non-binary community. While monumental, these 2024 events come with unprecedented challenges, as many major corporations and grant programs refuse to provide funding related to “controversial social or political issues”, especially in an election year. 

Despite these challenges, celebratory events like Blossom are, unsurprisingly, now more important than ever, with trans lives having been politicized to such a polarizing extent. Drobish, a former Mr. Trans USA himself offered the following: 

“‘Narrative identity’ refers to the idea that our identities are formed from the internal stories we tell about ourselves (and our interpretation of them). Organizations like Trans USA and NCTE are here to help rewrite the narrative that gets passed down to the next generation of trans and non-binary folks. My message to anyone involved with Trans USA or the movement in general has always been that you are the author of your story—the story that gives your life meaning and purpose—and you get to choose how it’s told. Are you the hero or the victim? Are you the agent or the object? Are you the one telling your story, or is someone else doing all the talking? It’s 2024, and it’s time to take the pen back. Because true visibility isn’t about being seen; it’s about making others feel seen. Seen enough to BLOSSOM.” 

Tickets for the Blossom gala start at just $15, but VIP guests ($100) will receive access to a premium open bar from 6:00 PM to 9:00 PM, light hors d’oeuvres, and prime seating, in addition to the 20-entertainer showcase with a Drag Race headliner! While doors open at 4:30 PM for the event, advance purchase online is strongly recommended by the organizers, as only a limited number of these VIP tickets are available.

-Dylan Drobish (National Director, Trans USA National Pageantry; Mr. Trans USA 2022, Mr. Freddie’s 2019

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Opinions

Attacking Jews is latest Trump outrage

Anyone who supports equality and peace must vote for Biden

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(Washington Blade file photo by Christopher Kane)

Calling out the Jewish community in the United States as Trump did, is both dumb, and anti-Semitic. The Jewish community has been a Democratic constituency for many years, and attacking them won’t get them to vote for him.

It is a difficult time for many Jews in the world today. I being one of them. I am a strong supporter of Israel, but support Sen. Chuck Schumer (D-N.Y.), who believes there will never be peace in the Middle East as long as Netanyahu and his government are in control. Israel cannot keep annexing West Bank land, which should be part of a Palestinian state if we can get to a two-state solution. In fact, they must draw back the settlements now there. At the same time, like Schumer, I believe both Netanyahu and Hamas have to go. Being anti-Netanyahu is not being anti-Israel, just as being anti-Trump is not being anti-United States, or wanting Hamas to go, is not being anti-Palestinian. 

Attacking Jews is just one more outrageous thing coming out of Trump’s mouth. He is a notorious sexist, racist, homophobic, pig. He is an old man who can’t control his mouth and continues to spout nonsense. His apparently limited brain power is tied up in disgusting views of the world and individuals. He mocks those with disabilities like he did to a New York Times reporter, and mocks President Biden for his stutter. There was a recent column in the Washington Post reminding people Trump’s father had Alzheimer’s. I think we may be seeing the disease manifest itself in Trump. 

I have written this election is between two older men. I myself am older, and understand one often forgets a name, a date, or an event. Having just written a memoir, which I hope will be published in May, in its preface I say “these are dates and events as I remember them.” But as neuroscientist Charan Ranganath recently wrote in the Washington Post, that in no way limits how a person can understand complex issues, or in my case work as a consultant and research and write weekly columns. For a president, especially one who is older, it is important for us to know who is surrounding him or her. I am definitely more secure knowing those who will be around and advising President Biden, versus those around Trump. No one person alone, whatever their age, can handle all the issues facing a president.

Whether you are a Jew supporting Israel, a Muslim supporting the Palestinian people, or someone like me supporting both, you are better off with President Biden. If you support the Palestinian people having their freedom, then Trump must strike fear in your heart, after all, he is the one who moved the American embassy to Jerusalem. 

The idea of electing a man convicted of fraud in his business dealings, found liable for sexually mistreating a woman, and who faces another 88 criminal counts, is ludicrous. It actually says as much about the people who would vote for him, as it does about Trump. A man who brags about taking away the right of women to control their own body, and healthcare, doesn’t deserve the vote of any woman. A man who opposes equal rights, affirmative action, and saw good people on both sides in Charlottesville, doesn’t deserve the vote of any Black American. A man who opposes any forgiveness of student loans, denies climate change, opposes making community college free, doesn’t deserve the vote of any young person. 

It amazes me when people compare how things were four years ago to today, and say they were better then. A time you couldn’t find toilet paper on grocery shelves, 1,000 people a day were dying of COVID, the Dow Jones was at 19,000 and today it’s at 39,000. The country was hemorrhaging jobs and in the last three years 13 million have been created. Wages are higher and unemployment lower. 

Of course, as President Biden says, we need to do more. He is doing it, Trump didn’t. Trump gave a $2 trillion tax cut to the wealthy, increasing the national debt. He pledges to do it again. Biden passed a massive infrastructure bill, now creating thousands of jobs building and repairing bridges and roads, in every state. He passed the Chips and Science Act, recently announcing new chip factories in four states, creating thousands of new construction and manufacturing jobs. Those factories will change the U.S. from an importing country, to a producing one. That is some of the real change Biden has brought about. 

Trump talks big, but never produced; Biden is producing for the American people, and will continue to do so.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Letter-to-the-Editor

Banning the Rainbow Flag: the latest act of GOP madness

Prohibition included in government spending bill the president signed

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The Progress Pride flag flies in front of the U.S. Embassy in Berlin on July 22, 2022. (Washington Blade photo by Michael K. Lavers)

The Republican agenda is an obvious one: Distract from real issues by assaulting the most vulnerable. That’s why they have focused their hatred on the LGBTQ+ community. After years of legislating book bans, curriculum censorship, bathroom restrictions and withholding medically needed gender therapy, their latest act is signature Republican cruelty: For a crucial trillion-dollar budget that would prevent a government shutdown, the GOP slipped in a measure to ban the display of Rainbow Flags at U.S. embassies all over the world.

This is not an act of mere symbolism. In too many countries, being queer is punishable by imprisonment or death. Measures like this give a green light to violence and homophobia both at home and abroad. It places more LGBTQ+ people at tangible risk. It is an outrageous abuse of the political process.

This cynical political maneuver is typical of the GOP, the Party of Destruction. But equally egregious is that President Biden and Democrats approved the budget, knowing the poison pill line item that had already been added.

Now, President Biden vows to repeal the embassy flag ban measure. We will hold him to his vow. Will he expend the political capital necessary to make the repeal happens? We must remember that he and the Congress capitulated to a small group of GOP manipulators and, in this instance, saw the global LGBTQ+ community as expendable.

The Democratic Party positions itself as an ally to the LGBTQ+ community. They must hold their ground. They must represent and defend all of us. Otherwise, an emboldened GOP, led by Trump, will only escalate their merciless attacks on our vulnerable communities.”

Charles Beal is president of the Gilbert Baker Foundation and the Save the Rainbow Flag Campaign.

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