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Overview of over 300 anti-LGBTQ+ bills in 2022

As Republican politicians continue to push for limits to LGBTQ+ rights, many LGBTQ+ people & their allies promise to continue fighting

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Graphic via The Human Rights Campaign

In May 2021, the Human Rights Campaign (HRC) officially announced the worst year for anti-LGBTQ+ legislation in recent history. At the time, state lawmakers introduced over 250 bills – from anti-Trans sports legislation to religious refusal measures – in statehouses across the country, 17 of which were enacted into law. 

Now, LGBTQ+ rights in states seem to be taking even more of a hit. According to HRC, over 300 anti-LGBTQ+ bills have surfaced in 36 Legislatures. As the legislation increases – 41 such measures were introduced in 2018 – so does the number of bills passed and enshrined into state law, though LGBTQ+ advocates often challenge the laws in court.  

The legislation overwhelmingly targets Trans youth, according to the organization, from blocking participation in sports to baring access to gender-affirming care. Lawmakers have also attempted, and in some cases passed, legislation limiting how LGBTQ+ issues can be taught in schools and keeping Trans kids from using restrooms that correspond with their gender identity. 

“2022 is on track to surpass last year’s record number of anti-transgender bills,” Cathryn Oakley, state legislative director and senior counsel at the HRC, told the Blade, calling the “legislative attacks” on Trans youth “craven, baseless, and an effort to create more division, fearmonger, and rile up radical right-wing voters at the expense of innocent kids.”

Proponents of the bills say they are to “protect” parental rights, children and religious freedom. However, LGBTQ+ advocates and people continue to denounce the legislation as discriminatory and harmful. 

This year, one of the most talked-about anti-LGBTQ+ measures was Florida’s so-called “Don’t Say Gay” bill, which Republican Gov. Ron DeSantis signed into law last month. The legislation will ban classroom instruction about sexual orientation and gender identity in grades K-3 if it survives legal challenges. 

Days after DeSantis signed the bill, the first lawsuit against the measure emerged, arguing the statute “would deny to an entire generation that LGBTQ people exist and have equal dignity.”

“This effort to control young minds through state censorship —and to demean LGBTQ lives by denying their reality — is a grave abuse of power,” the lawsuit says.

Since Republican sponsors successfully pushed the bill through, other states have followed in Florida’s footsteps. Ohio, for example, introduced its version of the legislation roughly a week after DeSantis’ signature. 

In Alabama, Republican Gov. Kay Ivey signed an anti-Trans bathroom bill with a last-minute amendment to keep educators from discussing gender identity and sexual orientation in grades K-5. Ivey didn’t stop there, also signing a bill that would ban gender-affirming care for minors. 

Like Florida, LGBTQ+ advocates were quick to announce legal challenges to the legislation. Some of the most prominent LGBTQ+ and civil rights organizations – including the HRC, GLAD and Southern Poverty Law Center (SPLC) – announced a legal challenge in federal court against Alabama’s gender-affirming care ban. 

In terms of legislation introduced, Tennessee has far outpaced other states, according to LGBTQ+ rights organization Freedom for All Americans. The group’s legislative tracker found over 30 bills limiting LGBTQ+ rights in the state – including a “Don’t Say Gay” bill and a ban on LGBTQ-themed literature in schools. But, unlike other Republican-controlled states, none have made it out of the statehouse. 

Arizona has also been a hotspot for anti-LGBTQ+ legislation, with at least 17 bills, according to Freedom for All Americans. In March, Republican Gov. Doug Ducey signed two bills limiting the rights of Trans people in the state – one banning some types of medical care for Trans youth, and the other preventing Trans students from participating in school sports consistent with their gender identity.

“Across the country, moderate Republicans are struggling—and too often failing—to stop the takeover of their party by dangerous extremists,” Shannon Minter, legal director for the National Center for Lesbian Rights (NCLR), told the Blade at the time, adding: “We are in danger of watching large segments of our nation give way to authoritarian extremism.”

In other states, anti-LGBTQ+ legislation became law without support from its governor – Democratic or Republican. In fact, two Republican governors vetoed anti-Trans sports bills in late March.  

Anti-LGBTQ+ Bills in 2022 (Graphic via The Human Rights Campaign)

Utah Gov. Spencer Cox and Indiana Gov. Eric Holcomb, both Republicans, vetoed legislation that barred Trans youth from participating in sports. Cox said the bill had “several fundamental flaws and should be reconsidered,” while Holcomb said the measure was in search of a problem. 

In the end, however, the Utah House overturned Cox’s veto days later. Holcomb’s veto still stands. 

“This [Utah] bill focuses on a problem of ‘fairness’ in school sports that simply does not exist — but its negative impacts on the mental health and well-being of trans and nonbinary youth are very real,” said Sam Ames, director of advocacy and government affairs at The Trevor Project. “These youth already face disproportionate rates of bullying, depression, and suicide risk, and bills like this one will only make matters worse.”

In recent weeks, two Democratic governors vetoed anti-LGBTQ+ legislation from their Republican-controlled legislatures. 

Kentucky Democratic Gov. Andy Beshear vetoed legislation that would ban Trans girls from playing on sports teams in Kentucky schools that match their gender identities from sixth grade through college. GOP lawmakers quickly overturned the decision

“Shame on the Kentucky General Assembly for attacking trans kids today,” said Chris Hartman, executive director for the Fairness Campaign. Shame on our commonwealth’s lawmakers for passing the first explicitly anti-LGBTQ law in Kentucky in almost a decade.” 

Kansas Democratic Gov. Laura Kelly vetoed last weekend two anti-LGBTQ+ measures, the “Parents’ Bill of Rights” and the “Fairness in Women’s Sports” Acts. 

GOP lawmakers in Idaho decided last month to effectively kill a bill criminalizing gender-affirming care, one of the most extreme proposals in the country. It would have made it a felony — punishable by up to life in prison — to provide minors with hormones, puberty blockers or gender-affirming surgery.

In a statement, Idaho Senate Republicans said they “stongly” oppose “any and all gender reassignment and surgical manipulation of the natural sex” on minors. But they also wrote that the controversial legislation “undermines” a parent’s right to make medical decisions for their children.  

“We believe in parents’ rights and that the best decisions regarding medical treatment options for children are made by parents, with the benefit of their physician’s advice and expertise,” the senators wrote. 

Texas is one of the 14 states with no anti-LGBTQ+ legislation, as the state only holds legislative sessions in odd years. However, the Lone Star State has made headlines for anti-Trans orders from Republican Gov. Greg Abbott. 

Abbott, in February, directed the Texas Department of Family and Protective Services (DFPS) to investigate reports of gender-affirming care on minors as “child abuse.” The order followed an official opinion from state Attorney General Ken Paxton that called the treatment a form of “child abuse” under Texas law. 

Since, two Texas judges have ruled against the policy – one in district court and the other after an appeal. Still, Paxton vows to keep fighting for the order in court. 

But even as Republican politicians continue to push for limits to LGBTQ+ rights, many LGBTQ+ advocates, people and allies promise to continue fighting against the discriminatory efforts – whether in court or on the streets. 

“The Human Rights Campaign strongly condemns these harmful, potentially life-threatening bills and will continue to use every tool at our disposal to fight for the rights of transgender youth and all LGBTQ+ people,” Oakley said.

In a January 2022 poll by The Trevor Project, an organization that provides crisis intervention and suicide prevention services to LGBTQ youth under 25, and Morning Consult, over two-thirds of LGBTQ youth said recent debates over state laws that target transgender people have negatively impacted their mental health.

 “These results underscore how recent politics and ongoing crises facing the globe can have a real, negative impact on LGBTQ young people, a group consistently found to be at significantly increased risk for depression, anxiety and attempting suicide because of how they are mistreated and stigmatized in society,” Amit Paley, CEO of The Trevor Project, said in a statement.

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After Biden signs TikTok ban its CEO vows federal court battle

“Rest assured, we aren’t going anywhere,” CEO said

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TikTok mobile phone app. (Screenshot/YouTube)

President Joe Biden signed an appropriations bill into law on Wednesday that provides multi-billion dollar funding and military aid for Ukraine, Israel, and Taiwan after months of delay and Congressional infighting.

A separate bill Biden signed within the aid package contained a bipartisan provision that will ban the popular social media app TikTok from the United States if its Chinese parent company ByteDance does not sell off the American subsidiary.

Reacting, TikTok CEO Shou Zi Chew said Wednesday that the Culver City, Calif.-based company would go to court to try to remain online in the U.S.

In a video posted on the company’s social media accounts, Chew denounced the potential ban: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,” Chew said. “Rest assured, we aren’t going anywhere. We are confident and we will keep fighting for your rights in the courts. The facts and the constitution are on our side, and we expect to prevail,” he added.

White House Press Secretary Karine Jean-Pierre adamantly denied during a press briefing on Wednesday that the bill constitutes a ban, reiterating the administration’s hope that TikTok will be purchased by a third-party buyer and referencing media reports about the many firms that are interested.

Chew has repeatedly testified in both the House and Senate regarding ByteDance’s ability to mine personal data of its 170 million plus American subscribers, maintaining that user data is secure and not shared with either ByteDance nor agencies of the Chinese government. The testimony failed to assuage lawmakers’ doubts.

In an email, the former chair of the House Intelligence Committee, U.S. Rep. Adam Schiff (D-Calif.), who doesn’t support a blanket ban of the app, told the Washington Blade:

“As the former chairman of the House Intelligence Committee, I have long worked to safeguard Americans’ freedoms and security both at home and abroad. The Chinese Communist Party’s ability to exploit private user data and to manipulate public opinion through TikTok present serious national security concerns. For that reason, I believe that divestiture presents the best option to preserve access to the platform, while ameliorating these risks. I do not support a ban on TikTok while there are other less restrictive means available, and this legislation will give the administration the leverage and authority to require divestiture.”

A spokesperson for U.S. Sen. Alex Padilla (D-Calif.) told the Blade: “Senator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTok’s relationship to the Chinese Communist Party poses significant data privacy concerns. He will continue working with the Biden-Harris administration and his colleagues in Congress to safeguard Americans’ data privacy and foster continued innovation.”

The law, which gives ByteDance 270 days to divest TikTok’s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before Biden’s term is set to expire, although he could extend the deadline by three months if he determines ByteDance is making progress or the transaction faces uncertainty in a federal court.

Former President Donald Trump’s executive order in 2020, which sought to ban TikTok and Chinese-owned WeChat, a unit of Beijing-based Tencent, in the U.S., was blocked by federal courts.

TikTok has previously fought efforts to ban its widely popular app by the state of Montana last year, in a case that saw a federal judge in Helena block that state ban, citing free-speech grounds.

The South China Morning Post reported this week that the four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple said China had ordered it to remove Meta Platforms’s WhatsApp and Threads from its App Store in China over Chinese national security concerns.

A spokesperson for the ACLU told the Blade in a statement that “banning or requiring divestiture of TikTok would set an alarming global precedent for excessive government control over social media platforms.”

LGBTQ TikToker users are alarmed, fearing that a ban will represent the disruption of networks of support and activism. However, queer social media influencers who operate on multiple platforms expressed some doubts as to long term impact.

Los Angeles Blade contributor Chris Stanley told the Blade:

“It might affect us slightly, because TikTok is so easy to go viral on. Which obviously means more brand deals, etc. However they also suppress and shadow ban LGBTQ creators frequently. But we will definitely be focusing our energy more on other platforms with this uncertainty going forward. Lucky for us, we aren’t one trick ponies and have multiple other platforms built.”

Brooklyn, N.Y.,-based gay social media creator and influencer Artem Bezrukavenko told the Blade:

“For smart creators it won’t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally I’m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTok’s LGBTQ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platform’s algorithms and having their accounts banned or repeatedly suspended.

Of greater concern is the staggering rise in anti-LGBTQ violence and threats on the platform prompting LGBTQ advocacy group GLAAD, in its annual Social Media Safety Index, to give TikTok a failing score on LGBTQ safety.

Additional reporting by Christopher Kane

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Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

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Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriate to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.

“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

“A hearing setting does not give you ample time to expand,” he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.”

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Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

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Former President Donald Trump and President Joe Biden (Washington Blade photo by Michael Key)

A new survey by Data for Progress found LGBTQ adults overwhelmingly favor President Joe Biden and Democrats over his 2024 rival former President Donald Trump and Republicans, but responses to other questions may signal potential headwinds for Biden’s reelection campaign.

The organization shared the findings of its poll, which included 873 respondents from across the country including an oversample of transgender adults, exclusively with the Washington Blade on Thursday.

Despite the clear margin of support for the president, with only 22 percent of respondents reporting that they have a very favorable or somewhat favorable opinion of Trump, answers were more mixed when it came to assessments of Biden’s performance over the past four years and his party’s record of protecting queer and trans Americans.

Forty-five percent of respondents said the Biden-Harris administration has performed better than they expected, while 47 percent said the administration’s record has been worse than they anticipated. A greater margin of trans adults in the survey — 52 vs. 37 percent — said their expectations were not met.

Seventy precent of all LGBTQ respondents and 81 percent of those who identify as trans said the Democratic Party should be doing more for queer and trans folks, while just 24 percent of all survey participants and 17 percent of trans participants agreed the party is already doing enough.

With respect to the issues respondents care about the most when deciding between the candidates on their ballots, LGBTQ issues were second only to the economy, eclipsing other considerations like abortion and threats to democracy.

These answers may reflect heightened fear and anxiety among LGBTQ adults as a consequence of the dramatic uptick over the past few years in rhetorical, legislative, and violent bias-motivated attacks against the community, especially targeting queer and trans folks.

The survey found that while LGBTQ adults are highly motivated to vote in November, there are signs of ennui. For example, enthusiasm was substantially lower among those aged 18 to 24 and 25 to 39 compared with adults 40 and older. And a plurality of younger LGBTQ respondents said they believe that neither of the country’s two major political parties care about them.

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