Connect with us

Politics

Quantity, cruelty of anti-LGBTQ state bills raise alarm bells

Lawmakers have already proposed nearly as many hostile measures as in all of 2022

Published

on

When the Washington Blade connected with activist and legislative researcher Erin Reed on Tuesday to discuss the new anti-LGBTQ bills that have been introduced in statehouses across the country, it was just as the news of an especially hateful proposal came across her desk.

Senators in West Virginia had teed up an anti-trans law that would criminalize “displays” that “shall include, but not be limited to, any transvestite and/or transgender exposure, performances, or display to any minor.”

The move recalled anti-LGBTQ laws from the 1960s that criminalized the very existence of transgender and gender non-conforming persons as well as drag performers, while providing pretexts for police raids of LGBTQ establishments like the Stonewall Inn, Reed said.

For example, she said, many states once enforced dress codes that required people to wear at least three articles of clothing consistent with their sex assigned at birth.

Likewise, the West Virginia bill raises alarming questions about whether transgender parents and teachers in the state might be prosecuted, with a potential five-year prison sentence, said Reed, who is herself a transgender parent.

Additionally, the proposed legislation is “unconstitutionally vague,” written so broadly that it would presumably become illegal to screen the film “Mrs. Doubtfire” or perform certain Shakespearen plays for an audience of minors if the measure were to pass, Reed said.

Less than three weeks into 2023, state legislatures have introduced nearly as many anti-LGBTQ bills as were introduced in the entirety of last year – and qualitatively, many of these new bills are more hateful than anything we have seen in decades, Reed said.

“I see an increase in both the number and in the cruelty towards transgender people,” she said.

There are “new pieces of proposed legislation that go further than bills in 2021 and 2022,” such as by “banning gender affirming care through age 26 in Oklahoma,” and others that “target the drag community in ways that haven’t happened in 30 to 40 years.”

Fear and hate mongering over all-ages drag performances has been ratcheted up in the right-wing ecosystem, fueled by conservative media figures like Matt Walsh and Tucker Carlson, as well as social media accounts like Libs of TikTok and extremist militias, Reed said.

According to the ACLU, “As drag reality competitions and drag brunches become increasingly popular, backlash in the form of armed protests and intimidation of drag performers has followed.”

Consequently, Reed said, this year for the first time anti-LGBTQ legislation has included measures targeting drag performances – with, so far, a dozen new bills. And the concern is not just that many of these proposed laws are draconian, like Nebraska’s bill that would prohibit patrons younger than 21 from attending a drag show.

“Whenever I see those [laws] being proposed, I also see militant organizations storming in” to LGBTQ bars, schools, hospitals, and venues that host drag queen story hours, Reed said. “I see people trying to break into drag events and successfully doing so,” disrupting them with violence and intimidation, she said.

“What I read into [the impetus behind these laws] is these legislators want to change the uniform of the people doing the storming,” from militias comprised of far-right citizens to “people wearing badges.”

Making matters worse, Reed said, there are “lots of cases where drag events have asked for local protection and not received any protection whatsoever.”

Last month, organizers of a drag queen story hour-style event in Columbus, Ohio, had to cancel after they said police failed to work with them to protect participants from demonstrators affiliated with far-right groups like the violent neo-fascist Proud Boys. (Police dispute the organizers’ account of events.)

The ACLU notes that, “Amidst this wave of anti-drag legislation and violence, drag performers and host venues across the country are moving to higher security or cancel performances altogether.”

Looking at the slate of new statewide legislative proposals, many are a continuation of similar anti-trans themes that have emerged in recent years, but “we’re seeing scary attempts to escalate things,” Reed said.

For instance, bills that restrict or prohibit guideline-directed healthcare for transgender and gender non-conforming youth were introduced and passed in several states in 2021 and 2022, but new measures proposed this year would target adults as old as 26.

“It makes me wonder what their ultimate goal is,” Reed said. “To ban transitions entirely?”

Every mainstream medical organization with relevant clinical expertise recommends age-directed gender affirming care according to clinical practice guidelines that are supported by a bevy of research and updated regularly to ensure best practices.

Still, right-wing figures have demagogued the issue and characterized responsible medical care as “experimentation” and child abuse.

Reed noted there are some “new wrinkles” in anti-trans healthcare bans that have been proposed this year.

For instance, she said, Indiana proposed folding gender affirming care into practices that would be outlawed under a conversion therapy ban – thereby conflating supportive and medically necessary healthcare with an abusive, ineffective practice that has been rejected by mainstream science and medicine.

Across the board, Reed noted, there is an increasing reliance on executive authority. This was previewed toward the end of last year, she said, pointing to Florida Gov. Ron DeSantis’s weaponization of the state medical board and Texas Gov. Greg Abbott’s weaponization of the Department of Family and Protective Services to, respectively, ban gender affirming care and prosecute parents for child abuse for facilitating their trans children’s access to gender affirming care.  

‘The fight is on the state level right now

Amid the onslaught of anti-LGBTQ legislation, Reed emphasized the need for coordinated action by the U.S. Congress, the Biden-Harris White House, progressive and pro-equality legal actors, and state legislatures, as well as local and national LGBTQ groups.

She noted that pro-equality interests have focused significant time, attention, and money urging Congress to pass the Equality Act, which is commendable and necessary, while the courts can provide (and, often, have provided) a path toward effectuating pro-equality policy.

At the same time, Reed said, for the foreseeable future federal legislators are unlikely to find a path forward for any major bills impacting LGBTQ people, while relying on the judiciary – particularly with the U.S. Supreme Court as it is currently construed – is far from a safe bet.

By contrast, “at the state level, we’ve seen the GOP focus time and attention and money and efforts on changing state laws,” she said, adding, “it’s important that we do the same.”

Likewise, Reed said, “I also think we really need to support our local LGBT organizations and help lift them up as much as possible,” particularly those located in more conservative and rural states, which largely do not earn commensurate resources and support.

“In places like North Dakota and Oklahoma, South Dakota, and West Virginia, we need to help the people who live there,” Reed said, but also in blue states where significant progress toward LGBTQ equality has been made but there is still room for improvement. “Don’t neglect your own backyard.”

For instance, she said, the gay and trans panic defense is still legal in some progressive states.  

“One of the biggest problems for people in some of these states criminalizing [healthcare for trans people] is they don’t have resources to travel out of state,” Reed said, noting that POLITICO has reported on the plights of people who have been forced to flee states with anti-trans laws.

And while “We have to take care of those people,” Reed said, people should not be in a position where they must flee their home states. “We need federal action and federal protections,” she said.

Thankfully, there is some movement on pro-LGBTQ state bills. Reed said she has seen more this year compared to last year, which is “a bit promising.” She highlighted bills such as the proposal to protect gender affirming care in Maryland, access to bathrooms for trans youth in Minnesota, the ability to change information on birth certificates in West Virginia, and adoption by trans parents in Montana.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Congress

Garcia slams effort to ban drag shows as GOP passes NDAA with anti-LGBTQ riders

Equality Caucus denounces anti-LGBTQ amendments

Published

on

U.S. Rep. Robert Garcia (D-Calif.) during the debate on Thursday over the National Defense Authorization Act (Screen capture via C-Span)

U.S. Rep. Robert Garcia (D-Calif.) slammed Republican U.S. Rep. Josh Brecheen’s (Okla.) effort to ban drag shows on American military bases during a debate over the annual National Defense Authorization Act spending bill on Thursday.

The appropriations package, which contains five anti-LGBTQ riders pushed by House GOP members, was passed on Friday.

“We know there are a lot of threats to the health and well-being of our service members and their families: poisoned water, toxic mold in military housing, PTSD, and suicide,” said Garcia, who is gay and a co-chair of the Congressional Equality Caucus.

“So I’m stunned to see that the Republican idea to protect our troops is to ban drag shows,” he said. “Mr. Speaker, my Republican colleagues want us to believe that ‘these gays are trying to murder us.’ They want us to believe that drag is harmful, or immoral and wrong. This is ridiculous.”

“We can document and celebrate drag shows on military bases since the late 1800s, and through both world wars,” Garcia continued. “The USO and the Red Cross supported drag during World War II. That’s right: the Army that defeated Hitler and saved the world included drag queens.” 

“Ronald Regan starred in a movie called ‘This Is the Army!’ — a movie about World War II that featured four drag performances,” he said. “And he’s not the only Republican president who knew that drag can be fun and sometimes silly.”

Garcia displayed a photo of former president and presumptive 2024 GOP nominee Donald Trump alongside former New York Mayor Rudy Giuliani, who was dressed in drag.

“Mr. Speaker,” the congressman said, “drag is Art. Drag is Culture. Drag is Creativity. Drag is Comedy. And no, drag is Not a Crime. It’s not pornography. The real obscenity is when one of our colleagues, the gentlewoman from Georgia, shows literal posters of revenge porn in our Oversight Committee! If we want to end porn in government facilities, let’s ban that.”

In a statement on Friday, the Equality Caucus called out House Republicans’ politicization of the military appropriations bill.

“Like last year, House Republicans voted to add poison pill, anti-LGBTQI+ provisions to the NDAA that discriminate against our LGTBQI+ servicemembers and their families,” said Caucus Chair U.S. Rep. Mark Pocan (D-Wis.) “The Equality Caucus remains committed to preventing these discriminatory provisions from becoming law.”

Along with Brecheen’s drag show ban, the caucus highlighted four of these riders from this year’s NDAA:

  • Amendment 46 by U.S. Rep. Greg Steube (R-Fla.), which would “prohibit funds for the Department of Defense Education Activity from being used to purchase, maintain, or display in a school library or classroom books that include transgender and intersex characters or touch on topics related to gender identity or variations in sex characteristics,”
  • Amendment 49 by U.S. Rep. Cory Mills (R-Fla.), which would “ban Pride flags from any workplace, common access area, or public area of the Department of Defense,” and
  • Amendments 52 and 53 by U.S. Reps. Matt Rosendale (R-Mont.) and Ralph Norman (S.C.), which would, respectively, “ban TRICARE from covering and furnishing gender-affirming surgeries and hormone treatments,” and “prohibit the Exceptional Family Member Program (EFMP) from covering or providing referrals for “gender transition procedures”—including puberty blockers, hormone therapy, and surgeries—for servicemembers’ dependent minor children.”
Continue Reading

Congress

Merkley, joined by Advocates for Trans Equality, makes Equality Act push

Ore. senator said ‘our rights and freedoms are on the ballot this year’

Published

on

U.S. Sen. Jeff Merkley (D-Ore.) speaks at the Senate Swamp on Tuesday. (Washington Blade photo by Christopher Kane)

U.S. Sen. Jeff Merkley (D-Ore.) called for passage of the Equality Act during a press conference on Wednesday alongside Advocates for Trans Equality, who were convened on Capitol Hill for the Trans Day of Empowerment lobby day.

Instead of freedom and the opportunity to participate fully in society, the senator said, “We see hatred, we see harassment, we see homelessness, we see discrimination, and bigotry, and violence, we see unemployment, we even see state-sanctioned attempts to outlaw the very identity of our transgender members of our community.”

“Across America in 2024, in our state legislatures there have been 500 bills drafted to constrain the opportunity for transgender Americans,” Merkley said. “They take on school curriculum, or they ban gender affirming care or otherwise seek to constrain the opportunity to participate in society, by our transgender individuals, in so many different ways.”

“This is wrong,” he said. “This is unacceptable. And we need to therefore pass the Equality Act here in the halls of Congress.”

Merkley, who introduced the latest iteration of the bill in the Senate, noted the legislation would “end discrimination on sexual orientation or gender identity in employment, in housing, in public accommodations, in mortgages, in financial transactions, in jury duty — every facet of American society.”

U.S. Rep. Mark Takano (D-Calif.), who is gay and a co-chair of the Congressional Equality Caucus, is leading the House version of the bill.

However, Merkley said, “our partners on the right side of the aisle have abandoned us. So, the responsibility to pass the Equality Act falls firmly on the Democratic Party.”

The senator called for an end to the Senate filibuster as a means of passing important legislation like the Equality Act.

Separately, in a statement to the Washington Blade, Merkley said, “Voting is the heart of our democracy. As Americans cast their ballots this fall, they have the chance to decide major issues facing our nation — from LGBTQ+ rights to reproductive freedom to so much more.”

“Democracy doesn’t exist unless every eligible voter has equal opportunity to make their voice heard,” he said. “As attacks on our LGBTQ+ friends and neighbors continue in the halls of Congress, state legislatures, and in our communities, we must all speak out and vote against this rising hate.”

The senator added, “Our rights and freedoms are on the ballot this year, and I won’t stop fighting until every American can live safely and freely as their authentic self.”

Continue Reading

Politics

EXCLUSIVE: Biden-Harris campaign debuts ads targeting LGBTQ voters

Ads to begin running Tuesday

Published

on

Pride month ad (Photo courtesy of the Biden-Harris 2024 campaign)

The Biden-Harris 2024 campaign will debut new ads on Tuesday targeting LGBTQ voters in battleground states for Pride Month ahead of November’s election.

“These ads will be featured across national and battleground LGBTQ+ media outlets, and will run throughout the month,” the campaign explained in a press release.

The aim is to “uplift” Biden’s record as “the most pro-LGBTQ+ president in history” while also highlighting “Donald Trump’s history of attacking their rights and his plans to go further.”

One ad that was previewed exclusively by the Washington Blade reads, “Joe Biden and Kamala Harris are fighting for the LGBTQ community!” with a photo of the president and vice president.

Another, formatted for social media, features a photo of Pride flags atop a quote from the “PBS NewsHour”: “On the campaign trail, Donald Trump has been outlining what he plans to do if elected in November. That includes rolling back the rights of millions of LGBTQ+ people. It’s part of a wider playbook to undo many civil rights advances for minority groups.”

“This Pride is an important time to remember the progress we’ve made for our community under President Biden, and the stakes of this election for LGBTQ+ Americans as Trump proudly runs to strip us of our rights,” said Biden-Harris 2024 Spokesperson Kevin Munoz, who is gay.

“From threatening IVF treatments to threatening LGBTQ+ marriages, Trump’s Project 2025 agenda would rip away our rights, and sow needless hate and division for Trump’s political gain,” he said. “LGBTQ+ Americans deserve to hear from us about these stakes, and this buy shows we will continue to show up and make our case to them in this election.”

The ad blitz on Tuesday comes after the campaign’s announcement of a paid media and organizing push for Pride month, which includes sizable investments in courting LGBTQ voters in battleground states.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular