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ACLU counts more than 120 new anti-LGBTQ bills in the first few weeks of 2023

‘Trans people and our families are gearing up to fight back’

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Chase Strangio, deputy director for transgender justice at the ACLU’s LGBTQ & HIV Project
Chase Strangio, deputy director for transgender justice at the ACLU’s LGBTQ & HIV Project. (Screen shot/YouTube)

Lawmakers across the country have introduced more than 120 anti-LGBTQ bills so far this year, according to a press release issued Thursday by the ACLU.

In a press release announcing the findings, the ACLU introduced a digital dashboard, which summarizes the proposed anti-LGBTQ policies, organizes the bills by category, and tracks their progress through state legislatures.

“These bills represented a coordinated effort to deny transgender people our freedom, our safety, and our dignity,” said Chase Strangio, deputy director for transgender justice at the ACLU’s LGBTQ & HIV Project.

“Across the country, trans people and our families are gearing up to fight back and prevent every one of these bills from becoming law,” he said in the press release.

Last year, the ACLU reports there were a record-breaking 278 bills targeting LGBTQ people, of which 20 have become law. The group’s litigation team has fought against “bills across the country restricting access to gender-affirming health care, barring trans people from updating identity documents, and denying transgender students equal access to school facilities and activities, as well as defending inclusive policies from political and legal attacks.”

Additionally, the ACLU has brought lawsuits challenging book bans that target materials with LGBTQ characters or themes and represented parties in litigation over a Texas law that criminalizes parents who facilitate their trans children’s access to guideline directed, medically necessary healthcare treatments and procedures.

The number of new anti-LGBTQ legislative proposals seen in the first few weeks of 2023 is especially remarkable considering that some state legislatures have not yet begun filing new bills.

In a Washington Blade article published Wednesday, activist and legislative researcher Erin Reed said that in addition to the fact that lawmakers are now on track to eclipse last year’s record number of anti-LGBTQ bills, the proposals introduced so far this year have tended to be more extreme and cruel than in years past.

The ACLU has categorized them in seven primary focus areas: healthcare access, schools and education, free speech and expression, access to accurate IDs, Weakening Civil Rights Laws, Public Accommodations, and Other Anti-LGBTQ Bills.

The ACLU’s press release describes each of these types of legislative proposals:

  • Health Care Access
    • Lawmakers are targeting access to medically-necessary health care for transgender people. Many of these bills ban affirming care for trans youth, and can even create criminal penalties for providing this care. 35 bills target health care access for transgender people.
  • Schools & Education
    • State lawmakers are trying to prevent trans students from participating in school activities like sports, force teachers to out students, and censor in-school discussions of LGBTQ people and issues. 58 bills target LGBTQ rights in schools and educational settings.
  • Free Speech & Expression
    • Despite the safeguards of the First Amendment’s right to free expression, politicians are fighting to restrict how and when LGBTQ people can be themselves, limiting access to books about them and trying to ban or censor performances like drag shows. 19 bills target freedom of speech and expression for LGBTQ people.
  • Access to Accurate IDs
    • These bills attempt to limit the ability to update gender information on IDs and records, such as birth certificates and driver’s licenses. Four bills target the right to accurate identity documents for transgender people.
  • Weakening Civil Rights Laws
    • These bills attempt to undermine and weaken nondiscrimination laws by allowing employers, businesses, and even hospitals to turn away LGBTQ people or refuse them equal treatment. Seven bills seek to weaken existing civil rights laws.
  • Public Accommodations
    • These bills prohibit transgender people from using facilities like public restrooms and locker rooms.
  • Other Anti-LGBTQ Bills
    • These bills don’t quite fit in any of the other categories, but nonetheless target the rights of LGBTQ people. Examples include restrictions on marriage and bills preempting local nondiscrimination protections. Five bills target LGBTQ people and rights, including proposed amendments to define transgender people out of existence.

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Congress

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

Equality Caucus denounces anti-LGBTQ amendments

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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.”
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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’

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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.”

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Politics

EXCLUSIVE: Biden-Harris campaign debuts ads targeting LGBTQ voters

Ads to begin running Tuesday

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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.

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