Opinions
Trans people are in the midst of a second Lavender Scare
Legislative attacks becoming more numerous and draconian
To be trans in the U.S. is to know fear. It is a companion that travels with us constantly: from the moment we realize we are trans, to coming out, to transitioning, and now into our lives long past the point where we should have faded away into anonymity in days past.
We are in the midst of a second Lavender Scare, and in many ways this is far more dangerous: even Christine Jorgensen wasn’t barred from receiving hormones or being within 2,500 feet of children simply for being transgender.
I have been called a doomsayer who profits from prognosticating an inevitable end. This is not precisely true: there is hope, if precious little of it. We can all clearly see the situation deteriorating rapidly in red states, with (at best) spotty resistance from the Democratic Party as a whole. We can see the effects of this deterioration as transgender people not only ask how to flee, but actively do so now. But most in a poverty-stricken community, however, lack the money or resources to flee.
There’s an eerie similarity to 1933, when people sold everything they owned, with no job waiting for them, just to get away from what they saw happening and coming. Others look at what it will take to get to another country, even as those countries are not yet ready to grant trans people asylum or refugee status. Most can only tell you that it’s getting bad, and that they’re afraid of what their government is preparing to do to them, even if they don’t know exactly what that will be. However, with nowhere to go, and no country particularly wanting transgender people, I find myself dreading another S.S. St. Louis moment in history.
There’s an authoritarian party in permanent power in half of the U.S. They’re making it clear that they intend to seize permanent federal control and bring their vision of a shiny, godly America to the rest of the country by any means necessary. They’re ready to destroy the Union and our democracy to save it from “wokeness.” And they have sold their base on the idea that the No. 1 threat that the country must be saved from is transgender people.
State level anti-transgender bills are becoming both more numerous and draconian year after year. The Overton Window of anti-trans legislation keeps shifting further and further to the right. For example, first they wanted to ban transition-related health care for everyone under the age of 18. Then the bills started putting the age at 21. Then, this year, we saw Oklahoma propose banning it for anyone under 26. Texas followed by passing a resolution condemning it for people of all ages.
Now Oklahoma has proposed a law that would ban providers who take state or federal money of money of any sort (e.g. Medicare or Medicaid) from providing transition-related care to anyone of any age. This means thousands of people who transitioned years ago will no longer be able to refill their prescriptions. Access to medical care will become a right that exists in theory but not in practice, like suffrage in the Jim Crow South.
It’s not just medical care. It’s sports, bathrooms, birth certificates, driver’s licenses, bans on “drag”, required misgendering, and forced outing. The creativity of this performative cruelty seems endless. Of these though, the “drag” bans are the most devastating. These laws are deliberately written as to be so vague and overly broad that a symphony orchestra with a transgender 2nd clarinet, or a family with a trans child doing a sing-along in the car would be considered obscene. In West Virginia, SB252 and 278 single out transgender people (and not just drag performers) to declare that their mere presence in public is obscene.
Not only are the scope of laws increasing; the sheer number is growing exponentially. In 2018, there were 19 anti-trans bills proposed in state legislatures. By 2020 it was 60. Last year it was 155. Now, in 2023, we surpassed the 2022 total by the middle of January and are well on our way to more than 200. Even so, these numbers don’t tell the full tale.
In years past, only perhaps 10% of these bills would pass, usually after opposition and debate. Now, we’re seeing bills introduced, sent to committee, debated, and sent to the floor in 24 hours. There is simply so much happening so fast that trans people cannot put together opposition in time to speak against these bills, whereas conservative legislators coordinating with religious legal groups always have “experts” lined up and ready, since they know exactly when and where the bills will be heard ahead of time. The result is that in a year where a record number of anti-transgender bills are introduced, a record percentage, and a record total, will be passed.
Trans people are not doomed, but we’re clearly on an accelerating trajectory to the end of the community in at least half of the U.S. Reversing these trends, and preventing a nationwide destruction of the community, requires numerous highly improbable things to happen. This includes Republicans moving on from the moral panic about trans people, deciding that they’ve gone far enough already with their oppression at the state level, or the courts overturning anti-trans laws. None of these seems likely.
Additionally, there remains the fear that even states with sanctuary laws, like California, will not remain safe forever. Republicans in Congress have made it clear that should they take power in 2024, they intend to pass nationwide laws similar to those at the state level. The odds of the GOP taking full control are frighteningly high: the Senate map in 2024 for Democrats is very bad, Biden’s net approval is where Trump’s was in 2020, and gerrymandering makes taking back the House difficult.
Masha Gessen’s rules for surviving autocracy state that “your institutions will not save you.” This is true for trans people now in several ways: neither courts, the Democratic Party, nor the media seem prepared to stand up for us as the situation goes from hostile to non-survivable. There’s the open question of whether the courts will uphold sanctuary laws. When Texas demands the arrest and extradition of trans people (or parents of trans youth) who have fled to a sanctuary state, it seems unlikely that the current Supreme Court will do anything but what their Christian nationalist masters tell them to. It’s also unknown whether a state like California would defy the courts and break the union over trans people or women seeking an abortion.
Then there’s the news media, the fifth estate that is supposed to be the light of truth shining on darkness. Instead, half of the media ecosystem is leading the charge to brand transgender people as an existential threat to women, children, and society. The other half, like Reuters, the New York Times, and The Atlantic, produce poorly thought out “both-sideism” and concern troll pieces that amplify and reinforce the narratives of the side that believes the ideal number of transgender people in the U.S. is zero.
Trans people have precious few people that they know will go to the mattresses for them. We’re already seeing who on the left and center is stepping aside, or even joining in, to let self-proclaimed Christian fascists like Matt Walsh have their way. Not only can it happen here, but it is happening now, at this very instant, to the sound of deafening silence from the people who swore without irony “never again.”
The American public, for their part, either doesn’t know or doesn’t care. It’s just happening to “those people.” Most trans people cannot enunciate all the factors that have them afraid, and why they form an interlocking system of failures that make recovery from the trajectory we’re on improbable. They just know that things are getting worse, and they don’t see how it will get better. Like animals before an earthquake, they know something is very wrong, even if they can’t explain why, or get anyone to listen.
All they know is that they cannot get out, the unstoppable power of the government is coming, and no one is coming to the rescue. For those who cannot flee, and cannot survive the laws about to be passed, the end comes soon. Drums, drums in the deep.
Brynn Tannehill is a senior analyst at a D.C-area think-tank and author of ‘American Fascism: How the GOP is Subverting Democracy.’
For half a century, the arc of LGBTQ progress in America has bent—slowly, imperfectly—toward justice. We fought for visibility, for legal protections, for the right to marry, serve openly, and live with dignity. Each generation built on the courage of the last.
And yet today, that progress is in peril. Across the country, lawmakers are rolling back protections, demonizing LGBTQ people for political gain, and trying to erase us from public life.
Opponents of our equality are working to erase us from the Constitution, and indeed, public life. In moments like this, based on my personal involvement working with one of the most effective leaders for LGBTQ rights I find myself asking a simple question: What would Jeffrey do?
Jeffrey Montgomery—the focus of a new documentary “America You Kill Me” and a long time Michigan activist and founder of the Triangle Foundation—was never content with quiet advocacy or compromise. He was a rabble-rouser, a strategist, and a relentless thorn in the side of powerful bigots. When politicians tried to marginalize LGBTQ people, Jeffrey didn’t politely ask for scraps. He forced the issue.
Jeffrey Montgomery started with his own determined voice and turned it into a movement. His story is living proof that personal courage can spark national conversations about justice and inclusion.
At a moment when the LGBTQ movement again faces hostility and regression, Jeffrey’s playbook offers lessons we would be wise to remember.
First, Jeffrey understood the importance of punching above our weight. In the early days of LGBTQ organizing, our movement was small, underfunded, and politically marginalized. But Jeffrey refused to let opponents see us that way. Through visibility, media savvy, and relentless organizing, he made LGBTQ advocates appear larger, stronger, and more unified than our numbers alone might suggest.
That perception mattered. Political opponents think twice before attacking a movement that looks organized, energized, and capable of mobilizing public pressure. Jeffrey knew that power is partly about reality—but also about what your opponent believes your power to be.
Second, Jeffrey never compromised on the value of our lives. Movements make compromises all the time. Politics often requires it. But Jeffrey understood that some things are not negotiable. The basic humanity of LGBTQ people is one of them. You can’t put our basic rights on the ballot. You don’t tell people to wait their turn. There are no turns. It’s now. It’s always now.
Too often, our opponents frame equality as something to be bargained over—as if the dignity and safety of queer people were a policy preference rather than a fundamental right. Jeffrey rejected that premise entirely.
You can negotiate strategy. You can negotiate timelines. But you cannot negotiate the worth of human lives.
And finally, Jeffrey understood the power of coalition. Today, one of the most effective tactics used against marginalized communities is division. If LGBTQ people can be fractured—by identity, ideology, generation, or strategy—our collective strength weakens.
Jeffrey instinctively resisted that trap. He worked with civil rights groups, labor leaders, faith communities, civic leaders and allies across movements. He understood that the fight for LGBTQ equality was never isolated from the broader fight for justice.
When opponents try to divide us, the answer is not retreat into smaller camps. The answer is to build broader ones.
If Jeffrey Montgomery were here today, he would not be discouraged by the backlash we are seeing. He would recognize it for what it is: the predictable response of those who feel their power slipping away.
And he would remind us that progress has never been linear. It has always required courage, persistence, and a willingness to challenge power directly.
So, when the moment feels uncertain, when the political winds shift against us, and when our opponents try to make us feel small, the question remains a useful one: What would Jeffrey do?
If history is any guide, the answer would be simple. He would make some noise. And making noise, today, means refusing to let fear, fatigue, or false unity quiet us when our lives are on the line.
Sean Kosofsky was director of policy at the Triangle Foundation.
Opinions
D.C. not the place for antisemitic Democratic Socialists of America
Candidates like Janeese Lewis George should reject its endorsement
D.C. is not the place for the antisemitic Democratic Socialists of America (DSA), who advocate for the end of the State of Israel from the ‘river to the sea.’ The candidates they endorse agree to their platform, which includes not talking to any Zionist organizations. Being a Zionist simply means supporting the existence of the State of Israel. It does not mean supporting the war criminal who heads the government, or what he is doing, including murdering innocent Palestinians, or bombing civilians in Iran and Lebanon. As Ron Halber, CEO of the Jewish Community Relations Council of Greater Washington, wrote in a column in DC Jewish Week, the views of the DSA are totally unacceptable.
The Council is non-political, but I am not. I can say one candidate for mayor, Janeese Lewis George, has asked for, and received, the endorsement of the DSA, and by doing so agrees to its antisemitic platform. After her endorsement became public, George tried to ‘privately apologize’ saying she didn’t see the questionnaire submitted by her campaign, rather it was submitted by a staffer. Now George says she is both not antisemitic, and supports Palestinians. Well, that sounds good. But she, and anyone else who accepts the DSA endorsement, has to answer a series of questions: 1. Are you for a two-state solution and the continued existence of the State of Israel, contrary to the position of the DSA? 2. Do you support BDS? 3. What is your definition of a Zionist? 4. What is your acceptable definition of antisemitism? 5. Will you meet with Zionist groups in DC?
Then, we must recognize if one candidate, like George, can go after and accept an endorsement from an antisemitic organization, it gives tacit permission for others to do the same with organizations that might be Islamophobic, racist, homophobic, sexist, or anti-immigrant. All unacceptable. I urge D.C. voters to reject any candidate, for any office, who has the endorsement of the DSA. That is not what we want the leaders of our government to represent.
Thankfully, there are many choices in this year’s Democratic primary elections for every office. There is a race for mayor, congressional delegate, attorney general, Council chair, two D.C. Council at-large seats, additional Council seats, Democratic State Committee seats and ANCs. D.C. political leadership will look very different after this election.
I urge voters to whittle down their choices by first rejecting anyone endorsed by the DSA. The DSA’s platform, aside from being antisemitic, also includes suggestions to ‘Defund the Police.’ That is a slogan some of the candidates running adopted a few years ago, thinking the people wanted it. They quickly found the people of D.C. didn’t want fewer police, they wanted their police better trained, with better community oversight. They wanted to be sure the police were here to protect them, not to harass them. People should know the DSA at one point even withdrew its endorsement from Rep. Alexandra Ocasio-Cortez (D-N.Y.) as she wasn’t strident enough in her opposition to Israel and actually met with a Zionist organization. There are many Zionists like me — a gay, Jewish man — who support the existence of the State of Israel, yet want to see Netanyahu, a war criminal, a murderer, tried for his crimes and in jail, and his government replaced. Zionists who support Palestinians and want them to have their own free state.
As you decide who gets your vote, one way to find out about a candidate is looking at their website. I would suggest you reject any candidate who doesn’t have a strong issues section. The least you can expect of a candidate is to tell you in detail what they intend to do if you elect them. That includes our delegate to Congress, even if they won’t have a vote. If Democrats take back the House of Representatives, we can expect our delegate to once again get a vote in committee, and that can be very important.
In the next couple of weeks, I will make some endorsements and share them with you in the Blade, for anyone who might be interested. They will detail why I endorse a particular candidate. I will not suggest second, third, fourth, or fifth choices. That is for you to decide. No matter who you give your first vote to, even with ranked choice voting, you can still vote for only one person. If you decide to list more choices, make sure the views of your second, and other choices, coincide with those of your first choice.
So here is to an honest election season, one in which we end up with candidates winning who really care about our city, who have proven track records, and who will make us proud. Your job is to VOTE, and I hope everyone will.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Commentary
Is Ghana’s selective justice a human rights contradiction?
Country’s commitment to human rights appears inconsistent
Ghana’s mission to have the United Nations recognize the trafficking of enslaved Africans and racialized chattel enslavement as the gravest crime against humanity is a historic milestone. The resolution adopted on March 25, 2026, with 123 out of about 180 countries in support, marks a major step toward global acknowledgement of the brutality and inhumanity of slavery. A 2022 report by the Equal Justice Initiative, “The Transatlantic Slave Trade,” highlights how during the slave trade, Africans who were enslaved had no rights, freedom, recognition or protection under the law. They had no voice, no bodily autonomy, no respected identity and could be brutally violated with no legal protection. This history represents a grave crime against humanity.
In my opinion, Ghana and the other countries that voted in favor are entirely right to say that such historic events cannot be sanitized or reduced to diplomatic language. Recognition is the first step towards accountability. This matter is important because it is arguably the foundation of the modern-day injustice and inequality people experience, including wealth inequality, racism, sexism, xenophobia, and queerphobia.
The double standard
Yet, despite this important step on the world stage, Ghana’s commitment to human rights appears inconsistent. The same government advocating for justice for enslaved Africans is enacting laws that jeopardies the rights of Africans today. This contradiction between Ghana’s international stance and its domestic policies is at the heart of the discussion.
In February 2026, the Ghanaian parliament formally received the Human Sexual Rights and Family Values Bill. The bill is a grave threat to the rights to nondiscrimination, protection under the law, privacy and freedom of association, assembly, and expression. It expands criminalization of LGBTQ+ people, and anyone associated with them. This Human Sexual Rights and Family Values Bill calls for a three-year imprisonment for anyone who identifies as LGBTQ+, anyone who has gender affirming treatment, anyone who enters into a same-sex marriage or attends a same-sex wedding and anyone who promotes equal rights for LGBTQ+ people. It turns enforcement into a societal obligation rather than just a state function, encouraging people to report anyone who looks suspicious or different. This further legitimizes the brutal attacks on LGBTQ+ people socially, which leaves the people of Ghana with blood on their hands.
Ghana’s proposed and reintroduced anti-LGBTQ+ legislation is said to be among the most restrictive in the world and will result in the inhumane treatment of LGBTQ+ people. It not only further criminalizes consensual same-sex relations but also targets civil society organizations that are perceived to be supporting equal rights for LGBTQ+ people. So, if this law passes, it will be illegal to support equal rights and challenge the inhuman treatment of queer Ghanaians and allies. Is this not a double standard? Ghana seeks justice for the ill-treatment of Africans during the transatlantic slave trade but is actively in the process of seeking to harm its own people.
This is not theoretical harm; it is practical harm. According to the Human Rights Watch, LGBTQ+ people in Ghana already face systemic stigma, discrimination, harassment and violence, often enabled by both legal frameworks and social stigma, resulting in a hostile climate.
Ghana falls short of upholding human rights at home
On the global stage, Ghana is arguing that the dehumanization of Africans through slavery was so severe that it constitutes the gravest possible violation of human dignity. This argument rests on a core principle that reducing people to less than fully human is unacceptable under any circumstances.
Back at home, the state is endorsing laws that do exactly that to LGBTQ+ people. Criminalizing identity, suppressing expression, clamping down on civic space, monitoring and surveilling citizens and advocating for social exclusion. These are elements of dehumanization signaling that some are less deserving of protection, dignity, respect, and justice. That is the definition of a double standard.
Supporters of these laws often frame homosexuality as un-African, but this claim does not hold up under scrutiny. In his article, “The ‘Deviant’ African Genders That Colonialism Condemned”, Mohammed Elnaiem emphasizes that historical and anthropological evidence shows that diverse sexualities and gender expressions existed across African societies long before colonial rule. Ironically, many of the laws used to criminalize LGBTQ+ people today trace directly back to the colonial-era. This is even supported by the African Court, which, in December 2020, through its Advisory opinion, made it clear that these colonial-era laws are discriminatory and perpetuated marginalization. The African Court also called on African states to take action in this regard.
It is no secret that anti-rights actors are actively operating in Ghana and supporting leaders to advance their anti-rights agenda. They are increasingly organized, visible, well-funded, and influential in shaping state policy. The upcoming 4th African Inter-Parliamentary Conference on Family and Sovereignty, scheduled to take place in Accra from May 27-30, 2026, is a clear example of this coordination. The conference endorses the so-called African Charter on Family Values, a deeply contested initiative that frames LGBTQ+ people as a threat to children and positions queer identities as foreign ideologies. This platform is being used to legitimize and advance anti-LGBTIQ+ legislation, restrict comprehensive sexuality education and roll back sexual and reproductive health rights. In this context, the treatment of LGBTQ+ people in Ghana cannot be viewed as isolated policy choices, but rather as part of a broader coordinated anti-rights agenda that normalizes and legalizes discrimination. It fuels increasingly inhumane conditions for queer communities and civil society. Ghana is simultaneously rejecting colonial injustice in one breath while enforcing colonial-era morality laws in another.
There is also a legal inconsistency worth noting. Ghana’s own Constitution guarantees the right to life, protection from violence, the right to personal liberty, the right to human dignity, equality and freedom from discrimination and the right to a fair trial. Yet, in practice these rights are not equally applied to LGBTQ+ individuals. Depriving equal rights to LGBTQ+ persons is the same as what the slave owners did to slaves.
You cannot build a credible human rights position on selective application
To be clear, recognizing slavery as a crime against humanity is not diminished by pointing out this contradiction. Both truths can coexist: the UN resolution is a victory and Ghana’s domestic policies remain deeply troubling. In fact, holding both realities together is necessary if the language of human rights is to mean anything at all. Ghana has taken a powerful stand on the global stage. The question now is whether it is willing to apply that same moral clarity at home.
Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.
