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Trans people are in the midst of a second Lavender Scare

Legislative attacks becoming more numerous and draconian

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(Washington Blade file photo by Michael Key)

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 wasnā€™t barred from receiving hormones or being within 2,500 feet of children simply for being transgender.Ā 

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 soĀ now. But most in a poverty-stricken community, however, lack the money or resources to flee.

Thereā€™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 itā€™s getting bad, and that theyā€™re afraid of what their government is preparing to do to them, even if they donā€™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. LouisĀ moment in history.

Thereā€™s an authoritarian party in permanent power in half of the U.S. Theyā€™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. Theyā€™re ready to destroy the Union and our democracyĀ to save it from ā€œwokeness.ā€ And they have sold their base on the idea that the No. 1 threat that the country must be saved fromĀ is transgender people.

State level anti-transgender bills are becoming both more numerous and draconian year after year.Ā  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 OklahomaĀ propose banning it for anyone under 26. Texas followed by passing a resolution condemning it for people of all ages.Ā 

Now Oklahoma has proposed a lawĀ 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.Ā 

Itā€™s not just medical care. Itā€™s sports, bathrooms, birth certificates, driverā€™s licenses, bans on ā€œdragā€, required misgendering, and forced outing. The creativity of this performative cruelty seems endless. Of these though, the ā€œdragā€ 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 2ndĀ 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 donā€™t tell the full tale.

In years past, only perhaps 10% of these bills would pass, usually after opposition and debate. Now, weā€™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 ā€œexpertsā€ 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 weā€™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 theyā€™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, Bidenā€™s net approval is where Trumpā€™s was in 2020, and gerrymandering makes taking back the House difficult.

Masha Gessenā€™s rules for surviving autocracy state that ā€œyour institutions will not save you.ā€ 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. Thereā€™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. Itā€™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 thereā€™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 ā€œboth-sideismā€ 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. Weā€™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 ā€œnever again.ā€ 

The American public, for their part, either doesnā€™t know or doesnā€™t care. Itā€™s just happening to ā€œthose people.ā€ 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 weā€™re on improbable. They just know that things are getting worse, and they donā€™t see how it will get better. Like animals before an earthquake, they know something is very wrong, even if they canā€™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 ā€˜American Fascism: How the GOP is Subverting Democracy.ā€™

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Dawn of a new era of Pride politics

Remembering a time when High Heel Race was banned

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The High Heel Race in 1990. (Washington Blade archive photo by Doug Hinckle)

In conjunction with World Pride 2025, the Rainbow History Project is creating an exhibit on the evolution of Pride. In ā€œDawn of a New Era of Pride Politics,ā€ we discuss how fewer than a dozen picketers in the 1960s grew the political power to celebrate openness, address police brutality, and rally hundreds of thousands to demand federal action.

By the mid-1980s, the LGBTQ communityā€™s political demands and influence had grown. The AIDS crisis took center stage across the nation and locally. Pride events morphed from the entertainment of the 1970s into speeches, rallies, and protests. Groups like ACT UP, Inner City Aids Network, and GLAA made protests and public pressure year-round events, not just Gay Pride Day. Blacklight, which was the first national Black gay periodical, ran an in-depth cover story on AIDS and its impact on the community in 1983:

ā€œThe gay community has to think in terms of what it can do to reduce the incidence of AIDS,ā€ a writer noted in the Q&A section of the article. He added, ā€œIf your partner has AIDS that doesnā€™t mean one shouldnā€™t show care and concern, and just throw him outā€¦ There should be support groups that would help gay people who have AIDS and not just shun them.ā€

Just about 10 years later, however, support extended to activism, the onus not just on gay people to reduce the incidence of AIDS. On Oct. 11, 1992, ACT UP protesters threw the ashes of their loved ones onto the White House lawn to protest government inaction and negligence.

ā€œIf you won’t come to the funeral, we’ll bring the funeral to you,ā€ one protester said about President Bush, according to the National Park Service. 

The Ashes Action and many other protests brought awareness to the issues of the day ā€“ the epidemic, government ignorance, and police brutality, among others.

When the first High Heel Race began on Halloween 1986 at JR.ā€™s Bar and Grill, a popular 17th Street gay bar, about 25 drag queens ran up 17th Street, N.W., in their high heels from JR.ā€™s to the upstairs bar at Annieā€™s Paramount Steakhouse, where they then took a shot and ran back to JR.ā€™s. It was joyous and grew in popularity yearly despite impacting the localsā€™ ā€œpeace, order, and quiet,ā€ according to the Washington Blade in 1991.

In 1990, though, pushback from the neighborhood community against the High Heel Race meant its official cancellation in 1991 ā€“ no coordinators, no queens, and no planning. However, despite statements that it wouldnā€™t occur, people still came. Roughly 100 police officers arrived to break up the crowd for causing a public disturbance. They injured people with nightsticks and arrested four gay men. D.C. residents Drew Banks and Dan Reichard planned to file brutality charges, and lesbian activist Yayo Grassi had her video camera, recording the scene.

ā€œThis will set back a lot of the good will between the Gay community and the police,ā€ said Tracy Conaty, former co-chair of the Gay Men and Lesbian Women Against Violence, in a 1991 interview with the Blade. ā€œWhat people will see and remember now is that police used excessive force on a group of peaceful crowd because of their homophobia.ā€ 

Other protests advocated for equal representation. D.C.ā€™s 1948 sodomy law was first repealed by the City Council in 1981 ā€“ but Congress overturned the repeal. Still, gay activists urged the D.C. Council to consider action. 

ā€œHere in the district, we have been thwarted by a bunch of nutty fundamentalists from other places, and so the whole population of Washington remain habitual, recidivist, repetitive, villains, held hostage by a small group of noisy fascists,ā€ Frank Kameny said at a 1992 rally. A successful repeal of the law passed subsequently in 1993, and this time, Congress did not interfere.

Our WorldPride 2025 exhibit, ā€œPickets, Protests, and Parades: The History of Gay Pride in Washington,ā€ centers the voices of the event organizers and includes the critics of Pride and the intersection of Pride and other movements for equal rights and liberation. But we need your help to do that: we are looking for images and input, so take a look around your attic and get involved.


Vincent Slatt volunteers as director of archiving at the Rainbow History Project. Walker Dalton is a member of RHP. See rainbowhistory.org to get involved.Ā 

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LGBTQ Africans remember that Kamala Harris stood up for them

Vice president raised LGBTQ issues during 2023 trip to Ghana

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Vice President Kamala Harris arrives in Accra, Ghana, on March 26, 2023. (Photo courtesy of Harris's Twitter page)

Although few Americans heard about it at the time, LGBTQ+ Africans remember that Kamala Harris stood up for them when she visited Africa as vice president in March 2023.  

On March 27, 2023, she appeared at a joint news conference in Accra, Ghana, with Ghanaian President Nana Akufo-Addo. The final question came from Zolan Kanno-Youngs of the New York Times. Referring to the bill that would impose harsh jail terms on LGBTQ+ people, then being considered by the Ghanaian parliament, and citing the Biden administrationā€™s commitment toā€ calling out any foreign government that advanced anti-gay legislation or violates human rights,ā€ he asked her ā€œwhat have you said to the president and plan to say to other leaders on this trip about the crackdown on human rights?ā€

Under the “Human Sexual Rights and Ghanaian Family Values Bill,ā€ which was passed by the Ghanaian parliament on Feb. 28, 2024, people who engage in same-sex relations will be subject to up to three years imprisonment, anyone who promotes LGBTQ+ rights can be jailed for six to 10 years, and all LGBTQ+ organizations will be banned. The act is now being challenged in the countryā€™s Supreme Court as unconstitutional.

As Nii-Quarterlai Quartner, professor at Pepperdine University, writes in his new book, ā€œKamala, the Motherland, and Me,ā€ ā€œeven before he completed his inquiry, members of the Ghanaian cabinet made their disapproval apparent. You could see their faces get tight and hear the whispers. You could even hear some laughter. Was it nervous laughter? Was it belittling laughter? Was it somewhere in between? I donā€™t know. But the immediate shift in energy was palpable. Despite the angry stares and even some snickers from around the room, Vice President Harris never paused or hesitated in her response.ā€

Standing at Akufo-Addoā€™s side, Harris answered the question directly and at length. 

ā€œIā€™ll start,ā€ she said, ā€œI have raised this issue, and let me be clear about where we stand. First of all, for the American press who are here, you know that a great deal of work in my career has been to address human rights issues, equality issues across the board, including as it relates to the LGBTQ+ community. And I feel very strongly about the importance of supporting freedom and supporting and fighting for equality among all people, and that all people be treated equally. I will also say that this is an issue that we consider, and I consider to be a human rights issue, and that will not change.ā€

Former President Donald Trumpā€™s policy, if he wins the election this coming November, would be quite different.  

According to the Project 2025 report, prepared under the direction of the Heritage Foundation by leading Trump advisors, in Trumpā€™s second term, the United States will ā€œstop promoting policies birthed in the American culture warsā€ and stop pressing African governments to respect the rule of law, human rights/LGBT+ rights, political and civil rights, democracy, and womenā€™s rights, especially abortion rights.Ā ā€œAfrican nations are particularly (and reasonably) non-receptive to the US social policies such as abortion and pro-LGBT initiatives being imposed on them,ā€ by the United States, the report declares. Therefore, ā€œthe United States should focus on core security, economic, and human rights engagement with African partners and reject the promotion of divisive policies that hurt the deepening of shared goals between the US and its African partners.ā€

The fate of LGBTQ+ Africans may not matter much to most American voters, but the results of the US election matter to them. Their safety, freedom, and lives depend on it.

Daniel Volman is the director of the African Security Research Project in Washington, D.C., and a specialist on US national security policy toward Africa and African security issues.

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Ukraineā€™s new conscription laws threaten humanitarian efforts

NGOs supporting LGBTQ community losing staff to war effort

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Bogdan Globa of QUAā€”LGBTQ Ukrainians in America speaks at Ukraine House in Washington, D.C. in 2023. (Washington Blade file photo by Michael Key)

Ukrainian men are being pulled away from vital humanitarian work and drafted into the military under new conscription laws, according to local activists.

One huge challenge facing Ukraineā€™s war effort is a shortage of conscripts. Kyiv hopes new laws passed in April 2024 aimed at recruiting many more soldiers will help it get on the front foot militarily, particularly after a fresh wave of attacks from Russia in May 2024 in the northeast.

Vasyl Malikov is the Kharkiv coordinator of Alliance.Global northeastern Ukraine. The NGO provides a wide range of services to the LGBTQ community in the Kharkiv region, including HIV prevention and testing, psychosocial help, medical, and humanitarian aid.

He told me that most of the men who work with the organization to provide these services as well as their volunteers are liable to be called up for military service under the new conscription drive.

Russian invasions of Ukraine in 2014 and 2022 have resulted in a protracted war being fought along a front line stretching over several hundred miles. In August 2024 Ukraine opened a new line of attack when it pushed into Russiaā€™s Kursk region, with reports estimating Ukraine could commit as many as 10,000 troops to the attack. Despite the widespread use of new technology on the battlefield, much of the war is being fought by more traditional means, with large numbers of soldiers armed with rifles defending the country from trenches.

The new laws aim to reinforce Ukraineā€™s tiring military and lower the age of conscription from 27 to 25, although volunteers over 18 are still accepted.

Ukraine has for a decade been successfully pressing the United States government and leaders in Europe for weapons to defend itself against Russian aggression, but having enough soldiers to use them is a significant challenge.

An initial target of conscripting 450,000 to 500,000 new recruits has been lowered, but it is not clear what the new number is. Iā€™ve been regularly reporting from the front line in and around Kharkiv, the country’s second biggest city, over the last two years, and itā€™s obvious that Ukraineā€™s military is running short of personnel.

Malikov says some of the men who work with Alliance.Global have already been called into the army, and are hard to replace. ā€œGood international practice is that many of the services we provide to LGBTQ people are best done by social workers and volunteers who come from the communities they serve (peer-to-peer),ā€ he said. 

ā€œWe do an enormous amount of work providing vital social and other support to gay men and bisexual men in and around Kharkiv. Trust is important in the outreach to these communities, and if men from our team are taken for the army you canā€™t just get anyone to replace them. These are experienced professionals, committed to this work.ā€

A few of the Alliance.Global team are exempt from the military draft on medical grounds, or for some other reason. Malikov is himself currently exempt because he is also a university professor, but this academic certificate has to be renewed every three months – a long bureaucratic process, he says, which can involve him queueing for five hours at a time. 

This new challenge comes as the countryā€™s LGBTQ community confronts a halt to progress on legislation to introduce same-sex civil partnerships, despite more than 70 percent of Ukrainians polled saying that LGBTQ people should have the same rights as other citizens. This is a huge improvement from 2010 attitudes, when only 28 percent of Ukrainians thought that “gay men and lesbians should be free to live their lives as they wish.”

Yet, as Bogdan Globa, president and co-founder of QUA ā€“ LGBTQ Ukrainians in America, notes, ā€œthousands of LGBTQI+ are serving in the army with a civilian partner back at home. For straight couples, if something happens with a military partner (wounded or killed), a civilian partner will obtain a variety of government benefits, from cash support to housing. In the case of same-sex couples, they are invisible to the government and have no help or recognition. A civilian person has no right to even bury their partnerā€™s body.ā€ 

Malikov says, ā€œany Ukrainian man could find himself in the military in a matter of weeks from now, because itā€™s a civic duty of Ukrainian men during wartime, including any number of the 80 or more men who are part of the Alliance.Global network.ā€ 

The new recruitment drive presents new tests for his work in Kharkiv. ā€œIt makes things very difficult to plan. We donā€™t know who will be called up, or when, and itā€™s another layer of unpredictability to an already uncertain future,ā€ he says.

For more, see Human Rights Firstā€™s new report, ā€œNew Recruits: Ukraineā€™s Military Conscription Laws Threaten Humanitarian Efforts,ā€ written by Maya Fernandez-Powell and myself.

Brian Dooley is senior adviser for Human Rights First.

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