National
2011 to bring new marriage fights across U.S.
R.I., Md. best bets for progress, while N.C., Ind. face bans

Rhode Island Gov. Lincoln Chafee, shown here at a meeting with LGBT supporters, backs same-sex marriage rights. (Photo courtesy of Chafee’s office)
With “Don’t Ask, Don’t Tell” repealed, the issue of marriage returns to center stage in 2011 as many states are poised to enact same-sex marriage or civil unions legislation — or pursue measures that would repeal or block such rights for gay couples.
With new governors or changes to their state legislatures, Rhode Island, Maryland and New York could advance same-sex marriage legislation as soon as this year.
But changes in the political dynamic after the 2010 elections also mean that marriage rights could be repealed in New Hampshire and amendments banning same-sex marriage could go forward in North Carolina, Indiana and Pennsylvania.
Meanwhile, legislation to enact civil unions could advance in Hawaii and Delaware.
Rhode Island is among the states that could see early action in passing a same-sex marriage bill.
Newly seated Gov. Lincoln Chafee (I), who supports same-sex marriage, has replaced Gov. Donald Carcieri (R), who opposed gay nuptials.
In his inauguration address, Chafee encouraged the Rhode Island General Assembly “quickly consider and adopt” a same-sex marriage bill to send to his desk.
“When marriage equality is the law in Rhode Island, we honor our forefathers who risked their lives and fortune in the pursuit of human equality,” he said.
Same-sex marriage bills were introduced in both chambers of the Rhode Island General Assembly last week. House Speaker Gordon Fox, who’s gay, supports the passage of a marriage bill through his chamber.
Kathy Kushnir, executive director of Marriage Equality Rhode Island, said she thinks the marriage bill will come before the House Judiciary Committee before the end of January.
“So we’ll be holding hearings, and then, we’ll be looking at, of course, the committee vote and the floor vote as soon as possible,” she said.
Karen Loewy, senior staff attorney for Gay & Lesbian Advocates & Defenders, said the prospects for passing a marriage bill in Rhode Island are “really fantastic” and called Chafee an “active supporter” of the legislation.
“It was part of his inaugural address,” she said. “He’s really committed to getting a marriage bill passed.”
The Senate isn’t expected to take action on the marriage bill until the House finishes action on the measure. The legislative session ends in June, so the marriage bill would have to reach the governor’s desk by that time.
Kushnir said the biggest challenge in passing a marriage bill in Rhode Island is ensuring that lawmakers address the legislation as they take on other issues facing the state.
“There are really important issues also — the economy, jobs and the budget — that are before the legislature,” Kushnir said. “But you know what? Everyone knows that passing marriage equality and treating everybody equal here in Rhode Island does very well for all of those issues.”
Loewy said passage in the Senate remains “a stronger challenge,” but support should exist in the chamber to pass a marriage bill.
“Even there, I think, you’ve got folks who are ready to understand how important this is for same-sex couples in Rhode Island,” she said.
LGBT rights supporters are also optimistic about the chances of a same-sex marriage bill passing in Maryland, where the configuration of the Senate for the first time provides a path for passage.
Last month, a majority of members who support same-sex marriage were named to Senate Judicial Proceedings Committee, ensuring for the first time that a same-sex marriage measure would clear the panel and reach the Senate floor for a vote. Up until now, the committee has blocked the marriage bill, even though the chamber was in Democratic control.
Sen. Richard Madaleno of Montgomery Country, who’s gay, last week expressed confidence about passage of the marriage bill.
“I have never been so optimistic about getting this done,” he said. “Today at lunch I sat quietly by myself with a list of the members of the new Senate going over again and again in my head where the votes are, and I’m feeling really good right now both for the floor vote and the cloture vote.”
The bill is being introduced by Majority Leader Kumar Barve (D-Dist. 17) and Del. Keiffer Mitchell (D-Dist. 44). The Senate version will be advanced by Majority Leader Rob Garagiola (D-Dist. 15) and Madaleno.
Supporters in the Senate believe they have the 24 votes needed to pass the marriage bill on an up or down vote but are less certain about whether they have the 29 votes needed to invoke cloture and stop an expected filibuster by same-sex marriage opponents.
Another obstacle could be a referendum on the marriage law. Nearly all observers of the General Assembly expect opponents to initiate petitions to call for a referendum, which would stop the bills from taking effect until after voters decide on the issue.
In New York, supporters of same-sex marriage are looking to the state legislature to approve a bill extending marriage rights to gay couples that would be sent to newly seated Gov. Andrew Cuomo’s (D) desk for his signature.
As in previous years, a marriage bill is expected to be able pass again in the State Assembly, where Democrats have retained control of the chamber, but the situation is different in the Senate, where Republicans have regained control after the election.
Still, Republican Leader Dean Skelos suggested prior to the election that if Republicans regain power in the Senate, he would allow a vote on same-sex marriage to come, even though — like all GOP senators — he previously voted against the marriage bill.
“Let me just say, when we win back the majority, there is legislation that I believe all of you interested in, that I believe should be voted on again,” Skelos said in October. “We’re not going to stifle discussion. We are not going to stifle votes. And it is truly my belief that people should be allowed to vote their consciences.”
Even if the legislation comes up for a vote in the Senate, the prospects for passage are uncertain. When the bill previously came up for a vote late in 2009, the measure failed 24-38.
Two lawmakers who support same-sex marriage were elected to the Senate since the last vote on the legislation, but that change is far from the 32 votes needed to pass a bill in the Senate.
Ross Levi, executive director of the Empire State Pride Agenda, said the “political dynamic remains very promising” for passing a same-sex marriage bill as well as a transgender civil rights bill in New York.
“The phrase that I’ve been using is that there’s a clear and credible path to victory in the not distant future,” Levi said.
Asked whether passage would be likely in the next two years given the makeup of the legislature, Levi replied, “For me, it’s not talking about timeline, it’s about the work we have to do to make sure that we can have a successful vote as soon as we can.”
Dan Pinello, a gay government professor at the City University of New York, said he’s not optimistic about passage of a marriage bill in the legislature over the course of the next two years.
“[Skelos] has said a few things suggesting that [he would bring the bill to a vote], but that’s not a guarantee,” Pinello said. “So, yeah, he could bring it up for a vote, but that’s no guarantee it’s going to pass. I just don’t see it happening, sadly.”
Pinello said the next opportunity to advance same-sex marriage could be in 2013 as a result of the redistricting this year. He said political power should shift from upstate to downstate, which would give Democrats a majority in the Senate.
“Upstate tends to be Republican and downstate tends to be Democratic, so it’s likely even though Republicans will be redrawing the Senate district lines, there’s no way they can still maintain a majority, given the demographic shifts the Census will reveal,” Pinello said.
Repealing marriage in N.H.?
While several states are poised to advance marriage rights, other places could see a rollback of relationship recognition for same-sex couples.
The most prominent of those states is New Hampshire, where opponents of same-sex marriage may have the political power to repeal the marriage law enacted in 2009.
Gov. John Lynch (D), who signed the marriage bill into law, is expected to veto the bill should it come to his desk. But after the election, Republicans now have a super majority in both chambers of the legislature and could override his veto.
Four bills have already been introduced in the legislature to repeal the marriage law.
State Rep. Leo Pepino (R), who introduced one of the bills, said he thinks there is support to repeal the marriage law, according to the Nashau Telegraph.
“I think we have the votes [to repeal],” Pepino said. “We have a lot of really good conservatives and a good conservative doesn’t believe in gay marriage. … It’s a matter of ethics.”
GLAD’s Loewy said the chances of repealing the marriage law in New Hampshire are “hard to quantify,” adding she doesn’t know whether the votes are present to take such action.
“The LGBT community in New Hampshire is very much gearing up for a fight to protect marriage the best way we know how: by talking to legislators about how taking away marriage is going to hurt their families and their kids,” Loewy said.
Loewy added she’s hoping that New Hampshire won’t go down the path of repealing the law and would instead pursue “issues like jobs and the economy that everybody knows is the priority.”
“I think, like I said, the community has a lot of work to do, but, I think, it’s absolutely fair to expect and hope that that’s not the path that New Hampshire’s going to go down,” she said.
Mo Baxley, executive director of the New Hampshire Freedom to Marry Coalition, said the Granite State has never taken away the rights of its citizen, but that is what some anti-gay lawmakers are proposing to do.
“The married gay and lesbian couples here have in no way impacted anybody else’s marriage,” she said. “Let’s move on. Marriage has been debated to death here and the priority right now is the economy and the budget.”
Other states are prepared to advance constitutional amendments that would ban same-sex marriage.
One such state is North Carolina, where Republicans swept into power in both the House and Senate following the November elections.
Ian Palmquist, executive director of Equality North Carolina, said his organization is “fully expecting” that a constitutional amendment banning both same-sex marriage and marriage-like unions will advance this year.
“I think there’s a chance of blocking it, but it’s a very tight vote at the moment,” he said.
Palmquist said he’s getting mixed signals on when the vote would come up and said it could be anytime between February and July.
In North Carolina, passing a constitutional amendment requires a third-fifths vote of approval from both chambers of the state legislature followed by a majority of voters at the ballot box.
Palmquist said the measure could be on the ballot in 2011, but he expects it would come to voters in 2012. Such a move would enable conservatives to turn out their base during a presidential election year.
“It would definitely be a challenge to defeat it at the ballot,” Palmquist said. “There is majority support in North Carolina for some form of relationship recognition. We certainly would use that to try to stop this kind of amendment from moving forward.”
Another state where LGBT rights supporters are anticipating a constitutional ban on same-sex marriage and marriage-like unions is Indiana.
In previous years, advocates had been able to block the amendment in the House because Democrats held a narrow majority in the chamber, but the situation has changed now that Republicans took control of the House and expanded their control of the Senate following the November elections.
Don Sherfick, legislative chair for Indiana Equality, said the prospects for a constitutional ban on same-sex marriage passing this year are good in Indiana.
“I guess I would be less than honest if I were to say that things were looking rosy for continuing to unequivocally being able to fight such a thing coming through,” he said.
Anticipating hearings in either the House or Senate or both chambers within six weeks, Sherfick said Indiana Equality is mounting a public relations and lobbying campaign to try to block the amendment.
“People will at least know what they’re doing and we’ll set our sights on fighting it in the next legislature,” he said.
Bil Browning, an Indiana native and editor of the Bilerico Project, said he’s 99.9 percent certain that the Indiana Legislature would pass a constitutional amendment to ban same-sex marriage.
“The two things they wanted to do most and first and foremost was a bill that would require a woman to have a sonogram three days before any planned abortion — in the hopes that she’ll see it and not want to have the abortion — and a constitutional amendment prohibiting same-sex marriage,” Browning said.
For a constitutional amendment to pass in Indiana, it must pass the state legislature twice — a first time and then again after an election — before the measure comes before voters. If the legislature passed an amendment this year, the soonest it could get to voters is 2014.
Browning said gay rights supporters can hope for a change in the makeup of the legislature after the next election as a way to block the amendment from final passage.
“Two years from now, if we can retake the Indiana House it’s probably dead, but for at least passing this session, I’d say [the chances] are 99.9 percent,” he said.
Browning said one factor working in advocates’ favor in Indiana is that all the Fortune 500 companies headquartered in the state previously testified before the legislature against the amendment.
Additionally, Gov. Mitch Daniels (R), who has called for a “truce” on social issues, is widely considered to be thinking about a run for president and may want to steer clear of marriage prior to 2012. Still, the amendment wouldn’t require his signature for passage.
A similar situation can be found in Pennsylvania, where Republicans took control of the House and retained control of the Senate.
Malcolm Lazin, executive director of the Philadelphia-based Equality Forum, said passage of a constitutional ban on same-sex marriage is “of concern” because of new Republican control of the House.
“We were able to successfully block it in the past because the House was controlled by the Democrats,” Lazin said. “That dynamic has now changed. In addition, there is now a Republican governor of Pennsylvania.”
As in Indiana, for a constitutional amendment to pass in Pennsylvania, the measure has to be approved by a majority vote in both chambers of the legislature — once and then again after an election — before going to voters as a ballot measure.
Ted Martin, executive director of Equality Pennsylvania, predicted that the amendment would be introduced in both the House and Senate, but was skeptical of lawmakers’ ability to push it through the legislature.
Martin said the likelihood of the measure passing in the House committee is high, but its passage on the House floor is less certain. For the Senate, which has been controlled by Republicans for more than two decades, Martin said he doubts the measure would make it through committee.
“The Senate, in the past, has always taken a less active tone about it,” Martin said. “They’ve become much more libertarian in their view. Just to remember, we were able to block this in committee three times before.”
Hawaii, Del. to take up civil unions
As many states take on the marriage issue — either to advance gay nuptials or ban them — two other states are prepared to enact civil unions early in 2011.
In Hawaii, LGBT advocates are ready to advance a civil unions bill that newly seated Gov. Neil Abercrombie (D) has pledged to sign.
Last summer, a civil unions bill in the Aloha State was vetoed by former Republican Gov. Linda Lingle, but with her gone, gay rights supporters see a clear path toward passing the legislation.
Alan Spector, co-chair of Equality Hawaii, said he expects that the civil unions bill will easily pass the legislature to reach Abercrombie’s desk soon after the session starts on Jan. 19.
“With the November 2010 election behind us, and a new governor and new leadership, we’re pretty confident that we will pass the bill early in 2011,” Spector said.
Spector estimated that the legislation would be introduced in the third week of January and ideally would make it to the governor’s desk by March.
“The process can go as quickly as a month or it can take the whole session — or it can on into 2012,” Spector said. “It all depends on what happens, but we’re pretty optimistic that it’s going to go quickly this year.”
Advocates are pursuing civil unions in Hawaii instead of marriage because in 1998, voters approved a constitutional amendment granting the legislature the power to ban same-sex marriage, which lawmakers then pursued.
Similarly, LGBT advocates in Delaware are ready to advance legislation this year that would enact civil unions in the First State.
Peter Schott, political vice president of Delaware Stonewall Democrats, said the “atmosphere is probably better than it’s been in a few years” for passing civil unions in the state.
“We have formed a coalition, which a number of elected officials are on — civic leaders,” Schott said.
LGBT rights supporters know they have the votes in the House, Schott said, but questions about passage in the Senate remain because leadership could refer the legislation to an unfavorable committee.
Schott said supporters of civil unions in Delaware want to pass the legislation this year so it doesn’t come up during the 2012 election season.
The White House
Hundreds protest ICE killing of Renee Nicole Good in D.C.
Married queer woman shot in Minneapolis on Wednesday
Hundreds of people took to the streets of D. C. on Thursday night to protest the killing of a U.S. citizen by a U.S. Immigration and Customs Enforcement agent.
Protests began at the busy — and increasingly queer — intersection of 14th and U Streets, N.W. There, hundreds of people held signs, shouted, and made their way to the White House to voice their dissent over the Trump-Vance administration’s choice to increase law enforcement presence across the country.
The protest, which also occurred simultaneously in cities large and small across the country, comes in the wake of the death of Minneapolis resident Renne Nicole Good at the hands of ICE Agent Jonathan Ross. Good left behind two children and a wife, Rebecca Good.
Records obtained by the Associated Press found that Ross was an Iraq War veteran and nearly two decades into his career with U.S. Border Patrol and ICE.
Good was gunned down just blocks away from where George Floyd was killed by police in 2020, sparking weeks of national protests. Minnesota officials say the FBI has blocked their access to an investigation into the fatal shooting, according to a BBC story published on Friday.
In the nation’s capital, protesters marched from the intersection of 14th and U Street to Lafayette Square, right outside the White House. Multiple D.C. organizations led the protest, most notably Free DC, a nonprofit that works to ensure the right of “self-determination” for District residents, as many local laws can be reviewed, modified, or overturned by Congress. Free DC had organized multiple protests since the Trump-Vance administration was elected.
The Washington Blade spoke to multiple protesters towards the tail end of the protest about why they came out.
Franco Molinari, from Woodbridge, Va., crossed the Potomac to partake in his first-ever protest.
“I don’t appreciate ICE and the use of federal agents being pretty much militarized against America,” Molinari said while holding a “Justice for Renee” sign. “The video of Renee being executed cartel style in her car was enough for me to want to come out, to at least do something.”
Molinari, like many others the Blade spoke with, found out about the protest on Instagram.
“It was my friend there, Sarah … had sent a link regarding the protest to a group chat. I saw it in the morning, and I thought, ‘You know what, after work, I’m head out.’”
He also shared why protesting at the White House was important.
“I already saw the response that the president gave towards the murder of Renee, and it was largely very antagonizing,” Molinari said.
President Donald Trump, along with federal leaders under him, claimed that Good “violently, willfully and viciously ran over the ICE officer.” The president’s claims have been widely discredited through multiple videos of the incident, which show Good was attempting to leave the scene rather than attacking the officer.
“I hope that anybody would be able to see that and see the response and see for themselves that it just is not correct,” Molinari said.
The Blade also spoke with leftist influencer Dave the Viking, who has more than 52,000 followers on TikTok, where he posts anti-fascist and anti-Trump videos.
“We’re out here to make sure that this regime can’t rewrite history in real time, because we all know what we saw … we’re not going to allow them to run with this narrative that they [ICE agents] were stuck in the snow and that that poor woman tried to weaponize her car, because we all saw video footage that proves otherwise,” he told the Blade. “We’re not going to let this regime, the media, or right-wing influencers try to rewrite history in real time and try to convince us we didn’t all see what we know we saw.”
Dave the Viking continued, saying he believes the perceived power of ICE and other law enforcement to act — oftentimes in deadly and unjustifiable ways — is a product of the Trump-Vance administration.
“There’s a line between fascism and anti-fascism. These motherfuckers have been pushing that envelope, trying to label an idea a terrorist organization, to the point of yesterday, crossing that line hardcore. You face the point of looking at history and saying there was this 1989, 2003 America, where we’re just going in, raiding resources. Where is this fucking 1930s Germany, where we’re going in and we’re about to just start clearing shit and pulling knots? Yeah, nope. We proved that shit yesterday.”
Two people were injured in another shooting involving federal agents, this time Border Patrol in Portland, Ore., on Thursday afternoon.
KC Lynch, who lives near American University, also spoke about her choice to protest with a group.
“I came out today because everything that ICE has done is absolutely unacceptable, not only killing this one woman, but also the fact that they’ve been imprisoning people in places that are literally, that have been literally on record by international organizations shown to be human rights violating. It’s unbelievably evil.”
Lynch also echoed Dave’s opinion about parallels between the Trump-Vance administration and the rise of Adolf Hitler in Nazi Germany.
“It’s literally what happened before the Holocaust. We should all be scared. We should all be angry. I’m so angry about it … even talking about it — I’m sorry,” she said before getting choked up.
Lynch emphasized that despite the circumstances in which people were protesting together, the sense of community was strong and powerful.
“I feel like it’s important for people to know that we’re angry, even if no policy changes come out of it, and it’s just nice to yell and be angry about it, because I feel like we’ve probably all been feeling this way, and it’s nice to be around people that are like minded and to like have a sense of community.”
Minnesota
Reports say woman killed by ICE was part of LGBTQ community
Renee Nicole Good shot in Minneapolis on Wednesday
A U.S. Immigration and Customs Enforcement agent shot and killed a woman in Minneapolis as she attempted to drive away from law enforcement during a protest on Wednesday.
The Star Tribune newspaper identified the victim as Renee Nicole Good, 37, a Minneapolis resident who lived blocks from where she was shot in the Central neighborhood, according to reports. Donna Ganger, Good’s mother, told the Star Tribune that her daughter lived in the Twin Cities with her wife.
Multiple videos of the shooting have gone viral on social media, showing various angles of the fatal incident — including footage that shows Good getting into her car and attempting to drive away from law enforcement officers, who had their weapons drawn.
In the videos, ICE agents can be heard telling Good to “get out of the fucking car” as they attempted to arrest her. Good, who press reports say was married to a woman, ended up crashing her car into an electric pole and other vehicles. She was later transported from the scene of the shooting and died at the hospital.
President Donald Trump defended the ICE agent on Truth Social, saying the officer was “viciously” run over — a claim that coincides with Homeland Security Secretary Kristi Noem’s assessment of the situation. Noem, a South Dakota Republican, insisted the officer “fired defensive shots” at Good after she attempted to run over law enforcement agents “in an attempt to kill them — an act of domestic terrorism.”
Multiple state and local officials disputed claims that the shooting was carried out in self-defense at the same time Noem was making those assertions.
An Instagram account that appears to belong to Good describes her as a “poet and writer and wife and mom and shitty guitar strummer from Colorado; experiencing Minneapolis, MN,” accompanied by a rainbow flag emoji.
A video posted to X after the shooting shows a woman, reportedly her wife, sitting on the ground, crying and saying, “They killed my wife. I don’t know what to do.”
“We’ve dreaded this moment since the early stages of this ICE presence in Minneapolis,” Mayor Jacob Frey said during a Wednesday press conference. “Having seen the video myself, I want to tell everybody directly that [the DHS’s claim of self-defense] is bullshit. This was an agent recklessly using power that resulted in somebody dying, getting killed.”
“I have a message for ICE. To ICE, get the fuck out of Minneapolis,” Frey continued. “We do not want you here. Your stated reason for being in this city is to create some kind of safety, and you are doing exactly the opposite. People are being hurt. Families are being ripped apart. Long-term Minneapolis residents that have contributed so greatly to our city, to our culture, to our economy are being terrorized, and now somebody is dead. That’s on you, and it’s also on you to leave.”
Across the Capitol, members of the House and the Senate condemned the actions of the officer.
“There’s no indication she’s a protester, there’s nothing that at least you can see on the video, and therefore nothing that the officers on the ground could see that identify her as someone who’s set out to try to do harm to an ICE officer,” U.S. Sen. Elizabeth Warren (D-Mass.) said Wednesday night on MS NOW’s “The Weeknight.”
“There is no evidence that has been presented to justify this killing,” House Minority Leader Hakeem Jeffries (D-N.Y.) said in a statement on his website. “The masked ICE agent who pulled the trigger should be criminally investigated to the full extent of the law for acting with depraved indifference to human life.”
“ICE just killed someone in Minneapolis,” U.S. Rep. Robert Garcia (D-Calif.) the highest-ranking Democrat on the House Oversight Committee, posted on X. “This administration’s violence against communities across our country is horrific and dangerous. Oversight Democrats are demanding answers on what happened today. We need an investigation immediately.”
In a statement to the Advocate, Human Rights Campaign President Kelley Robinson wrote, “Today, a woman was senselessly killed in Minneapolis during an ICE action — a brutal reminder that this agency and the Trump regime put every community at risk, spreading fear instead of safety. Reports that she may have been part of the LGBTQ+ community underscore how often the most vulnerable pay the highest price.”
National LGBTQ Task Force President Kierra Johnson also responded to Good’s death.
“We recognize and mourn the loss of Renee Nicole Good and extend our condolences to her family, loved ones, and community,” said Johnson in a statement. “This loss of life was preventable and reprehensible, particularly coming at the hands of federal agents.”
National
U.S. in midst of ‘genocidal process against trans people’: study
Attacks rooted in Nazi ideology’s views on gender
Earlier this week, the Lemkin Institute for Genocide Prevention and Human Security issued a haunting warning. Dr. Elisa von Joeden-Forgey, president of the Lemkin Institute, stated that the U.S. is in the “early-to-mid stages of a genocidal process against trans and nonbinary and intersex people.” Dr. Gregory Santon, former president of the International Association of Genocide Scholars, flags “a hardening of categories” surrounding gender in a “totalitarian” way.
Stanton argues that this is rooted in Nazi ideology’s surrounding gender — this same regime that killed many LGBTQIA individuals in the name of a natural “binary.” As Von Joeden-Forgey said, the queer community, alongside other “minority groups, tends to be a kind of canary in the coal mine.”
In his first year in office, Trump and his Cabinet’s anti-trans rhetoric has only intensified, with a report released late September by journalist Ken Klippenstein in which national security officers leaked that the FBI is planning to classify trans people as “extremists.” By classifying trans people as “Nihilistic Violent Extremists,” far-right groups would have more “political (and media) cover,” as Abby Monteil reports for them, for anti-trans violence and legislation.
While the news is terrifying, it’s not unprecedented – the fight against trans rights and classification of trans people as violent extremists was included in Project 2025, and in the past several weeks, far-right leaders’ transphobic campaign has expanded: boycotting Netflix to pressure the platform to remove trans characters, leveraging anti-trans attack ads in the Virginia governor’s race and banning professors from acknowledging that trans people exist. In fact last month, two Republican members of Congress called for the institutionalization of trans people.
It’s a dangerous escalation of transphobic violence that the Human Rights Campaign has classified as an epidemic. According to an Everytown for Gun Safety report published in 2020, the number of trans people murdered in the U.S. almost doubled between 2017 and 2021. According to data released by the Gun Safety report from February 2024, 34 percent of gun homicides of trans, nonbinary, and gender expansive people remain unsolved.
As Tori Cooper, director of Community Engagement for the Transgender Justice Initiative for the Human Rights Campaign Foundation, this violence serves a purpose. “The hate toward transgender and gender expansive community members is fueled by disinformation, rhetoric and ideology that treats our community as political pawns ignoring the fact that we reserve the opportunity to live our lives full without fear of harm or death,” Cooper said.
“The genocidal process,” Von Joeden-Forgey said, “is really about destroying identities, destroying groups through all sorts of means.” And just like the Nazi regime, former genocide researcher Haley Brown said, the Trump administration is fueling conspiracy theories surrounding “cultural Marixsm” — the claim that leftists, feminists, Marxists, and queer people are trying to destroy western civilization. This term, Brown states, was borrowed directly from the Nazi’s conspiracies surrounding “Cultural Bolshevism.”
As Brown explains, historians are just beginning to research the Nazis’ anti-trans violence, but what they are finding reveals a terrifying pattern wherein trans people are stripped of their identification documents, arrested and assaulted, and outright killed.
Before World War II, Germany – especially Berlin – was a hub for transgender communities and culture. In 1919, Dr. Magnus Hirschfield, a Jewish gay sexologist and doctor, founded the Institut für Sexualwissenschaft, the Institute for Sexual Science. The Institute was groundbreaking for offering some of the first modern gender-affirming healthcare, with a trans-affirming clinic and performing some of the first gender-affirming surgeries in the 1930s for trans women Dora Richter and Lili Elbe.
Researchers at the institute coined the term “trassexualism” in 1923, which while outdated now, was the first modern term that Dr. Hirschfield used when working with Berlin police to acquire “transvestite passes” for his patients to help them avoid arrest under public nuisance and decency laws. During the Weimar Republic, trans people could also change their names although their options were limited. In Berlin, queer press flourished after World War I along with a number of clubs welcoming gay, lesbian and trans clientele, including Eldorado, which featured trans performers on stage.
But as Hitler rose to power, trans people were targeted. In 1933, Nazi youth and members of the Sturmabteilung ransacked the institute, stealing and burning books – one of the first book burnings of the Nazi regime. German police stopped recognizing the “transvestite” passes and issuing new ones, and under Paragraph 175, which criminalized sexual relationships with men, trans women (who were misgendered by the police) were arrested and sent to concentration camps.
As the Lemkin Intsitute for Genocide Prevention and Human Security wrote in a statement:
“The Nazis, like other genocidal groups, believed that national strength and existential
power could only be achieved through an imposition of a strict gender binary within the racially pure ‘national community.’ A fundamentalist gender binary was a key feature of Nazi racial politics and genocide.”
History professor Laurie Marhoefer wrote for The Conversation that while trans people were targeted, there was not extensive discussion of them by the regime. But there was evidence of the transphobia behind the regime’s violence, specifically in Hermann Ferdinand Voss’s 1938 book “Ein Beitrag zum Problem des Transvestitismus.”Voss noted that during the Nazi regime, trans people could and were arrested and sent to concentration camps where they underwent forced medical experimentation (including conversion therapy and castration) and died in the gas chambers.
While there is growing recognition that gay, bisexual, and lesbian individuals were targeted during the Holocaust, few know about the trans genocide through which trans individuals were arrested, underwent forced castration and conversion therapy, and were outright killed alongside gay, lesbian, disabled and Jewish individuals in concentration camps. Historians are just beginning to undertake this research, writes Marhoefer, and to delve further into the complex racial hierarchies that affected how trans people were treated.
As Zavier Nunn writes for Past & Present, trans people of “Aryan” racial status and those not considered to be homosexuals were sometimes spared from the worst violence and outright murder. Depending on their skills, they could even be considered for rehabilitation into the Volksgemeinschaft, or Nazi utopian community. As Nunn highlights, trans violence was much more nuanced and individualized and should be explored separately from violence against gay and lesbian individuals during the Holocaust.
Marhoefer’s research of violence against trans women, as recorded in police files (as is the persecution of gay and lesbian individuals), is groundbreaking but rare. He gave a talk at the Museum of Jewish Heritage in 2023, shortly after a 2022 civil lawsuit about denial that trans people were victims of the Holocaust. The German court recognized that trans people were victimized and killed by the Nazi regime, but in the United States, there is still a hesitancy by the wider LGBTQ community and leftist groups to acknowledge that we are living during a time of anti-trans violence, that trans people are being used as political scapegoats in order to distract from real problems of accountability and transparency around government policy.
As anti-trans legislation escalates, it’s important to remember and call out how trans violence is not only a feminist issue, it’s a human rights one as well. While Shannon Fyfe argues that the current campaigns against trans people may not fit the traditional legal definition of a genocide, the destruction and denial of life saving care, access to public spaces, and escalating violence is still immensely devastating.
Kaamya Sharma also notes that the term “genocide” has deep geo-political implications. As she explained, “western organisations are, historically and today, apathetic to the actual lives of people in the Global South, and put moral posturing above Brown and Black lives,” so the choice to use “genocide” is a loaded one. But as the Lemkin Institute for Genocide Prevention and Human Security writes in the same statement: “The ideological constructs of transgender women promoted by gender critical ideologues are particularly genocidal. They share many features in common with other, better known, genocidal ideologies. Transgender women are represented as stealth border crosses who seek to defile the purity of cisgender women, much as Tutsi women were viewed in Hutu Power ideology and Jewish men in Nazi antisemitism.”
Trans people are not extremists, nor are they grooming children or threatening the fabric of American identity – they are human beings for whom (like all of us) gender affirming care is lifesaving. As we remember the trans lives lost decades ago and those lost this year to transphobic violence, knowing this history is the only way to stop its rewriting.
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