National
DOJ ‘reviewing its litigation posture’ on HB2 replacement
Re-examination could be preclude to withdraw of Obama-era lawsuit
The Justice Department under Jeff Sessions (R-Ala.) is reviewing its litigation against HB2. (Washington Blade photo by Michael Key)
A Justice Department spokesperson said Friday the department under U.S. Attorney General Jeff Sessions is reconsidering its position in the aftermath of North Carolina Gov. Roy Cooper signing into law a replacement for HB2.
“DOJ is reviewing its litigation posture in light of the new law,” the spokesperson told the Washington Blade via email, adding in response to a follow-up question he wasn’t sure when a decision would be reached.
Lynch filed the lawsuit against the anti-trans law in May under the Obama administration, highlighting transgender visibility during a news conference in which she told transgender Americans, “We see you.”
The lawsuit alleged HB2, which barred cities from enacting pro-LGBT ordinances and transgender people from using the restroom consistent with their gender identity, contravenes federal law. The Justice Department alleged the law violated Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and the Violence Against Women Reauthorization Act of 2013.
The deal Cooper signed, House Bill 142, replaces HB2 with a measure that LGBT advocates say is a bait-and-switch attempt giving the appearance of repeal while doubling-down on discrimination.
HB 142 prohibits state agencies, municipalities and the University of North Carolina from the “regulation of access” to bathrooms, locker rooms and showers unless they have the legislature’s permission. It also bans municipalities until 2020 from enacting LGBT-inclusive nondiscrimination measures that would apply to private businesses or public accommodations.
A withdraw of the lawsuit against HB2 in the aftermath of the switch would be consistent with Sessions’ actions against transgender rights since his confirmation as U.S. attorney general. In fact, the Justice Department earlier this month nixed its request for a preliminary injunction against HB2 in favor of an existing injunction against the law that was significantly more limited and applied only to plaintiffs in a separate lawsuit.
Sessions along with Education Secretary Betsy DeVos also withdrew guidance to schools across the country instructing them to allow transgender kids to use the restroom consistent with their gender identity. Under Sessions, the Justice Department also missed a deadline to appeal a court injunction against an Obamacare regulation prohibiting discrimination against transgender in health care, including gender reassignment surgery.
Although the Justice Department may be reviewing its position now that HB2 has been replaced, that isn’t stopping LGBT legal groups who also filed a lawsuit against HB2 from continuing with their challenge.
The trio of groups — the ACLU, ACLU of North Carolina, and Lambda Legal — have declared their lawsuit, which includes claims for the damages inflicted by HB2, will continue, and they’ll seek to amend the lawsuit to challenge HB142 as well.
Peter Renn, senior attorney at Lambda Legal, said if the Justice Department review leads to the withdrawal of its lawsuit, the action will “be yet another example of the Trump administration and Jeff Sessions-led DOJ turning their backs on transgender people.”
“Everyone knows that North Carolina did not actually repeal HB2, and instead enacted a law perpetuating many of the same harms, so the need to protect transgender people’s rights in court hasn’t gone away,” Renn added. “Imagine if a state law was passed that required the state and local government to sit on their hands even if faced with overt discrimination based on race, religion, or disability; it’s hard to imagine the federal government would pack up its tent and go home. Lambda Legal and the ACLU will press forward with litigation challenging North Carolina’s latest turn at the wheel of discriminating against LGBT people, who today remain uniquely vulnerable to the harm of exclusion as full and equal members of society.”
National
Queen Jean is Tony’s first transgender winner
Designer/activist wins for work on ‘Cats: The Jellicle Ball’
It was a historic night at the 79th annual Tony Awards on Sunday as Queen Jean won the award for Best Costume Design of a Musical, making her the first out transgender person to win a Tony.
“This experience has been monumental. We are here for the legacy of queer people, trans people,” she said. “We are taking up space in ways we have to take up space. We have to shift the paradigm. So I just want to say, thank you all so much for this incredible honor. The world right now is deeply, deeply combating so many ailments, and we know as a society that when we come together, we can make real, permanent change.”
She won the award for her work on “Cats: The Jellicle Ball” and was also nominated for best costume design of a play for “Liberation.”
In addition to her stage work, Queen Jean is the founder of Black Trans Liberation, an organization that supports trans and gender-nonconforming people in New York City.
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.
National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.
The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing.
It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.
One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.
The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court.
One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.
The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.
President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.
Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.
In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.
The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.
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