Opinions
Breaking binaries and advocating for intersex justice in Southern Africa
Movement embraces intersectionality and affirms people’s multiple identities
A transformative movement is gaining momentum in Southern Africa, a region known for its diverse cultures and traditions. This movement challenges gender norms and advocates for the rights and dignity of intersex individuals. This article explores the vital concepts of breaking binaries and intersex justice in Southern Africa, where cultural nuances and a rapidly developing fierce spirit of activism reshape the landscape of gender diversity and sexuality.
The world is quickly changing, and with it comes an increasing recognition of the importance of diversity and inclusion. In the past, many people have looked at the world in terms of binaries — Black and white, male and female, homosexual and heterosexual. However, this way of thinking is limiting and does not reflect the diversity that exists in our communities. Breaking these binaries and embracing diversity and inclusion is crucial to creating a fair and equitable society by recognizing and protecting all these diversities.
Intersex intersectionality
Intersex justice is a social and human rights movement that advocates for the rights, dignity and well-being of intersex individuals. It is also a political movement making political statements since in the broader context of identity politics and the recognition that vulnerable and marginalized communities have historically been subjected to social, political and legal discrimination. When gender-diverse people dare to express their identities openly (and using the plural term for identity here intentionally because, using the theory of intersectionality, everyone has their own unique identities and experiences), it can be seen as a form of resistance and a statement against the systemic discrimination and oppression they may face.
Intersex people are born with variations in their sex characteristics that do not fit typical definitions of male or female. Intersex people often face stigma, discrimination, medical interventions without informed consent and societal violence. Inclusive binaries and intersex justice are significant issues in Southern Africa, as they intersect with the region’s traditional, cultural, social and legal aspects. In many parts of Southern Africa, intersex persons are often frowned upon, hidden or even believed to be a curse and killed.
As we work on intersex awareness, though annual commemorations such as #IntersexAwarenessDay, there is a solid need to reject stereotypes that lead to discrimination and prejudice. Breaking binaries embraces intersectionality and affirms that people have multiple identities that intersect and interact with one another.
Several Southern African customs have a long-standing relationship with gender and sex, associated with male and female and masculinity and femininity and there is no in-between; males are expected to masculinize, and females are supposed to feminize. The push for inclusive binaries challenges these traditional gender norms and promotes a more inclusive understanding of human diversity.
Gender norms and it has influenced societies
Gender norms have profoundly influenced Southern African societies, shaping cultural, social, and economic dynamics for centuries, and this has also impacted modern gender norms in our communities. Gender norms can be defined “as social principles that govern the behavior of girls, boys, women and men in society and restrict their gender identity into what is considered to be appropriate,” a definition also very limiting and binary based with little consideration and acknowledgement of the diverse gender spectrum.
Gender norms, a social construct, were often prescribed specific roles and responsibilities for men and women, and we have been inaccurately taught in history, moral education and social studies lessons in schools that in the past, men were traditionally seen as hunters, warriors and providers, while women were responsible for domestic tasks, childcare and subsistence farming.
These roles have reinforced gender-based inequalities in access to resources and economic opportunities that we experience today in a somewhat progressive modern society. Gender norms typically grant more decision-making power to men, and they often hold leadership positions within the community. This practice continues as men’s voices are prioritized in governance and social development matters, which has resulted in the exclusion of women from participating in important decisions that affect their lives and communities, and this is even worse for gender-diverse persons and they do not satisfy the bias “male” and “female” category.
The unequal power dynamics enforced by society’s gender norms have contributed to higher levels of gender-based violence. Domestic violence and harmful practices such as child marriage and female genital mutilation have persisted in some Southern African communities due to these norms. Intersex persons have not been spared from genital mutilation as some have undergone “gender reappropriation” surgeries as infants. There is a growing push in advocacy and legislative reform to protect intersex minors from unconsented gender surgeries as this is a choice that should be for them to make. The influence of gender norms has further influenced healthcare service delivery as sexual and reproductive health and rights development have been limited and not inclusive and accessible for intersex persons. This limitation has resulted in a lack of bodily autonomy for intersex people. Being gender-diverse has many excluded intersex people from essential fundamental health services such as family planning and mental well-being.
Another aspect influenced by gender norms is inheritance rights. Many African societies are built in a cisgender patriarchal system, and because of this, inheritance and property rights have been structured in a way that favored male heirs. This has often left women and girls without access to land and resources, making them economically vulnerable and dependent on male relatives.
The result of not conforming and fitting into mainstream male or female gender identity often left intersex persons excluded, facing stigma, discrimination and prejudice from various packets of society. Efforts are being made to raise awareness about intersex issues, promote inclusivity, challenge discrimination and prevent the invisibilization of intersex voices and identities. Intersex justice organizers work to ensure intersex individuals are recognized, respected and provided with the support and care they need while fighting against harmful practices and discrimination.
Efforts and promoting intersex rights and justice in Southern Africa
Promoting intersex rights and justice in Southern Africa has become an increasingly important focus for advocacy and human rights organizations in recent years.
Human rights organizations, such as the Southern Africa Litigation Center, are actively involved in legal advocacy for gender-diverse individuals and work to challenge discriminatory laws and practices, and supporting strategic litigation that promotes the rights of gender minority and gender-diverse people in Botswana, Eswatini, Lesotho and Zimbabwe.
Regional organizations such as Iranti and Gender DynamiX advocate and provide training and educational resources to healthcare professionals, religious and cultural leaders, policymakers, and the public. These advocacy initiatives aim to enhance understanding and sensitivity regarding intersex issues and collaborate with other human rights organizations to foster a more inclusive and accepting society.
Legal and policy developments on intersex rights in Southern Africa
Legal and policy developments related to intersex rights in Southern Africa have gained momentum in recent years, reflecting a growing recognition of the need to protect the rights of intersex individuals. Additionally, the Protocol to the African Charter on the Rights of Women, a progressive human rights instrument, requires state parties to take specific measures to end violence against women regardless of their sexual orientation or gender identity. Furthermore, the Protocol calls for the ending of genital mutilation and the promotion of bodily autonomy and reproductive health choices of women, including intersex women.
In South Africa, the Promotion of Equality and Prevention of Unfair Discrimination Act as amended in 2005 interprets the definition of “sex” to include intersex persons; therefore, intersex persons are protected from unfair discrimination, harassment and hate speech and promote equality for intersex persons.
In 2014, the African Commission on Human and Peoples’ Rights adopted Resolution 275, which protects against violence and other human rights violations against persons based on their actual or imputed sexual orientation and gender identity. Resolution 275 expresses grave concern about increasing violence and other human rights violations, including murder, rape and assault experienced by sexual and gender minorities. It calls upon states to stop such violence and take appropriate measures to ensure adequate remedies for victims.
Botswana made significant progress in 2017 by recognizing the rights of transgender and intersex individuals to change their legal gender markers on official documents. This ruling by the court was a crucial step towards recognizing the diversity of gender identities and would pave the way for the protection of gender-diverse persons. In many Southern African countries, such as Eswatini, Lesotho and Namibia, intersex persons can legally change their name and sex on birth certificates to suit their preferred gender identity per the national registration acts.
In 2022, the Zimbabwean government adopted two recommendations at the country’s Universal Periodic Review at the Human Rights Council on gender minorities, which were to protect intersex minors from unconsented operations surgeries and violations of bodily integrity and to strengthen efforts to address violence against women, children and all persons based on their sexual orientation and gender identity. Intersex advocacy groups in Zimbabwe have been working to raise awareness and challenge harmful practices. Following the adopted recommendations, there is an expectation to see an increase in dialogue between the government and human rights organizations on protecting intersex people’s rights.
In March this year, the African Commission on Human and Peoples’ Rights adopted Resolution 552, which seeks to promote and protect intersex rights on the African continent. Resolution 552 comes with clear recommendations for states to create administrative and legislative measures to protect intersex persons from violent harassment at home, school, the workplace and in the broader society. It calls on member states to ensure that members of their judiciary, immigration officials, law enforcement officers, healthcare and education practitioners, as well as traditional and religious communities, are sensitized to protect, respect and treat intersex people equally without discrimination or prejudice. It further calls for the recognition and protection of intersex movements and human rights defenders to organize without any threats and that perpetrators are tried and persecuted.
Intersex liberation is our liberation too
The fight for the recognition, protection, and inclusion of intersex people is an ongoing and essential human rights struggle. And while there has been progress, challenges still exist for intersex rights. It is necessary to continue advocating for the full recognition and freedoms of all intersex people, to protect their bodily autonomy and to ensure that they can live their lives with dignity and without discrimination.
Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and a social justice activist.
This article is part of advocacy efforts on recommendations to the government of Botswana’s Universal Review of Botswana at the 43rd Human Rights Council. A joint submission Stakeholder Report was submitted by Banana Club,Black Queer DocX, Botswana Trans Initiative, Life|Loss|Love, Mmammati Human Rights Hub, Iranti, the Southern Africa Litigation Center and the Sexual Rights Initiative.
Opinions
D.C. queer faith leaders commit to exist, resist, persist
Pride Interfaith Service features remembrances, celebration
Last month, Center Faith hosted the 43rd annual Pride Interfaith Service titled “In Faith We Exist. Resist. Persist!” at St. Mark’s Episcopal Church in Washington, D.C. Amid torrential downpours, queer leaders and people of faith from Muslim, Catholic, Episcopalisn, Unitarian Universalist, Jewish, Pagan, and many other communities gathered in a church immediately behind the John Adams building.
In the two-hour service, leaders spoke about the power of faith in the fight for LGBTQ rights and against Chrisitan nationalism, all while honoring three lifelong leaders in the D.C. LGBTQ interfaith community.
The service began with Rev. Michelle Morgan welcoming everyone to St. Mark’s Episocal Church, followed by greetings from Robert Sanchez, representing The DC LGBTQ+ Community Center, Japer Bowles, representing the D.C. Mayor’s Office of LGBTQ Affairs, and Danielle Goldstone, representing the Interfaith Council of Metro Washington.
Rev. Ebony Peace, a Unitarian Universalist community minister and one of the service organizers, welcomed everyone with a blessing:
“Today in this interfaith worship service, we celebrate our existence. We honor those past and present who resist oppression. We acknowledge today that the fight for freedom and dignity is not over. We will be here. We will not be silent, and we will not back down.”
Representatives from diverse faith traditions followed by creating and blessing the space with a libation ritual by Rev. Elder Dr. Akosua McCray from Unity Fellowship Church of Washington, DC, a recognition and grounding in the elements by David Dashifen Kees from The Firefly House, along with readings from Aura Kaiser (DC Queer Muslims), Daisaku Leslie (Sokka Gakkai International), and Jonah Richmond and Rachel Dubin from Jewish temples throughout the Washington, DC area.
Rev. Cathy Alexander and her partner Dr. Carla Sherrell shared an offering on love, an interpretation of 1 Corinthians 13 and a contemporary meditation by Rev. Tess Baumberger on behalf of the Metropolitan Community Church in DC, followed by words of joy by Rev. Thomas Wieczorek from the National Catholic Church and silent meditation led by Joe Izzo from the Friends Meeting of Washington.
After songs and responsorial affirmations, Bishop Mariann Budde, who is perhaps best known for delivering the homily at the January 2025 interfaith prayer service immediately following Donald Trump’s second presidential inauguration, spoke at the service. In her gentle but determined voice that reverberated throughout the space, she asserted that “I’m here tonight to affirm the unshakable goodness of each person here and of every person, and to say without equivocation that what needs to be resisted by each and everyone one of us is anything that would negate that goodness, that would cause any of us to feel less than worthy of love and belonging.”
She was followed by a beautiful call and response song led by Cantor Ze’evi Tovlev from Temple Shalom titled “The Birds Don’t Know.” As Cantor Tovlev sang the words “I will sing a song of mourning, I will transform and let go,” this service shifted to recognizing–as it had when Elder Akosua McCray led the libation ritual, all the queer and trans elders who have gone before us, including one of the honorees this evening: SaVanna Wanzer who passed away in April of this year.
SaVanna Wanzer was one of the original founders of DC Trans Pride and DC Black Trans Pride. As one of the first leaders creating transgender programming at DC Black Pride, she fought to represent and celebrate her lived experiences, and as a Black trans woman living with HIV, she regularly volunteered for DC’s Whiteman-Walker Health clinic and became the first recipient of its Robert Fenner Urquhart Award recognizing her service. What many people do not know is that Wanzer was an active member and ordained Deacon at Westminster Presbyterian Church, which hosted the first Transpride event in Washington, DC.
At this year’s service, she was honored by Rev. Danielle Dufoe, a Presbyterian minister who is the first Black trans woman to complete both divinity and seminary school, who called the fierce advocate and friend both “mother” and “champion.”
“We need folks like SaVanna, and we need folks like Jesus,” Dufoe said, “who says no man takes my life but I lay it down for the sake of salvation. And SaVanna is saying no man took my life. I laid it down for beloved community.”
Following a remembering of Wanzer’s life, Rev. Dr. Wallace Charles Smith recognized Bishop Cheeks, affectionately known as “Rainey,” is a native Washingtonian who founded Inner Light Ministries in Washington, DC in 1993. Before his time as an ordained minister, he was the lead coordinator for the famous DC “Clubhouse,” where the LGBTQ+ community found both social and spiritual refuge in a space that was totally drug and alcohol free. Continuing the spirit of the “Clubhouse,” he founded Us Helping Us, an organization supporting African Americans who live with HIV/AIDS that fought shame and stigma inside and outside of the LGBTQ+ community.
“Through his ministry and public witness, countless individuals found the courage to live authentically and to claim both their faith and their identity. Tonight, as we affirm that in faith, we exist, resist, and persist, we celebrate a man who has done exactly that. He has existed unapologetically. He has resisted exclusion, stigma, and injustice. He has persisted through epidemics, discrimination, silence, and struggle,” Smith said.
“And through it all, he has continued to remind us of his enduring spiritual affirmation. I see the God in you,” Rev. Smith’s voice thundered as he turned to face his mentor and friend.
Finally, Rev. McCray, a Black lesbian founding pastor of Unity Fellowship Church of Washington, DC, recognized Michael Vanzant. Vanzant served as co-pastor of Faith Temple in Washington, which has described itself as the nation’s first explicitly Black, gay Christian congregation. Vanzant took over the reins after its founder–Dr. James S. Tinney–died in 1988 of AIDS. Although he stepped away from his role as co-pastor several years after succeeding Tinney, he assumed a pastoral role again in the early 2000s and has continued fighting for LGBTQ+ inclusion in Christian and interfaith spaces ever since, serving on the organizing committee for the Pride Interfaith Service.
McCray shared that “the power that he gave to people to preach, to sing, he gave them rope to pull people at the other end toward them.”
The two living honorees — Cheeks and Vanzant — were presented with certificates expressing the community’s gratitude.
A small celebration with food was held in the parish hall after the conclusion of the service that many described as “profound and moving.” Although fewer people than normal attended the service–approximately 60 people in total, it was an important moment for many queer and trans people who are navigating their relationship with faith, especially as far right actors use religion and religious liberty to justify their anti-LGBTQ+ policies.
Amid the rise of Christian nationalism asserting a heternormative, trans-exclusionary politic, faith leaders affirmed the power of queer and trans people to claim and become empowered by faith.
Emma Cieslik is a D.C.-based museum worker and public historian.
Opinions
Democratic Socialists of America are not automatically Democrats
There’s some overlap but also major policy differences
I recognize people come to their opinion of the Democratic Socialists of America Party, a party different from the Democratic Party, usually based on their own backgrounds.
I am a progressive Democrat. A first generation American; gay, and Jewish. My parents were refugees from Hitler, my mother from Austria, my father from Germany. My father’s parents were killed in Auschwitz. I have spent a lifetime working for civil rights, women’s rights, disability rights, and since I came out at the age of 34, LGBTQ rights. I was a union member when I taught school in Harlem. I worked for one of the most progressive members of Congress, Bella S. Abzug (D-N.Y.). Bella understood how to move forward the progressive issues she worked on. She won the right for women to get their own credit cards, without their husband’s signature. She is responsible for the curb cuts we see on every corner. She was the first to break the highway trust fund for mass transit. She fought against the Vietnam War, and to impeach Nixon. She introduced the first Equality Act for the LGBTQ community. She was named a whip by Tip O’Neill in her third term in Congress, not because she gave up her fight for progressive causes, but rather because she could get things done. She understood what compromise meant, and used it to move forward the progressive issues she fought for.
So, people must understand, members of the Democratic Socialists of America (DSA), are their own party, they are not automatically part of the Democratic Party. They have their own platform, different from the Democratic Party platform in many ways. Yes, the two overlap in many areas. But the differences are clear.
DSA was founded in 1982 from a merger of the Democratic Socialist Organizing Committee (DSOC), and the New American Movement (NAM). The merger was seen as a symbolic healing of the rift between the Old Left, represented by DSOC’s social democrats and trade unionists, and the New Left, represented by NAM’s activists who emerged from the social movements of the 1960s. Initially led by Michael Harrington, the DSA continued DSOC’s strategy of “realignment” by working within the Democratic Party to push it to the left, functioning as a small advocacy group for its first three decades. After the 2016 presidential campaign of Sen. Bernie Sanders, a self-identified democratic socialist, and independent, never a Democrat, and the election of Donald Trump, the organization’s membership swelled from about 6,000 members in 2015 to 100,000 in 2026. This growth gave DSA a much younger and more activist base, which shifted its strategy toward one centered on building an independent political force. DSA’s platform calls for reforms such as a Green New Deal, single-payer healthcare, and tuition-free higher education, with a long-term aim of social ownership and democratic control of the American economy. They support defunding the police. DSA’s foreign policy is non-interventionist, strongly supporting spending cuts and footprint reductions to the U.S. military while also supporting pro-Palestinian and anti-Zionist causes. That includes the abolishment of the State of Israel from the ‘river to the sea.’
As a progressive Democrat, I support universal healthcare, and have since Hillary Clinton introduced it to Congress when she was first lady in 1993. I support expanding Medicare, ensuring the solvency of the Social Security System, and making housing, childcare, and education, affordable for everyone. As a Democrat all my life, I supported Democrats who believe in the same things.
This may enrage many, but in my opinion one of the biggest mistakes the Democratic Party made was allowing independent, Democratic Socialist Bernie Sanders, to run in their presidential primary in 2016. When they did, they shared their voter lists, and enabled Sanders to get a foothold in the party without actually being a Democrat. He ended up screwing Hillary Clinton’s chances to be president. He attacked her throughout the entire primary, and even after she secured the nomination, he kept attacking, and wouldn’t endorse her for 30 days. When he finally did, he traveled the country, in essence pretending he was campaigning for her, when in actuality he was building his own brand, and writing his book. So yes, the independent, Democratic Socialist, Bernie Sanders, who has accomplished nothing in a 40-year congressional career, carries a lot of responsibility for helping to elect Donald Trump.
Today we have Mamdani, mayor of New York, who proudly calls himself a Democratic Socialist of America. He is a charismatic leader, and helped a number of Democratic Socialist candidates in New York win their primaries. One who he endorsed for the state Senate in Queens, is Democratic Socialist Aber Kawas. She is the one who said the United States brought the 9/11 terror attacks on itself, believing we asked for and are responsible for the nearly 3,000 people killed.
I have been, and will be, attacked, for saying the DSA platform is anti-Semitic for calling for the total abolishment of the State of Israel. For asking why there is nowhere in the DSA platform a condemnation of Hezbollah or Hamas, for their platforms calling for genocide against Jews in the State of Israel, while they are comfortable calling Israeli killings in Gaza genocide. While I may debate the term, I agree what Israel is doing is horrendous. Netanyahu and his government are committing war crimes, and belong in jail. But then so are Hamas, and Hezbollah committing war crimes.
The way to stop all this is to rid the world of Netanyahu and his government, and the terrorist groups Hamas and Hezbollah. I believe the United States should stop funding Israel’s offensive weapons, while we still ensure they have an adequate defense. Iran and others need to stop funding the two terrorist groups. We need to separate people’s views of the Jewish people, from the Netanyahu government, in the same way we need to separate views of the Palestinian people from Hamas, and the Lebanese people from Hezbollah. That is the only way we will ever have peace and a Palestinian state. If we ever get there, we must ensure the billions of dollars needed to make it self-supporting. But to get to that state, the Palestinian people must also have the support of the world, including the states surrounding Israel, that have never given support to the Palestinian people. I don’t have an answer to all of this, and clearly no one else does at the moment. I believe the last time there could have been a Palestinian state, with Israel agreeing to it, was back during the Camp David accords.
But whatever happens in the Middle East, if we want people in the United States to succeed, if we want to make sure the poor and the middle class can do more than just exist, if we want to provide affordable, decent healthcare, housing, job opportunities, and childcare, etc., the Democratic Party must not think redefining themselves as the Democratic Socialists of America, and all the baggage they bring with them, is the way to go.
While DSA candidates will succeed in a few big cities, this is not where the vast majority of voters in the nation are. If there is a positive Democratic Party platform, and we allow candidates in each district to run on the particular issues they feel can win for them, we can move the vast majority of the nation to more progressive positions, and to younger Democrats. That is the direction the Democratic Party must move in if we are to take back Congress in the midterms, and then the presidency in 2028.
There are a host of candidates around the country who are running, and winning, in Democratic primaries, as Democrats, not as members of the DSA Party. In not one of the districts we need to flip to take back Congress, is being a member of the Democratic Socialists of America a positive thing.
To begin the process of taking back our country, let’s all support Democrats across the board, up and down the ballot. If we do, we win!
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
Actually, I’m gay and I’m queer. It matters
Matthew Vines in New York Times argues ‘queer’ identity prompting anti-LGBTQ backlash
Yesterday, on the last day of Pride month, the New York Times published an opinion piece by Matthew Vines where he argued that the push to identify as “queer” is a contributing factor to modern backlash to LGBTQ+ rights. In the piece, he argues that “being gay is not a rebellion against ordinary life.” As a queer public historian, I disagree — being LGBTQ+ is a revolutionary act because American society was and continues to be built on heternormative, cisgendered standards. We need only look at yesterday’s Supreme Court decision upholding bans on trans athletes to realize that LGBTQ+ rights are still greatly under attack.
Vines and other white cis gay men and women who refuse to use the term “queer” or understand their bodies, identities, and relationships as political fail to recognize what secured their rights protecting them against discrimination and to marry the people they love.
Remember your ancestors
The Stonewall riots, largely considered the birth of the modern LGBTQ+ movement, was a reaction against a police raid that began in June 1969. It was groundbreaking pushback against systemic police brutality and state-sanctioned incarceration of and violence against LGBTQ+ people, and by and large, these riots — which mobilized the larger LGBTQ+ community — is the reason that lesbian, gay, and bisexual people have the right to marry the people they love.
It is because of Black queer and trans people — people who recognized that queerness is a political act as much as it is an identity — that Vines’s rights were secured in the first place. Denying the identity of “queer” not only perpetuates the very stigma surrounding this word but that which surrounds queer and trans people as a whole, and it denies the rich legacy of our queer and trans ancestors who fought for the rights we have today. When queer and trans people reclaimed the word “queer,” previously a slur against us, it was a call to resist the very gender and sexual assimilation that made the weaponized the slur itself.
Because at its very core, the United States remains a nation that enforces and exalts a heterosexual, cisgender majority. To be queer, to resist and reject standards that normalizes and essentialize gender and sexuality, is a countercultural act, whether or not people like Vines are ready to acknowledge it. Historically, there has been a contingent of the LGBTQ+ community, largely those with the most privilege, who have historically and presently attempted to sanitize the community’s image and its events — to exclude trans people, kink and BDSM, and drag — on the grounds that they infringe on a family-style event and “give the community a bad name.”
Freaks Are family
Back in 2000 the Millennium March on Washington pushed for gay and lesbian assimilation, arguing that they — we — are like everyone else. Vines appears to copy and paste this language into the piece he published yesterday. But in response, the “Freaks Are Family Contingent,” a group organized by the DC Radical Fairies and Bi Insurgence, marched as an alternative to the main group. This group, which purposefully included witches, trans people, people practicing kink, and people who are poly, called out assimilation as perpetuating the same marginalization that gay and lesbian people faced 50 years ago. To this day, “Freaks Are Family” remains a rallying cry for radical inclusion and resisting assimilation in Washington, D.C., and beyond. One of my dear friends — Rev. Eric Eldritch, a long-time Radical Faerie and community leader in Washington, D.C. — was part of this groundbreaking movement.
Maybe Vines has a point. There are members of the LGBTQ+ community that remain settled and complacent in their privilege and refuse to recognize the fragility of their and others’ civil liberties. As historians and political scholars have argued, attacks on trans people’s rights will likely proceed threats against same-sex marriage, which itself was secured just over 10 years ago.
Risking his and our rights
On the 10th anniversary of Obergefell v. Hodges, Oklahoma senator Dusty Deevers said that gay marriage is not law because “there is just no right ot gay marriage in the constitution.” Deevers made this comment during a conversation with Tony Perkins, president of the Family Research Council, who believes that the Bible justifies Christians killing gay people. The news was first flagged yesterday by Right Wing Watch, a watchdog group for far-right action, and further by LGBTQ Nation voicing concern for his inflammatory statements about drag queens and LGBTQ+ books in elementary and middle schools.
Deevers clarified that “Obergefell isn’t settled law. It’s besetting immorality imposed by judicial decree, and court opinions can be referred to as ‘settled law’ only if they are rooted firmly in the Constitution and the heritage and the tradition of the American people.” This is pointedly incorrect, but it is an argument that is increasingly being used by far-right leaders to argue that precedent-setting decisions are not set in stone.
What largely kicked off this moment was the Supreme Court overturning Roe v. Wade in June 2022. The pivotal ruling handed down in 1973 ensured federal access to reproductive justice, and yet nearly 50 years later, it was overturned and followed by a number of states instituting their own laws banning abortion, even in situations of life and death. People have died not only because of these bans but because of medical professionals’ hesitancy to provide vital, lifesaving care for fear of losing their medical licenses or being sued.
Thus, it made sense to many LGBTQ+ activists in 2022, that same-sex marriage legal protections, especially those from the landmark 2015 Supreme Court Case Obergefell v. Hodges would be the next to fall.
Right after the U.S. overturned Roe v. Wade in 2022, Justice Clarence Thomas released an opinion stating that the court should also reconsider the decisions in other landmark cases, such as Griswold v. Connecticut, Lawrence v. Texas, and Obergefell v. Hodges. These rulings protect access to contraception, LGBTQ+ relationships and marriage. And like Deevers’s call today, Lawrence also argued three years ago that the Due Process Clause in the Constitution does not secure any of these rights. Calls to overturn Obergefell v. Hodges is rising day by day, and distancing himself from queer people and the wider movement will not protect him.
In truth, Vines’s opinion piece reveals that he is pointedly not “queer,” but as many queer people have called out in the last 24 hours, that is not a good thing. When he and others fail to be not only support but participate in the revolutionary movement to liberate all LGBTQ+ people, to stand and fight in solidarity with trans, nonbinary and intersex people who are repeatedly targeted by the government, stripped of their identification documents and access to public spaces, and killed for who they are, they are part of the problem.
They become the very marginalizers that 50 years ago targeted people like them — the white cis gay men and women — who lost their jobs and their lives for who they loved. Truly Vines is not “queer,” but in doing so, he not only compromises the strength of the very community that secured his present rights to live and love authentically but the rights to do so in the future.
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