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The latest Supreme Court case erasing LGBTQ identity

Chiles v. Salazar a major setback for movement

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(Washington Blade photo by Michael Key)

In its recent decision in Chiles v. Salazar, the U.S. Supreme Court invalidated Colorado’s law prohibiting licensed counselors from engaging in efforts to change the sexual orientation or gender identity of minors. The decision, which puts into question similar laws in 22 other states, relied on the First Amendment to hold that the law violates counselors’ free speech rights. But the decision also strikes a blow against LGBTQ dignity, a point the court’s opinion does not even address.  

The eight-member majority, which included Justices Elena Kagan and Sonia Sotomayor, who usually side with LGBTQ groups, justified its reasoning by suggesting that the law was one-sided: it permitted treatment that affirms LGBTQ identity but forbade treatment that seeks to change it. But the law is one-sided, as Justice Ketanji Brown Jackson’s lone dissent pointed out, because the medical evidence only supports one side: reams of research show that “survivors of conversion therapy continue to suffer from PTSD, anxiety, and suicidal ideation.” And major medical associations all agree, no evidence demonstrates the efficacy of conversion efforts. This isn’t surprising. Medicine often take sides — some treatments work, and some don’t.

But particularly concerning is the vision of LGBTQ identity that undergirds the majority opinion when compared to the dissent. Justice Jackson’s dissent explains that LGBTQ identity is simply “a part of the normal spectrum of human diversity” — not something to be “cured.” By contrast, for the majority, how best to help LGBTQ minors is “a subject of fierce public debate.” That can hardly be the case if LGBTQ identity stands on equal ground with straight, cisgender identity, or if LGBTQ people are as deserving of safety, rights, and dignity.

Indeed, the LGBTQ rights movement only began in earnest when advocates in the 1960s decided to end the “debate” over gay identity. Until then, community leaders would routinely cooperate with psychiatrists who were interested in researching homosexuality as a medical condition. A new generation of activists, led by Frank Kameny, a key movement founder, began arguing that this got the issue upside down: Rather than wondering if they could be “cured,” LGBTQ people had to assert a right to their identity. As Kameny put it—“we have been defined into sickness.” Only once the case was made that it was society that had to change, and not LGBTQ people, could LGBTQ consciousness, LGBTQ pride and LGBTQ rights develop. Their activism led to the first Pride parade in New York, and the official declassification of homosexuality as a disease in 1973. 

The Supreme Court’s conservatives don’t just want to reignite this half-century old medical “debate”; they also treat medical claims that undermine LGBTQ identity very differently from those who support it. Last year, in an opinion backingTennessee’s law that banned gender affirming care for minors, the court sympathetically marched through the reasons Tennessee offered for “why States may rightly be skeptical” of such care, and cited three times, in some detail, to “health authorities in a number of European countries” (that is, some Nordic countries and the UK) that had curbed pediatric care. It failed to mention that most of Western Europe and every major American medical association provides access to this care.

In Chiles, by contrast, the court cites none of the evidence that Colorado amassed that conversion therapy harms LGBTQ children. None of the countries that the court had invoked to justify anti-trans policies allow conversion therapy in their health care systems (indeed, one of them criminalizes such practices). So rather than cite medical evidence, the court simply asked — why trust medical evidence at all? “What if,” asks the court, “reflexive deference to currently prevailing professional views [does] not always end well?” and cites an infamous 1927 Supreme Court case, Buck v. Bell.

In Buck, the Supreme Court embraced eugenic reasoning, backing a eugenic state law that allowed the sterilization of individuals with mental disabilities, on the grounds that such disabilities were hereditary. As Justice Oliver Wendell Holmes opined, “three generations of imbeciles are enough.” Look at what happens when we listen to medical expertise, today’s court seems to say, as an excuse to disregard the LGBTQ-affirming medical evidence they don’t like.

But the court has missed the key lesson of Buck. The law at issue in Buckdiscriminated against a certain group, seeking, through sterilization measures, to erase it from existence. Indeed, LGBTQ people (whom doctors of the day would have referred to as sexual “inverts”) were exactly the kind of people that the eugenic program of Bucksought to eliminate. Conversion therapy seeks similar erasure.

The lesson of the 1960s LGBTQ rights movement remains as relevant today as it was then. Without an unapologetic LGBTQ identity, LGBTQ Pride, LGBTQ rights and the LGBTQ movement itself can all founder. By supporting only the anti-LGBTQ side in this medical saga — and by suggesting that LGBTQ existence is subject to medical debate at all — the court is reaffirming, rather than repudiating, minority erasure.


Craig Konnoth is a professor of law at University of Virginia School of Law.

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Calendar

Calendar: April 17-23

LGBTQ events in the days to come

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Friday, April 17

Center Aging Monthly Luncheon With Yoga will be at 12 p.m. at the DC Center for the LGBT Community. Email Mac at [email protected] if you require ASL interpreter assistance, have any dietary restrictions, or questions about this event.

Go Gay DC will host “LGBTQ+ Social in the City” at 7 p.m. at Hotel Zena. This is a chance to relax, make new friends, and enjoy happy hour specials at this classic retro venue. Attendance is free and more details are available on Eventbrite

Trans and Genderqueer Game Night will be at 7:00p.m. at the DC Center for the LGBT Community. This is a relaxing, laid-back evening of games and fun. All are welcome and there’ll be card and board games on hand. Feel free to bring your own games to share. For more details, visit the DC Center’s website

Saturday, April 18

Go Gay DC will host “LGBTQ+ Community Brunch” at 11 a.m. at Freddie’s Beach Bar & Restaurant. This fun weekly event brings the DMV area LGBTQ+ community, including allies, together for delicious food and conversation.  Attendance is free and more details are available on Eventbrite.

The DC Center for the LGBT Community will host “Sunday Supper on Saturday” at 2 p.m. It’s more than just an event; it’s an opportunity to step away from the busyness of life and invest in something meaningful, and enjoy delicious food, genuine laughter, and conversations that spark connection and inspiration. For more details, visit the Center’s website.

Sunday, April 19

Go Gay DC will host “LGBTQ+ Community Lunch” at 11 a.m. at Federico Ristorante Italiano. This fun weekly event brings the DMV area LGBTQ+ community, including allies, together for delicious food and conversation.  Attendance is free and more details are available on Eventbrite.

Monday, April 20

“Center Aging: Monday Coffee Klatch” will be at 10 a.m. on Zoom. This is a social hour for older LGBTQ+ adults. Guests are encouraged to bring a beverage of choice. For more information, contact Adam ([email protected]).

Tuesday, April 21

Center Bi+ Roundtable will be at 7 p.m. on Zoom. This is an opportunity for people to gather in order to discuss issues related to bisexuality or as Bi individuals in a private setting.Visit Facebook or Meetup for more information.

Senior Self Defense Class with Avi Rome will be at 12:30 p.m. This inclusive and beginner-friendly class, led by Instructor Avi Rome, offers a light warm-up, stretching, and instruction in basic techniques, patterns, and striking padded targets. Each session is designed to be adaptable for all ability and mobility levels, creating a welcoming space for everyone to build strength, confidence, and community through martial arts. For more details, visit the DC Center’s website

Wednesday, April 22

Job Club will be at 6 p.m. on Zoom upon request. This is a weekly job support program to help job entrants and seekers, including the long-term unemployed, improve self-confidence, motivation, resilience and productivity for effective job searches and networking — allowing participants to move away from being merely “applicants” toward being “candidates.” For more information, email [email protected] or visit thedccenter.org/careers.

Asexual and Aromantic Group will meet at 7 p.m. on Zoom. This is a space where people who are questioning this aspect of their identity or those who identify as asexual and/or aromantic can come together, share stories and experiences, and discuss various topics. For more details, email [email protected]

Thursday, April 23

The DC Center’s Fresh Produce Program will be held all day at the DC Center for the LGBT Community. People will be informed on Wednesday at 5:00 pm if they are picked to receive a produce box. No proof of residency or income is required. For more information, email [email protected] or call 202-682-2245. 

Virtual Yoga Class will be at 7 p.m. on Zoom. This free weekly class is a combination of yoga, breath work and meditation that allows LGBTQ+ community members to continue their healing journey with somatic and mindfulness practices. For more details, visit the DC Center’s website.  

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Out & About

Team DC’s annual gala set for this weekend

LGBTQ sports organization to hold annual ‘Night of Champions’

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(Washington Blade photo by Michael Key)

Team DC will host “Night of Champions Gala” on Saturday, April 18 at 6 p.m. at the Georgetown Marriott.

This will be an evening of celebration and inspiration as Team DC honors remarkable individuals and supports the next generation of LGBTQ student-athletes.

There will be opportunities to support Team DC through auctions. The Silent Auction items will offer an array of unique goods and experiences. Additionally, Team DC will feature an exclusive selection of live auction items for those looking to make a significant impact.

This year, Team DC will recognize six outstanding awardees who have made significant contributions to the LGBTQ community and sports:

  • Trailblazer Award – Adam Peck, District Wrestling
  • Most Valuable Person Award – Sean Bartel (posthumously)
  • Champion Award – Dan Martin
  • Clark Ray Horizon Award – Manuel Montelongo, aka Mari Con Carne
  • Bernard Jude Delia Award – Dr. Sara Varghai
  • Platinum All Star Award – Centaur Motorcycle Club

To purchase tickets, visit Team DC’s website

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