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State legislatures wrap, leaving terror in their wake

‘It’s hard to not be alarmed about the direction that this is all heading’

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Florida State Capitol (Washington Blade photo by Yariel Valdés González)

Conservative state legislatures from Florida to Idaho, have finished or will soon finish their business, leaving transgender Americans and their loved ones reeling from the onslaught of attacks against them.

Between 400 and 600 bills were introduced since January that target LGBTQ folks, disproportionately transgender kids – a figure that has often been cited by LGBTQ groups and elected Democrats.

What is often lost in this accounting, however, is how harmful the legislation is (or will be, in the case of so many bills that have yet to take effect), because for those who are directly targeted by the ceaseless legislative and rhetorical attacks, they are hardly an abstraction.

On Monday, Oklahoma became the 16th state to ban guideline-directed best practices healthcare interventions for the treatment of gender dysphoria in minors and the fourth state to make it a felony for providers to administer that care to their patients.

Then, on Tuesday, Montana became the 17th state, having just evicted duly elected state Rep. Zooey Zephyr from the chamber because, in her words, “I dared to give voice to the values and needs of transgender people like myself.”

In March, Kentucky passed what was then deemed “the worst anti-trans bill in the nation,” a healthcare ban augmented by language pulled from Florida’s so-called “Don’t Say Gay” law, which criminalizes discussion of sexual orientation or gender identity in schools.

The following month, just across the border, the torch was passed to Missouri, whose Republican Attorney General Andrew Bailey issued an emergency rule prohibiting gender affirming care for youth as well as adults and then published a form allowing citizens to formally record complaints about “a gender transition” they have “experienced or observed.”

Powerful conservative Christian advocacy groups like the Alliance Defending Freedom have lobbied for anti-LGBTQ bills and defended them from legal challenges. The organization has backed anti-trans measures from restrictions on access to gender affirming care to “Don’t Say Gay” laws.

For trans people, the prospect of having to flee their home states “doesn’t feel theoretical anymore,” Ari Drennen, LGBTQ program director for Media Matters for America, told the Washington Blade.

“The thing is,” she said, “I feel like we got there a while ago, and I just kind of adjusted, and now it’s like this weird world where I have multiple adult friends who are leaving multiple states for their own safety.”

“It’s hard to keep perspective of just how bad it’s gotten and just how quickly,” Drennen said.

She added the recent polling data, which indicates “most voters do not think that this is a good use of the government’s time and energy” offers cold comfort because “when that doesn’t seem to stop them, it almost makes it scarier.”

Drennen said the reality for so many of these Republican legislators is “they are just so genuinely opposed to the existence of trans people” that they will continue apace with these legislative crusades, political consequences be damned.

Another concern, often overlooked, is the escalation of transphobic rhetoric that abets the work of anti-trans GOP legislatures and to some extent makes their goals more reachable.

“You can look at The Daily Wire’s Michael Knowles giving his big speech at CPAC,” Drennen said, in which he argued “that transgenderism must be eradicated from public life entirely.”

“Those were his exact words,” she said, and “what he’s saying there is that trans people should not be in public, really under any circumstances, and I think that’s where a lot of the right wing media has gotten.”

“This has escalated very quickly in a couple of years from, ‘oh, well, you know, we just have some concerns about the fairness of trans people who are competing in sports,’ to multiple states passing bathroom bills or considering bathroom bills, multiple states expanding what kinds of gender affirming care they’re considering trying to take off the table,” Drennen said.

“And it’s hard to not be alarmed about the direction that this is all heading,” she said.

At this juncture, according to the ACLU:

  • Anti-LGBTQ bills can be divided into seven categories: Healthcare (e.g., bans on gender affirming care); public accommodations (e.g., laws prohibiting trans people from using restrooms and facilities consistent with their gender identity); schools and education (e.g., “Don’t Say Gay” laws, bans prohibiting trans student athletes from competing in sports); free speech and expression (e.g., restrictions on drag performances, book bans); accurate IDs (e.g., laws prohibiting trans people from obtaining documents that reflect their gender identity); civil rights (e.g., measures to allow discrimination against LGBTQ people); and other (e.g., Alabama’s proposed bill to define “woman” based on sex characteristics at birth).
  • Fifteen states have introduced more than 10 anti-LGBTQ bills: Arizona, North Dakota, Kansas, Oklahoma, Texas, Iowa, Missouri, Mississippi, Indiana, Kentucky, Tennessee, West Virginia, Virginia, North Carolina, South Carolina, and Florida.
  • Four states and the District of Columbia have not introduced any anti-LGBTQ bills: Pennsylvania, Delaware, Illinois, and Wisconsin.
  • 318 anti-LGBTQ bills are now advancing through state legislatures. Forty-five have been signed into law; 105 have been defeated.

Congress

Garcia slams effort to ban drag shows as GOP passes NDAA with anti-LGBTQ riders

Equality Caucus denounces anti-LGBTQ amendments

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U.S. Rep. Robert Garcia (D-Calif.) during the debate on Thursday over the National Defense Authorization Act (Screen capture via C-Span)

U.S. Rep. Robert Garcia (D-Calif.) slammed Republican U.S. Rep. Josh Brecheen’s (Okla.) effort to ban drag shows on American military bases during a debate over the annual National Defense Authorization Act spending bill on Thursday.

The appropriations package, which contains five anti-LGBTQ riders pushed by House GOP members, was passed on Friday.

“We know there are a lot of threats to the health and well-being of our service members and their families: poisoned water, toxic mold in military housing, PTSD, and suicide,” said Garcia, who is gay and a co-chair of the Congressional Equality Caucus.

“So I’m stunned to see that the Republican idea to protect our troops is to ban drag shows,” he said. “Mr. Speaker, my Republican colleagues want us to believe that ‘these gays are trying to murder us.’ They want us to believe that drag is harmful, or immoral and wrong. This is ridiculous.”

“We can document and celebrate drag shows on military bases since the late 1800s, and through both world wars,” Garcia continued. “The USO and the Red Cross supported drag during World War II. That’s right: the Army that defeated Hitler and saved the world included drag queens.” 

“Ronald Regan starred in a movie called ‘This Is the Army!’ — a movie about World War II that featured four drag performances,” he said. “And he’s not the only Republican president who knew that drag can be fun and sometimes silly.”

Garcia displayed a photo of former president and presumptive 2024 GOP nominee Donald Trump alongside former New York Mayor Rudy Giuliani, who was dressed in drag.

“Mr. Speaker,” the congressman said, “drag is Art. Drag is Culture. Drag is Creativity. Drag is Comedy. And no, drag is Not a Crime. It’s not pornography. The real obscenity is when one of our colleagues, the gentlewoman from Georgia, shows literal posters of revenge porn in our Oversight Committee! If we want to end porn in government facilities, let’s ban that.”

In a statement on Friday, the Equality Caucus called out House Republicans’ politicization of the military appropriations bill.

“Like last year, House Republicans voted to add poison pill, anti-LGBTQI+ provisions to the NDAA that discriminate against our LGTBQI+ servicemembers and their families,” said Caucus Chair U.S. Rep. Mark Pocan (D-Wis.) “The Equality Caucus remains committed to preventing these discriminatory provisions from becoming law.”

Along with Brecheen’s drag show ban, the caucus highlighted four of these riders from this year’s NDAA:

  • Amendment 46 by U.S. Rep. Greg Steube (R-Fla.), which would “prohibit funds for the Department of Defense Education Activity from being used to purchase, maintain, or display in a school library or classroom books that include transgender and intersex characters or touch on topics related to gender identity or variations in sex characteristics,”
  • Amendment 49 by U.S. Rep. Cory Mills (R-Fla.), which would “ban Pride flags from any workplace, common access area, or public area of the Department of Defense,” and
  • Amendments 52 and 53 by U.S. Reps. Matt Rosendale (R-Mont.) and Ralph Norman (S.C.), which would, respectively, “ban TRICARE from covering and furnishing gender-affirming surgeries and hormone treatments,” and “prohibit the Exceptional Family Member Program (EFMP) from covering or providing referrals for “gender transition procedures”—including puberty blockers, hormone therapy, and surgeries—for servicemembers’ dependent minor children.”
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Congress

Merkley, joined by Advocates for Trans Equality, makes Equality Act push

Ore. senator said ‘our rights and freedoms are on the ballot this year’

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U.S. Sen. Jeff Merkley (D-Ore.) speaks at the Senate Swamp on Tuesday. (Washington Blade photo by Christopher Kane)

U.S. Sen. Jeff Merkley (D-Ore.) called for passage of the Equality Act during a press conference on Wednesday alongside Advocates for Trans Equality, who were convened on Capitol Hill for the Trans Day of Empowerment lobby day.

Instead of freedom and the opportunity to participate fully in society, the senator said, “We see hatred, we see harassment, we see homelessness, we see discrimination, and bigotry, and violence, we see unemployment, we even see state-sanctioned attempts to outlaw the very identity of our transgender members of our community.”

“Across America in 2024, in our state legislatures there have been 500 bills drafted to constrain the opportunity for transgender Americans,” Merkley said. “They take on school curriculum, or they ban gender affirming care or otherwise seek to constrain the opportunity to participate in society, by our transgender individuals, in so many different ways.”

“This is wrong,” he said. “This is unacceptable. And we need to therefore pass the Equality Act here in the halls of Congress.”

Merkley, who introduced the latest iteration of the bill in the Senate, noted the legislation would “end discrimination on sexual orientation or gender identity in employment, in housing, in public accommodations, in mortgages, in financial transactions, in jury duty — every facet of American society.”

U.S. Rep. Mark Takano (D-Calif.), who is gay and a co-chair of the Congressional Equality Caucus, is leading the House version of the bill.

However, Merkley said, “our partners on the right side of the aisle have abandoned us. So, the responsibility to pass the Equality Act falls firmly on the Democratic Party.”

The senator called for an end to the Senate filibuster as a means of passing important legislation like the Equality Act.

Separately, in a statement to the Washington Blade, Merkley said, “Voting is the heart of our democracy. As Americans cast their ballots this fall, they have the chance to decide major issues facing our nation — from LGBTQ+ rights to reproductive freedom to so much more.”

“Democracy doesn’t exist unless every eligible voter has equal opportunity to make their voice heard,” he said. “As attacks on our LGBTQ+ friends and neighbors continue in the halls of Congress, state legislatures, and in our communities, we must all speak out and vote against this rising hate.”

The senator added, “Our rights and freedoms are on the ballot this year, and I won’t stop fighting until every American can live safely and freely as their authentic self.”

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Politics

EXCLUSIVE: Biden-Harris campaign debuts ads targeting LGBTQ voters

Ads to begin running Tuesday

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Pride month ad (Photo courtesy of the Biden-Harris 2024 campaign)

The Biden-Harris 2024 campaign will debut new ads on Tuesday targeting LGBTQ voters in battleground states for Pride Month ahead of November’s election.

“These ads will be featured across national and battleground LGBTQ+ media outlets, and will run throughout the month,” the campaign explained in a press release.

The aim is to “uplift” Biden’s record as “the most pro-LGBTQ+ president in history” while also highlighting “Donald Trump’s history of attacking their rights and his plans to go further.”

One ad that was previewed exclusively by the Washington Blade reads, “Joe Biden and Kamala Harris are fighting for the LGBTQ community!” with a photo of the president and vice president.

Another, formatted for social media, features a photo of Pride flags atop a quote from the “PBS NewsHour”: “On the campaign trail, Donald Trump has been outlining what he plans to do if elected in November. That includes rolling back the rights of millions of LGBTQ+ people. It’s part of a wider playbook to undo many civil rights advances for minority groups.”

“This Pride is an important time to remember the progress we’ve made for our community under President Biden, and the stakes of this election for LGBTQ+ Americans as Trump proudly runs to strip us of our rights,” said Biden-Harris 2024 Spokesperson Kevin Munoz, who is gay.

“From threatening IVF treatments to threatening LGBTQ+ marriages, Trump’s Project 2025 agenda would rip away our rights, and sow needless hate and division for Trump’s political gain,” he said. “LGBTQ+ Americans deserve to hear from us about these stakes, and this buy shows we will continue to show up and make our case to them in this election.”

The ad blitz on Tuesday comes after the campaign’s announcement of a paid media and organizing push for Pride month, which includes sizable investments in courting LGBTQ voters in battleground states.

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