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human rights campaign
Can Americans Come Out if Corporations Have Shut the Door? A Call for Courage
We have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. Instead, corporate leaders should stand up for their LGBTQIA+ employees.
Oct 11, 2024
Today, our nation celebrates National Coming Out Day. This October 11, you may see a wave of brave stories from your friends or family members, right along with messages of support from corporations touting their inclusive environments. It is a day when many of us in the LGBTQIA+ community choose to share our true selves with our loved ones, our community, our co-workers, and the world. And it serves as a reminder of the progress that has been made and how fortunate we are that so many can now feel comfortable to live openly and out loud.
After centuries of battles, whether that be on the streets outside Stonewall or in the courtrooms across our country, it is comforting to know that the efforts of our elders have helped to create a society where more people feel comfortable enough to live as their authentic selves.
Yet, the progress that we see today can, if we are not paying careful attention, belie the reality that our communities—and the progress we've made—continue to be under attack. Coming out is a deeply personal choice—a choice that becomes more difficult without cultural acceptance, and without the promises of security and protection we have increasingly begun to expect. But these hard-fought protections are, sadly, now being stripped away by the anti-DEI (Diversity, Equity, and Inclusion) movement and its pressure campaign pushing employers to backtrack on their commitment to inclusivity.
Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.
Across the country we have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. One key measure of that is the number of companies withdrawing from participation in the Human Rights Campaign (HRC) Corporate Equality Index, a long-time and widely used measure of companies' commitment to respecting the rights of their LGBTQIA+ employees. To maintain the progress we've made, it is important that we recognize and push back on these attacks.
National Coming Out Day was created in 1988 to commemorate the first anniversary of the 1987 National March on Washington for Lesbian and Gay Rights. Inspired by the visibility of that event, the day was meant to encourage individuals to live openly and make themselves visible at home, at work, and in their local communities—demonstrating the strength of the LGBT movement and promoting acceptance. By 1993, the National Coming Out Day organization had merged with the Human Rights Campaign Fund. HRC's Corporate Equality Index later grew from this sentiment and was developed to push for a world where gay, lesbian, bisexual, transgender, and queer employees could be out at work without facing discrimination in hiring or on the job. This was a crucial tool for LGBTQIA+ employees at the time of its creation, and it still stands as an important resource for the community to this day.
When companies like Ford, Harley-Davidson, and Lowe's —all targeted by ultra-conservatives to sow division and fear—withdraw from participating in the Corporate Equality Index, they undermine a tool that has driven substantial progress for LGBTQIA+ employees over the past two decades.Today, the index is as crucial as ever. It's not just about acceptance or branded pride parade swag; it's about creating an environment where everyone—regardless of sexual orientation or gender identity—can thrive. And thriving requires that our laws and institutions guarantee that one's livelihood, healthcare, and chance for financial security are not put at risk by choosing to live openly and freely. LGBTQIA+ employees in many states are already feeling their human rights come under attack through hateful and discriminatory state laws. The last thing they need is to have their places of employment also turning their backs on them. How can individuals feel safe coming out when the very systems designed to protect them are under attack?
The rollback of DEI programs isn't just a moral issue; it's increasingly a legal one. Lawsuits have been filed against employers claiming that DEI initiatives that work to welcome and include people of color and LGBTQIA+ folks discriminate against white people and straight cisgender people. While these suits exploit existing tensions, they overlook an important fact—legal protections exist to support inclusive workplaces.
Under Title VII of the Civil Rights Act of 1964, employment discrimination in the United States on the basis of sexual orientation or gender identity is illegal. This was made clear in 2020 with the Supreme Court's decision in Bostock v. Clayton County. This legal framework provides a foundation for companies committed to true inclusivity and is the starting point for them to showcase an authentic commitment to equality.
To the corporate leaders reading this, now is the time to stand firm and hold strong in your values. It's easy to support diversity in times of peace, but it's during times of challenge that true commitment is tested. Companies who were early allies in the fight for equality are still remembered and respected to this day. Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.There are legal protections to ensure your commitment to the principles of equality and inclusion are bolstered against this wave of divisive political agendas. And it is your duty to ensure DEI is cemented into your institution's core values.
National Coming Out Day is a celebration of courage. It is a reminder of the progress that has been made possible by that courage, and that every person deserves the right to live openly without fear of retribution or exclusion. But this can only happen in an environment where safety and acceptance are firmly rooted in our laws and our institutions. This October 11, let's reaffirm our commitment to equality and stand up to this hateful and divisive anti-DEI rhetoric.
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As Supreme Court Case Looms, 164 US Lawmakers Defend Trans Youth
"Decisions about healthcare belong to patients, their doctors, and their families—not politicians," said Rep. Mark Pocan.
Sep 03, 2024
As LGBTQ+ rights advocates prepare for oral arguments in a U.S. Supreme Court case about bans on gender-affirming healthcare for trans youth, 164 members of Congress on Tuesday urged the justices to strike down Tennessee's 2023 law.
Tennessee is one of over two dozen states that has recently banned some or all of such care for trans minors, according to the Movement Advancement Project. In response to challenges from advocacy groups and the Biden administration, the right-wing high court agreed to take the case in June.
Arguments in United States v. Skrmetti are expected in the fall. The justices will decide whether Tennessee Senate Bill 1—which bans surgery, puberty blockers, and hormone treatment for trans youth—violates the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.
Congressional Democrats' new "friend of the court" brief argues that the court "should be highly skeptical of legislation banning safe and effective therapies that comport with the standard of care," and "should carefully examine the deeply troubling role that animosity towards transgender people has played in state legislation."
"The law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists."
The amicus brief is led by House Judiciary Committee Ranking Member Jerry Nadler (D-N.Y.), Congressional Equality Caucus Chair Mark Pocan (D-Wis.), Rep. Frank Pallone Jr. (D-N.J.), Sen. Jeff Merkley (D-Ore.), and Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Primary Health and Retirement Chair Ed Markey (D-Mass.).
"For years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans," Markey said in a statement. "Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court upholds laws like Tennessee's at the heart of Skrmetti that are fueled by ignorance and hate."
"It takes a special type of cruelty to target children for who they are," he continued. "I am proud to stand with my colleagues against dangerous, transphobic attacks and to reaffirm that our nation's commitment should be to equality and justice for all."
Pocan emphasized that "decisions about healthcare belong to patients, their doctors, and their families—not politicians."
"The law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists," he added. "We strongly urge the Supreme Court to uphold the Constitution's promise of equal protection under the law and strike down Tennessee's harmful ban."
The brief is co-signed by another 150 Democrats in the House of Representatives, eight other Democratic senators, and Sen. Bernie Sanders (I-Vt.), who caucuses with the party. It is also supported by the ACLU and the Human Rights Campaign (HRC).
"Thank you to the many members of Congress for standing with transgender and nonbinary youth across our country in asking the Supreme Court to find bans on lifesaving gender-affirming care to be unconstitutional," said HRC vice president of government affairs David Stacy.
"The government should not be able to interfere in decisions that are best made between families and doctors, particularly when that care is necessary and best practice," Stacy stressed. "These bans are dangerous, animated purely by anti-transgender bias, and have forced families to make heartbreaking decisions to support their children."
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Ugandan Court Upholds 'One of the Most Extreme Anti-LGBTI Laws in the World'
"It is shocking that an opportunity was missed to revoke a law that undermines the rights of LGBTI persons in Uganda, their allies, human rights defenders, and activists," said one Amnesty International campaigner.
Apr 03, 2024
Human rights defenders on Wednesday condemned a ruling by the Constitutional Court of Uganda upholding most of the African nation's so-called "Kill the Gays" law criminalizing sex between consenting adults of the same sex and imposing the death penalty for "aggravated homosexuality."
The court's five justices largely affirmed the Anti-Homosexuality Act, 2023 (AHA)—signed into law last year by Ugandan President Yoweri Museveni amid widespread condemnation from Western nations and international human rights groups—as being consistent with the country's constitution.
However, the justices struck down four sections of the law that criminalized renting properties for use in same-sex sexual acts and failure to report such acts to the authorities, finding that those provisions violate portions of the Universal Declaration of Human Rights related to health, privacy, and religious freedom rights.
"This ruling is wrong and deplorable," said Frank Mugisha, executive director of Sexual Minorities Uganda. "Uganda's Constitution protects all of its people, equally. We continue to call for this law to be repealed. We are calling on all governments, [United Nations] partners, and multilateral institutions such as the World Bank and the Global Fund to likewise intensify their demand that this law be struck down because it is discriminatory."
Tigere Chagutah, a regional director at Amnesty International, said that "it is shocking that an opportunity was missed to revoke a law that undermines the rights of LGBTI persons in Uganda, their allies, human rights defenders, and activists by criminalizing consensual same-sex acts, 'promotion' of homosexuality with all its vagueness as an offense, and contemplates the death penalty for the offense of 'aggravated homosexuality."
"As we mark the 10th anniversary of the African Commission's Resolution 275 on the protection against violence and human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity, the government of Uganda must repeal the entire Anti-Homosexuality Act, 2023 and ensure accountability for the attacks against LGBTI people," Chagutah added.
Amnesty called the Ugandan law "one of the most extreme anti-LGBTI laws in the world."
Human Rights Campaign president Kelly Robinson said in a statement: "For the Constitutional Court of Uganda to uphold such a draconian law in any capacity is a horrific display of hatred that will mean further discrimination and physical harm for LGBTQ+ Ugandans. Over the last year, we have mourned the wave of violence targeting the LGBTQ+ community, and we know that this decision will only result in further damage."
Rightify Ghana, which advocates for sexual minorities in Africa, called Wednesday's ruling "deeply disappointing" and "a significant setback for human rights and democracy in Uganda."
"Human rights and democracy are under attack, not just in Uganda, but across Africa," the group added. "It is crucial that our courts uphold the constitution and protect the rights of all citizens, regardless of their sexual orientation or gender identity."
Under the Ugandan law, people convicted of "aggravated homosexuality"—defined as same-sex sexual acts by HIV-positive people or with children, disabled people, or anyone deemed vulnerable—can be hanged to death. The law punishes same-sex acts with life imprisonment and attempted same-sex acts with 10 years behind bars. It also criminalizes the "promotion" of LGBTQ+ rights.
According to the Human Rights Awareness and Promotion Forum, a Ugandan advocacy group, 55 people have been arrested under the law, including three who face possible execution. At least eight people have been subjected to forced anal examinations, while 254 people accused of either being or associating with LGBTQ+ people have been evicted from their homes.
Rights groups have also sounded the alarm on anti-gay "witch hunts" and violence targeting LGBTQ+ Ugandans.
The law has sparked international outrage and alarm. In the United States, the Biden administration responded by cutting aid to Uganda, imposing visa restrictions on its citizens, and canceling a planned regional military exercise.
"The announcement that some provisions of Uganda's Anti-Homosexuality Act have been removed by the Constitutional Court is a small and insufficient step towards safeguarding human rights," White House Press Secretary Karine Jean-Pierre said Wednesday in response to the ruling.
"The United States is deeply concerned about the remaining provisions which undermine public health, human rights, and Uganda's international reputation," she added. "As the president has said time and time again, no one should have to live in constant fear nor be subjected to violence or discrimination. It is wrong. We will continue to work to advance respect for human rights for all in Uganda and also around the world."
The Delegation of the European Union to Uganda also condemned Wednesday's ruling, calling the AHA "contrary to international human rights law."
"The E.U. also regrets the retention of the death penalty, to which the E.U. is opposed in all circumstances," the delegation added.
Advocates have noted the role of European colonization and U.S. evangelicals in demonizing and outlawing homosexuality in Africa.
The Ugandan LGBTQ+ advocacy group Convening for Equality lamented that the Ugandan court missed an opportunity to follow in the footsteps of other African nations including Mozambique, Botswana, Seychelles, Mauritius, Gabon, Cape Verde, South Africa, and Angola that "have recognized anti-gay laws as remnants of colonial rule, and repealed them through law reform processes and court decisions."
"In the summary released describing the basis for their ruling, the court only cited one case by name: the U.S. Supreme Court ruling striking down the right to abortion, Dobbs v. Jackson [Women's Health Organization], as providing justification for upholding criminalization of [LGBTQ+] Ugandans," the group added. "Advocates noted that this could point to influence on Uganda's judiciary by the U.S. extremist hate groups who funded that U.S. Supreme Court challenge."
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