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lgbtq rights
As Always, It’s Up to Us: Questions for a Second Trump Presidency
As a scholar of social movements in the United States, I look to what the activists of the past show us: Justice doesn’t come from the White House. It comes from the people.
Nov 06, 2024
Former U.S. President Donald Trump won a second term. Handily. I see, already, the overwhelming dread flooding my social media. After all, Americans elected a man who has bragged about grabbing women by the pussy, who has bred fear and hatred toward Central American migrants, who has pledged to undo any climate protections he can get his grubby little orange hands on, who oversaw the eradication of abortion rights, who has praised white supremacist, antisemitic marchers as “very fine people,” and who fostered an insurrection. Again.
Knowing this, what do we do next?
As a scholar of social movements in the United States, I look to what the activists of the past show us: Justice doesn’t come from the White House. It comes from us.
In 1977, dozens of disabled activists occupied a federal building in San Francisco, demanding that the Carter administration enforce Section 504 of the Rehabilitation Act of 1973. Section 504 was the first piece of federal legislation that prohibited discrimination against people with disabilities, yet four years after its passage, the law just sat on the books with no regulation to power it. Disabled protestors camped out for 26 days, supported by a coalition of labor, queer, and Black groups—most importantly, the Black Panther Party, who fed the protestors warm food every single day. Eventually, the administration relented, vowing to regulate Section 504. If you know a child who has benefited from a 504 plan in school, that wasn’t because of the goodness of the government’s heart but because of the sweat, the joy, and the organizing of a group of disabled activists and their allies in the Bay Area.
There are countless examples before and after 1977 of tireless activists creating the world they want to live in despite the apathy of their government. And we can continue to follow their roadmap today by building the worlds we want to live in, we want to grow families in, without the permission of the electorate.
Here are some questions to guide us.
The Trump campaign mobilized its base by villainizing some of the most vulnerable youth, transgender, and non-binary kids, as symbols of a decaying world order. Knowing that, how are we going to uplift gender-non-conforming kids in our communities? Who are we going to elect to school board that will affirm trans kids’ dignity and protect their privacy? How are we going to open our homes to queer and trans youth who are rejected from their families? How are we going to build spaces for kids to explore their gender with love and curiosity?
The reality is, these are the same questions we should have been asking ourselves even if Kamala Harris had won the presidency.
The president-elect has been recorded bragging about touching women’s genitals without their consent, was found liable for sexual assault, and ushered in the end of Roe v Wade. Knowing that, how are we going to raise children with confidence in their bodily autonomy—and respect for others? How are we going to create reporting structures in our workplaces and schools that believe and support survivors? How can we move toward restorative justice practices that prioritize the healing of survivors and communities and prevent further harm? How are we going to mobilize to ensure every person has access to safe abortion care, no matter what state they live in, whenever it is needed?
The Trump campaign promised mass deportations, characterized immigrants as criminals, and admitted to spreading false claims about immigrants eating pets. Knowing this, how we do build communities that welcome immigrants, refugees, and asylum seekers? How do we amplify stories that illustrate the humanity of brown and Black immigrants? How do we advocate local governments for policies that protect our neighbors from deportations and criminalization? How do we teach our children to welcome new cultures and traditions rather than fear the unknown?
The Trump campaign has vowed to undo the minimal environmental protections we had. Knowing that, how are we going to ensure that our cities don’t dump environmental disasters on the doorsteps of our working class, Black, and brown neighborhoods? How are we going to push state governments to invest in clean energy, clean water, and clean air? How are we going to support Indigenous-led movements to return the land to its original stewards and protectors? How are we going to re-organize our daily lives to privilege sustainability over convenience and thus divest from corporate solutions that pollute our world?
The Trump campaign has used vulgar, racist, sexist, and just plain rude language to describe its opponents. How do we build communities grounded in love and kindness? How do we model such love and kindness to our children? How do we listen to marginalized communities and follow their lead on what language to use when organizing with them? How do we organize ourselves to protect the most targeted as beloved kin? How do we create opportunities for collective joy and creativity and friendship?
As individuals, we cannot tackle every question listed above, and in my post-election haze, I know I have left out critical issues. (How do we protect our children from gun violence? How do we stop the genocides in Gaza and Sudan and emerging genocidal threats across the globe? How do we abolish systems that criminalize Blackness, disability, and poverty?) But if you’re new to organizing and activism, you can find a group of people who are already grappling with the questions that resonate for you and can figure out how to amplify and support their work. And if you have been already doing this work for years, I thank you.
The reality is, these are the same questions we should have been asking ourselves even if Kamala Harris had won the presidency. Presidential candidates will never be our saviors. As always, it is up to us to forge the path to liberation, even in times of the deepest despair, grief, and shock. Especially in these times.
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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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ACLU Issues Blueprint for Harris to Counter Far-Right Attacks on LGBTQ Rights
"When targeting LGBTQ people is a priority for our enemies, it's all the more critical that defending LGBTQ people remain a priority for our friends," said one ACLU official.
Aug 13, 2024
The American Civil Liberties Union released a detailed policy memo Tuesday outlining how Vice President Kamala Harris can and should work to protect LGBTQ+ people should she win the presidency in November.
The ACLU noted that Harris' record serving in the Biden-Harris administration provides the organization with "a strong basis for optimism that a Harris administration would continue to fight for LGBTQ people," but said it was driven to release the memo because of attacks on the community in recent years by Republican presidential nominee Donald Trump and lawmakers at the local, state, and federal level.
"When targeting LGBTQ people is a priority for our enemies, it's all the more critical that defending LGBTQ people remain a priority for our friends," said Mike Zamore, national director for policy and government affairs at the ACLU.
"The Biden-Harris administration has worked hard to earn the trust of LGBTQ people and our families through concerted efforts to protect transgender kids in our schools, defend the right to marriage equality, and ensure medical decisions stay between trans people and their doctors," added Zamore. "We're hopeful a Harris-Walz administration would build on this legacy, and we will bring all of our resources to bear to help them do so."
In the memo, titled Harris on LGBTQ Rights: Building on a Legacy of Undoing Harm, Expanding Protections, and Serving as a Bulwark Against State Attacks, the ACLU said one key action would be to issue an executive order directing federal agencies to examine how they can enhance access to gender-affirming healthcare in federally funded programs.
"This would send a powerful message about how a future-President Harris is prioritizing the healthcare needs of trans people, and it would strengthen coverage and access to gender-affirming care under federal policies and programs," reads the memo, which said protections could include mandatory coverage determinations and increased clarity for patients and providers.
"The Biden-Harris administration has worked hard to earn the trust of LGBTQ people and our families... We're hopeful a Harris-Walz administration would build on this legacy, and we will bring all of our resources to bear to help them do so."
The memo was released as the U.S. Supreme Court is expected to hear a challenge brought by the federal government and families in Tennessee against a state law banning gender-affirming care for transgender youths. Tennessee is one of 24 states that ban medication and surgical care for transgender youths—care that is supported by the American Academy of Pediatrics, the American Medical Association, and other health authorities. Six states have passed laws making it a felony to provide certain kinds of gender-affirming care.
In addition to appealing a lower court's decision to uphold Tennessee's ban, the Biden-Harris administration has sued several other state's over similar laws; ordered federal agencies to protect LGBTQ+ people from discrimination in employment, housing, healthcare, and credit lending; reversed a ban on transgender servicemembers in the military; and expanded access to gender-affirming care in government healthcare programs, including in prisons.
The ACLU also wants passage of the Equality Act—a bill introduced in 2019 that would amend the Civil Rights Act of 1964 to prohibit discrimination based on sexual orientation and gender identity. The group says it is "prepared to harness the public pressure necessary to push the Senate to restore its ability to deliver full equality under the law for LGBTQ individuals."
The ACLU—which also plans to publish memos this month outlining steps Harris should take to promote abortion rights, voting rights, immigrants, and other issues—also outlined how federal agencies can strengthen protections for LGBTQ people under a Harris administration.
The Department of Education should unveil "more robust enforcement of nondiscrimination rules and more vigorous investigation and resolutions of Education Office of Civil Rights complaints based on sex discrimination," reads the memo. "It is worth noting that the most recent department regulations clarifying how Title IX can be used to protect LGBTQ students are enjoined in certain states, so the administration must continue to fight in the courts to lift that injunction."
The ACLU also called on the Department of Health and Human Services' Office of Civil Rights to provide more robust enforcement of nondiscrimination rules, proactively ensuring public and private insurance policies don't exclude case for transgender patients and "rigorously investigating all complaints of discrimination."
A potential Harris administration, said the group, could work with states to ensure they have the resources needed to expand pro-equality protections, as nearly half of U.S. states work to erode LGBTQ+ rights.
"State employees and state-funded programs should be fully trained on LGBTQ competency, and state budgets must provide dedicated funding streams for LGBTQ-specific programs," reads the memo. "State medical facilities and insurance programs can ensure trans and gender-expansive people have access to the care that is medically necessary to live their lives. State housing programs must have policies in place to ensure they are affirming and accessible to LGBTQ people."
In the face of attacks from GOP-controlled state legislatures and with "a landmark Supreme Court case on the horizon," said James Esseks, co-director of the ACLU's LGBTQ & HIV Project, the ACLU recognizes the Biden-Harris administration's "strong record of protecting and expanding the freedom of LGBTQ people."
"We would encourage a Harris-Walz administration to continue this commitment and do everything in its power to protect our rights, our healthcare," said Esseks, "and our freedom to be ourselves without fear."
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