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April 10, 2026
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"And so the question arises: How does America address its homophobic past as it moves forward into a more tolerant future? If American views on gays have changed -- and they have, with shocking rapidity -- that means there are a lot of people in this country who used to hold more deeply anti-gay views than they do today, and who may be ashamed of what they once thought and said in what now seems a distant and unenlightened era. Two thirds of the change in views on gay marriage comes from "individuals' modifying their views over time" and only "one-third was due to a cohort succession effect, or later cohorts replacing earlier ones," according to sociologist Dawn Michelle Baunach, who looked into the issue in a 2011 Social Science Quarterly piece. Most such people have had the privilege of a private life, where their participation in an ugly ideology that diminished and damaged gay people is something they speak of only in conversation with friends, or recall within the inmost sanctuary of their own thoughts. But some people have been living public lives a long time, and have left a very public paper trail of their expressions of discomfort and distaste. What is the proper response to the discovery of such information? How do we as a society react when people openly change their views in public on gays, and on same-sex marriage? And are we finally ready to get beyond the politics of the mid-1990s?"
"What's happening now is a wholesale repudiation of the 1990s move to eject gay people from the American family, writ large. The reason for DOMA was anti-gay animus by a group of men who showed their respect for marriage by divorcing multiple times and having affairs. The reason to undo DOMA is a rejection of that animus, and the growing recognition there is no way to argue against same-sex marriage that is not ultimately an argument for the moral inferiority of gay people. As of Friday, only four Democrats in the U.S. Senate had not come out in favor of gay marriage. "I have concluded the federal government should no longer discriminate against people who want to make lifelong, loving commitments to each other or interfere in personal, private, and intimate relationships," Sen. Heidi Heitkamp of North Dakota said. "I view the ability of anyone to marry as a logical extension of this belief." The reason to not support gay marriage is the lingering sense that there's something strange or not right about it. That it's fine for gay people to do what they want in privacy, but that their relationships are not the same as straight ones. Not as powerful, not as loving, not as legitimate. "[T]his is the inevitable extension of my efforts to promote equality and opportunity for everyone," said Sen. Mark Warner in announcing his new views. "[A]s many of my gay and lesbian friends, colleagues and staff embrace long term committed relationships, I find myself unable to look them in the eye without honestly confronting this uncomfortable inequality," observed Senator Claire McCaskill in a Tumblr post."
"The 1990s are over. Newt Gingrich, who stepped down as House Speaker after the Republicans performed poorly at the polls in 1998, in 2012 lost his comeback bid and the Republican presidential primary. Former representative Bob Barr, the sponsor of DOMA in 1996, in 2009 recanted his support for the bill and said gays should be allowed to marry. Bill Clinton -- who signed it the bill with a statement saying "I have long opposed governmental recognition of same-gender marriages" -- has too. But if that moment of moralism in the mid-90s deserves to be remembered, it's for the lesson that the American people, when they stop being upset about an issue, really let it go. Clinton was impeached over his infidelity, but he hung on to office and became one of the most beloved ex-presidents ever. His party even won seats in the House and Senate the same year his scandal dominated the news, as the public defied political predictions and turned against the moralists instead of the man they accused. As the drumbeat of shifting views of gay marriage continues, each voice affirms gay people as part of the American family, and each senator freshly legitimizes gay Americans as he or she repudiates past views or clarifies new ones. Whatever happens with the Supreme Court, this moment of change and affirmation -- this moment of public evolution -- is having a power all its own."
"The origins of the two political movements at the heart of America's culture war are as humble as they are contemporary. The cultural ferment of the 1960s stands as the prelude to the battle to come. The first rousings of the modern gay movement date back to a sultry summer night in June 1969 when a ragtag group of drag queens and teenage hustlers rebelled against police harassment outside the Stonewall Inn, a Greenwich Village gay bar. The gays and lesbians who led the disturbance had little more to rely on than their anger. In a time when police raids on gay bars were the norm, they were largely at the mercy of hostile city officials. Routinely described as freaks and perverts in the press (one newspaper mockingly described the protesters as "Queen Bees"), they had little political organization to speak of, were characterized as mentally ill by the mainstream of the medical profession, and were generally banished from jobs and families if their sexuality was discovered. The political weakness and precarious social position of gays and lesbians at the time of Stonewall remains a fact that the religious right, intent on painting them as privileged and pathological, has been loath to accept."
"The "silent majority," Viguerie determined, was as motivated by a constellation of family issues, exemplified by gay rights and abortion, as the old conservative standard, anticommunism. The transition was a relatively smooth one. The old right had couched its anticommunism in the rhetoric of family values long before it was fashionable. Even though communism both in the United States and abroad was notoriously homophobic, the old right viewed it as weakening the Christian fabric of the nation, which would enable homosexuals to gain a stronger foothold. Homosexuals were often lampooned as limp-wristed "pinkos," and perhaps the staunchest anticommunist of all, J. Edgar Hoover, took to attacking both homosexuals and communists in identical terms. Faced with the reality that communism was a dying ideology even before the decline of the Soviet Union, the new right and the religious right came to depict homosexuals as one of the chief evils of the modern world. It was the homosexual movement, particularly by gaining admission to the U.S. armed services, that would destroy America from within and make it vulnerable to foreign armies. Furthermore, by infiltrating the schools, homosexuals, like communists, had an insidious influence on the nation's most vulnerable commodity, its children. The new emphasis would leave the new right well stocked with new enemies closer to home after the fall of the "Evil Empire" in the mid-1980s."
"The most bitter showdown came in California in 1978, when state senator and gubernatorial candidate John Briggs of Fullerton, armed with Bryant's contributor list, launched a drive to ban open homosexuals, or anyone advocating the 'gay lifestyle," from teaching in public schools. Largely as a result of unexpected opposition from then-governor Ronald Reagan and other prominent conservatives, the Briggs initiative lost by more than one million votes, 3.9 million to 2.8 million. Under intense lobbying from gay activists including David Mixner, who would go on to become a key adviser to President Clinton, Reagan refused to endorse the initiative on libertarian grounds, which should have tipped off his religious right supporters that he was not to be their messiah. The initiative "is not needed to protect our children--we have that legal protection now," Reagan said. "It has the potential of real mischief.... What if an overwrought youngster, disappointed by bad grades, imagined it was the teacher's fault and struck out by accusing the teacher of advocating homosexuality. Innocent lives could be ruined.""
"Embittered by the unexpected defeat, Briggs, who once described gay men as women trapped in men's bodies," called San Francisco the "moral garbage dump of homosexuality in this country." The Briggs battle coincided--indeed, helped propel--the first stirrings of urban gay political power. In San Francisco, Harvey Milk was elected to the Board of Supervisors in 1977. In Milk, antigay crusaders like Bryant and Briggs had met their match. The product of a middle-class Jewish family in Woodmere, New York, Milk supported Barry Goldwater's right wing presidential campaign in 1964. Caught up in the radicalism of the 1960s, Milk grew a ponytail, traded in his suit for bellbottoms, and headed off to San Francisco, where he opened a camera shop on Castro Street. By 1973, Milk was already blazing gay political trails, finishing tenth in a field of thirty-two candidates for the Board of Supervisors, despite the gay establishment's warning that it was too soon for an openly gay candidate to seek elected office."
"American society is already hospitable to passive and effeminate males. What they need is affirmation as men so that their existing androgyny does not lead to sexual suicide; to impotence and homosexuality. Contrary to the feminist view, the latitude of the two sexes is not the same. While women can venture into the masculine sphere without grave damage and can even indulge in occasional lesbianism, the greater sexual insecurity of males makes it more difficult and unsettling for them to engage in female roles. Homosexuality, moreover, can inflict permanent damage on their sexual identities. Because males must bear the burdens of initiation and performance in sexual activity, a homosexual fixation is often permanent. A man cannot be easily rescued by an aggressive woman."
"While there are many people who accept the romantic propaganda about male homosexual existence, the life of tricks and trades is in fact agonizing for most of its practitioners. Lasting relationships are few and sour. The usual circuit of gay bars, returning servicemen, forlorn personal advertisements, and street cruises affords gratifications so brief and squalid that the society should do everything it can to prevent the spread of the disease. This emphatically does not mean harassing or imprisoning homosexuals. In fact, the worst perversion occasioned by homosexuality is the police practice of entraptment. But at the same time it is crucial to affirm precarious males of their heterosexuality. Natural compassion for men who are already homosexual- and our recognition that men who are already homosexual- and our recognition that some have adjusted happily- should not lead us to praise or affirm the homosexual alternative or to acquiesce in its propaganda."
"The chief attraction of homosexual activity is that it does not require confidence or male identity or even face-to-face self-exposure. It can even be informed without an erection. It is thus an inviting escape for the fallen male. Nonetheless, actual homosexuality is by no means inevitable in such cases. A man can recover from his dejection, restore hos confidence, and return to full heterosexuality. This is the usual course of events. It is tragic, therefore, if the cultural ambience provides more easily for homosexuality than for recover of normal patterns. In many parts of urban America this tragedy is a way of life."
"Even laws enacted for broad and ambitious purposes often can be explained by reference to legitimate public policies which justify the incidental disadvantages they impose on certain persons. Amendment 2, however, in making a general announcement that gays and lesbians shall not have any particular protections from the law, inflicts on them immediate, continuing, and real injuries that outrun and belie any legitimate justifications that may be claimed for it. We conclude that, in addition to the far-reaching deficiencies of Amendment 2 that we have noted, the principles it offends, in another sense, are conventional and venerable; a law must bear a rational relationship to a legitimate governmental purpose, Kadrmas v. Dickinson Public Schools, 487 U. S. 450, 462 (1988), and Amendment 2 does not."
"The primary rationale the State offers for Amendment 2 is respect for other citizens' freedom of association, and in particular the liberties of landlords or employers who have personal or religious objections to homosexuality. Colorado also cites its interest in conserving resources to fight discrimination against other groups. The breadth of the amendment is so far removed from these particular justifications that we find it impossible to credit them. We cannot say that Amendment 2 is directed to any identifiable legitimate purpose or discrete objective. It is a status-based enactment divorced from any factual context from which we could discern a relationship to legitimate state interests; it is a classification of persons undertaken for its own sake, something the Equal Protection Clause does not permit. "[C]lass legislation ... [is] obnoxious to the prohibitions of the Fourteenth Amendment .... " Civil Rights Cases, 109 U. S., at 24. We must conclude that Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else. This Colorado cannot do. A State cannot so deem a class of persons a stranger to its laws. Amendment 2 violates the Equal Protection Clause, and the judgment of the Supreme Court of Colorado is affirmed. It is so ordered."
"For at least 8 years, Republican domestic policies have demonstrated that man is capable of doing good only in an atmosphere of liberty and faith, not compulsion and atheism. However, man's basic nature is inclined towards evil, and when the exercise of liberty takes the shape of pornography, drug abuse, or homosexuality, the government must restrain, punish, and deter."
"Another legislative initiative at the onset of the Reagan Revolution was the Family Protection Act of 1981, the first sweeping policy aimed at limiting government intervention in many areas of family life and bolstering the conjugal, two-parent family as normative. The Act provided for a variety of traditional family support measures such as a restriction of federal funds for abortion, a restraint of federal interference with state statutes pertaining to child abuse, a redefinition of abuse to exclude parental spanking, and a prohibition of funds for homosexual legal services and other anti-family activities. The act incorporates sound principles of federalism and self-government, while refusing to acknowledge homosexuality and abortion as acceptable behaviors and actions. It is noteworthy that these latter two issues are even framed in the context of family policy, a noticeable omission of Democratic policy makers, who discuss these as issues of personal liberty distinct from the family. The Republican vision is cognizant of immorality and the attack on family values as the root of otherwise secular social problems, and the legislative response demonstrates an unwillingness to [legitimize] those actions which are both cause and effect of family breakdown."
"There is a difference between morality and murder. The fact that more people have been slaughtered in the name of religion than for any other single reason. That, that, my friends, is the true perversion! For the standards that we set, should we look to next week’s headlines? Well, I’m tired of the lies of the Anita Bryants and the John Briggs. I’m tired of their myths. I’m tired of their distortions. I’m speaking out about it."
"Gay brothers and sisters, what are you going to do about it? You must come out. Come out to your parents. I know that it is hard and that it will hurt them, but think of how they will hurt you in the voting booth! Come out to your relatives. I know that it is hard and will upset them but think of how they will upset you in the voting booth. Come out to your friends. If indeed, they are your friends. Come out to your neighbors, to your co-workers, to the people who work where you eat and shop. Come out only to the people you know, and who know you. Not to anyone else. But once and for all, break down the myths, destroy the lies and distortions. For your sake. For their sake. For the sake of the youngsters who are being terrified by the votes coming from Dade County to Eugene. If Briggs wins, he will not stop. They never do. Like all mad people, they are forced to go on, to prove they were right."
"In an interview at Catholic University last week, Supreme Court Justice Clarence Thomas said what he’s clearly been thinking for the past 30 years: Supreme Court precedents don’t matter, and he’s making things up as he goes along to fulfill his own political agenda. He didn’t say it in that way, of course. People would have noticed that. Instead, he couched his self-serving philosophy in legal jargon that will fly under the radar of most people, including journalists. Here’s what he said: “At some point we need to think about what we’re doing with stare decisis.… [I]t’s not some sort of talismanic deal where you can just say ‘stare decisis’ and not think, turn off the brain, right?” To translate: “Stare decisis” is a foundational legal principle in this country and all countries that follow a “common law” system. What it means, in simple terms, is that prior judicial rulings govern future judicial rulings. If a court rules, for instance, that “gay people have the same basic rights as everyone else in this country, including the right to marry other people,” then that ruling is supposed to govern all future cases concerning the rights of gay people. Thomas, apparently, doesn’t agree. Instead of respecting stare decisis and precedent, he is saying that older cases shouldn’t have the power to control newer ones. For Thomas, just because courts ruled that LGBTQ people should have rights in the past, including the right to marry, doesn’t mean he feels compelled to rule that they should keep them."
"We’ve seen this in Thomas’s opinions in recent years. In 2022, he declared, in a separate but supporting opinion in the Dobbs case, that Roe v. Wade was not respectful of our legal traditions, but Loving v. Virginia is. Why? Well because Roe gave women rights, while Loving gave Thomas the right to marry his white wife, and if you have a better legal difference between those cases other than Thomas’s own personal preferences, I’d love to hear you explain it. Thomas has also decided (in this case, writing for the majority) that simple gun registration laws are not respectful of our traditions in this country, but he signed on to an opinion giving the president the powers of the very king we revolted against. You simply cannot chart a course through what passes for logic in Thomas’s head without understanding his preferred policy outcomes. If Thomas were the only justice who thought like this, it would be a containable problem. But the entire Republican cabal on the Supreme Court rules exactly in the way Thomas is talking about, with no respect for precedent or stare decisis. This coming term, the Republicans on the court are likely to overturn a voting rights precedent they set for themselves only a couple of years ago. The Republicans literally cannot be trusted to respect their own rulings."
"The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare ... desire to harm' " homosexuals, ante, at 634, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a politically powerful minority to revise those mores through use of the laws. That objective, and the means chosen to achieve it, are not only unimpeachable under any constitutional doctrine hitherto pronounced (hence the opinion's heavy reliance upon principles of righteousness rather than judicial holdings); they have been specifically approved by the Congress of the United States and by this Court. In holding that homosexuality cannot be singled out for disfavorable treatment, the Court contradicts a decision, unchallenged here, pronounced only 10 years ago, see Bowers v. Hardwick, 478 U. S. 186 (1986), and places the prestige of this institution behind the proposition that opposition to homosexuality is as reprehensible as racial or religious bias. Whether it is or not is precisely the cultural debate that gave rise to the Colorado constitutional amendment (and to the preferential laws against which the amendment was directed.) Since the Constitution of the United States says nothing about this subject, it is left to be resolved by normal democratic means, including the democratic adoption of provisions in state constitutions. This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality, ante, at 634, is evil. I vigorously dissent."
"If it is constitutionally permissible for a State to make homosexual conduct criminal, surely it is constitutionally permissible for a State to enact other laws merely disfavoring homosexual conduct... And a fortiori it is constitutionally permissible for a State to adopt a provision not even disfavoring homosexual conduct, but merely prohibiting all levels of state government from bestowing special protections upon homosexual conduct."
"If the Supreme Court were to overturn Obergefell, the new federal law guarantees that a same-sex couple who was married in Illinois, for example, would still be recognized as married if they moved to Virginia, which has a ban on same-sex marriage that could be reactivated. But a same-sex couple wishing to be married in Virginia might have to travel out of state to get their marriage license. The Respect for Marriage Act also provides similar protections for interracial marriages. The dynamic could create a challenge for couples who want to get married but can’t afford to travel to another state for the license. That would exclude such couples from accessing the benefits that come with marriage, including inheritance, tax benefits, and the ability to make health care decisions for a spouse who is unable to make them themselves. “You will start to see a real economic justice problem,” Carpenter says. Bryan Wilson, who co-founded the Pride Center West Texas in Odessa, Texas, says the Respect for Marriage Act is a win for him and his husband, and other LGBTQ couples who are already married, but worries it doesn’t do enough for young or unmarried people in states like Texas. “I have youth who go, ‘Well, if on the off chance I ever want to get married in about six, seven years, 10 years, 15 years, I’m probably not going to be able to do it here anyway, so I hope I’ve moved to California, New York, or Washington,'” Wilson says. “There will be enough respect for marriage when every state in the union, every territory, has legalized it as well as enshrined it in their constitution, that same-sex marriage is allowed,” Wilson adds.For LGBTQ people living in states with dormant bans on the books who are vulnerable to financial insecurity, face discrimination, or struggle with their mental health, overruling Obergefell could cause a different kind of fallout, experts warn. “It would be a deep psychological and emotional blow to a lot of gay, lesbian, and bisexual people to be told that even if their state has to recognize a marriage formed out of the state, that their state nonetheless disapproves of their relationship and effectively considers them second class citizens,” says Michael Boucai, a law professor at the University of Buffalo."
"The President should immediately revoke Executive Order 1402041 and every policy, including subregulatory guidance documents, produced on behalf of or related to the establishment or promotion of the Gender Policy Council and its subsidiary issues. Abolishing the Gender Policy Council would eliminate central promotion of abortion (“health services”); comprehensive sexuality education (“education”); and the new woke gender ideology, which has as a principal tenet “gender affirming care” and “sex-change” surgeries on minors. In addition to eliminating the council, developing new structures and positions will have the dual effect of demonstrating that promoting life and strengthening the family is a priority while also facilitating more seamless coordination and consistency across the U.S. government."
"Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Article 1 of Chapter 4 of Title 18.2 a section numbered 18.2-37.1 and by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.5 as follows: §18.2-37.1. Certain matters not to constitute defenses. A. Notwithstanding any other provision of law, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, or voluntary manslaughter and is not provocation negating or excluding malice as an element of murder. B. Nothing in this section shall be construed to prevent a defendant from exercising his constitutionally protected rights, including his right to call for evidence in his favor that is relevant and otherwise admissible in a criminal prosecution. §18.2-57.5. Certain matters not to constitute defenses. A. Notwithstanding any other provision of law, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge brought under this article. B. Nothing in this section shall be construed to prevent a defendant from exercising his constitutionally protected rights, including his right to call for evidence in his favor that is relevant and otherwise admissible in a criminal prosecution."
"Protect faith-based grant recipients from religious liberty violations and maintain a biblically based, social science–reinforced definition of marriage and family. Social science reports that assess the objective outcomes for children raised in homes aside from a heterosexual, intact marriage are clear: All other family forms involve higher levels of instability (the average length of same-sex marriages is half that of heterosexual marriages); financial stress or poverty; and poor behavioral, psychological, or educational outcomes. For the sake of child well-being, programs should affirm that children require and deserve both the love and nurturing of a mother and the play and protection of a father. Despite recent congressional bills like the Respect for Marriage Act that redefine marriage to be the union between any two individuals, HMRE [Healthy Marriage and Relationship Education] program grants should be available to faith-based recipients who affirm that marriage is between not just any two adults, but one man and one unrelated woman."
"Today the Left is threatening the tax-exempt status of churches and charities that reject woke progressivism. They will soon turn to Christian schools and clubs with the same totalitarian intent. The next conservative President must make the institutions of American civil society hard targets for woke culture warriors. This starts with deleting the terms sexual orientation and gender identity (“SOGI”), diversity, equity, and inclusion (“DEI”), gender, gender equality, gender equity, gender awareness, gender-sensitive, abortion, reproductive health, reproductive rights, and any other term used to deprive Americans of their First Amendment rights out of every federal rule, agency regulation, contract, grant, regulation, and piece of legislation that exists."
"Speculation of whether the U.S. Supreme Court will take a case to overturn same-sex marriage at the federal level is mounting after embattled Kentucky Clerk Kim Davis pushed the effort as far up the legal chain as possible. Davis' attorney, Matthew Staver, previously told Newsweek he is optimistic the court will again rule on Obergefell v. Hodges, the landmark case that guaranteed the right to same-sex marriage nationwide. William Powell, the attorney who represented the couple that sued Davis, previously wrote in a statement provided to Newsweek that he is "confident the Supreme Court will likewise agree that Davis' arguments do not merit further attention." Obergefell v. Hodges, as part of a 5-4 Supreme Court ruling in June 2015, guaranteed that same-sex couples can marry by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. Prior the Court's ruling, equal rights and protections for same-sex marriage was already established in 36 states by statutes, court rulings, or voter initiatives. Davis made national headlines just two months after the Obergefell v. Hodges decision when she defied a U.S. federal court order to issue marriage licenses to same-sex couples. After being elected clerk of Rowan County, Kentucky, in 2014, she was defeated by Democratic challenger Elwood Caudill Jr. in 2018."
"Kansas’ law follows the growing efforts of the American right to restrict the rights of trans people and LGBTQ+ individuals in general. In the past few years, especially after Trump was elected to a second term, Republicans have honed in on attacking trans rights. Several Republican states, including Florida and Texas, have already passed laws prohibiting trans individuals from officially changing their gender identity in the future. Kansas is simply the first state to take a drastic step and revoke documents that were already on file. Trans people have had to deal with an increasing amount of discriminatory legislation. According to Trans Legislation Tracker, 2025 saw the highest number of anti-trans bills both considered and passed. Just through the first couple of months in 2026, 15 bills restricting trans rights have already been passed. In addition, the ACLU has tracked 489 anti-LGBTQ+ bills that are currently waiting on votes. This surge in restrictive legislation is in line with the Trump administration, which prevented transgender, intersex and nonbinary people from updating their gender designation on his first day in office. The onslaught on trans rights, both at the state and federal level, represents a concerted effort from Republicans to eliminate their legal standing. Kansas’ law should serve as a fresh reminder that the right will not stop in its attempt to roll back the protections trans individuals had just started to enjoy. By forcing trans people to go against their own identity, Kansas is throwing the weight of the state against their ability to simply live their lives comfortably. Policing bathroom use while revoking driver’s licenses and birth certificates is a clear sign that trans people are no longer welcome in the state of Kansas. If the law is allowed to stand, anti-trans discrimination and dehumanization will continue to get worse."
"The law also prohibits trans people from using bathrooms in public places according to their preferred gender identity and allows citizens to sue for up to $1000 in damages if they believe someone has violated these rules. According to the Movement Advancement Project (MAP), 20 states currently have laws that prohibit in some form the ability of trans people to enter the bathroom of their choice. With this law, Kansas has put itself near the top of these states in discriminatory severity, since it applies to all public spaces and violations represent a criminal offense. When you add in the amount people can ask for in so-called “damages,” S.B. 244 represents a particularly draconian and disgusting law. It weaponizes the government and the state’s own citizens to discriminate against trans individuals. These restrictions on trans rights have already spurred many members of the trans community to think about leaving Kansas. Those who stay are now essentially considered nonexistent until they comply, since their current gender identity has been invalidated. To Kansas, there is no such thing as transitioning anymore – only your initial biology matters. It is especially notable that the law defines gender as a person’s “biological sex at birth,” even though gender is a social construct and not biological. At the same time, while genetics cannot be altered, some aspects of one’s biological sex can change. The law’s language therefore fundamentally misunderstands the actual science and social aspects in favor of catering to anti-trans sentiment."
"What would you do if your government identification suddenly ceased to exist? In the state of Kansas last month, hundreds of residents received a notice that their driver’s licenses had been revoked. They hadn’t done anything wrong to warrant this action – except change their gender identity. Under a new state law that was passed on Feb. 26, Kansans are now forced to have their documentation reflect their biological sex at birth. As a result, the trans community in Kansas has been left reeling. Forcing trans individuals to renounce their own gender identity is deeply wrong, and it reflects a wider assault on trans rights in the U.S. that serves to dehumanize and minimize their existence. To understand the law’s harmful impact, we must dig deeper into the details. Known as S.B. 244, it orders that gender markers on a driver’s license or birth certificate must reflect someone’s assigned sex at birth. Previously, Kansas allowed people to change their gender on government IDs. S.B. 244, however, instantly changed that rule as soon as it became law, affecting about 1700 people in the state. It’s also worth mentioning that Kansas bills usually become law on July 1, in the year that they are passed, but this one was specifically ordered to take effect just a few days after it was signed. The application of the law was so sudden that those affected had to have friends or family drive them to the DMV so that they could get new licenses. If they had tried to drive themselves, they would have already risked getting pulled over."
"Gay people, we are painted as child molestors. I want to talk about that. I want to talk about the myth of child molestations by gays. I want to talk about the fact that in this state some 95 percent of child molestations are heterosexual and usually committed by a parent. I want to talk about the fact that all child abandonments are heterosexual. I want to talk about the fact that all abuse of children is by their heterosexual parents. I want to talk about the fact that some 98 percent of the six million rapes committed annually are heterosexual. I want to talk about the fact that one out of every three women who will be murdered in this state this year will be murdered by their husbands. I want to talk about the fact that some 30 percent of all heterosexual marriages contain domestic violence. And finally, I want to tell the John Briggs and the Anita Bryants that they talk about the myths of gays, but today I’m talking about the facts of heterosexual violence and what the hell are you going to do about that? Clean up your own house before you start telling lies about gays. Don’t distort the Bible to hide your own sins. Don’t change facts to lies. Don’t look for cheap political advantage in playing upon people’s fears! Judging by the latest polls, even the youth can tell you’re lying! Anita Bryant, John Briggs: Your unwillingness to talk about your own house, your deliberate lies and distortions, your unwillingness to face the truth, chills my blood. It reeks of madness!"
"Reverse policies that allow transgender individuals to serve in the military. Gender dysphoria is incompatible with the demands of military service, and the use of public monies for transgender surgeries or to facilitate abortion for servicemembers should be ended."
"In 2006, following the horrific murder of Gwen Araujo, California became the first state to pass legislation limiting the LGBTQ+ “panic” defense. The law, named in Gwen’s honor, aimed to “curtail the use of so-called ‘panic strategies’... most widely used in criminal cases involving bias based on sexual orientation and gender identity.” More specifically, The Gwen Araujo Justice For Victims Act (AB 1160) allows parties to request “the court instruct jurors not to allow bias based on sexual orientation, gender identity or other protected bases to influence their decision.” While this bill was pending in the state legislature, Vice President Kamala Harris, at that time San Francisco District Attorney, called for a national conference on combating the LGBTQ+ “panic” defense – an action that was also undertaken in Georgia a year earlier by the Fulton County District Attorney in response to the murder of Ahmed Dabarran. Despite this flurry of action regarding the LGBTQ+ “panic” defense, for years The Gwen Araujo Justice For Victims Act remained the only legislation in the country limiting the heinous defense strategy. In 2014, California further restricted use of the LGBTQ+ “panic” defense when the state legislature passed Assembly Bill No. 2501. While the 2006 Gwen Araujo Justice for Victims Act focused on juror instruction, Assembly Bill No. 2501 codified the illegality of the LGBTQ+ “panic” defense. The new law amended Section 192 of California’s Penal Code to prohibit “the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation” from being considered objectively reasonable circumstances for a sudden altercation. This means that murder charges cannot be reduced to voluntary manslaughter through the LGBTQ+ “panic” defense in California. Importantly, the law also clarifies that this ban includes “circumstances in which the victim made an unwanted non-forcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.” Assembly Bill No. 2501 was groundbreaking as the first successful piece of legislation specifically prohibiting the use and limiting the effectiveness of the LGBTQ+ “panic” defense. For three years, it was the only legislation in the nation that acted to curtail the use of this heinous courtroom tactic."
"I saw a Gay Liberation Front flier from the 70’s that said: “Touch One Another.” I didn’t quite understand its meaning until Grace and I were at Jewel’s, and Avery told us about the no-touch laws.Then, we understood that the state had existed in the space between two people. I thought about how law creates forcefields between us, isolating us from the touch we need and want. I thought about the after-life of these laws, the way that forcefields still exist all around us and between us.It was profound, and scary, to think about about the way those anti-touch laws still affect my experience of myself."
"Avery told us how gay people used to not be allowed to touch. At bars, clubs, wherever, you’d be arrested for touching. So people danced with two feet of space between them and scattered even farther when the cops came. But he said they took up a lot of space when they were dancing, used their whole bodies."
"Why should it matter whether Donald Trump’s MAGA movement and the Republican Party he’s largely taken over represent a kind of fascism? The answer: because the logic of fascism leads so inexorably to the politics of extermination. Describing his MAGA movement as fascism makes it easier to recognize the existential threat it truly represents—not only to a democratic society but to specific groups of human beings within it. I know it may sound alarmist, but I think it’s true: proto-fascist forces in this country have shown that they are increasingly willing to exterminate queer people, if that’s what it takes to gain and hold on to power. If I’m right, that means all Americans, queer or not, now face an existential threat. For those who don’t happen to fall into one of MAGA’s target groups, let me close by paraphrasing Donald Trump: In the end, they’re coming after you. We’re just standing in the way."
"What I failed to emphasize then—perhaps because I thought it went without saying (but it certainly needs to be said today)—is that fascism is almost by definition deadly. It needs enemies on whom it can focus the steaming rage of its adherents, and it is quite content for that rage to lead to literal extermination campaigns. The creation of such enemies invariably involves a process of rhetorical dehumanization. In fascist propaganda, target groups cease to be actual people, becoming instead vermin, viruses, human garbage, communists, Marxists, terrorists, or, in the case of the present attacks on LGBT people, pedophiles and groomers. As fascist movements develop, they bring underground streams of hatred into the light of “legitimate” political discourse. All those decades ago, I suggested that the Christian fundamentalists represented an incipient fascist force. I think it’s fair to say that today’s Make America Great Again crew has inherited that mantle, successfully incorporating right-wing Christianity into a larger proto-fascist movement. All the elements of classic fascism now lurk there: adulation of the leader, subordination of the individual to the larger movement, an appeal to mythical past glories, a not-so-subtle embrace of white supremacy, and discomfort with anything or anyone threatening the “natural” order of men and women. You have only to watch a video of a Trump rally to see that his is a mass (even if not a majority) movement."
"In April 2023, DeSantis doubled down, signing a new law that extended the ban all the way up through high school. Florida teachers at every level now run the very real risk of losing their jobs and credentials if they violate the new law. And queer kids, who are already at elevated risk of depression and suicide, have been deprived of the kind of affirming space that, research shows, greatly reduces those possibilities. Is Florida an outlier? Not really. Other states have followed its lead in restricting mentions of sexual orientation or gender identity in their public schools. By February of this year, 42 such bills had been introduced in a total of 22 states and are creating a wave of LGBT refugees. But the attacks against queer people go well beyond banning any discussion of gayness in public schools. We’re also witnessing a national campaign against trans and nonbinary people that, in effect, aims to eliminate such human beings altogether, whether by denying their very existence or denying them the medical care they need. This campaign began with a focus on trans youth but has since widened to include trans and nonbinary people of all ages."
"Now, however, there’s a new extermination campaign stalking this country that would definitely include me among its targets: the right-wing Republican crusade against “sexual predators” and “groomers,” by which they mean LGBTQI+ people. (I’m going to keep things simple here by just writing “LGBT” or “queer” to indicate this varied collection of Americans who are presently a prime target of the right wing in this country.) You may think “extermination campaign” is an extreme way to describe the set of public pronouncements, laws, and regulations addressing the existence of queer people here. Sadly, I disagree. Ambitious would-be Republican presidential candidates across the country, from Florida Governor Ron DeSantis to the less-known governor of North Dakota, Doug Burgum, are using anti-queer legislation to bolster their primary campaigns. For Florida, it started in July 2022 with DeSantis’s Parental Rights in Education act (better known as his “Don’t Say Gay” law), which mandated that, in the state’s public schools, “classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards."
"It’s not all that uncommon today for right-wing Christians in the United States to publicly demand that LGBT people be put to death. As recently as Pride month (June) * Though they’re starting to say the quiet part out loud, even in this country, they’ve been so much less careful in Africa for decades now. It’s not all that uncommon today for right-wing Christians in the United States to publicly demand that LGBT people be put to death. As recently as Pride month (June) of last year, in a sermon that went viral on Tik-Tok, Pastor Joe Jones of Shield of Faith Baptist Church in Boise, Idaho, called for all gay people to be executed. Local NBC and CBS TV stations, along with some national affiliates, saw fit to amplify Jones’s demand to “put them to death. Put all queers to death” by interviewing him in prime time. In keeping with right-wing propaganda that treats queer people as child predators, Jones sees killing gays as the key to preventing the sexual abuse of children. “When they die,” he said, “that stops the pedophilia. It’s a very, very simple process.” (The reality is that most sexual abuse of children involves male perpetrators and girl victims and happens inside families.) Though American “Christians” like Jones may be years away, if ever, from instituting the death penalty for queer people here, they have already been far more successful in Africa. On May 29, Ugandan president Yoweri Museveni signed perhaps the world’s harshest anti-LGBT law, criminalizing all homosexual activity, providing the death penalty for “serial offenders,” and according to the Reuters news agency, for the “transmission of a terminal illness like HIV/AIDS through gay sex.” It also “decrees a 20-year sentence for ‘promoting’ homosexuality.” While Uganda’s new anti-gay law may be the most extreme on the continent, more than 30 other African countries already outlaw homosexuality to varying degrees."
"And the attacks on queer people just keep coming. In May 2023, the Human Rights Campaign listed anti-queer bills introduced and passed in this year alone: • Over 520 anti-LGBTQ+ bills have been introduced in state legislatures, a record; • Over 220 bills specifically target transgender and non-binary people, also a record; and • A record 74 anti-LGBTQ laws have been enacted so far this year, including: • Laws banning gender affirming care for transgender youth: 16 • Laws requiring or allowing misgendering of transgender students: 7 • Laws targeting drag performances: 2 • Laws creating a license to discriminate: 3 • Laws censoring school curricula, including books: 13 We’re not paranoid. They really do want us to disappear."
"Provide Robust Accommodations for Religious Employees. Title VII requires reasonable accommodations for an employee’s sincerely held religious beliefs, observances, or practices unless it poses an undue hardship on the employer’s business. These accommodation protections also apply to issues related to marriage, gender, and sexuality."
"Provide robust protections for religious employers. America’s religious diversity means that workplaces include people of many faiths and that many employers are faith-based. Nevertheless, the Biden Administration has been hostile to people of faith, especially those with traditional beliefs about marriage, gender, and sexuality. The new Administration should enact policies with robust respect for religious exercise in the workplace, including under the First Amendment, the Religious Freedom Restoration Act of 1993 (RFRA), Title VII, and federal conscience protection laws."
"Sex Discrimination. The Biden Administration, LGBT advocates, and some federal courts have attempted to expand the scope and definition of sex discrimination, based in part on the Supreme Court’s decision in Bostock v. Clayton County. Bostock held that “an employer who fires someone simply for being homosexual or transgender” violates Title VII’s prohibition against sex discrimination. The Court explicitly limited its holding to the hiring/firing context in Title VII and did not purport to address other Title VII issues, such as bathrooms, locker rooms, and dress codes, or other laws prohibiting sex discrimination. Notably, the Court focused on the status of the employees and used the term “transgender status” rather than the broader and amorphous term “gender identity.” * Restrict the application of Bostock. The new Administration should restrict Bostock’s application of sex discrimination protections to sexual orientation and transgender status in the context of hiring and firing. *Withdraw unlawful “notices” and “guidances.” The President should direct agencies to withdraw unlawful “notices” and “guidances” purporting to apply Bostock’s reasoning broadly outside hiring and firing. *Rescind regulations prohibiting discrimination on the basis of sexual orientation, gender identity, transgender status, and sex characteristics. The President should direct agencies to rescind regulations interpreting sex discrimination provisions as prohibiting discrimination on the basis of sexual orientation, gender identity, transgender status, sex characteristics, etc. *Direct agencies to refocus enforcement of sex discrimination laws. The President should direct agencies to focus their enforcement of sex discrimination laws on the biological binary meaning of “sex.”"
"Mr. President, this November marks 10 years since our Nation imposed the discriminatory law known as "Don't Ask, Don't Tell" on the lesbian, gay, and bisexual patriots of our Nation. During the past decade, almost 10,000 men and women have been fired from our Armed Forces simply because of their sexual orientation."
"Furthermore, there is no adequate remedy at law to prevent the continued violation of service members' rights or to compensate them for violation of their rights."
"[We must] repeal the law that denies gay and lesbian Americans the right to serve the country they love because of who they are. It's the right thing to do."