We thought the battles over L.G.B.T. rights were to fading from the American political scene.
The Supreme Court legalized same-sex marriage in 2015, and most Americans supported the decision.
But in more than a dozen states, Republicans have recently passed laws restricting those rights. In the Senate, Republicans used Ketanji Brown Jackson’s confirmation hearing to call attention to some of the same issues that the new laws cover, even though Jackson’s judicial record had virtually no connection to them.
Trump’s 2016 campaign moved left from economic issues and promised cultural and religious conservatives that he would defer to them once he was in the White House. As president, Trump also went back on his pro-L.G.B.T. rhetoric and restricted transgender rights.
This approach has emboldened cultural conservatives on multiple issues, including abortion, gun rights, affirmative action and voting rights.
The second opportunity that some Republicans now see is that public opinion on gender identity and transgender rights is more conservative than it is on same-sex marriage.
For example, should transgender girls always be allowed play girls’ sports — even if male puberty gave them physical strength that provides a competitive advantage? When should schools start to teach children about gender identity? Should schools be required to tell parents if a child switches gender identity at school?
This political strategy relies partly on lies that seem intended to stoke fear and hatred. In Florida, for example, some Republicans have falsely suggested that schools’ lessons about sexuality are really an attempt to “groom” students.
In Florida, Gov. Ron DeSantis signed a bill last week that bans instruction about sexual orientation or gender identity from kindergarten through third grade. The so called ‘Don’t say gay’ bill could lead to trying to erase L.G.B.T. Americans from school lessons.
Three states — Arkansas, Arizona, and Texas — have enacted policies limiting gender-affirming treatments for children (which can involve surgery, hormones, speech therapy and other steps) .
In Texas, Gov. Greg Abbott has required teachers and other adults to report parents they suspect are providing such care to their children. Abbott has also ordered state officials to investigate parents for child abuse in these cases, although a judge has blocked the order for now.
Turning to Girls’ sports where governors in 13 states — including Arizona, Iowa, Montana and West Virginia — have enacted laws that restrict transgender women and girls from playing female sports in public schools. In several states, though, governors — both Republicans and Democrats — have vetoed such laws.
One was Utah Gov. Spencer Cox, a Republican, who said that the law unfairly targeted a tiny number of transgender children “looking to find a sense of connection and community” through sports. Most could compete without causing any unfairness to other athletes, he added. For the rare cases with legitimate questions about safety or fairness, Cox favored creating a commission to make decisions.
Opponents also make a constitutional argument. They contend that muzzling classroom speech of teachers may run afoul of the First Amendment.
When it comes to teachers in public schools, however, this is not a black-and-white issue. Public school teachers have limited First Amendment rights. School districts make the decision on curricula, and teachers must follow it. Therefore, the argument that the bills are posing unconstitutional limits on public school teachers may not hold up because teachers are already limited in what they can say. Teachers may be inclined to censor themselves for fear of retribution by parents who might even sue.
The issue is also the free-speech rights of the students.
In 1969, the U.S. Supreme Court made it abundantly clear in Tinker v. Des Moines School Dist. that students of every age have First Amendment rights.
A lot of people are saying this year’s midterm election is the most crucial of our lifetime. But remember another midterm election, 40 years ago, was one of the most crucial as well, at least in California.
In 1978, John Briggs put an initiative on the ballot that would have mandated the firing of any gay or lesbian teacher in California public schools, or any teacher who supported gay rights
Thanks to a Herculean effort by California grassroots activists including Harvey Milk,Briggs Initiative, was resoundingly defeated, by more than a million votes. It was the first time voters had rejected an antigay measure.
So we urge our NABWMT members, allies and friends to vote in the upcoming mid terms to protect our rights and the rights of ask those at the margins.
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