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When Trans Athletes Win

We need to understand what’s happening to fuel all of these anti-trans bills.

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PHOTO CREDIT: Austris Augusts on Unsplash

We need to understand what’s happening to fuel all of these anti-trans bills.

By Zack Ford | The war on trans peopleā€™s right to exist has escalated greatly this year in state legislatures. By far, the most popular anti-trans legislation ā€” in terms of both how many bills have been introduced and how successfully theyā€™re becoming law ā€” comes in the form of bills banning transgender student athletes from competing on teams that match their gender identity. And thereā€™s something fascinating we have to reconcile about the success these bills are having this year: conservatives found more success advancing anti-trans discrimination by lowering the stakes of their arguments.

Think about it. Half a decade ago, everything you heard from conservatives was about bathrooms and locker rooms. The narrative was safety: ā€œWomen wonā€™t be safe if they have to see a trans person changing!ā€ It was offensive bullshit, of course, but as far as narratives go, ā€œsafetyā€ is a pretty high-stakes one. But the new narrative is ā€œfairnessā€ ā€” in sports of all things ā€” and itā€™s a much lower-stakes claim. And, perhaps counterintuitively, I think thatā€™s why itā€™s been more successful.

Many of the bills weā€™re also seeing are attacking the health care that trans kids deserve, which is very dangerous and high-stakes, so I donā€™t want to ignore it. But Iā€™ll ask you to join me in setting those bills aside for a moment to consider just where this surge of anti-trans sports bills is coming from and why itā€™s so effective. At least 33 different states have seen at least one of these bills introduced, and seven states now have bans in place, including West Virginia, where the ban just became law this past week.

There was previously only one ban in place. Idaho was the first state to pass such a ban into law just last year, and Idahoā€™s ban is not even currently enforceable thanks to the ACLUā€™s quick victory in court challenging it. From one state in 2020 to at last seven so far in 2021 is a huge escalation, and we have to examine whatā€™s happening there, because these sports bills are gateway bills. As weā€™ve already seen at a rapid pace in Arkansas, one kind of anti-trans discrimination begets another (including the bills targeting kidsā€™ health care and the bathroom bills of yore).

So how is this lower-stakes argument for anti-trans discrimination accomplishing so much more for conservatives?

Itā€™s because some trans girls won their races. Some Black trans girls.

Yeah, race is a factor too. Because of course it is.

Out Of The Locker Room, Onto The Field

If you think back to the surge of anti-trans advocacy we saw after the Supreme Courtā€™s marriage equality decision in 2015, the focus was almost entirely on bathrooms and locker rooms. Overblown stories about simply seeing trans people in these spaces (like the Planet Fitness case in Michigan) were used to demonize all trans people (though really just trans women) as perverts and predators and justify discrimination against them. This arguably culminated in early 2016 with North Carolinaā€™s passage of HB2, which mandated discrimination against trans people in public places.

While the effort to demonize trans people has by no means dissipated, the focus on such ā€œbathroom billsā€ has seemingly diminished since then.

Before even getting into the reasons why that might be, itā€™s important to note that these anti-trans campaigns are not organic. More than any other conservative organization or individual, the Alliance Defending Freedom (ADF), an anti-LGBTQ hate group, is controlling the narrative and approach of anti-LGBTQ litigation and legislation. My buddy Josh Israel profiled ADF in 2014 as ā€œThe 800-Pound Gorilla of the Christian Right,ā€ and itā€™s only grown since then. The strategic shifts weā€™ve seen in the attacks on trans people can easily be connected to ADFā€™s successes and failures.

As to why weā€™ve seen less of a push for bathroom bills, the first and foremost reason is surely how monumental the backlash to HB2 was. The bill itself was a reaction to Charlotte becoming North Carolinaā€™s first city to pass LGBTQ nondiscrimination protections at the local level ā€” you know, the kind of inclusive protection that dozens of major cities and states have that have resulted in none of the consequences conservatives fear-monger about. HB2 both banned such protections in North Carolina cities and prohibited trans people statewide from using public facilities consistent with their identities. Major corporations, artists, and sports leagues punished the state so heavily that HB2ā€™s major champion, Gov. Pat McCrory (R), lost reelection in 2016 even as Donald Trump won North Carolinaā€™s electoral votes.

Newly elected Gov. Roy Cooper (D) quickly worked to repeal the ban on trans people using facilities in 2017 and set an end-date for the ban on municipal LGBTQ nondiscrimination protections. When that ban finally lifted last December, Chapel Hill, Carrboro, Hillsborough, Durham, Greensboro, and Orange County all immediately followed Charlotteā€™s lead and passed their own protections. As a law, HB2 is now history, and the state has better LGBTQ protections than it did before its passage. Itā€™s no surprise that conservatives have at least rethought their approach on such blatantly discriminatory bills given the massive net loss.

Secondly, Trumpā€™s election helped ease the pressure conservatives likely felt to push for discriminatory policies at the state level by reversing all the federal protections introduced by the Obama administration. Education Secretary Betsy DeVos reversed the Title IX guidance protecting trans students, Attorney General Jeff Sessions reversed the Title VII guidance protecting trans workers, HUD Secretary Ben Carson reversed the guidance protecting trans people seeking shelter, and Trump tweeted out a ban on trans military service ā€” to name just the most prominent examples. There was no longer a ā€œthreatā€ to conservatives that the whole nation was going to be obligated by the federal government to abide by these LGBTQ protections.

Thirdly, ADF and similar conservative legal groups were losing a lot of their bathroom cases in court. ADF has a two-pronged approach; it helps draft, lobby for, and defend discriminatory bills, but it also challenges the laws that do protect LGBTQ people in court and defends schools and employers that want to keep discriminating. But there was a big wave of victories in federal courts for transgender students seeking or trying to maintain equal access to facilities in their schools, including in WisconsinIllinoisOhio, and Pennsylvania. The Supreme Court notably refused to hear ADFā€™s case in Pennsylvania after it lost its push for discrimination in the Third Circuit.

But the Supreme Court did hear a trio of cases about employment discrimination, including one about a trans woman, and delivered a massive defeat to ADF in Bostock v. Clayton County. Federal law officially now protects trans people from discrimination.

Itā€™s no surprise we now see a new raft of bills with a new strategy, one that capitalizes on a case ADF found that follows a rather different narrative.

Introducing Race To The Race

Thereā€™s a lawsuit ADF filed in 2016 that never went anywhere, but that Iā€™ve never forgotten.

Targeting a high school in the small city of Virginia, Minnesota, the lawsuit was ostensibly one of ADFā€™s many attempts to reverse a schoolā€™s inclusive policies for transgender students. It made all the usual false claims about ā€œsafety and privacyā€ for cis girls, but it also directly attacked ā€œStudent X,ā€ a real trans student enrolled at the school.

You can go back and read my full reporting on the suit, but I want to draw your attention to this specific paragraph from the complaint:

Student X began dancing in the locker room while Girl Plaintiff A and others prepared for track practice. Student X would dance in a sexually explicit mannerā€Šā€”ā€Šā€œtwerking,ā€ ā€œgrindingā€ or dancing like he [sic]was on a ā€œstripper poleā€ to songs with explicit lyrics, including ā€œMilkshakeā€ by Kelis. On at least one occasion, Girl Plaintiff A saw Student X lift his [sic] dress to reveal his [sic] underwear while ā€œgrindingā€ to the music.

A Sense Of Fairness

Before we get to the Connecticut case, letā€™s talk broadly about sports for a minute.

Objectively, sports arenā€™t fair.

We go to a lot of trouble to convince ourselves that they are, but they never truly are. Each personā€™s biology is different, so on a fundamental level, we can only approximate fairness.

We do that in a lot of ways. Gender is obviously one way we divide up sports in an attempt to make the competition more fair. Age is another factor, where we have everything from junior varsity to senior citizen leagues ā€” to say nothing of sports like gymnastics where competitiveness is by default limited to a very narrow age range. Some sports like wrestling and boxing specifically consider physical attributes like weight. Through rules about steroids and other performance-enhancing drugs, we set limits about what exactly a person can do to their body to achieve a competitive advantage. And in college sports we even separate athletes into divisions with the primary difference being whether students can receive athletic scholarships, which ā€”though we donā€™t generally think about it ā€” inherently introduces all kinds of factors like career goals and finances into determining the fairness of athletic competition.

In short, a lot of thought has gone into how to approximate fairness in athletics. But we also acknowledge that we can only make things so fair. For example, we canā€™t really do anything about Michael Phelps. From his torso-to-leg height ratio to his massive wingspan to his double-jointed ankles and elbows to his reduced lactic acid creation, Phelpsā€™ body naturally excels at swimming, and he capitalized on that with discipline and drive. When he swims, we all just stand in awe of what this cis white guy with a ton of biological advantages is capable of; heā€™s the best and hooray for what the human body can achieve! Of course heā€™s allowed to compete; his advantages donā€™t fit any of the disqualifying criteria weā€™ve established.

But not everyone just gets to be the best when they excel in athletics. In a lot of other cases, when someone does well, it raises suspicion instead of applause. Sports do not exist in a bubble and are not exempt from societal forces. The question ā€œWhy did that person win?ā€ quickly leads to the question ‘ā€œDid they have an ā€˜unfairā€™ advantage?ā€ and attempts to identify what sets them apart. When trans people excel, just like when women excel and when people of color excel, such suspicion around their success very easily and inevitably turns into a proxy for discrimination against them. Itā€™s one thing if someone is allowed to compete; itā€™s quite another if theyā€™re able to win.

Terry Miller and Andraya Yearwood were able to win. Both Black and both trans young women, they won a combined 15 track championships in Connecticut from 2017 to 2019. And ADF turned them into the symbol of the alleged unfairness of transgender inclusion in sports because of the opportunities they were supposedly taking away from cis white girls.

The Exception Does Not Prove The Rule

Itā€™s no surprise that the question of whether itā€™s fair for trans people to compete has been asked. But itā€™s also been answered ā€” for some time now. The International Olympic Committee, the NCAA, and K-12 athletic leagues across the country have long had policies allowing trans people to compete according to their gender identity with simple caveats regarding how far along they must be in their transitions.

Thatā€™s because studies have repeatedly found that the changes trans people make to their bodies set them up for fair competition with their cis peers. Trans women, the most common concern, lose most of the advantages often associated with male bodies. I really appreciate how Joanna Harper, author of some of these studies, framed the debate in a recent interview with OutSports (emphasis added):

For those who suggest trans women have advantages: We allow advantages in sport, but what we donā€™t allow is overwhelming advantagesā€¦ Trans women also have disadvantages in sport. Our larger bodies are being powered by reduced muscle mass and reduced aerobic capacity, and can lead to disadvantages in quickness, recovery, and a number of other factors.

The bottom line is, we can have meaningful competition between trans women and cis women. From my point of the view, the data looks favorable toward trans women being allowed to compete in womenā€™s sports.

To the extent that any sports are ā€œfair,ā€ allowing trans people to compete is fair enough. And there are trans people competing all over at varying levels of competition that we never hear anything about. Thereā€™s nothing to hear, and there are no complaints about their participation, because they arenā€™t winning.

But Miller and Yearwoodā€™s ability to win ā€” as both trans and Black in the very white state (75%) of Connecticut ā€” drew attention. Then all ADF had to do was find a couple of cis girls who didnā€™t like losing to them to file a lawsuit attempting to overturn the Connecticut Interscholastic Athletic Conferenceā€™s entire inclusive policy for all trans athletes in the state. The message was clear: If inclusion means these two trans athletes can win, then no trans athlete should be allowed to compete.

At this point, I want to send you on a detour to read a recent piece by the brilliant Derrick Clifton. In it, he connects the way Miller and Yearwood have been targeted for their bodies to the long history of cis Black women being policed in the same way, such as Serena Williams, as well as Black women who are intersex or have other conditions like hyperandrogenism, including the saga of Caster Semenya. As he writes, ā€œBlack women in sports ā€” whether they are cis, trans, or intersex ā€” constantly encounter shifting rules and expectations as a reprimand for their successes.ā€

One of the things I didnā€™t even know until I read Derrickā€™s piece is that Chelsea Mitchell, one of the cis white girls who joined ADFā€™s suit, actually beat Miller in their last two races and had earned her own state championships. So the portrayal that these Black trans athletes were always superior and depriving the cis white girls of victories and scholarships wasnā€™t even true; Miller and Yearwood were merely competitive. Itā€™s not a detail that has come up often.

The Biden administration had already withdrawn the support for the suit offered by the Trump administration, and about a week ago, a federal judge tossed ADFā€™s suit entirely. It was moot, he ruled, because Miller and Yearwood arenā€™t even students anymore and there were no other winning trans athletes to substitute into the case. Trans inclusion in Connecticutā€™s school sports appears to be safe for now.

But even if the case ends there, the damage has been done. Literally every time this issue is now discussed or written about, photos of these two Black trans girls become the symbol of unfairness in athletics. They are likewise the scapegoats for all of this new legislation ā€” and itā€™s literally because there are no other examples.

A Cause With No CĆ©lĆØbre

In state after state, the lawmakers advancing these anti-trans sports bills have been asked if they can identify a single example of a trans student athlete in their state who could even be accused of benefiting from an unfair advantage. As this CNN report from this week highlights, they repeatedly answer ā€œnoā€ then pivot to highlighting the Connecticut case.

In an interview with the conservative site CNSNews this past week, ADF Legal Counsel Christiana Holcomb claimed, ā€œWe have seen increasing examples across the country of males [sic] dominating girlsā€™ athletic competitions when competing as females, capturing championships and shattering long-standing female track records.ā€ Itā€™s telling that she specified track (as opposed to any other sport) but provided no ā€œincreasing examplesā€ as to who or where these trans athletes are, and itā€™s no coincidence that the article featured a photo and two different videos of Miller and Yearwood.

Shortly after West Virginia Gov. Jim Justice (R) signed his stateā€™s anti-trans sports bill into law this week, MSNBCā€™s Stephanie Ruhle asked him the same question about why this was no necessary. He had no answer, and Ruhle proceeded to read him for filth about all of the other concerns he could be prioritizing in West Virginia instead of this purely discriminatory bill. Itā€™s worth clicking through to watch the clip:

The pure cruelty of these bills is obvious. But the question remains: Why do conservatives feel less risk advancing them ā€” and why have more of them prevailed ā€” compared to follow-up bathroom bills? I have a theory.

Part of it, as I said at the top, is that the stakes feel lower. Thus, conservatives can try to sell the message that the discrimination is somehow less cruel or less consequential than, say, the outright banishment from public spaces dictated by bathroom bills. This is just about specific participation in sports, they can claim, and itā€™s only about fairness in competition, not about discriminating against trans people. Itā€™s a false narrative, to be clear, but itā€™s one they can market differently than trying to paint all trans women as predators while erasing trans men from existence altogether.

But I also think thereā€™s something a bit more insidious at work than just a less-discriminatory-sounding message, and it speaks to why these sports bills are the new vanguard for anti-trans legislation and the way they open the door for even worse bills.

The premise of all anti-trans prejudice is to convince people to reject the legitimacy of transition: Ignore the decades of research and 95+% success rate of affirmative treatment and surgeries; ignore the mental health benefits of transitioning and mental health consequences of not transitioning; and ignore the very reality of the lives transgender people live and instead regard them only as the sex they were assigned at birth. Any skepticism of transitioning is a victory for transphobia.

In the context of sports, conservatives can carve out this diabolical little niche that convinces people that even if transgender people transition, theyā€™re still going to have these physical differences that they canā€™t change. Those differences ā€” those so-called ā€œadvantagesā€ ā€” are an essential part of their existence, and no matter what gender defines how theyā€™re living their lives, itā€™s unfair to let them compete as such because of those relic differences. Itā€™s an emphasis on the imperfections of transition, a tether that ties trans people to their sex assigned at birth without overtly rejecting the legitimacy of their transition.

Like everything else in transphobia, it doesnā€™t even have to be true; it only has to be believable by people who donā€™t have any foundation for understanding trans peopleā€™s experiences. Competitive advantages based on race arenā€™t true either, but a lot of people still believe in such myths as well, which compounds the believability that these Black trans girls are somehow undeserving of their success and a barrier to cis white girlsā€™ apparently more deserving success.

What this results in is that many people who might otherwise be supportive of protecting trans people from discrimination can be convinced to make a small exception for sports under the guise of ā€œunfairnessā€ thatā€™s no fault of the trans athletes themselves. A perfect example is Caitlyn Trump-would-be-good-for-trans-people Jenner ā€” whose contributions to the trans community have largely been in spite of herself ā€” saying this weekend that she doesnā€™t think trans inclusion in sports is fair. Again: Itā€™s a false narrative, but a sellable one.

These anti-trans sports bills thus achieve the goal of instituting transphobia and rejecting the full legitimacy of trans identities in our laws while simultaneously appearing not to engage in overt transphobic discrimination.

But hey, now that conservatives already have folks thinking about trans kids and already signing onto one form of discrimination, they have a receptive audience for selling their other false narratives about what health care should look like for trans kids. And from there, they can continue to escalate back toward the ultimate goal of bathroom bills. Itā€™s exactly what happened in Arkansas over the past couple months:

By lowering the stakes from safety to fairness, conservatives found an easier entry point to get more people on board with anti-trans regulations. Their goals havenā€™t changed, but they found a new approach to get their foot in the door for mandated discrimination. These anti-trans sports bills are clearly a gateway to additional transgender discrimination, and they should be subjected to the exact same level of backlash as the worst discriminatory bills we can imagine.

In other words, the stakes arenā€™t lower. Theyā€™re as high as theyā€™ve ever been for trans peopleā€™s right to exist as themselves in this society of ours. ā€œFairness in sportsā€ is just a faƧade for justifying a form of transphobia.

And a final thought: We have to own that true inclusion includes an equal opportunity to win. Any trans athlete who has the bravery to compete and the discipline to succeed deserves any championship title that they earn ā€” fair and square.

Iā€™ll be revisiting the legislation thatā€™s been targeting health care for trans youth in a future newsletter. Stay tuned.

Zack Ford is the former LGBTQ editor at ThinkProgress.org and currently serves as press secretary at Alliance for Justice. His views are his own.

The preceding piece was originally published at Fording the River Styx and is republished by permission.

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Around the world, campaigns for marriage change hearts and minds

Reducing homophobia and leading to greater acceptance

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(Photo by R Tavani/Bigstock)

Right now, there are active campaigns to secure the freedom to marry for same-sex couples in dozens of countries around the world ā€“ spanning every continent and a wide variety of political contexts. While each of these campaigns is rooted in unique cultural and political dynamics, they have in common the potential to harness the power of marriage as both a goal and a strategy ā€“ leveraging the marriage conversation to change hearts and minds about LGBTQ people. Public campaigns for the freedom to marry are a unique opportunity to demonstrate that LGBTQ people are part of families and have the same need for family recognition as everyone else ā€“ helping to bring the needs and rights of  LGBTQ people into a more familiar context for the broader public.  

Not only does changing public attitudes toward LGBTQ people and their families have immediate, tangible impacts for the community, marriage campaigns have proven to yield an array of long-term benefits for LGBTQ civil society and democratic participation ā€“ including increasing overall support for LGBTQ causes, strengthening civic organizations, testing the implementation of new strategies to engage decision makers, training new generations of LGBTQ leaders, and instilling belief in activism, the rule of law, and effecting democratic change. 

By familiarizing the public with LGBTQ couples and families and lifting the voices of allies, campaigns for the freedom to marry reduce homophobia and transphobia, leading to greater acceptance. The public conversation about the freedom to marry is uniquely centered on the resonant values of love and family, as well as freedom and dignity, helping non-gay people better understand gay people as individuals with loving relationships and families, just like everyone else. Also, unlike other policy changes, the legalization of marriage for same-sex couples is typically accompanied by strong media attention that magnifies the campaignā€™s potential to shift public attitudes. Even after securing the freedom to marry, polling data shows that public support for LGBTQ people continues to accelerate, creating a more inclusive society and enabling political progress on several other fronts, especially those most important to LGBTQ people. 

For example, after Costa Rica in May 2020 became the first Central American country to affirm the freedom to marry for same-sex couples, a poll conducted by international research firm Borge & Asociados found an 18% increase in support for civil marriage for same-sex couples, as well as an increase in support for LGBTQ people more broadly. Nearly 40% of poll respondents reported personally developing a more positive opinion of gay and lesbian people in the previous 12 months and support for adoption and transgender nondiscrimination grew strongly after securing the freedom to marry. Costa Rica went on to enhance hate crimes and second parent adoption laws shortly after the marriage victory. 

After Taiwan in 2019 became the first government in Asia to end the exclusion of same-sex couples from marriage, support grew significantly. According to government polling, only 37.4 percent of country residents had previously reported that they believed same-sex couples should be able to marry. However, by May 2023, four years after the marriage victory, the same agency reported that support for marriage had increased to strong majority support (62.6%), an increase of 25.2 percentage points. By 2024, support had climbed an additional 6.5 percentage points to reach an all-time high of 69.1%.Ā 

Even in countries that have not yet achieved victory, marriage campaigns are making an impact. In Romania, advocacy organization Asociatia ACCEPT launched a public education television ad in late 2023 that featured parents and their LGBTQ children. Months later, polling demonstrated a 26% swing in support for legally protecting same-sex couples, with a growth of 13% while opposition to protections decreased by 13% compared to 2021. Parents ā€“Ā the target audience of Acceptā€™s paid media campaign – showed significant increases in support, with 55% now saying that if their child were gay they would like the law to allow them marry like anyone else, an 11 point increase. Demonstrating impacts beyond the issue of relationship recognition, the overall visibility of LGBTQ people in Romanian society has increased, with the number of people who know or interact with an LGBTQ person, from 19% in 2021 to 29% in 2024 as a result of a large-scale public education campaign centering LGBTQ people, their families, and marriage.

Similarly, Panamaā€™s 2023 polling showed a 15.3% increase in support for protections for same-sex couples after two years of their ā€œSĆ­ Aceptoā€ marriage campaign. Support for legal protections among Catholic Panamanians rose to 74.5% and, when asked about specific protections, such as visiting their partner in the hospital or making legal decisions together, Catholic Panamanians supported gay and lesbian couples at 84.3%. While the goal of achieving marriage may be a longer journey in countries like Romania and Panama, campaigns for the freedom to marry can still drive significant achievements in public opinion, paving the way for eventual victories.

Research shows similar gains in other countries where marriage campaigns are active. For instance, behind the efforts of Marriage for All Japan, support for marriage in Japan is now at an all-time high of 72%, rising 7% in two years. The Czech Republic also reached 72% support for marriage in 2023, months before the Jsme FĆ©r campaign won the passage of civil partnership, representing an increase of nearly 25 points in four years of active campaigning. Pew research showed 60% support for marriage in Thailand in 2023, one year before the Thai legislature passed marriage legislation with a wide bipartisan majority.

Experience gained from working on marriage campaigns trains campaign leaders to achieve advancements on other issues. Once marriage was secured, Taiwanā€™s Marriage Equality Coalition, the campaign organization, was re-formed as the Taiwan Equality Campaign. Using strategies implemented to win marriage, TEC led successful advocacy efforts in 2023 to allow same-sex couples to adopt children to whom they are not biologically related. The large-scale campaign for the freedom to marry strengthened Taiwanese civil society, enabling sustainable, ongoing progress and paving the way for future victories. Government leaders now cite marriage for same-sex couples as a key indicator of Taiwanā€™s democratic society.Ā 

Achieving victory in a change campaign invites civil society organizations to empower leaders and supporters to engage in the democratic process, hold elected leaders accountable, and build the political power they need to make change. Marriage campaigns have encouraged leaders to learn and deploy key (and for some countries, new) tactics such as engaging business or faith voices, monitoring and publicizing elected officialsā€™ stands and evolution, and promoting voter engagement. Freedom to Marry Global has worked with advocates to share best practices from around the globe and support local leaders as they test and implement these strategies in ways that suit the local context. This type of coordination and skill-sharing among LGBTQ groups within and across regions is exactly what our LGBTQ movement needs more of to succeed and not reinvent the wheel campaign by campaign. 

Additionally, each campaign victory sends a positive message of momentum to neighboring countries. As the first-of-its-kind public education campaign in Latin America, Costa Ricaā€™s SĆ­ Acepto served as a model for the region. Leaders of SĆ­ Acepto collaborated to export the materials and successes to other Latin American countries working to implement the Inter-American Court of Human Rights Advisory Opinion (OC-24). As a result, the impact of the SĆ­ Acepto campaign is felt far beyond the borders of Costa Rica with similarly styled campaigns now active in Guatemala, Panama, Bolivia, and Peru. Progress is powerful and radiates in powerful ways beyond national borders.

While the freedom to marry and the critical protections and fundamental freedom and dignity that marriage brings to LGBTQ couples and their families are important ends in themselves, the public campaigns to secure marriage deliver much more. Marriage is important not just for the tangible and intangible meanings and protections it entails, but also as a strategy to fundamentally change the perception of LGBTQ people, generate momentum and support for further gains, and empower leaders with the skill and political muscle to continue making progress for their communities and their countries. Campaigning for the freedom to marry and the marriage conversation yield meaningful economic and democratic dividends for everyone. Love wins ā€“ and we all win.


Freedom to Marry Global and Council for Global Equality advocate for marriage equality in countries around the world.

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Biden-Harris must ensure access to HIV prevention drugs

A historic opportunity to help end the disease

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The Biden-Harris administration has a historic opportunity to help end HIV. New, cutting-edge drugs that prevent HIV are hitting the market, but insurance companies are trying to twist the rules to deny access to these remarkable therapies.

The White House could stop these abuses and put the country on the right course for decades ahead and prevent hundreds of thousands of new HIV transmissions.

Pre-Exposure Prophylaxis (PrEP) drugs represent one of the strongest tools we have to combat HIV. These highly effective therapies can reduce the risk of contracting HIV by up to 99%. So far, the FDA has approved two once-daily PrEP pills, and in 2021 approved the first long-acting version of PrEP. Other groundbreaking PrEP innovations, such as a biannual dosage form, are in active development. 

PrEP is a major reason why new HIV infections dropped 12% from 2018 to 2022. Yet there’s still work to do. Currently, just 36% of people who could benefit from PrEP are using it. Racial and ethnic groups face wide disparities in PrEP uptake. For example, Black individuals constitute 39% of new HIV diagnoses but only 14% of PrEP users. Hispanics make up 31 percent of new HIV diagnoses, but only 18 percent of PrEP users.

A new federal directive, if properly enforced, could help close these gaps. In August 2023, a panel of prevention experts issued an updated recommendation to clinicians, recommending PrEP ā€” including long-acting forms of the drugs ā€” to people who want to prevent HIV acquisition. Under the Affordable Care Act, most newly issued private health plans must cover without patient cost-sharing to comply with this recommendation beginning this month.

Yet many HIV experts and patient advocates have raised concerns that insurers could misinterpret ā€” or downright ignore ā€” the task force’s decision and keep barriers to PrEP in place. 

One top concern is that insurance companies could decide to cover only one kind of PrEP, even though the task force’s recommendation isn’t drug-specific ā€” it applies to all versions. For example, a health plan might refuse to cover long-acting PrEP and force patients to take oral pills instead. 

Yet long-acting PrEP is a critical option for many patients, such as those who struggle to adhere to once-daily drug regimens, are unhoused, or have confidentiality concerns. One study found that patients taking long-acting PrEP had a 66% reduction in HIV infections compared to those using oral pills. Another analysis calculated that long-acting PrEP could help avert 87% more HIV cases than oral pills, and could save over $4 billion over the course of a decade.

Another concern relates to insurers’ increasing use of “prior authorization,” a practice in which health plans refuse to cover certain drugs unless doctors obtain prior permission. Insurers could also force patients to try a number of therapeutic alternatives before agreeing to cover the medicine they and their doctors agreed upon ā€” this is known as “step therapy.” There’s evidence that “prior authorization” policies may disproportionately impact Black and Hispanic individuals, who are already at higher risk of HIV.

Fortunately, these insurer-imposed barriers aren’t inevitable. The Biden-Harris administration, through the Centers for Medicare & Medicaid Services (CMS), has an opportunity to issue clear, detailed guidance that ensures health plans follow through on the legal requirement to cover PrEP for all eligible patients and at no cost.

CMS’s guidance should clarify that insurance companies are obliged to cover all FDA-approved versions of PrEP, including both daily pills and long-acting injectables. When now Vice President Harris was Sen. Harris, she introduced groundbreaking legislation called the PreP Access and Coverage Act, which would require all insurers to cover all forms of PrEP without cost-sharing and prior authorizations. So we know where she stands on the issue. 

A number of states, including New York and California, have already established similar coverage requirements and prohibitions on prior authorization for PrEP. 

A similar requirement already exists for contraception. Plans are required “to cover without cost sharing any contraceptive services and FDA-approved, -cleared, or -granted contraceptive products that an individual’s attending provider determined to be medically appropriate.”  

CMS just needs to adopt language along these lines for PrEP. Doctors ā€” not insurance companies ā€” should decide which drugs best suit patients’ needs.

Thanks to revolutionary research happening every day, people with a reason to be on PrEP have more options available to them than ever before. Yet insurers are intent on restricting access to these innovative therapies. New federal guidance can help combat this and if properly enforced set us on a path toward ending HIV.

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The impact of womenā€™s bills of rights on trans employees

A mechanism to spread discriminatory policies

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By Dacey Romberg, Madison Zucco, Luke Lamberti, and Xan Wolstenholme-Britt

Around the country, Womenā€™s Bills of Rights (ā€œWomenā€™s BoRsā€) have emerged as a mechanism to spread anti-transgender policy under the guise of womenā€™s rights. These laws redefine terms like gender, sex, woman, and man to binary definitions that exclude protections and recognition of transgender, nonbinary, and in some contexts, intersex individuals. The focus of these laws is on public institutions and facilities, such as restrooms and changing rooms.  

What do these laws mean for students and employees of public institutions, such as public schools and government agencies? How may private employers react to these laws? We will dive into the rise of Womenā€™s BoR laws, their impact on workplace protections, and what we can expect with the rise of anti-transgender policies.  

In early 2022, Independent Womenā€™s Voice and the Womenā€™s Liberation Front introduced the Womenā€™s BoR as model legislation seeking to limit legal recognition of sex to oneā€™s sex assigned at birth. While both groups identify as womenā€™s advocacy organizations, Independent Womenā€™s Voice and the Womenā€™s Liberation Front have long sought to limit the rights of transgender Americans as a primary area of focus. The Womenā€™s BoR entered mainstream politics when Republicans in the House of Representatives and Senate attempted to endorse the legislation in a resolution in 2022. While federal attempts to pass a national Womenā€™s BoR have not been successful, states have begun to adopt similar bills. Throughout 2023 and 2024, state legislators in Kansas, Louisiana, Montana, Mississippi, Oklahoma, Tennessee, and Utah enacted statutes based on the federal bill. 

Advocates frame Womenā€™s BoR as supporting women, but they do not positively affect or protect cisgender or transgender women; in actuality, their only impact is to exclude transgender Americans from legal recognition and erase the experience of nonbinary and intersex individuals. In light of this worrisome impact, transgender, nonbinary, and intersex people may wonder what protections they have in workplaces if their state has passed a Womenā€™s BoR.  

Each stateā€™s Womenā€™s BoR is unique depending on what laws it sought to amend and how far-reaching its impact will be, but clear throughlines exist nationwide. Transgender, nonbinary, and intersex employees are affected by the redefinition of terms including sex, gender, men, and women, as legislators use outdated and transphobic lenses to categorize individuals and essentially erase any protection of those who do not identify as cisgender women or men. Furthermore, some of these bills place legal consequences on transgender, nonbinary, and intersex employees who use public facilities that align with their gender identity. For example, under the Louisiana Womenā€™s Safety and Protection Act, an individual who alleges they have suffered ā€œany direct or indirect harm as a result of a violation ofā€ this law may file a lawsuit against the party in violation for relief that may include injunctive relief (a court order to do something or to stop doing something) and attorney fees, damages, and costs associated with the lawsuit. The state seems to be incentivizing these cases by waiving a procedural hurdle that is usually required to get an injunction.  

What do these bills mean for transgender, nonbinary, or intersex employees that are employed in states that have enacted a Womenā€™s BoR? If the individual is employed by a state government, public school, or another form of public institution, that institution may take the position that only cisgender employees are protected by the stateā€™s anti-discrimination laws, which they may now interpret as only applying to cisgender women and men.  

Oklahomaā€™s Womenā€™s BoR states that ā€œany policy, program, or statute that prohibits sex discrimination shall be construed to forbid unfair treatment of females or males in relation to similarly situated members of the opposite sex.ā€ By stating that laws only forbid ā€œunfair treatment of females or males,ā€ the bill may result in transgender, nonbinary, and intersex employees no longer being covered by the Oklahoma Anti-Discrimination Act. Montana similarly appears to have passed legislation that limits ā€œsex discriminationā€ to only males and females, which could be interpreted as removing transgender, nonbinary, or intersex individuals from the protections of the Montana Human Rights Act.

These employees may still be protected by federal anti-discrimination laws, though, including Title VII of the Civil Rights Act, which prohibits employment discrimination based on gender identity. For instance, if a transgender employee is barred by their employer from using the office locker room that aligns with their gender identity, they may be able to establish a Title VII violation. Similarly, a Title VII or Affordable Care Act violation may be established where a transgender employee is denied coverage for gender-affirming care but cisgender employees are covered for the same procedure or treatment. 

Though not all have been labeled Womenā€™s BoR, more than 40 ā€œre-definitionā€ bills were introduced in state legislatures this year, according to the ACLU, marking a significant increase in this type of legislation. This indicates a concerted effort by certain political groups to roll back protections and recognition for transgender and nonbinary individuals. This legislative push not only threatens to erode hard-won rights but also fosters a climate of discrimination and exclusion. As these bills have gained traction in the past few years, it becomes increasingly important for employers and allies to stay informed and engaged to protect and advance the rights of transgender and nonbinary individuals at both the state and national levels. 

It is essential for public and private employers to understand the implications of these laws and how they might affect their workforce. When possible, employers should be proactive in counteracting harmful policies by incorporating specific protective language into their company policies and providing robust support systems for their transgender, nonbinary, and intersex employees. This could involve conducting informational sessions to ensure that employees know their rights and the potential impacts of these laws.  

While public employers in states that have passed Womenā€™s BoRs may be more limited in how they can support their transgender, nonbinary, and intersex employees, private employers can support their employees by implementing inclusive policies and practices such as anti-discrimination policies that explicitly protect gender identity and expression; providing comprehensive healthcare benefits that cover gender-affirming treatments and ensuring that facilities, such as restrooms, are accessible to all employees. Additionally, providing support networks, such as employee resource groups, and ensuring that all employees are aware of and have access to these resources can significantly enhance the sense of belonging and safety for transgender, nonbinary, and intersex employees. By doing so, employers can create a more inclusive and supportive work environment, helping to mitigate the negative effects of these legislative changes on their employees. 

Dacey Romberg, Madison Zucco, Luke Lamberti, and Xan Wolstenholme-Britt are with Sanford Heisler Sharp.

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Ukraineā€™s new conscription laws threaten humanitarian efforts

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Bogdan Globa of QUAā€”LGBTQ Ukrainians in America speaks at Ukraine House in Washington, D.C. in 2023. (Washington Blade file photo by Michael Key)

Ukrainian men are being pulled away from vital humanitarian work and drafted into the military under new conscription laws, according to local activists.

One huge challenge facing Ukraineā€™s war effort is a shortage of conscripts. Kyiv hopes new laws passed in April 2024 aimed at recruiting many more soldiers will help it get on the front foot militarily, particularly after a fresh wave of attacks from Russia in May 2024 in the northeast.

Vasyl Malikov is the Kharkiv coordinator of Alliance.Global northeastern Ukraine. The NGO provides a wide range of services to the LGBTQ community in the Kharkiv region, including HIV prevention and testing, psychosocial help, medical, and humanitarian aid.

He told me that most of the men who work with the organization to provide these services as well as their volunteers are liable to be called up for military service under the new conscription drive.

Russian invasions of Ukraine in 2014 and 2022 have resulted in a protracted war being fought along a front line stretching over several hundred miles. In August 2024 Ukraine opened a new line of attack when it pushed into Russiaā€™s Kursk region, with reports estimating Ukraine could commit as many as 10,000 troops to the attack. Despite the widespread use of new technology on the battlefield, much of the war is being fought by more traditional means, with large numbers of soldiers armed with rifles defending the country from trenches.

The new laws aim to reinforce Ukraineā€™s tiring military and lower the age of conscription from 27 to 25, although volunteers over 18 are still accepted.

Ukraine has for a decade been successfully pressing the United States government and leaders in Europe for weapons to defend itself against Russian aggression, but having enough soldiers to use them is a significant challenge.

An initial target of conscripting 450,000 to 500,000 new recruits has been lowered, but it is not clear what the new number is. Iā€™ve been regularly reporting from the front line in and around Kharkiv, the country’s second biggest city, over the last two years, and itā€™s obvious that Ukraineā€™s military is running short of personnel.

Malikov says some of the men who work with Alliance.Global have already been called into the army, and are hard to replace. ā€œGood international practice is that many of the services we provide to LGBTQ people are best done by social workers and volunteers who come from the communities they serve (peer-to-peer),ā€ he said. 

ā€œWe do an enormous amount of work providing vital social and other support to gay men and bisexual men in and around Kharkiv. Trust is important in the outreach to these communities, and if men from our team are taken for the army you canā€™t just get anyone to replace them. These are experienced professionals, committed to this work.ā€

A few of the Alliance.Global team are exempt from the military draft on medical grounds, or for some other reason. Malikov is himself currently exempt because he is also a university professor, but this academic certificate has to be renewed every three months – a long bureaucratic process, he says, which can involve him queueing for five hours at a time. 

This new challenge comes as the countryā€™s LGBTQ community confronts a halt to progress on legislation to introduce same-sex civil partnerships, despite more than 70 percent of Ukrainians polled saying that LGBTQ people should have the same rights as other citizens. This is a huge improvement from 2010 attitudes, when only 28 percent of Ukrainians thought that “gay men and lesbians should be free to live their lives as they wish.”

Yet, as Bogdan Globa, president and co-founder of QUA ā€“ LGBTQ Ukrainians in America, notes, ā€œthousands of LGBTQI+ are serving in the army with a civilian partner back at home. For straight couples, if something happens with a military partner (wounded or killed), a civilian partner will obtain a variety of government benefits, from cash support to housing. In the case of same-sex couples, they are invisible to the government and have no help or recognition. A civilian person has no right to even bury their partnerā€™s body.ā€ 

Malikov says, ā€œany Ukrainian man could find himself in the military in a matter of weeks from now, because itā€™s a civic duty of Ukrainian men during wartime, including any number of the 80 or more men who are part of the Alliance.Global network.ā€ 

The new recruitment drive presents new tests for his work in Kharkiv. ā€œIt makes things very difficult to plan. We donā€™t know who will be called up, or when, and itā€™s another layer of unpredictability to an already uncertain future,ā€ he says.

For more, see Human Rights Firstā€™s new report, ā€œNew Recruits: Ukraineā€™s Military Conscription Laws Threaten Humanitarian Efforts,ā€ written by Maya Fernandez-Powell and myself.

Brian Dooley is senior adviser for Human Rights First.

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There is no historical comparison to this election

Our futures are at stake so urge your family, friends to vote Harris

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(Washington Blade file photo by Michael Key)

It is time those who keep trying to compare this election to previous elections to recognize there is no comparison. There has never been a sitting vice president running against a disgraced former president, who lost the last time he ran. There has never been an African American/Asian American woman, running for president as a major party nominee. There has never been a candidate who replaced the original candidate of a major party on the ticket, with only three months until the election. 

There also has never in recent years been such a unified Democratic Party, running against not a political party, but a cult. There has never been a major party candidate running for president held liable for sexual assault and convicted of 34 felonies. There has never been a time when a womanā€™s right to control her own healthcare has been taken away after being considered a constitutional right for nearly 50 years. There has never been a time when a womanā€™s right to an abortion has been on so many state ballots. And there has never been a candidate who rants regularly on his social media platform, mostly inane nonsense, at the same time his running mate tells a sitting vice president to ā€˜go to hell,ā€™ in response to something she never even said. We have never had a candidate for vice president who has in essence told women without children they are useless. The total lack of class of the MAGA Republican ticket is also something we have never seen before. So to all those like the MAGA Republican Marc Theissen, who writes in the Washington Post, saying he can compare this election to previous ones, they might want to take the time to read some history.

Whatā€™s clear is we donā€™t know who will win this election. We donā€™t know how many Americans there are who would choose to vote for a once defeated former president, convicted felon, who tried to stage a coup to remain in office. Yes, he could win even if that were to seem like an alternate reality. Unfortunately, with todayā€™s divided electorate, we can surmise what the result in 43 states will be. It is only in seven states that there is some doubt about the result. I wish I had a crystal ball, but I donā€™t, and neither does anyone else. From what we have seen in recent years, polling is not an accurate predictor. 

There are the types of issues in this campaign we have seen in previous elections, when wars and the economy have played a big role. Today we have divisions over the Israel/Hamas war, with debates on how the United States should deal with Israel, and the future of the Palestinian people. There is the war in Ukraine and questions some have about our continued support for Ukraine, and how we are working with our allies. Then there are what are usually called kitchen table issues: inflation, and the cost of food, gas, rent, and education. Then add the issue of crime. We know climate change is taking a much larger role in elections, especially for young people who will live longer with the results if we do nothing about it. These are the issues, even if not exactly the same, that have been around in previous elections. Yet this election is still so different. 

It is what is new and scary I believe this election will be decided on. It will be decided by a very small number of voters, in a small number of states. It will be won by Harris if enough voters fully understand our democracy is actually at risk if Trump wins. They must understand the impact of the Supreme Court ruling granting a president nearly absolute immunity. Understand what happens if Trumpā€™s acolytes, who will be in his government, remake our government based on the Heritage Foundationā€™s Project 2025. It will be decided by those who understand what additional rights will be taken away if Trump is able to appoint more judges with lifetime terms to the Supreme Court, and other federal courts.

With all this at stake we still donā€™t know how people will vote. But I have confidence in the American people, and believe Kamala Harris and Tim Walz will win. But I also know for that to happen, they will need everyone who supports them to be out and working hard, whether raising money, knocking on doors, or talking to family and friends to get them to vote. That last one can really have the greatest impact over the next two months. 

Everyone who supports the Harris/Walz ticket needs to sit down and make a list of every one of their friends and family members. Then start calling. First you need to ask each person for a commitment to vote. Then you must help them understand why their vote is so important. Explain to them they are not only voting for themselves in this election, they are voting for you. 

You need to share with them what this election could mean to your life. If you are a young person concerned with climate change, explain to them they are voting to make the world safer and healthier for you, who will be living in it the longest. If you are a woman who wants to ensure you have control of your own healthcare, and the right to an abortion, explain to them why this election is so crucial to you. If you are a member of the LGBTQ community and want to ensure your rights arenā€™t taken away, and instead of going backwards, you have a chance to get full equality, explain to them why their vote in this election will have a direct impact on your life. If you are African American and want to ensure you have your civil rights, economic equality, the right to vote, and that the nation doesnā€™t go back to giving police ultimate power, and the right to ā€˜stop and friskā€™ as Trump has stated he supports, then explain to them why this could literally be a vote for your life. If you are Latino and a Dreamer, and want the right to live safely in this country without looking over your shoulder every day, worrying about the possibility of a member of your family being deported, explain to them why this is a vote for your safety and your future. If you are Asian American and want to ensure you can live without discrimination, explain why this is a vote for you. 

This election must be made to feel personal for each voter. People need to understand what electing Trump will mean to each one of us, and how it will directly impact every personā€™s life. You can do that by calling all your friends and family, and then asking them to call their friends, like a giant telephone tree. It will make the difference to winning or losing.

Again, in the end, this election is about all of us. It is about our individual rights as guaranteed in our Constitution. It is about what our country will look like going into the future. It is about how we interact with the rest of the world knowing we have a global economy, and the result and impact of doing nothing about climate change doesnā€™t stop at our border. It is about the opportunity to continue to move forward toward that ā€˜more perfect union,ā€™ promised in our Constitution. So, when you speak with your friends and family do so honestly, and do it with passion. Because for all of us to live a good, safe, and healthy life, in a peaceful, safer, and healthier world, Kamala Harris and Tim Walz must win.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Whoā€™s afraid of Robby Starbuck?

Right-wing blogger striking fear into hearts of corporate America

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Robby Starbuck (Screen capture via RobbyStarbuck YouTube)

The backlash against DEI and other inclusive programs at Americaā€™s largest companies continues, with news last week that Ford Motor Company will scale back its internal DEI initiatives.

The announcement follows a move by retailer Target to reduce its Pride merchandise in June and, of course, the uproar last year over Bud Lightā€™s trans-inclusive marketing efforts. 

The Ford news was first reported last week when a memo from CEO Jim Farley was leaked to Reuters by right-wing activist Robby Starbuck, ā€œwho has campaigned against DEI programs as well as corporate participation in LGBTQ events and the issuance of public statements concerning ā€” or the deployment of business strategies to address ā€” matters from climate change to systemic racism,ā€ as the Blade reported.

Starbuck, a music video director-turned-anti-woke crusader claimed credit for Fordā€™s decision, writing that the company ā€œfearsā€ him. ā€œWeā€™re now forcing multi-billion dollar organizations to change their policies,ā€ he said in a post on X.

No one had ever heard of this guy or his homophobic and racist campaign until recently, which begs the question: Why are some of Americaā€™s largest companies reflexively caving to these destructive demands?

In addition to Ford, Starbuck has claimed credit for sparking similar changes at Tractor Supply, John Deere, Harley Davidson, Polaris, and most recently Loweā€™s, after threatening to expose ā€œwoke policiesā€ at the companies. 

Loweā€™s last week revealed in a memo that it would stop participating in the Human Rights Campaignā€™s Corporate Equality Index and would no longer sponsor parades and festivals like Pride celebrations. 

Of course, some of these changes are normal business decisions driven by the bottom line. Does expending internal resources to comply with HRCā€™s criteria for a good score do anything to boost business? Are these companies hedging now in anticipation of retaliation by a Trump administration if he wins in November?  

But the timing of these recently announced changes raises eyebrows given all the pronouncements by Starbuck and they are disconcerting because our corporate allies have sometimes made the difference between anti-LGBTQ laws taking effect or not. 

Itā€™s maddening that one pony-tailed blogger could scare huge corporations into abandoning affirming programs for its employees and customers. Starbuck has called DEI programs ā€œevilā€ and CNN reported that his wife Landon is a leading opponent in Tennessee of affirming medical care for trans teens and drag queen story hour events.

Predictably, Starbuck is a Trump supporter whose scientifically challenged opinions have been amplified by Elon Musk. He is a climate change denier and anti-vaxxer who told CNN that LGBTQ Pride events promote sex to children, the oldest and most disgusting slur used against our community. 

The corporate CEOs and boards caving to this homophobe should grow a spine.

Thankfully, the news from corporate America isnā€™t all bad. In April, JPMorgan Chase CEO Jamie Dimon in a shareholder letter touted a range of programs ā€” ā€œfrom resource groups for employees who are Black, LGBTQ+, or have disabilities to a fund aimed at helping entrepreneurs of color, investments in rural communities, and recruiting efforts at historically Black colleges and universities,ā€ according to a report in Axios. ā€œHe also said that the $30 billion racial equity commitment the bank made in 2020 was ā€˜nearly completedā€™ and would become a permanent part of the business.ā€

“We’re thoughtfully continuing our diversity, equity and inclusion efforts,” he wrote.

And earlier this week, Aetna announced that it would become the first major health insurer to offer intrauterine insemination (IUI) as a medical benefit to all members nationwide, regardless of a patientā€™s sexual orientation or partner status. Aetna is the nationā€™s third largest health insurer, so the policy change ā€œhas wide-reaching implications for LGBTQ Americans,ā€ the company touted in a release.

For those corporate leaders searching for a response to Starbuck and his ilk, I suggest they listen to former Macyā€™s CEO Jeff Gennette whom I interviewed for the Blade in January upon his retirement. Gennette, whoā€™s gay, pioneered Macyā€™s own extensive DEI programs and disagreed with how Target and others caved to right-wing demands. 

ā€œItā€™s when you flip and succumb to pressure that you get yourself sideways,ā€ he said, noting that, ā€œIt always comes back to your core values. We had Pride merchandise at the front of our stores and we were participants in Pride parades around the country. George Floyd put us on notice about being vocal about our internal programs and how you use your CEO voice to be true to what youā€™re doing internally.ā€

Ā There remain plenty of CEOs out there who are doing the right thing. Ford, Loweā€™s, and the others placating MAGA blowhards are alienating potential customers and undermining their LGBTQ employees and should reverse these misguided and cowardly decisions.

Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

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Log off, touch grass, and self care

Social media companies are in business to keep us logged on

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(Photo by Mihailo K/Bigstock)

Among the ā€œTerminally Online,ā€ someone who is so involved with internet culture that they have something of an obsession with it, is a phrase known as ā€œtouching grass.ā€ To touch grass means to log off, engage with the real world, and prioritize oneā€™s offline relationships. While this conjures up all kinds of images of young adults playing video games in a room full of dirty laundry, piled up pizza boxes, and crusty socks hanging everywhereā€”the truth of the matter is that all of us could do well to ā€œtouch grass.ā€

Since COVID-19 use of the internet and social media has skyrocketed. In fact, what COVID did was merely accelerate our ongoing migration into the digital world. The LGBTQ community has always been at the forefront of this migration due to the marginalized status we occupy in society. Despite what some may argue, only recently have public displays of affection become acceptable, and even today some of those exchanges are met with hostility and discrimination

With the rise of social media has come increased use of social media apps, and one of the number one social networking sitesā€”outside of big three (Facebook, X formerly known as Twitter, and Instagram)ā€”are dating apps. Grindr specifically has ranked as one of the most downloaded apps in iTunes (#25 at time of writing) and in the Google play store. It is particularly interesting to consider how much of our lives we have entrusted to apps of all varietiesā€”ranging from our favorite moments with our families, to our most intimate details. Sharing these kinds of moments might have seemed unfathomable to us in earlier decades, but today this has become second nature to most. 

What many fail to realize, or chose not to acknowledge, is that social media companies are well aware of the destructive tendencies that their products tap into. Nearly every aspect of these platforms has been intentionally designed to increase user engagement, and tap into our unconscious fears and desires. We fear missing an important event, we desire romance and intimacy, and worry about missing an important email that could change the trajectory of our careers.

For decades, companies from Grindr to Facebook have employed social science researchers to harness the addictive qualities of apps. Think about it, that all too familiar ā€œBrrrrupā€ notification from Grindr. Itā€™s almost Pavlovian in the way it causes us to immediately reach for our phones wondering who has contacted us, or what pic weā€™ve just been sent. This sound has intentionally been designed to be distinct from other apps, and thus to attach itself to a specific part of our brain. Researchers have shown we get a dopamine hit from getting a like, retweet, share, or other responseā€”imagine what happens to our brains when we think a romantic encounter looms around the corner.

This strategy is highly effective. Grindr has one of the largest daily returning user bases of any social media company, and its users rank among the highest for time spent on the app. That downward motion to refresh the grid of profiles in proximity to you, thatā€™s also been engineered to increase engagement. Itā€™s like the pull of a Las Vegas slot machine with each swipe down offering the possibility that the next grid will be the one with your soul mate. While Iā€™ve met several gay friends who met their partners on apps, and Iā€™ve used the app to connect with a member of parliament who gave me a private tour while in London, Iā€™ve also met many other men with an unhealthy, if not anti-social, relationship to the app.

My own reliance on these apps was reflected back to me recently, after becoming the victim of an internet scam artist. He had used several fake social media profiles to find out my interests, learn about me, and find out how I could be best manipulated. Gay romance scams are an understudied topic, one in which only a few researchers like Carlo Charles has studied. In speaking with him I have come to understand my story is not unique, and follows an all-too-familiar pattern. I was left wondering after engaging with his work how this happened, and why it happened to me.

While in Montreal this past summer for a conference I was given an answer, and had a mirror put up in front of my face. A very attractive young man messaged me, and he was also a fellow academic. He thought he recognized me from elsewhere, but looks can be deceivingā€”especially amid a grid of pixelated images. I had already decided after nearly becoming the victim of a scam I wasnā€™t interested in hooking up, dating, or anything other than being friendsā€”plus I was there to work and had early morning appointments. Despite my encouragement to get out there and that heā€™d have no problems finding someone to make out with he decided to stay on the apps, ā€œEveryone will just pass me by, so Iā€™ll stay here on the apps, and maybe Iā€™ll go to the gay sauna later.ā€ 

While Iā€™m no prude, or a stranger to the apps or the saunas, it made me realize the addictive hold apps have had on our community. Apps like Grindr have created the illusion of an endless supply of men, and that the perfect lover lies just around the corner with the next swipe. These apps also leverage social-psychological aspects of human behavior against us to increase engagement. Like Facebook, apps like Grindr have made us dopamine addicts seeking instant gratification. When you pair that with other substances these encounters can quickly become dark experiences.

The next day was the Pride parade, and it must have lasted more than an hour. I saw him on the app and encouraged him to come down. He refused thinking he would be rejected. I told him he ought to, and that Iā€™m sorry I couldnā€™t meet up with him as I had to get to the airport. 

My career has been spent living in rural areasā€”areas known to be hostile toward LGBTQ people, but also areas in which even the community can be difficult to become involved inā€”and apps became a way to find some semblance of community. However, like many aspects of online life, these spaces are poor alternatives to real human interaction. Despite advertising otherwise, social media companies are businesses, and their business is keeping us logged on and engaged. Perhaps the solution is for us all to touch grass, and find the beauty that exists in all thingsā€”even if itā€™s not the ideal.

Christopher T. Conner is Assistant Professor of Sociology at the University of Missouri. His latest book, ā€˜Conspiracy Theories and Extremist Movements in New Timesā€™ is available from Bloomsbury Press/Lexington.

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Elect Kamala Harris ā€” for all the people

Eloquent DNC speech highlights stark contrast to Trump

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On day four of the Democratic National Convention, Kamala Harris told the nation why they should elect her president. In a strong and eloquent speech, she shared her background, and her vision for the future. She talked about her family, her immigrant parents, how she grew up, her career as a prosecutor, attorney general, senator, and now vice president. She told us how she will govern, and her goals for the nation. She talked of her plans to move forward on issues including: affordable healthcare for all, affordable housing for all, affordable food, and quality, affordable education. She spoke of national security, and ensuring a strong military, of her support for our allies, and working for a safer, healthier, world. 

In a perfect world every voter would read both Trump and Harrisā€™s convention speeches before they vote. If they did, I believe Harris would win in a landslide. But this will be a close election. There are still third-party candidates like Cornell West and Jill Stein, who have no chance of winning, but their being on the ballot will only help Trump. Then there is the crazy RFK, Jr. who has now endorsed Trump. We pretty much know who will win 43 states. Only in seven: North Carolina, Georgia, Nevada, Arizona, Michigan, Wisconsin, and Pennsylvania, is there a question. Whoever wins those, or at least enough of them to reach 270 electoral votes, will be our next president. 

One feels a sense of joy when listening to Harris. She speaks clearly and positively, when sharing her approach to the world.  She proudly said about her career, ā€œevery day, in the courtroom, I stood proudly before a judge and I said five words: Kamala Harris, for the people. And to be clear, my entire career, Iā€™ve only had one client: the people.ā€ She reminded us of what we all know, Trump also only ever had one client, but in his case, it was himself. 

She told us how she will govern, and what we can judge her success on saying, ā€œwe are charting a new way forward to a future with a strong and growing middle class because we know a strong middle class has always been critical to Americaā€™s success, and building that middle class will be a defining goal of my presidency.ā€ She went on to say to women, and the LGBTQ community, ā€œAmerica cannot truly be prosperous unless Americans are fully able to make their own decisions about their own lives, especially on matters of heart, and home.ā€ She reminded all ā€œtoo many women are not able to make those decisions. Donald Trump handpicked members of the U.S. Supreme Court to take away reproductive freedom. And now, he brags ā€œI did it, and Iā€™m proud to have done it.ā€

She reminded us ā€œAs vice president, I have confronted threats to our security, negotiated with foreign leaders, strengthened our alliances, and engaged with our brave troops overseas. As commander in chief, I will ensure America always has the strongest, most lethal fighting force in the world.ā€ She went on to say ā€œI will make sure that we lead the world into the future on space and artificial intelligence. That America, not China, wins the competition for the 21st century and that we strengthen, not abdicate, our global leadership. I will stand strong with Ukraine and our NATO allies.ā€

She spoke of the Israel/Hamas war and her commitment to Israel saying, ā€œI will always ensure Israel has the ability to defend itself, because the people of Israel must never again face the horror that a terrorist organization called Hamas, caused on Oct. 7, including unspeakable sexual violence and the massacre of young people at a music festival.ā€ But she also gave her commitment to the Palestinian people saying she will work to ensure that, ā€œthe Palestinian people can realize their right to dignity, security, freedom, and self-determination.ā€ 

She closed saying, ā€œWe are the heirs to the greatest democracy in the history of the world. And on behalf of our children, and our grandchildren, and all those who sacrificed so dearly for our freedom and liberty, we must be worthy of this moment. It is now our turn to do what generations before us have done, guided by optimism and faith, to fight for this country we love, to fight for the ideals we cherish, and to uphold the awesome responsibility that comes with the greatest privilege on Earth: the privilege and pride of being an American.ā€ 

I ask everyone to join Kamala Harris in fighting for the ideals she is fighting for. By defeating Trump, and electing Kamala Harris the nationā€™s 47th president, we will make both the United States, and the world, better and safer places for us all. Ā 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Project 2025: A time machine to send us back to invisibility

LGBTQ Americans a prime target of Trumpā€™s blueprint

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A think tank in Washington has built a time machine, an invention right out of H.G. Wellsā€™s science fiction. They call their Time Machine a ā€œtransition plan for the next conservative President.ā€ In fact, this plan is an invention designed to transport LGBTQ Americans back six decades to an unrecognizable landscape of isolation and invisibility. 

The Heritage Foundationā€™s Project 2025 is a policy and personnel database for MAGA warriors ready to take over all federal departments and agencies. LGBTQ Americans are nailed in ā€œPromise #1.ā€ Out of 992 pages, ā€œsexual orientationā€ is introduced on page four ā€” ahead of global threats, national sovereignty, the U.S. border and immigration issues, the economy, and ā€œGod-given individual rightsā€. 

ā€œThe next conservative President must make the institutions of American civil society hard targets for woke culture warriors,ā€ the Time Machine plan begins. ā€œThis starts with deleting the terms sexual orientation and gender identity, diversity, equity and inclusion, gender, gender equality, gender awareness, gender-sensitiveā€¦.out of every federal rule, agency regulation, contracts, grant regulation and piece of legislation that exists.ā€

Big governmentā€™s ā€œpurpose is to replace peoplesā€™ natural loves and loyalties with unnatural ones,ā€ according to the Time Machine that will enforce what is ā€œnatural lawā€ in politics and religious morality. It is ready to transport us back in time to Federal policy and personnel issues before sexual orientation, before gender awareness and our identity itself.

The fight for gay and lesbian civil equality began on the battlefield of the U.S. Civil Service Commission. Decades of investigations and ruined lives were rooted in the language of federal personnel policy. Words like ā€œrevulsion,ā€ ā€œnotorious,ā€ and ā€œnastyā€ morphed into the numbing regulatory-speak of ā€œproper metonyms,ā€ ā€œsuitabilityā€ and ā€œovert conduct.ā€ Prior to Stonewall, the struggle for equality began in Washington with hard-fought litigation and individual plaintiffā€™s challenges to federal personnel policy preserved today in the briefs, opinions, activistsā€™ letters and declassified memos in the National Archives. For gay men and lesbians in the day, it was a brutal fight to build a new world of equality and shared legal status.

The Civil Service Commission Chairman John W. Macy (1917-1986), Lyndon Johnsonā€™s ā€œpersonnel man,ā€ in 1966 cut to the core of the federal ban on gay and lesbian employment in a three-page letter written to the Mattachine Society of Washington, D.C. Macyā€™s letter can be summarized as follows: you donā€™t exist.

ā€œWe do not subscribe to the view, which indeed is the rock upon which the Mattachine is founded, that ā€œhomosexualā€ is a proper metonym for an individual. Rather we consider the term ā€œhomosexualā€ to be properly used as an adjective to describe the nature of overt sexual relations or conductā€¦ We see no third sex, no oppressed minority or secret society, but only individuals, and we judge their suitability for Federal employment in the light of their overt conduct.ā€

The world of John Macy is where the Heritage Time Machine will land. Homosexual is not the right ā€œmetonymā€ (oh, please), his figure of speech for human beings. You are not a noun. You are an adjective! You are a conduct, not an ā€œoppressed minority.ā€ There is no such thing as ā€œsexual orientation.ā€ The significance of the formal apology of the United States government delivered in 2009 by the Office of Personnel Management (OPM) Director to Mattachine Society President Frank Kameny, would be deleted. ā€œI am writing today that this policy (of discrimination) which was at odds with the bedrock principles underlying the merit-based civil service, has been repudiated by the U.S. Government, due in large part to your determination,  lifeā€™s work, and to the thousands of Americans whose advocacy your words have inspired.ā€ John Berry, OPM Director, continued, ā€œI am happy to inform you that the memorandum signed by President Obama directs the OPM to issue guidance to all executive departments and agencies regarding their obligations to comply with these rules and regulations.ā€ 

For LGBTQ Americans, our greatest achievement was the establishment of identity. We are a community, a people with a shared legal status facing discrimination and hundreds of anti-LGBTQ bills from state legislatures nationwide. There is a moment when the Time Traveler in Wellsā€™s story ā€œThe Time Machineā€ is terrified to find himself stranded in another era. ā€œAt once like a lash across the face, came the possibility of losing my own age, of being left helpless in this strange new world.ā€ With the Project 2025 Time Machine, we face that real possibility.

ā€œHistory is written by the winners,ā€ said Donald Trumpā€™s Attorney General William Barr after the Justice Departmentā€™s decision to drop charges against Trumpā€™s former National Security Adviser Michael Flynn for lying to the FBI about his contacts with the Russian Ambassador. It was actually George Orwell who wrote, ā€œhistory is written by the winners.ā€ Barr knows his Orwell. ā€œSo it largely depends upon whom is writing the history,ā€ concluded Barr.  Will that be Heritage, or us?

Charles Francis is president of the Mattachine Society of Washington, D.C. and author of ā€˜Archive Activism: Memoir of a ā€˜Uniquely Nastyā€™ Journey.ā€™

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We now know ā€˜size mattersā€™ to Donald Trump

Harris continues to electrify Democrats and pile up endorsements

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Vice President Kamala Harris walks backstage at the 2024 Democratic National Convention in Chicago. (Washington Blade photo by Michael Key)

Funny to read the debate about who has the bigger one. Trump keeps saying he does. Clearly it matters to him. Then you hear Democrats saying no, Harris does. One has to remember they are both referring to political rallies. Democrats are right, Harris has the bigger ones. 

Again, we can laugh at this, but the reality for Democrats is this is screwing with Trumpā€™s mind, and the size of the Harris/Walz rallies is a clear sign of the renewed energy that has consumed the party since Harris became the candidate and named Walz her running mate. This kind of joyful energy has clearly been missing.

Democrats now have their work cut out for them to ensure it continues for the next two and a half months. The result will be large numbers coming out to vote on Nov. 5. And all this was happening even before the Democratic convention began. It started with Harrisā€™s first rally in Atlanta after Biden dropped out, and endorsed her. Then it continued in Philadelphia after she named Minnesota Gov. Tim Walz as her choice for vice president, and did a joint rally with him. Since then, the large crowds have kept coming. Democrats saw them as they moved on to Michigan and then Wisconsin. What is really promising are the endorsements Harris is getting as she travels to her rallies. The first one came before her rally in Arizona. For the first time in its history, the League of United Latin American Citizens (LULAC), the oldest organization representing Latinos, founded in 1929, has endorsed a presidential candidate, Harris. LULACā€™s mission ā€œis to advance the economic condition, educational attainment, political influence, housing, health and civil rights of the Hispanic population of the United States.ā€ They clearly see Harris as the person to help them achieve their mission.

Then just before Harris and Walz appeared at another huge rally in Nevada, Harris won the endorsement of the Culinary Union, in existence for nearly 90 years. Itā€™s the largest organization of working women in Nevada, and as the endorsement noted, ā€œthe chance to elect the first Black and South Asian woman president of the USA is both energizing and historic, and we are ready to make history together.ā€ The union represents 60,000 workers in Las Vegas and Reno. The Culinary Union is Nevadaā€™s largest Latinx/Black/AAPI/immigrant organization with members who come from 178 countries and speak more than 40 different languages.

All this energy is clearly making a difference. The respected Cook Political Report moved Georgia, Nevada and Arizona, from leaning Republican, to toss-up. Then the NY Times/Sienna poll showed Harris up by 4% in Michigan, Wisconsin, and Pennsylvania. All of this is a huge change in just a few weeks. Harris then campaigned in Raleigh, N.C., on Friday, Aug. 16 where she outlined some basic economic proposals. Greeting her there was a new Cook Political Report poll, which showed she had a one-point lead in North Carolina, putting the state squarely back in the swing state category.

Then on Monday, the Democratic National Convention, being held in Chicago, began. Its first day honored President Joe Biden. He was honored for more than 50 years of public service, which began when he was first elected to the New Castle County Council, Delaware, in 1970. He will leave a positive legacy not matched by many in our countryā€™s history. In his gracious speech, he turned the party, and the mantel of leadership, over to Kamala Harris. In doing so he continues to serve the country. We heard from the incredible Hillary Rodham Clinton, who received a well-deserved lengthy standing ovation, as she talked about finally seeing Kamala Harris break that glass ceiling. Over the next few days, two more presidents will endorse Harris. Trump couldnā€™t even get his own vice president to endorse him. The Democratsā€™ only problem is how to schedule so many great speakers for prime-time TV coverage. There is a wealth of talent wanting to speak for Harris and Walz. Democrats will be speaking directly to young people, to women, to the LGBTQ community, to African Americans, Latinos, and Asians and to every American.

I have been to five conventions. The first as a 17-year-old in Atlantic City in 1964 that nominated Lyndon Johnson. The last, the history making one in Philadelphia in 2016, where the first woman to lead a major party ticket, Hillary Clinton, was nominated. This one I will watch on TV, but it is no less exciting. While Trump continues to worry about size, Kamala Harris will win this election. Then on Jan. 20, 2025 she will be sworn in as the 47th president of the United States of America.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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