Maggie Baska

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2021 becomes worst year for anti-LGBT+ legislation in US history

More anti-LGBT+ legislation has been enacted in the US this year than any other year in history, marking a sad milestone for LGBT+ Americans.

With the enactment of two anti-LGBT+ laws over the weekend, Montana officially broke the record for the most anti-LGBT+ legislation enacted in a calendar year in the US.

So far this year, 17 anti-LGBT+ bills have passed into law, according to the Human Rights Campaign (HRC). The previous record, 15, was set in 2015.

HRC also warned that an additional 11 anti-LGBT+ bills are sitting on governors’ desks waiting to be signed into law or vetoed while dozens more are moving through state legislatures across the country.

Alphonso David, HRC’s president, said the rights of LGBT+ people – especially trans individuals – across the US are being “systematically threatened and undermined by national anti-LGBTQ groups” who are “coordinating with anti-equality lawmakers to wage an unprecedented war” on the LGBT+ community.

Of the 17 bills passed this year, a majority are laws prohibiting trans athletes from participating in women’s and girls’ sports. In 2021, seven anti-trans sports bills passed into law in Arkansas, Alabama, Tennessee, Mississippi, Montana and West Virginia.

There were four religious refusal bills that passed into law in Arkansas, Montana and South Dakota. Such bills allow individuals and businesses to openly discriminate against LGBT+ individuals under the guise of religious freedom. Tennessee and Montana each passed an anti-LGBT+ education bill, and Arkansas passed a cruel law that bans gender-affirming healthcare for trans youth.

State legislatures have enacted more anti-LGBT+ laws in 2021 than in the last three years combined. Only two anti-LGBT+ bills were signed into law in 2018, seven in 2019 and four in 2020 – a total of 13 bills over three years.

David added some of the bills which have been introduced in state legislatures in 2021 are “similar to or even worse” than anti-LGBT+ legislation that was “rejected in previous years”. David said the slew of anti-LGBT+ legislation sweeping the US proved this “crisis cannot be ignored” and “necessitates concrete action from all those with the ability to speak out”.

“These bills are not only harmful and discriminatory but also represent a failure in our democracy and the commitment elected officials make to protect and serve their constituents,” David said. “Now is not the time for reluctance or passivity, it is time to take urgent action to protect the basic rights and humanity of LGBTQ people in America.”

HRC said more than 250 anti-LGBT+ bills have been introduced in state legislatures in 2021, with many unfairly targeting the trans community.

At least 69 bills would prohibit trans youth from participating in sports consistent with their gender identity. A further 35 bills would prohibit trans youth from being able to access gender-affirming medical care. At least 15 bills would prohibit trans people from having access to restrooms, locker rooms or other public facilities consistent with their gender identity.

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Vermont becomes 13th state to officially ban gay and trans panic defenses

Vermont has banned gay and trans panic defences, marking a major victory for the state’s LGBT+ community.

Republican governor Phil Scott signed H 128 into law on Wednesday (5 May) after the state legislature nearly unanimously passed it earlier this year. The legislation prohibits the usage of a victim’s gender identity or sexual orientation as a justification for the criminal actions of a defendant.

The decades-old legal strategy, commonly known as the LGBT+ “panic defence”, asks a jury to find that a victim’s sexual orientation or gender identity is to blame for another person’s violent reaction, including murder. It can also be used to lessen charges or shorten the sentences of a defendant.

Scott said in a video message posted on YouTube that the ban on panic defences will send a “message to Vermonters that your identity should never be an excuse for someone to cause you harm”. He also added the bill will “make sure a victim’s sexual orientation or gender identity can’t be used to defend or justify a criminal act or lower a sentence”.

“While this effort is a step in the right direction, we know there is still more work to do to ensure all Vermonters regardless of identity feel safe and protected in our state, and I look forward to continuing our work together in the future,” Scott said.

He also acknowledged the hard work of the LGBTQIA Alliance of Vermont and the Pride Center of Vermont, who have “been advocating for change and equality for years”.

Democrat representative Taylor Small, who is the state’s first openly trans legislator, celebrated the historic moment for Vermont on Twitter. She said she is “grateful for the unanimous support of both the legislative and executive branches in effectively passing H 128”.

Vermont joins 12 other states as well as Washington DC in banning the LGBT+ “panic” defence. The other states which prohibit the use of LGBT+ “panic” legal defences include California, Illinois, Rhode Island, Nevada, Maine, Connecticut, Hawaii, New York, New Jersey, Washington, Colorado and Virginia.

Maryland lawmakers signed legislation to outlaw the “panic” defence earlier this year. The bill passed its third reading 47-0 this month. The measure is still awaiting Republican governor Larry Hogan’s signature, according to the Washington Blade.

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LA governor vows to veto bills discriminating against trans kids

Louisiana governor John Bel Edwards has promised to veto any “unnecessary” and “discriminatory” legislation targeting “fragile” trans youth that winds up on his desk.

The Democrat said in a press conference on Monday (19 April) he would oppose bills seeking to ban trans youth in sports, as well as a proposal that would make it illegal for trans minors to access vital gender-affirming medical treatment. Edwards called both measures “unnecessary and discriminatory”, adding that he’s “hopeful” the state’s legislature “will not seek to advance those bills”.

“I am really concerned about emotionally fragile people and the idea that the weight of the state would be put behind something that to me is unnecessary and discriminatory and very hurtful for those individuals when there’s not a compelling reason to do it,” Edwards said.

He also said the proposals would have an “adverse impact to the state” should they be brought into law.

AP reported that New Orleans, Louisiana is scheduled to host the National Collegiate Athletic Association’s (NCAA) Final Four basketball tournament in 2022. The NCAA has issued a statement declaring its support for trans student-athletes and said it will choose locations for its tournaments where “hosts can commit to providing an environment that is safe, healthy and free of discrimination”.

Two of the four Louisiana lawmakers sponsoring the bans on trans athletes in school sports have said they intend to move the bills forward despite this.

Republican senator Beth Mizel told the LA Illuminator that the state should “not let the NCAA or any other special interest group tell us what to do”. She claimed any group that said they would boycott the state should the anti-trans bills pass into law was practising a kind of “extortion”.

Louisiana lawmakers introduced four anti-trans measures thus far in 2021. Two bills – Senate Bill 104 and House Bill 575 – would ban trans minors under the age of 18 from receiving healthcare and mental health services related to their gender identity.

SB 104 would require trans youth to get permission from their parents before pursuing any gender-affirming care, including counselling.

HB 575 would prohibit trans minors from getting any prescriptions for drug therapy or even gender-affirming surgery even if they have the permission of their parents. The bill would also force school staff to out trans students to their parents. If it were to pass into law, it would criminalise anyone that provides gender-affirming care to trans minors with a two-year prison sentence or a $10,000 fine.

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AZ bill that would let parents stop kids from learning about queer people

Arizona Republicans have passed an anti-LGBT+ bill that would allow parents to stop their kids from learning about queer people.

SB 1456 would require the “school governing board to develop procedures by which parents will be notified in advance, and given the opportunity to opt their children into, any instruction regarding sexuality, gender identity or gender expression”. The bill would also prohibit schools from providing sex-ed classes which include information about AIDS and HIV without parent’s permission.

The new legislation comes just two years after Arizona state lawmakers overturned a different law that prevented LGBT+ students from receiving medically accurate information in classes at school. The law, which had been on the books since 1991, banned any instruction that “promotes a homosexual lifestyle”, “portrays homosexuality as a positive alternative lifestyle” and “suggests that some methods of sex are safe methods of homosexual sex”.

But it looks like sadly the new LGBT+ will be passed into law. SB 1456 passed through the state’s Republican-controlled House in a 31-28 party-line vote on Wednesday (14 April), according to Tuscon.com. It already passed through the Arizona Senate in March and now goes to Republicangovernor Doug Ducey to be signed into law.

Cathi Herrod, the president of the Center for Arizona Policy – the group backing the anti-LGBT+ bill, said it is about ensuring parents have control over what their children are taught. Harrod told AP: “The purpose of [SB 1456] is to look out for parental rights, to ensure that parents have access to learning materials, that parents have the opportunity to opt their child into classes dealing with human sexuality.”

She argued the bill won’t “stop [LGBT+ issues] from being addressed” but will give parents the “opportunity to make that decision to opt their students in to classroom discussion”.

However, the bill has received fierce opposition from Democrats who argued the bill is harmful to LGBT+ students. The Arizona Democratic Party tweeted that the “extreme anti-LGBTQ bill” will “put young people in danger and effectively put a gag order on educators from teaching ANYTHING related to the LGBTQ community”. The party also called on governor Ducey to veto the bill.

Kathy Hoffman, Arizona superintendent of public instruction, released a statement on Twitter condemning the bill. She wrote Arizona has taken a “giant step backward” in LGBT+ equality by passing SB 1456.

“This legislation is nothing short of state-codified bigotry and does not reflect where most Arizonans stand on these issues,” Hoffman said. “This legislation will one again silence and erase LGBTQ individuals and their history in our schools – and it will harm students and families.”

Richie Taylor, the communications director for the Arizona department of education and Hoffman, shared the devastating impact the new bill would have on LGBT+ young people in the state. He said: “Growing up gay in rural Arizona was hard.

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One in six homeless LGBT+ youth have been sexually abused by family members, report finds

LGBT+ youth are being forced into homelessness after sexual abuse from family members, a shocking report confirms, with many having casual sex to keep a roof over their head while homeless.

Almost a fifth (17 per cent) of LGBT+ young people surveyed by LGBT+ youth homelessness charity akt said they felt like they had to have casual sex to find somewhere to stay while they were homeless. A similar number (16 per cent) said they engaged in sex work as a direct result of being made homeless.

The charity asked 161 LGBTQ+ young people about their experiences of homelessness in the last five years in the UK. Almost a quarter (24 per cent) said they experienced being homeless for one to three months, while 21 per cent experienced up to six months of being homeless. Almost three per cent said they had been homeless for over three years.

The damning report found that many LGBT+ young people experienced sexual abuse before being made homeless. One in six (16 per cent) said they were forced by family members to do sexual acts before they became homeless. The same number said they experienced this with a romantic partner.

Sadly, the akt report found abuse was prevalent in other areas. Two-thirds (66 per cent) of LGBT+ young homeless people said they were repeatedly belittled by family members to the point they felt worthless, and a similar number (61 per cent) said they felt frightened or threatened by their family before they became homeless.

Half (50 per cent) said, before they were homeless, they feared expressing their LGBT+ identity to their family would result in them being evicted.

Tim Sigsworth, chief executive of akt, and Terry Stacy, chair, said in a joint statement that the tragic report provided evidence for rethinking how organisations and the UK government support young LGBT+ people at risk of homelessness.

The charity called for the government to introduce “mandatory monitoring of gender and sexuality as a first vital step across housing and homelessness services” which it said would lead to “faster and more responsive interventions”.

akt said there also needed to be a “stronger emphasis on prevention focused intervention” to limit the long-term impacts of homelessness including “poor mental health and perpetual journeys of abuse”.

Rick Henderson, CEO of Homeless Link, said the akt research shows the “abuse many LGBTQ+ young people experience in their family home”. He said the experience of homelessness is “isolating and can inhibit young people’s opportunities to build relationships and communities with their peers”.

“This report shines a light on the experiences of abuse, discrimination and suffering faced by young people who are marginalised due to their sexuality or gender identity,” Henderson said.

“While there is extensive research about how early experiences of adversity impact on health and social welfare, this research provides an explicit picture of how these experiences lead to and sustain young LGBTQ+ people’s homelessness and risk of further abuse and exploitation.”

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White House isn’t ruling out legal action against cruel anti-trans bills

The White House is not ruling out any legal action being taken in the future against states in which lawmakers are pushing anti-trans laws, including banning transgender athletes from female sports teams.

Press secretary Jen Psaki said Thursday (8 April) that president Joe Bidenwould continue to advocate for LGBT+ rights amid the flurry of new state laws against trans youth. But she stopped short of committing to any legal action against them.

Chris Johnson, the White House correspondent for the Washington Blade, asked Psaki if Biden would “reach out to the attorney general” to begin legal action against states which enacted anti-trans bills. He pointed out that state legislatures had been ‘warned’ that “anti-transgender bills are an illegal form of sex discrimination”.

Johnson specifically cited the actions of the Arkansas legislature, which overrode its governor’s veto to pass an anti-trans healthcare bill. The cruel ban, which passed into law on Tuesday (6 April), makes it illegal for healthcare professionals in Arkansas to offer gender-affirming care like puberty blockers and hormone treatment to trans youth.

Arkansas has also become the second state to ban transgender athletes from female sports teams. Mississippi’s governor has also signed a law banning transgender athletes from girls’ school sports.

Psaki said she can’t “stand here and predict legal action” as the ultimate decision on if action would go forward lies with the Justice Department and attorney general, Merrick Garland. However, she said Joe Biden remains committed to advocating for LGBT+ rights and transgender equality in the US.

“What I can say is that the president’s view is that all persons should receive equal treatment under law, no matter their gender identity or sexual orientation,” Psaki said.

“That’s fundamental to how he will make laws — advocate for laws, I should say; how he will communicate about his views on the rights of transgender individuals in the country; and certainly, you know, what his view is as it relates to any actions by the government.”

In a follow-up question, Johnson asked if Biden would engage in communication with Garland about the anti-trans legislation. Psaki said the president “certainly can”, but she reiterated: “I don’t have anything to predict for you at this time.”

Garland has said he will advocate for stronger protections for trans Americans. In a hearing before the Senate about his nomination to the office of the attorney general, he promised to combat violence against the trans committee, especially Black, trans women, in the US.

He said it was the “job of the Justice Department to stop” the murders of transgender Americans and protect trans youth. Garland said: “It’s clear to me that this kind of hateful activity has to stop, and yes, we need to put resources into it.”

But in the same hearing, Garland dodged questions about bans on transgender athletes being included in girls’ and women’s sports. He declined to comment on questions, saying he hasn’t had the “chance to consider these kinds of issues” in his career.

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Queer Black lawmaker won’t be charged after arrest for knocking on governor’s door

Georgia lawmaker Park Cannon has vowed to continue knocking on the “doors of injustice” after it was confirmed she will not be prosecuted for knocking on the governor’s door.

Cannon, an out, Black state representative, was arrested and forcibly removed from Georgia’s state capitol building  for knocking on governor Brian Kemp’s door as he signed a voting bill that has been condemned as racist. She was subsequently charged with obstruction of law enforcement and disrupting the general assembly.

Two weeks after her arrest, Fani Willis, district attorney of Fulton County, Georgia, said the office will not file charges against Cannon, telling the Atlanta Journal-Constitution that she considers the case closed after reviewing the evidence surrounding her arrest on 25 March.

“While some of Rep. Cannon’s colleagues and the police officers involved may have found her behaviour annoying, such sentiment does not justify a presentment to a grand jury of the allegations in the arrest warrants or any other felony charges,” Willis said.

Park Cannon tweeted following the news she would not be prosecuted: “Doors of injustice are everywhere, and we cannot stop knocking.”

Gerald Griggs, an Atlanta attorney who is representing Cannon, welcomed the news.

He said the “facts and evidence showed to the world” that Cannon “committed no crime and should not have been arrested”.

He added: “We thank the district attorney for her thorough review of the evidence and are weighing our next legal actions.”

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North Carolina Republicans want to force teachers to out gender non-conforming children to parents

Three North Carolina Republican lawmakers have introduced a bill that would force teachers to out any trans or gender non-conforming child to their parents.

Senate Bill 514 would make it illegal for any “government agents” to not “immediately” inform the parents or legal guardians of any child or young adult if that “minor under its care or supervision has exhibited symptoms of gender dysphoria, gender nonconformity, or otherwise demonstrates a desire to be treated in a manner incongruent with the minor’s sex”.

This would compel any state employee, teacher, volunteer or contractor of a school district in North Carolina to out trans students under the age of 21 to their parents.

The bill – introduced by Republican senators Ralph Hise, Warren Daniel and Norman Sanderson – will also prevent doctors and other healthcare professionals from giving gender affirming care to trans youth under the age of 21. This includes performing gender affirming surgeries and administering puberty blockers, testosterone or estrogen.

Under the bill, medical professionals who provide gender affirming treatment to trans patients could have their license revoked and face a civil penalty of up to $1,000 per occurrence.

Kendra R Johnson, executive director of Equality NC, said in a statement that it is “heartbreaking” – but “not unexpected” – to see these “direct, repeated attacks” against trans and gender non-conforming youth in North Carolina.

“These attempts to control the bodies and medical decisions of parents and their transgender children are invasive, inappropriate and outright dangerous,” Johnson said. “Decisions about a child’s medical welfare should be made between that child, their doctor, and their parents or guardians – not lawmakers.”

She added that it is the “job of all lawmakers” to thoroughly understand the “entirety of their constituency” and “mitigate challenges instead of creating barriers”. Johnson said: “We cannot legislate the transgender community out of existence.”

Chantal Stevens, executive director of the ACLU of North Carolina, added SB 514 is the latest in a “series of coordinated attacks on healthcare access” for LGBT+ youth across the US. She explained the “true aim” of such legislation is to “push trans and non-binary people out of public life”.

“Not only are these bills rooted in falsehoods, hate and fear-mongering, but they also invade the private interactions between each of us and our medical providers,” Stevens said.

The North Carolina bill comes after Arkansas became the first state to ban gender-affirming healthcare for trans youth. The Arkansas bill was passed by the state’s House of Representatives and Senate in March before making its way to governor Asa Hutchinson for approval. However, Hutchinson vetoed the bill on Monday (5 April), saying it was a “vast government overreach”.

But on Tuesday (6 April), the Republican-controlled House and Senate voted to override Hutchinson’s veto, meaning the bill will be passed into law.

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TN bill seeking to ban books ‘normalizing or supporting’ LGBT+ people inches closer to reality

A bill that would ban books that promote “LGBT issues and lifestyles” in public schools in Tennessee is inching closer to becoming law.

HB 800 would prohibit public schools in Tennessee from using books or teaching materials that “promote, normalise, support or address controversial issues” – like LGBT+ issues or lifestyles or gender identity – are “inappropriate”.

The bill said the promotion of “LGBT issues and lifestyles” should face the same restrictions “placed on the teaching of religion in public schools”. It added that educational materials that promote LGBT+ issues and lifestyles in public schools offends a “significant portion of students’ parents and Tennessee residents with Christian values”.

Republican congressman Bruce Griffey, who introduced the bill, spoke in favour of the bill before other lawmakers at the state capitol. He said he doesn’t want the “state of Tennessee teaching my daughters about sex and lifestyle changes”. Griffey added: “The state of Tennessee is not allowed to teach my Christian values that I think are important and they should learn so I teach those at home.

“If those are not a part of the school curriculum, I don’t see how LGBTQ and other issues of social lifestyles should be part of the curriculum.

“So what this bill simply seeks to do is to limit that so neither side has an unfair advantage over the other regarding what’s being taught in schools to our children.”

The bill passed the Tennessee House education instruction subcommittee by a 6-3 vote, and it will now inch closer to becoming reality. If the bill does eventually get passed into law, it would go into effect in July and would be implemented in schools for the 2021-2022 school year.

In an opinion piece for The Tennessean, Patrick R Grzanka, an associate professor of psychology from the University of Tennessee, Knoxville, said HB 800 would “erase LGBT people and issues from public school curricula completely, scrubbing them from human civilization”.

He wrote: “Alan Turing and the history of modern computing? Gone. LGBT activists and the development of antiretroviral drugs to combat the AIDS pandemic? Nope.

“Bayard Rustin’s role in the civil rights movement? Not allowed. Who knows what this even means for literature, music, and art, but I think it’s safe to say that Virginia Woolf and James Baldwin are out.”

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South Dakota governor signs chilling order banning trans girls from playing sports

Republican governor Kristi Noem has issued two executive orders to prohibit trans girls from playing on girls’ and women’s sports teams in South Dakota.

Noem partially vetoed HB 1217 – also known as the Fairness in Women’s Sports bill – which would ban trans women athletes from playing in sports teams that align with their gender identity. The move shocked her conservative supporters as Noem had been a staunch supporter of the bill.

During an appearance on Tucker Carlson Tonight, Noem explained that she rejected the bill in its current form over fear that the National Collegiate Athletic Association (NCAA) would seek punitive action if it was passed. She argued that she declined the bill unless several stylistic changes are made.

However, the South Dakota state legislature voted Monday (29 March) to reject Noem’s “style and form” veto of the trans athlete bill, by a 67-2 vote. Republican congressmen Fred Deutsch wrote on Twitter: “Vote to pass the governor’s style and form veto on the Fairness for [Women’s] Sports bill fails 2-67.

“The bill now goes back to the governor for her to either sign or veto. House believes her style-and-form is unconstitutional.”

On the same day, Kristi Noem announced two executive orders would be put in place in South Dakota to ban trans athletes from participating in school sports as their correct gender. Noem said on Twitter: “Only girls should play girls’ sports.

“Given the legislature’s failure to accept my proposed revisions to HR 1217, I am immediately signing two executive orders to address this issue: one to protect fairness in K-12 athletics, and another to do so in college athletics.”

She added that she will be working with state lawmakers to “schedule a special legislative session in late May or early June” to address “this important issue” as well as “medical marijuana” and federal spending.

Under the new executive order, the department of education and the board of regents in South Dakota will need to ensure that publicly-funded K-12 school districts, colleges and universities restrict participation in girls’ and women’s sports to athletes who can prove their assigned sex at birth.

The ACLU of South Dakota vowed on Twitter that it will not “stop defending the right for everyone to live and thrive” in the state. It posted an image with text on it that read: “The fight isn’t over. If only for a moment, we were able to take a deep sigh of relief.”

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