FEATURE ARTICLES

ANTI-LGBTQ LAWS AND PROPOSED LEGISLATION CONTINUE IN HIGH NUMBERS

By: Al Ballesteros
Photo by: Zimmytws | Dreamstime.com

2024 is a Presidential Election Year. Regardless of what political party you belong to, it is important to participate in the political process and exercise your right to vote. Elected leaders listen to their constituency based on participation and numbers. In order for our voices to be heard and our needs to be met, numbers count. Therefore, it is important that we are registered to vote, when we are able. We must also become educated on the issues that present themselves in ballot measures just as we must elect those people who are understanding and supportive of our issues and concerns.

There is a lot coming at us. Just turn your TV to conservative news channels and you will see that our community seems to be the “punching bag” for politicians wanting to make points with their audiences. In fact, it is sad that last year in 2023 and continuing this year, state legislators across the country introduced and passed a record-breaking number of legislative efforts targeting LGBTQ healthcare, access to public accommodations, inclusion in education, and more.

According to the American Civil Liberties Union at least 508 bills impacting our community were introduced in 2023 and 84 of these bills were passed into law. The vast majority of legislation passed has impacted gender-affirming care for minors blocking trans youth from accessing treatments in some cases including puberty blockers, hormone therapy, and surgeries. There were also many anti-trans laws passed and many more are proposed and pending votes. There were laws passed banning the flying of the Rainbow Flag such as what happened in the City of Downey, California.

The State of Georgia banned doctors from starting hormone therapy for transgender youth under the age of 18. The bill, SB 140 allows doctors to prescribe puberty-blocking medications, and it allows minors who are already receiving hormone therapy to continue. But it bans any new patients under 18 from starting hormone therapy. It also bans most gender-affirming surgeries for transgender people under 18. (Source: PBS, 9/5/23). Major national medical associations, including the American Academy of Pediatrics, the American Medical Association, the American Academy of Child and Adolescent Psychiatry, and over 20 more agree that gender-affirming care is safe, effective, beneficial, and medically necessary.

It is well documented that Transgender youth are more likely to experience anxiety, depressed mood, and suicidal ideation and attempts, often due to gender-related discrimination and gender dysphoria, according to the CDC. Gender-affirming hormone therapy has been proven to improve the mental health of transgender adolescents and teenagers, according to a recent study in the New England Journal of Medicine.

At least 14 laws impacting the LGBTQ community, including restrictions on drag performances, LGBTQ content in schools and gender-affirming care are in the midst of court battles.

The Ohio legislature passed a bill restricting certain transgender rights for minors. This bill is currently being challenged by the ACLU Ohio and began court proceedings on July 15, 2024.

In Wisconsin in 2023, the legislature passed a law restricting transgender participation in sports. However, Democratic Gov. Tony Evers vetoed the bill. But that fight certainly will continue.

In 2024, anti-trans bills continue to be introduced across the country. According to Trans Legislation Tracker, 625 bills were introduced in 43 states with 47 passing. Some of the bills, which have passed in the legislatures of various States, are as follows (source: Trans Legislation Tracker).

Alabama SB129, Bathroom: “Each public institution of higher education shall ensure that every multiple occupancy restroom be designated for use by individuals based on their biological sex..”

Florida H1291, Educator Preparation Programs: “Teacher preparation program courses […] may not […] include a curriculum or instruction that teaches identity politics, violates s. 1000.05, or is based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.”

Idaho H0421 – Individual’s Sex: “In human beings, there are two, and only two, sexes: male and female; (2) Every individual is either male or female; (3) An individual’s sex can be observed or clinically verified at or before birth,..”

Idaho S1352-COUNSELORS AND THERAPISTS – “Adds to existing law to provide that a counselor or therapist practicing in Idaho shall not be required to counsel a client in support of goals, outcomes, or behaviors that conflict with the sincerely held religious, moral, or ethical principles of the counselor or therapist.”

Some of the anti-LGBTQ bills being watched (source: Trans Legislation Tracker).

USHB3101 – Traditional Passport Act, “to prohibit the issuance of a passport with any gender designation other than “male” or “female,” and for other purposes.”

USHB429 – No Tax Breaks for Radical Corporate Activism Act. “To amend the Internal Revenue Code of 1986 to deny the trade or business expense deduction for the reimbursement of employee costs of child gender transition procedure or travel to obtain an abortion.”

USHB4365 – Department of Defense Appropriations Act, 2024. “None of the funds made available by this Act may be used for surgical procedures or hormone therapies for the purposes of gender affirming care.”

USHB4398 – Patriotism Not Pride Act. “No Federal funds may be used by an agency to develop, organize, administer, engage in, promote, or endorse any activity, including any event, initiative, official communication, social media post, educational program, or public campaign, that aims to promote or recognize Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex..”

USHB5636 – Protect Children’s Innocence Act. “Whoever (…) knowingly performs any gender affirming care on a minor is guilty of a class C felony.”

USHB6728 – Save Women’s Sports Act of 2023. “To require public schools, and public institutions of higher education, athletic teams and clubs to be designated for membership based on biological sex, and for other purpose.”

USHB734 – Protection of Women and Girls in Sports Act of 2023. “To amend the Education Amendments of 1972 to provide that for purposes of determining compliance with Title IX of such Act in athletics, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth.”

In 2024 several states also passed additional protections for the LGBTQ community, including Minnesota, Michigan, New York, and California. New protections included historic civil rights amendments protecting LGBTQ+ people, bans on conversion therapy, cultural competency programs in schools, and more.

The Equality Act, which would protect LGBTQ+ people from discrimination on a federal level. This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings. However, the act has yet to gain much traction in the US Congress.

Update on our local fights. We hope you all come out to the Downey Gay Pride celebration that will take place on August 10, 2024 from 4-10 p.m., in the City of Downey. The event is free and will take place in the historic section of Downtown Downey. It is important to show support for our community in a city that seems to be sliding backwards with respect to us.
For the last several issues, we have reported on the Downey City Council’s ban on the flying of the Rainbow Flag by a 3-2 vote on the City Council. Even as the city has a gay Mayor and one City Councilmember.

The above lists of anti-LGBTQ laws are just a small sampling of what is being put
forward out there in various states and at the federal level. We all should remain educated of this trend to take away our rights and become involved in our local, state and national politics.