Pro-LGBTQ Smokescreens for Anti-Muslim Attacks

Two activists with placards at London’s vigil in memory of the victims of the Orlando gay nightclub terror attack. Photo: Alisdare Hickson via Flickr.

In a press release issued after last year’s Pulse Nightclub massacre in Orlando, Florida, where a Muslim-American gunman killed 49 people at a gay dance club, Donald Trump said, “Hillary Clinton can never claim to be a friend of the gay community as long as she continues to support immigration policies that bring Islamic extremists to our country who suppress women, gays and anyone who doesn’t share their views.”

His solution? Ban Muslims.

“When I am elected,” he said, “I will suspend immigration from areas of the world when there is a proven history of terrorism against the United States, Europe or our allies.”

“I don’t want them in our country,” he declared. Less than a year later, Trump’s recent executive order—regarded by many as a “Muslim ban”—went into effect.

As Dylan Matthews reported in Vox, Trump’s post-Orlando rhetoric is a favorite trick of the European Far Right. The strategy of invoking LGBTQ rights as just cause for anti-Muslim policies first gained popularity in 2002 when Dutch activist Pim Fortuyn, an openly gay man, rose to political prominence based, in part, on his advocacy for zero immigration. Fortuyn, who aspired to be the Netherlands’ next Prime Minister, once argued, “In Holland, homosexuality is treated the same way as heterosexuality. In what Islamic country does that happen?”

Like Trump, Fortuyn was described as a demagogue and populist, and in the weeks leading up Holland’s 2002 election, a journalist for The Guardian observed, “Fortuyn believes he dares to say what most people are thinking. On 15 May he will discover whether his instincts are right. If they are, the ripples of his success will radiate far beyond the Netherlands’ borders.” But before the Dutch could cast their ballots, Fortuyn was assassinated by a lone shooter: a vegan animal rights activist who later confessed that he killed Fortuyn in order to “protect Muslims.”

Fortuyn’s contemporary, Geert Wilders, leader of the Netherlands’ far-right Party for Freedom, is keeping his mentor’s legacy alive, using the same twisted trade-off that pits gays (as well as women and Jews) against Muslims. In a recent op-ed, Wilders argued, “Islam is a totalitarian ideology. Muslims are its victims. … [T]he more Islamic apostates there are, the less misogyny, the less hatred of gays, the less anti-Semitism, the less oppression, the less terror and violence, and the more freedom there will be.”

Dubbed “the Dutch Donald Trump,” Wilders promises to return the Netherlands to its White, Christian roots. In a rare interview with NPR last December, Wilders said, “Donald Trump did the job in America, and I hope that here in Europe, we will see a patriotic spring in Holland and also in Germany, in France—in many other countries where parties like mine are getting stronger every day.”

While his European admirers cheer him on, Trump has issued an onslaught of regressive executive orders. His actions have encompassed a wide range of targets including health care, the environment, immigrants, refugees, and, of course, Muslims.

Shortly after last week’s anti-Muslim executive order, rumors began to circulate that LGBTQ people would be next on the list. The White House issued a statement indicating that Trump was not seeking to roll back the protections for LGBTQ federal workers that Obama established by way of executive order in 2014, but this small concession was no kind of victory. LGBTQ Muslims and LGBTQ immigrants are still squarely in the crosshairs of the Trump Administration, and outside of the federal workforce, LGBTQ workers in more than 20 states remain vulnerable to discrimination.

Meanwhile, a draft order on “religious freedom” obtained by The Nation on February 1 included language that would “create wholesale exemptions for people and organizations who claim religious objections to same-sex marriage, premarital sex, abortion, and trans identity.” Legal experts described the document as “sweeping” and “staggering,” and argued that it may be in violation of the Establishment Clause of the First Amendment to the Constitution.

The threat of the proposed First Amendment Defense Act (FADA) also looms. FADA is the most threatening chapter in the Christian Right’s ongoing effort to redefine religious freedom in order to impose oppressive ideologies and justify discrimination. The law, which Trump has vowed to pass, would open the door to widespread discrimination against LGBTQ people (and countless others) by granting legal protections to people, businesses, or institutions that believe “marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.” Specifically, it prevents the government from revoking tax-exempt status, issuing fines or penalties, canceling contracts or grants, or “otherwise discriminat[ing] against such a person.”

Any supposedly “pro-gay” concessions made by the Trump Administration should be seen for what they really are: a smokescreen through which to push through other regressive attacks on Muslims, immigrants, women, and other marginalized and threatened communities.

The ACLU’s Ian Thompson, a legislation representative specializing in LGBTQ policy, warns that FADA “would impact LGBTQ people everywhere,” even in states where LGBTQ people are otherwise protected by civil rights ordinances that include sexual orientation and gender identity.

So regardless of whether or not Trump moves forward with the draft religious freedom executive order (or something close to it), LGBTQ rights are still at grave risk, and any supposedly “pro-gay” concessions made by the Trump Administration should be seen for what they really are: a smokescreen through which to push through other regressive attacks on Muslims, immigrants, women, and other marginalized and threatened communities.

 

 

A Dystrumpian Vision for LGBTQ People

Co-authored by Scot Nakagawa

San Francisco City Hall. Photo: Tom Hilton via Flickr.

Many are called but few are chosen during any presidential transition. That’s why it’s illuminating to consider who Donald Trump has chosen from the parade of possibilities for his transition team and senior administration appointments so far— and what they may portend for LGBTQ people.

The Christian Right, with few exceptions, backed the Trump ticket, with over 80 percent of White evangelicals voting for him, and now they’re being rewarded with traditional forms of political patronage. They’re scoring major appointments and have won a say in personnel and policy decisions on a scale far surpassing anything seen since the movement first arrived in Washington with the Reagan administration in 1980.

Since Trump himself has never held the kinds of values or displayed the kind of personal behavior prized by conservative Christians—and barely passes as any kind of a Christian at all—he and his backers needed a theological rationale for the Christian Right’s support. They found justification in biblical examples of God-anointed leaders who were ungodly themselves but who nevertheless delivered for God’s people. Christian Right leaders presented Trump in this way, it was broadly accepted by their followers, and Trump is now evidently making good on the deal.

Let’s look first at two early warnings from which all the rest flows.

The first is an important campaign promise affecting LGBTQ people. In November 2016, Trump told 60 Minutes that he was “fine” with gay marriage; at the Republican National Convention he described himself as “a supporter” of the LGBTQ community, and said he considers marriage equality a “settled” matter. But none of those statements amount to promises to LGBTQ people, to whom he is sending mixed messages He has also promised the Christian Right he would consider appointing justices who would overturn Obergefell v. Hodges, the decision that guarantees same-sex couples the right to marry.

Secondly, Trump has also positioned himself in the camp of establishing dangerously broad religious exemptions from all laws aimed at ensuring LGBTQ civil rights. He promised he would sign the First Amendment Defense Act (FADA) if it reached his desk. FADA, which was first introduced in 2015 and now has substantial support in both houses of Congress, would legalize discrimination in the name of “religious belief or moral conviction,” requiring nothing more than someone’s say so. The scope of the Act appears to primarily affect government departments and agencies, and federal contractors and grantees, including entities that may require federal accreditation or licensing, such as universities and hospitals. And maybe more.

Under FADA, denial of service could take many forms beyond matters of wedding cakes, flowers, and photographers, to include allowing hospitals to refuse treatment to LGBTQ people (or their children), businesses to refuse health benefits to a same-sex partner, and child welfare workers to keep a child in foster care as opposed to placing them with a loving and qualified same-sex couple. If that’s not enough, FADA exempts non-profit organizations and businesses from non-discrimination standards. The proposal’s implications go well beyond issues of direct discrimination. FADA might allow federal employees to refuse being involved in processing federal benefits and rights claims to which they conscientiously object, such as any involving married same-sex couples. The bill exempts “any person regardless of religious affiliation, including corporations and other entities regardless of for-profit or nonprofit status” from following non-discrimination codes on the basis of religious beliefs.

If this is the benchmark approach to policy (regardless of the immediate future of the legislation itself) the federal government will be leading efforts to reverse historic gains of recent decades—attacking the basis for LGBTQ freedom and the dignity and rights of everyone else for whom a religious justification for denying service can be made.

But there’s more.

Trump’s selection of Mike Pence as his vice president was a transformational moment in the campaign, and arguably in American history. Pence may be best known for his theocratic political identity, proudly explaining at the 2010 Values Voter Summit in 2010, for example, that he is “a Christian, a conservative, and a Republican, in that order.” Donald Trump, via his son Donald Jr., reportedly called an aide to his first choice for veep, Governor John Kasich of Ohio, and told him that a president Trump would put Kasich in charge of both foreign and domestic policy, while the president himself would be in charge of “making America great again.” Pence hasn’t said whether he got the same deal, but his role as chair of the transition team suggests that he is already among the most powerful vice presidents in American history.

This does not bode well.

Pence’s tenure as governor of Indiana was marked by his signing a version of the Religious Freedom Restoration Act, a law that would make discrimination against same-sex couples legally defensible. Pence signed the Act in the company of his state’s Christian Right leadership, marking him as a movement leader himself. Following national outcry, the legislature passed an amendment that explicitly stated that such discrimination was not the intent of the law.

Unsurprisingly, given both Trump and Pence’s history and views, much of the Christian Right agenda, particularly with regards to anything that affects LGBTQ people, will probably come wrapped in the flag of religious freedom. Some leading indicators of the direction the administration will take in this regard are visible in the transition team that’s proposing staff for the new administration and the appointments and nominations that have resulted from their work so far.

Ken Blackwell heads domestic issues for the transition team. A longtime Christian Right pol from Ohio, he is Senior Fellow for Human Rights and Constitutional Governance at the Family Research Council, the leading Christian Right lobby in Washington, D.C. Blackwell also serves on the board of the Becket Fund for Religious Liberty, a Christian Right legal group that promotes religion based exemptions from the law.

Ed Meese leads the transition team for the Office of Management and Budget. He is one of the architects of FADA and served as Attorney General in the Reagan administration. He is joined by Kay Cole James, the former dean of the Pat Robertson School of Government at Regent University and a former head of the federal Office of Personnel Management. These figures know how the federal government works and how to ensure their people are well represented among the 4,000 positions that need to be filled in the West Wing of the White House, and throughout the federal government over the course of the Trump administration and beyond.

Ken Klukowski serves on the part of the transition team focusing on executive authority, responsible for “protecting constitutional rights.” He is the senior counsel for the Texas-based First Liberty Institute (formerly the Liberty Institute), a leading Christian Right legal group focused on religious exemptions from the law, especially LGBTQ rights. He is also the senior legal editor for Breitbart News.

Dr. Ben Carson is one of twelve vice-chairs of the transition team and Trump’s nominee for Secretary of Housing and Urban Development (HUD). Carson is a Christian Right leader and anti-LGBTQ ideologue known for harsh rhetoric in support of his beliefs. Carson has associated being LGBTQ with polygamy, pedophilia, and bestiality. He thinks that transgender people are “the height of absurdity” and he claims that marriage equality is a Marxist plot that may lead the country to go the way of the Roman Empire. He has characterized the kind of public housing he would oversee at HUD as “communism” and as Secretary he could undermine if not reverse the Obama administration’s efforts to curb discrimination against LGBTQ people in housing.

Sen. Jeff Sessions (R-AL) is a vice-chair of the transition team and Trump’s nominee for Attorney General. A senior member of the Senate Judiciary Committee, Sessions is also a co-sponsor of FADA. The Huffington Post headlined an article about his nomination, “Pick Any LGBTQ Rights Issue. Jeff Sessions Has Voted Against It.” His Senate chief of staff, Rick Dearborn, is the executive director of the transition team.

Rep. Tom Price (R-GA) is nominated to be Secretary of the Department of Health and Human Services (HHS). Price’s House voting record received a 0% rating from the Human Rights Campaign. He is a co-sponsor of FADA and supports a constitutional amendment to overturn Obergefell v. Hodges.

Betsy DeVos, Trump’s nominee for Secretary of Education, is a longtime financier of Christian Right projects, particularly in the area of school privatization. Politico reports that DeVos has said her work in education is intended to “advance God’s kingdom.” She and her family, heirs to the Amway corporate fortune, have a long record of underwriting Christian Right and anti-LGBTQ projects and organizations for the same reason. They have donated hundreds of thousands of dollars to organizations that believe in “conversion therapy”; they are major backers of Focus on the Family, whose founder, James Dobson, called the battle against LGBTQ rights a “second civil war.” (Liberty University president Jerry Falwell Jr., who steadfastly supported Trump through the campaign, was Trump’s first choice for secretary. Falwell said he declined in order to attend to other obligations.)

President-elect Donald Trump’s transition team and top level appointments should be taken as clear indicators of the direction of the Trump administration with regard to the dignity and civil rights of LGBTQ people. And if past is prologue, what Mr. Trump says may not be nearly as important as what he does. Continued vigilance regarding what his appointees do in his name will be vital.

Frederick Clarkson is Senior Fellow at PRA. Scot Nakagawa is a Senior Partner of ChangeLab, a national racial justice think-act laboratory, and served as Fight the Right Organizer of the National LGBTQ Task Force.

Religious Freedom is a Progressive Value

To read press coverage about it, one might think that religious freedom is a concern only for religious and political conservatives, and not one of the most liberatory ideas in history. One would also think religious freedom and civil rights are at odds with one another.1)Joe Davidson, “Civil rights or religious liberty — what’s on top?,The Washington Post, September 9, 2016, https://www.washingtonpost.com/news/powerpost/wp/2016/09/09/commission-says-religious-liberty-should-not-top-civil-rights/. Indeed, U.S. history is filled with examples of such competing claims, as resistance to everything from African American civil rights to marriage equality have been cast as matters of religious freedom. But stepping back from the heat of our political moment, there is a different, more fully accurate, story to be told, one I think that as progressives, we need to know and be able to tell.

Click here to read PRA’s 2016 report, “When Exemption is the Rule: The Religious Freedom Strategy of the Christian Right.”

Religious freedom is a powerful idea—the stuff from which revolutions are sometimes made. It includes the right of individual conscience—to believe or not believe as we choose, without undue influence from government or powerful religious institutions, and to practice our beliefs free from the same constraints. It’s no surprise that the first part of the First Amendment guarantees freedom of belief. The right to believe differently from the rich and powerful is a prerequisite for free speech and a free press.2)Frederick Clarkson, When Exemption is the Rule: The Religious Freedom Strategy of the Christian Right, Political Research Associates, January 2016, http://www.politicalresearch.org/when-exemption-is-the-rule-the-religious-freedom-strategy-of-the-christian-right/. Grounding our politics, journalism, and scholarship in a clear understanding of what it means and where it came from could serve as both an inoculation and an answer to the distorted, self-serving claims of the Christian Right.

It was religious freedom that allowed for Quakers, evangelicals and Unitarians to lead the way in opposition to slavery in the 19th Century. Religious freedom also allowed Catholics and mainline Protestants to guide society in creating child labor laws early in the 20th Century, and later made it possible for religious groups and leaders to help forge wide and evolving coalitions to advance African American Civil Rights and women’s equality, to oppose the Vietnam War, and eventually fight for LGBTQ civil and religious rights.

Such coalitions aren’t always easy. When North Carolina Disciples of Christ minister Rev. Dr. William J. Barber II, a leader in the progressive Moral Mondays movement, was asked about squaring religious freedom and marriage equality, he looked to the lessons of history and the wisdom of his own religious tradition. Working within a coalition that had long included LGBTQ advocates, Barber noted that the Christian Right was trying to “divide our ranks by casting doubt either among the LGBTQ community or among the African American community about whether our moral movement truly represented them.”

Rev. Dr. William Barber speaking at a Moral Monday rally in 2013 (Photo via Wikimedia Commons).

In the last century the NAACP had faced a similar challenge over the question of restrictions on interracial marriage. They ultimately opposed the bans, he wrote, as a matter of upholding “the moral and constitutional principle of equal protection under the law.” Faced with yet another fear-based tactic today, Barber wrote, “our movement’s position had to be the same.” He found his response in the First Amendment, which guarantees the right of churches, synagogues, and mosques to discern for themselves “what God says about marriage,” free from governmental attempts to enforce its preferred religious doctrines.3)The Reverend Dr. William J. Barber II with Jonathan Wilson-Hartgrove, The Third Reconstruction: Moral Mondays, Fusion Politics, and the Rise of a New Justice Movement, (Boston: Beacon Press, 2016), p. 91.

The Revolutionary War era Virginians who created our approach to religious freedom understood religious freedom to be synonymous with the idea of the right of individual conscience. James Madison wrote that when the Virginia Convention of 1776 issued the Virginia Declaration of Rights (three weeks before the Declaration of Independence), the delegates removed any language about religious “toleration” and declared instead “the freedom of conscience to be a natural and absolute right.”4)John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville:University of Virginia Press, 2013), p. 61. Madison was joined in supporting the rights of conscience by evangelical Presbyterians and Baptists who also insisted on a separation of church and state for fear that mixing would corrupt both.

Invoking the words of the Founders may seem hokey or sound archaic to some. But they knew that the freedom they were seeking to establish was fragile, and likely to be opposed in the future. Understanding the through line that connects the struggles for religious freedom at the founding of the country to today’s helps us fight to defend the principle from redefinition and cooptation.

Such an understanding helped the United States Commission on Civil Rights in 2016 when it issued a major report on issues involving religious exemptions from the law. “Religious liberty was never intended to give one religion dominion over other religions or a veto power over the civil rights and civil liberties of others,” said Commission Chair Martin R. Castro, who also further denounced the use of religious liberty as a “code word” for “Christian supremacy.”5)Martin R. Castro, U.S. Commission on Civil Rights, Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties, September 7, 2016, http://www.usccr.gov/pubs/Peaceful-Coexistence-09-07-16.PDF, p. 29.

The Commission found that overly broad religious exemptions from federal labor and civil rights laws undermine the purposes of these laws and urged that courts, legislatures, or executive agencies narrowly tailor any exemptions to address the need without diminishing the efficacy of the law.6)U.S. Commission on Civil Rights, “The U.S. Commission on Civil Rights Releases Report: Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties,” PR NewsWire, September 7, 2016, http://www.prnewswire.com/news-releases/the-us-commission-on-civil-rights-releases-report-peaceful-coexistence-reconciling-nondiscrimination-principles-with-civil-liberties-300324252.html.

A statue of Thomas Jefferson, author of the Virginia Statute for Religious Freedom, in Colonial Williamsburg, VA.

Religious freedom advocates of the colonial era faced powerful entrenched interests who actively suppressed religious deviance and dissent that might upset their privileges. In the Virginia colony attendance was required at the Sunday services of the Church of England, and failure to attend was the most prosecuted crime in the colony for many years. Members of these Anglican church vestries were also empowered to report religious crimes like heresy and blasphemy to local grand juries. Unsurprisingly, the wealthy planters and business owners who comprised the Anglican vestries were able to limit access to this pipeline to political power. Dissenters from these theocratic dictates were dealt with harshly.7)John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 40-73. In the years running up to the Revolution, Baptists and other religious dissidents in Virginia were victims of vigilante violence. “Men on horseback would often ride through crowds gathered to witness a baptism,” historian John Ragosta reports. “Preachers were horsewhipped and dunked in rivers and ponds in a rude parody of their baptism ritual… Black attendees at meetings––whether free or slave––were subject to particularly savage beatings.”8)John A. Ragosta, Wellspring of Liberty: How Virgin’s Religious Dissenters Helped Win the American Revolution & Secured Religious Liberty, (Oxford: Oxford University Press, 2010), p. 5.

This was the context in which Jefferson drafted the Virginia Statute for Religious Freedom in 1777, which took nearly a decade to become law. The statute effectively disestablished the Anglican Church as the state church of Virginia, curtailing its extraordinary powers and privileges. It also decreed that citizens are free to believe as they will and that this “shall in no wise diminish, enlarge, or affect their civil capacities.” The statute was the first in history to self-impose complete religious freedom and equality, and historians as well as Supreme Court justices widely regard it as the root of how the framers of the Constitution (and later the First Amendment) approached matters of religion and government.9)John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 99.

John Ragosta, author of Religious Freedom:  Jefferson’s Legacy, America’s Creed.

The principle of religious equality under the law was a profoundly progressive stance against the advantages enjoyed and enforced by the ruling political and economic elites of the 18th Century. Then, for example, as John Ragosta writes in Religious Freedom: Jefferson’s Legacy, America’s Creed, “Marriages had to be consecrated by an Anglican minister, making children of dissenters who failed to marry within the Church of England (or pay the local Anglican priest for his cooperation) subject to claims of bastardy, with potentially serious legal consequences.”10)John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 46.

Such abuses may seem like a relic of the past, but in recent years some Christians have tried to outlaw the religious marriages of others. In 2012 Christian Right advocates in North Carolina sought to build on existing laws limiting marriages to heterosexual couples by amending the state constitution, using language that would effectively criminalize the performance of marriage ceremonies without a license. This meant that clergy from varied religious traditions, from Judaism to Christianity to Buddhism, would be breaking the law if they solemnized religious marriage ceremonies for same-sex couples. And the motive was explicitly religious. State Senator Wesley Meredith, for example, cited the Bible in explaining, “We need to regulate marriage because I believe that marriage is between a man and woman.”11)Kay Diane Ansley, Catherine “Cathy” McGaughey, Carol Ann Person, Thomas Roger Person, Kelley Penn, and Sonja Goodman v. Marion Warren, in his Official Capacity as Director of the North Carolina Administrative Office of the Courts. 2016, Case No.: 3:16-cv-114. The United States District Court For The Western District Of North Carolina Asheville Division, http://www.southernequality.org/wp-content/uploads/2016/07/Ansley-v.-Warren-Complaint.pdf.

This issue was part of the 2014 case General Synod of the United Church of Christ vs. Resinger, wherein a federal judge declared that laws that deny same-sex couples the right to marry in the state, prohibit recognition of legal same-sex marriages from elsewhere in the United States, “or threatens clergy or other officiants who solemnize the union of same-sex couples with civil or criminal penalties” were unconstitutional.12)Max O. Cogburn, “Memorandum of Decision and Order,” General Synod of the United Church of Christ vs. Resinger, October 10, 2014. It was an historic victory for a progressive version of religious liberty but one soundly rooted in the history of religious freedom. Clergy could now perform same-sex marriage ceremonies “without fear of prosecution,” said Heather Kimmel, an attorney for the UCC.13)Anthony Moujaes, “UCC victorious in lawsuit as judge strikes down N.C. gay marriage ban,” UCC News, October 9, 2014, http://www.ucc.org/north-carolina-marriageequality-10102014.
Jefferson and his contemporaries saw religious freedom as the key to disentangling ancient, mutually reinforcing relationships between the economic and political interests of aristocrats and the institutional imperatives of the church: what Jefferson called an unholy alliance of “kings, nobles, and priests”—meaning clergy of any religion—that divided people in order to rule them. He later wrote that his Virginia Statute for Religious Freedom was “intended to put down the aristocracy of the clergy and restored to the citizens the freedom of the mind.”14)John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 20.

A quarter-millennium later, we are still struggling to defend religious freedom against erosion and assaults by powerful religious institutions and their agents inside and outside of government. Aspiring clerical aristocrats debase the idea of religious freedom when they use it as tool to seek exemptions from the generally applicable laws of the United States—particularly those that prohibit discrimination.

Religious freedom and civil rights are complementary values and legal principles necessary to sustain and advance equality for all. Like Rev. Barber, we must not fall for the ancient tactic of allowing the kings, nobles and priests of our time to divide and set us against one another.

We have come a long way since the revolutionaries who founded our country introduced one of the most powerfully democratic ideas in the history of the world. The struggle for religious freedom may never be complete, but it remains among our highest aspirations. And yet the kinds of forces that struggled both for and against religious freedom in the 18th Century are similar to those camps today. We are the rightful heirs of the constitutional legacy of religious freedom; the way is clear for us to find our voices and reclaim our role.

 

References   [ + ]

1. Joe Davidson, “Civil rights or religious liberty — what’s on top?,The Washington Post, September 9, 2016, https://www.washingtonpost.com/news/powerpost/wp/2016/09/09/commission-says-religious-liberty-should-not-top-civil-rights/.
2. Frederick Clarkson, When Exemption is the Rule: The Religious Freedom Strategy of the Christian Right, Political Research Associates, January 2016, http://www.politicalresearch.org/when-exemption-is-the-rule-the-religious-freedom-strategy-of-the-christian-right/.
3. The Reverend Dr. William J. Barber II with Jonathan Wilson-Hartgrove, The Third Reconstruction: Moral Mondays, Fusion Politics, and the Rise of a New Justice Movement, (Boston: Beacon Press, 2016), p. 91.
4. John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville:University of Virginia Press, 2013), p. 61.
5. Martin R. Castro, U.S. Commission on Civil Rights, Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties, September 7, 2016, http://www.usccr.gov/pubs/Peaceful-Coexistence-09-07-16.PDF, p. 29.
6. U.S. Commission on Civil Rights, “The U.S. Commission on Civil Rights Releases Report: Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties,” PR NewsWire, September 7, 2016, http://www.prnewswire.com/news-releases/the-us-commission-on-civil-rights-releases-report-peaceful-coexistence-reconciling-nondiscrimination-principles-with-civil-liberties-300324252.html.
7. John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 40-73.
8. John A. Ragosta, Wellspring of Liberty: How Virgin’s Religious Dissenters Helped Win the American Revolution & Secured Religious Liberty, (Oxford: Oxford University Press, 2010), p. 5.
9. John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 99.
10. John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 46.
11. Kay Diane Ansley, Catherine “Cathy” McGaughey, Carol Ann Person, Thomas Roger Person, Kelley Penn, and Sonja Goodman v. Marion Warren, in his Official Capacity as Director of the North Carolina Administrative Office of the Courts. 2016, Case No.: 3:16-cv-114. The United States District Court For The Western District Of North Carolina Asheville Division, http://www.southernequality.org/wp-content/uploads/2016/07/Ansley-v.-Warren-Complaint.pdf.
12. Max O. Cogburn, “Memorandum of Decision and Order,” General Synod of the United Church of Christ vs. Resinger, October 10, 2014.
13. Anthony Moujaes, “UCC victorious in lawsuit as judge strikes down N.C. gay marriage ban,” UCC News, October 9, 2014, http://www.ucc.org/north-carolina-marriageequality-10102014.
14. John Ragosta, Religious Freedom: Jefferson’s Legacy, America’s Creed, (Charlottesville: University of Virginia Press, 2013), p. 20.

VIDEO: An Unexpected Voice for Gender Justice at Kenyan WCF Meeting

Poster for the African Regional Conference on Families, which took place on September 23-25th.

Poster for the African Regional Conference on Families, which took place on September 23-25th.

Last week, about a hundred people gathered in Nairobi, Kenya, for the African Regional Conference of Families, a regional conference for the World Congress of Families (WCF). The WCF, a U.S.-based international coalition of Religious Right groups dedicated to a very limited notion of “the natural family,” uses its frequent international convenings to develop and disseminate right-wing strategy. WCF uses deceptive “pro-family” rhetoric to promote conservative ideologies, which are then codified into regressive laws and policies that criminalize LGBTQ people and abortion.

Anti-gay and anti-abortion activist Don Feder, WCF’s Coalitions Director and Coordinator of Regional Conferences, opened the gathering with a speech in which he acknowledged WCF as the official sponsor of the Nairobi conference. Aside from presenting the sexual rights movement as a new form of slavery, Feder called on participants to work together to defend the natural family, which he described as “the institution on which the fate of humanity hinges.” But he also denied climate change as a hoax of the sexual revolution—a claim Michael Hichborn of the U.S. anti-abortion Lepanto Institute made the center of his presentation. Sharon Slater of the U.S.-based Family Watch International called on participants to oppose Comprehensive Sexual Education, denouncing the use of condoms and calling for abstinence only sex ed instead.

Other speakers included Alfred Rotich, a Catholic bishop from the Kenyan Conference of Catholic Bishops, who linked abortion to “accompanying vices such as necrophilia, bestiality, pedophilia, same-sex relationships as well as calls for free sex and reproductive health services for children!” Various speakers followed Rotich’s lead in linking LGBTQ issues and calls for greater reproductive rights in Africa with foreign interests and funders.

All of this was a familiar WCF script, but this time things didn’t go as planned. Just after WCF African representative Theresa‎ Okafor repeated the Christian Right claim that trans people are mentally ill—and blamed their identity on contraceptives—Gathoni Muchomba, a renowned Kenyan radio host, took the stage. In addition to being a famous media personality, Muchomba is the director of Gamafrica, a Kenyan NGO that recently launched a new initiative dedicated to supporting children with intersex conditions and their families. Although she was not included on the original list of speakers announced a day before the conference, from the podium, Muchomba issued a surprising call for the inclusion of intersex people in the new National Family Promotion and Protection Policy that was recently proposed by Kenya’s Ministry of Labor, a co-sponsor of the WCF Nairobi meeting.

Muchomba is hardly a traditional LGBTQI ally: she conflates gender identity and sexual orientation; didn’t know the meaning of the LGBTQI acronym; and warned that if Kenya doesn’t address intersex and trans issues, it won’t be able to fight “lesbianism.” And yet she nonetheless used her platform at WCF to bring attention to the suffering of intersex children, and unwittingly advanced the cause of sexual minorities.

Among the people who have motivated Muchomba’s advocacy is James Karanja, an intersex man who was raised as a girl. After declaring his gender identity as an adult, Karanja was treated as an outcast, but he has persisted in fighting for legal recognition as a man so that he can pursue a college education.

During her speech, Muchomba invited Karanja to address the WCF audience directly. Karanja (who does not identify as gay or transgender), told the right-wing gathering about the shame he experienced at his all-girls school, where he woke up at 3am to shower before his classmates arose; how he was later suspended because he was attracted to other girls; and how his mother suffered a mental breakdown after he came out as a man and said he was changing his name.

“I don’t want to see another child go through what I went through,” Karanja told the crowd.

James Karanja tells his story at the World Congress of Families-sponsored African Regional Conference of Families. See video below. (Photo: Political Research Associates)

James Karanja tells his story at the World Congress of Families-sponsored African Regional Conference of Families. See video below. (Photo: Political Research Associates)

WCF delegates heard a number of alarming stories about sexual minorities who are forced to live as outcasts, including a child who was raised as a boy but later came out as a girl, and who, like James, was subsequently forced to leave school. The public sharing of these stories comes just weeks after Kenyan parliamentarian Isaac Mwaura ‎asked lawmakers to consider a bill recognizing and accepting intersex people—a proposal that resulted from Muchomba and Karanja’s activism.

Although Mwaura’s proposed bill and Muchomba’s advocacy suggest advances in intersex and gender rights activism, the WCF poses a dangerous threat to this fragile progress, casting gender and sexual minorities as mentally ill. But amid their forum, Karanja delivered a message they won’t soon forget: that Africa has sexual minorities, and they are not a curse.

Karanja’s speech shocked the audience and was the talk of the conference during lunch and tea breaks. In response to Muchomba’s and Karanja’s unexpected departure from WCF positions, the conference speakers who followed them worked hard to dismiss Karanja’s story. Some blamed his experiences on his failure to obtain hormonal therapy as a child. (Many United Nations human rights bodies have recognized that medically unnecessary, non-consensual surgeries and other interventions on intersex children amount to human rights violations.) In an interview with me, Joshua Nwachukwu, the Nigerian co-founder of the African Organization for Families, a WCF affiliate and co-host of the conference, indicated that Karanja chose to be male. Had he sought medical care, Nwachukwu argued, Karanja “would have remained a girl.”

But some attendees seemed moved to at least reconsider their previous positions. Bishop Rotich told me that Karanja’s story illustrated the need for pastoral resources for caring for intersex people. That suggests the possibility that while African conference-goers may forget the abstract speeches of U.S. culture warriors like Sharon Slater, Don Feder, and Michael Hichborn, Karanja’s strong testimony on the need for dignity, respect, and rights may have a more lasting impact.

On September 23, Kenyan media personality Gathoni Muchomba and James Karanja speak on intersex rights in Nairobi, Kenya, at the World Congress of Families-sponsored African Regional Conference of Families. Karanja’s speech begins at 9:30. (Video filmed by Political Research Associates).

The Christian Right on the Gender Frontier: The Growing Anti-Trans Offensive

Click here to download the article as a PDF.

This article appears in the Summer 2016 edition of The Public Eye magazine.

In June 2014, TIME magazine declared that the U.S. had reached the “transgender tipping point” and was venturing toward trans inclusion as its next “civil rights frontier.”1That month’s cover featured Laverne Cox, a Black transgender actress famous for her portrayal of Sophia Burset on the popular television series Orange is the New Black. The accompanying coverage inside the magazine— which included an extensive “Transgender 101” article, a photo essay portraying a diverse range of transgender people and experiences, a nuanced exploration of the various obstacles faced by trans people, and a personal interview with Cox—was hailed by ThinkProgress’ Zach Ford as “perhaps the most positive and in-depth representation of transgender life experiences ever presented in mainstream print media.”2

The following year, a record number of transgender women were killed in the United States.

Who’s Under Attack?

In 2015, 23 trans women3 were murdered in this country. Though not all of these deaths have been labeled “hate crimes,” the shared thread of trans feminine identity is indicative of an undeniably heightened threat to trans women. Research from the National Coalition of Anti-Violence Programs indicates that the majority of victims of hate violence homicides are trans women,4 and NCAVP described the 2015 crisis as “epidemic” in proportion.5 Unfortunately, the rate of targeted violence and persecution against trans and gender-nonconforming people shows no signs of waning.

People protesting the anti-trans HB 2 head to the North Carolina legislative building during the Moral Monday rally on April 25th, 2016. (Photo: Nathania Johnson via Flickr/CC).

All across the country, and in various areas of public life, manifestations of anti-trans sentiment are actually on the rise, in forms that extend far beyond physical violence. So far, 2016 has seen at least 44 anti-trans bills proposed in 16 states, aimed at putting an already vulnerable community at even greater risk for harassment, abuse, ostracization, and discrimination.6 This unprecedented wave of legislative attacks against trans and gender-nonconforming people isn’t restricted to Red States, rural communities, or the Bible Belt. Neither spontaneous nor coincidental, it’s the result of a nationally coordinated effort led by the Christian Right.

North Carolina proved the strength and viability of this effort in March 2016, when the state’s General Assembly approved House Bill 2 (HB 2),7 which invalidated the recent expansion of nondiscrimination protections for LGBTQ individuals in the city of Charlotte, and additionally prevented all municipalities in the state from adding any new protections. Charlotte’s ordinance would have, among other things, granted transgender individuals the right to use public facilities that correspond to the gender with which they identify.

Governor Pat McCrory signed the bill—described by Sarah Preston, acting Executive Director of the ACLU of North Carolina, as “the most extreme anti-LGBT bill in the nation”—following a one-day special session called expressly for the purpose of eliminating Charlotte’s expanded nondiscrimination ordinance, costing taxpayers $42,000.8 (It should be noted that HB 2 was an attack on more than just LGBTQ people. The bill also gutted the North Carolina Equal Employment Practices Act, which had provided core anti-discrimination protections for workers, making North Carolina one of only two states in the country without any state law protecting private sector employees from workplace discrimination. Additionally, HB 2 gave the state the power to override local efforts to increase the minimum wage.9)

McCrory had previously stated that Charlotte’s nondiscrimination policy would “create major public safety issues by putting citizens in possible danger from deviant actions by individuals taking improper advantage of a bad policy.”10

These talking points reflect the handiwork of the coalition of national players behind the bill. Over the last several years, right-wing opponents of social justice have steadily honed their anti-trans tactics and rhetoric. We’re now seeing the effects of their well-resourced, diligent campaigning.

His/Her/Hirstory: How did we get here?

A frontier is often understood to be that edge between the known and the unknown, the settled and the wild. For some, it’s a place of adventure and possibility, but for others—especially those who already live there—familiar territories that are suddenly deemed “frontiers” can quickly become places of great danger.

TIME’s use of the term “frontier” in its 2014 “transgender tipping point” cover story might have foreshadowed this pending surge of anti-trans attacks. A frontier is often understood to be that edge between the known and the unknown, the settled and the “wild.” For some, it’s a place of adventure and possibility, but for others—especially those who already live there—familiar territories that are suddenly deemed “frontiers” can quickly become places of great danger, thanks to the encroachment of invading pioneers.

And in this contemporary gender frontier, the Christian Right is on the attack, using flawed religious rhetoric and claims of “protecting women and children” to support an onslaught of transphobic violence and oppression.

The tropes at play are familiar. In the 1970s, Anita Bryant’s anti-gay “Save Our Children” campaign equated homosexuality with pedophilia in order to mobilize voters to repeal a Florida county’s anti-discrimination ordinance that protected gay and lesbian citizens in employment, housing, and public accommodations. Today’s opponents to nondiscrimination protections for transgender people echo similar fear-mongering myths.

Nondiscrimination Protections for LGBTQ People (click here to expand)

Currently, federal law prohibits discrimination on the basis of race, color, religion, national origin, sex, disability, and pregnancy or childbirth.78
In July 2014, President Obama signed Executive Order 13672, expanded these protections to include “sexual orientation” and “gender identity” in hiring and employment on the part of federal government contractors and sub-contractors. These categories of protection also exist for the federal civilian workforce.

Some states and municipalities have also elected to independently expand nondiscrimination protections to include sexual orientation and gender identity, but 32 states still lack clear, fully inclusive nondiscrimination protections for LGBTQ people.79

The Equality Act, proposed in 2015, would change this by establishing explicit, permanent protections against discrimination based on an individual’s sexual orientation or gender identity in matters of employment, housing, access to public places, federal funding, credit, education and jury service. Additionally, it would prohibit discrimination on the basis of sex in federal funding and access to public places.

But the manipulation of people’s protective instincts toward those regarded as vulnerable dates back much further than 1977. In the aftermath of HB 2, Honor Sachs, assistant professor of history at Western Carolina University, outlined in The Huffington Post how throughout history false accusations of rape and sexual assault have been deployed to negate the social and political advances of minority groups when those in power feel threatened. To catalyze violence against indigenous populations during the 17th and 18th centuries, Native Americans were depicted as “savage” and “predatorial” and therefore a threat to sexually vulnerable Anglo-American women. From the 19th century into the mid-20th century, Whites justified the lynching of countless Black men in the name of avenging alleged sexual assaults against White women (as with Emmett Till)11. Subsequently, the same line of reasoning was used to rationalize racially segregated facilities in the Jim Crow South.

This racialized thread, woven tightly into the “protective” narrative, helps make one thing very clear: conservative rhetoric about protecting women rarely has anything to do with actually protecting women.

Conservative rhetoric about protecting women rarely has anything to do with actually protecting women.

The modern version of this old claim is encapsulated in the rebranding of trans-inclusive nondiscrimination laws as “bathroom bills.” Because existing and proposed efforts to extend nondiscrimination protections to trans and gender-nonconforming people include public spaces, the opposition has chosen to highlight the fact that public spaces include public bathrooms. The message being deployed is that these nondiscrimination laws would “allow men into women’s bathrooms.”

 

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Right-wing campaigns, such as the recent #KeepNCSafe campaign supporting North Carolina’s HB 2, re-brand non-discrimination bills as “Bathroom Bills” and manipulate fear of violence against (non-transgender) women.

Initially, these warnings aimed to bring into question the “authentic” gender of trans women, suggesting that gender is fixed and immutable. However, factions of the Right gradually recognized (thanks, in part, to the visibility—and popularity—of trans women like Laverne Cox) they were swimming against the current of trans visibility and acceptance.

In March 2016, the Human Rights Campaign published research that indicates 35 percent of likely voters personally know or work with a transgender person, as compared to just 22 percent the previous year.12 As more and more people become familiar with the transgender “frontier,” it is increasingly difficult to pass off falsehoods about trans people as indisputable. In order to attract more moderates and expand their base, the Christian Right needed to present a more nuanced message.

Many anti-trans activists have begun focusing more on the theoretical risk of male sexual predators taking advantage of nondiscrimination laws designed to protect trans people by dressing up as women and pretending to be transgender in order to gain access to women. It’s basically the 2.0 version of an Anita Bryant-style witch hunt—rather than paint all trans people as personally deviant and dangerous, opponents suggest that granting nondiscrimination protections to trans people will effectively enable the deviant and dangerous behavior of others.

In February 2016, anti-trans opponents went so far as to stage such a scenario. The previous December, the Washington State Human Rights Commission had added “gender identity” to the state’s pre-existing public accommodation protections.13 Opponents quickly introduced several pieces of legislation to overturn the protections, but when they failed to advance, conservatives instead pushed for a voter initiative. As part of their effort to garner support, opponents sought to incite “bathroom panic” by recruiting a non-transgender man to enter a women’s locker room at a Seattle public pool.14

The Human Rights Commission responded to the stunt with a statement explaining, “Men cannot go into the women’s locker room, as this man claimed he had the right to do. Only women, including transgender women, can go into the women’s locker room. Persons who enter the wrong gender-segregated facility for nefarious purposes can be asked to leave in no uncertain terms. And they would have no recourse.”15

As Sunnivie Brydom, managing editor for The Advocate, notes, “There has never been a verifiable, reported instance of a trans person harassing a cisgender person, nor have there been any confirmed reports of male predators ‘pretending’ to be transgender to gain access to women’s spaces and commit crimes against them.”16

Facts and clarifications, however, seemingly do little to dissuade these anti-trans attacks. The Family Policy Institute of Washington (FPIW), a Focus on the Family affiliate, persisted in claiming, “[P]eople of any sex can enter a locker room of the opposite sex and defend their right to be there based on gender identity, a subjective concept that is impossible to prove.”17

Increasingly, right-wing opponents are attempting to “prove” that their manufactured risks are viable. According to YWCA Pierce County CEO Miriam Barnett, trans rights advocates have reported that the anti-trans alliance coordinating Washington’s repeal effort (primarily led by FPIW under the name “Just Want Privacy”) has instructed men gathering signatures to position themselves outside of women’s bathrooms. If a woman declines to sign, they are encouraged to follow her in, ostensibly to demonstrate how dangerous trans-inclusive bathroom policies are.

Using these sorts of scare tactics and provocations, the repeal effort targeting the 2015 expansion of nondiscrimination protections gained substantial momentum, but ultimately the campaign failed to gather the necessary number of signatures to qualify for the ballot.18 Nonetheless, LGBTQ activists remain wary. Kris Hayashi, Executive Director of the Transgender Law Center, warns, “I anticipate seeing much worse going into 2017.”19

Who’s Behind It All?

A national coalition of Christian Right powerhouse organizations has been plotting this campaign since long before the concept of a “post-marriage equality moment” even existed. Not merely a response to the Supreme Court’s Obergefell decision on same-sex marriage or Laverne Cox’s celebrity status, this recent wave of anti-trans attacks has deep social, political, and theological roots. Three key groups leading the effort are Focus on the Family, the Family Research Council, and the Alliance Defending Freedom.

Focus on the Family (FOTF) is one of the most powerful Christian Right parachurch organizations in the country. With annual revenue of over $88 million20 and 13 international offices (in addition to its massive headquarters in Colorado Springs), FOTF’s influence is truly global.

In a series of articles on “transgenderism” originally published in 2008, FOTF reveals a remarkable depth of awareness regarding some of the deep internal rifts within the LGBTQ community:

For decades, lesbian, gay and bisexual activist (LGB) leaders worked hard to keep those who called themselves “transgender” or “transsexual” as far out of the public eye as possible. By their own admission, the last thing they wanted was a bunch of “drag queens” and cross-dressers to scare away potential allies and ruin any hope for their community to achieve its political goals. So the activists only portrayed homosexuals in favorable and non-threatening ways.

But recent years have seen a sea-change in attitudes about cultural acceptance of homosexuality. And LGB activists believe that sufficient political gains have been won at the local, state and federal levels that they can now turn their attention to adding the “T”—for transgender—to the LGB acronym that represents their community.21

Indeed, anti-trans dissonance has long plagued the LGBTQ justice movement, leaving trans and gender-nonconforming people especially susceptible to attack. Contemporary consequences of this internal strife became particularly evident during what became known as the “ENDA debacle” of 2007. After over two decades of legislative advocacy, the Employment Non-Discrimination Act (ENDA) appeared to finally be gaining the necessary support to extend federal nondiscrimination protections to include LGBTQ people. However, when certain LGBTQ power players and political insiders became concerned that the bill didn’t have quite enough votes to pass, they dropped “gender identity” from the list of protected statuses in an attempt to make it more palatable to those legislators who were still on the fence, thereby leaving out trans and gender-nonconforming people. The revision was soundly rejected by a coalition of progressive organizations and activists who refused to deprioritize some of the most vulnerable members of the LGBTQ community. In any case, the revised bill failed.

There’s no such thing as a discreet family dispute when you’re a political movement representing millions of LGBTQ people. Of course, Christian Right groups were paying attention, and FOTF has sought to exploit these rifts. From its sprawling 45-acre campus, FOTF has captained the Christian Right’s advances against trans and gender-nonconforming people for years. But this went relatively unnoticed until recently, in part, because many of FOTF’s anti-trans attacks have been mislabeled. For example, James Dobson, founder and longtime president of FOTF, has been warning parents against letting their young boys embrace feminine characteristics since as far back as the 1970s. Critics accuse him of being homophobic, but in reality, he’s also tapping into the undercurrents of transphobia. For Dobson and his followers, the fear wasn’t just about men loving—or even having sex with—other men. What’s also at play is a deeper fear that such a relationship would entail men behaving like women.

For Dobson and his followers, the fear wasn’t just about men loving—or even having sex with—other men. What’s also at play is a deeper fear that such a relationship would entail men behaving like women.

Now those undercurrents have swelled into a raging river, and though LGB activists may finally be prepared to “turn their attention to adding the ‘T,’” as FOTF puts it, the Christian Right already has an established infrastructure and anti-trans game plan, putting them light years ahead. With the help of its political arm, the Family Policy Alliance (formerly CitizenLink), FOTF is mobilizing its constituents across the country, depicting trans-inclusive nondiscrimination ordinances as “insanity,” and arguing that they will allow “sexual predators” access to young girls.22

Family Policy Alliance (FPA) is a multi-million dollar operation that oversees a national network of 38 state-based “family policy councils” collectively committed to restricting access to abortion and reproductive justice, resisting efforts toward LGBTQ equality, and redefining religious freedom into a dangerous tool of oppression.23 All but four of the states considering anti-trans legislation this year have an FPA-affiliated family policy council.

FPA says it provides its state-based affiliates, like the previously mentioned Family Policy Institute of Washington, with “training, funding and strategic coordination to engage in elections, advance pro-family legislation, mobilize churches on critical issues and be a voice for biblical citizens within their states.”24

North Carolina’s affiliate is the North Carolina Family Policy Council (NCFPC). In the case of NCFPC, FPA has played an especially significant role in supporting the group financially. According to the most recently available tax filings from both organizations, FPA contributed nearly $170,00025 to NCFPC in 2013, which amounts to approximately one third of NCFPC’s operating budget that year.26

John Rustin, president of the NCFPC (whose total compensation in 2013, incidentally, was just shy of $170,000) wrote a letter to Gov. McCrory following the passage of Charlotte’s trans-inclusive nondiscrimination ordinance, demanding that the General Assembly call a special session to overturn it and “preempt any other municipality or county in the state from enacting a similar ordinance.”27 And that is exactly what happened.

While FOTF taps into the motivating elements of fear in order to advance the Christian Right’s anti-trans agenda, the Family Research Council (FRC) attempts to provide the intellectual backing for their campaign.

FRC, a Christian Right political advocacy group based in Washington, D.C., came into existence during the same time period as FOTF, and the two organizations have remained in close relationship throughout their shared history; from 1988-1992 FRC was even subsumed as a division of FOTF. Today, the two function as organizational partners, collaborating on numerous projects.28

In June 2015, FRC laid out a five-point plan for “responding to the transgender movement.” The position paper was co-authored by Peter Sprigg, a senior fellow at FRC, and Dale O’Leary, a Catholic writer based in Avon Park, Florida. Sprigg, a proponent of so-called “reparative therapy”—a psychological treatment based on the assumption that homosexuality is a mental disorder that can and should be fixed or changed—has argued that transgender people suffer from “delusions.29 O’Leary claims that “same-sex attraction is a preventable and treatable psychological disorder,”30 and has suggested that “sexual liberationists” are “targeting children” in order to expose them to “molesters and exhibitionists masquerading as sex educators.”31

Ignoring trans-affirming positions from the American Medical Association32, the American Psychological Association33, and the American Psychiatric Society34, the two dredged up obscure and outdated scientific theories in an attempt to pathologize transgender people, then outlined a strategy for advancing anti-trans public policy.35 Specifically, FRC argues against providing trans people with gender-affirming healthcare, access to gender transition procedures (often understood to be life-saving for transgender people), legal recognition, protection from discrimination, and the right to serve in the military.

As longtime transgender rights activist Brynn Tannehill explains, it’s a plan “to legislate transgender people out of existence by making the legal, medical, and social climate too hostile for anyone to transition [from one gender to another].”36

Sprigg and O’Leary, like most other right-wing opponents of trans and gender-nonconforming people, draw many of their arguments from Dr. Paul McHugh, professor of psychiatry at Johns Hopkins University. In that position, McHugh has actively worked against the medical treatment of trans people since the 1970s. In a 1992 essay published in The American Scholar, a quarterly literary magazine, McHugh actually indicates that part of his incentive for taking over Johns Hopkins’ psychiatry department in 1975 was to shut down the institution’s Gender Identity Clinic, which since 1966 had been at the forefront of transgender medicine.37

“It was part of my intention, when I arrived in Baltimore in 1975, to help end it,” he wrote.38 In 1979, he succeeded.

But he didn’t stop there. As a member of the American College of Pediatricians, a right-wing breakaway group that split from the American Academy of Pediatrics in 2002,39 McHugh recently helped author a new position statement claiming that respecting transgender children’s identities causes them harm and is akin to “child abuse.”40

The American College of Pediatricians was founded in 2002 when a small group of anti-LGBTQ physicians and other healthcare professionals split from the 60,000 member American Academy of Pediatrics.

The American College of Pediatricians was founded in 2002 when a small group of anti-LGBTQ physicians and other healthcare professionals split from the 60,000 member American Academy of Pediatrics.

As I have written elsewhere, Sprigg, O’Leary, and McHugh also selectively highlight the scholarship of a small group of highly controversial academics and activists described by their critics as “Trans-Exclusionary Radical Feminists” (TERFs). Although most categorized as TERFs reject the label and consider it to be insulting, they openly espouse the notion that trans women “aren’t really women,” and that real womanhood is exclusively determined on a natal, biological level. These arguments (key elements of what’s called “gender essentialism”) align themselves with and fuel the flames of right-wing transphobia, providing the Right an intellectual foundation upon which to build an argument that would appeal to both conservatives and certain sectors of the Left.41

Much like the example of the 2007 ENDA debacle, TERF scholarship is merely an outgrowth of anti-trans trends that have been consistently prevalent in feminist circles for decades. The Right has simply become more adept at exploiting them.

Rounding out the hearts-and-minds campaign work of FOTF and FRC is the Alliance Defending Freedom (ADF), a right-wing Christian legal group based in Scottsdale, Arizona.

ADF was founded in 1994 by five of the Christian Right’s top strategists of the day, including FOTF’s James Dobson. Today, ADF counts more than 3,000 “allied attorneys” on its roster, all of whom are working to “preserve and defend” their definition of religious freedom, which they consider “our most cherished birthright.” ADF claims that its army of Christian Right lawyers has racked up 47 victories at the U.S. Supreme Court since it was launched in 1994, and has played a role in “hundreds of international legal matters affecting religious freedom.”42

Founded in 1994 under the name “Alliance Defense Fund,” ADF’s initial goal was to collect money from Christian Right donors and parcel it out to other, already established groups that were active in courts.43 Over time, however, ADF has come to dominate the smaller organizations it once served to support. Acknowledging this shift, in 2012 ADF changed its name to “reflect the organization’s shift in focus from funding allied attorneys to litigating cases.”44

And ADF continues to grow, both in terms of the size of its coffers and the scope of its work. From 2001 to 2013, annual contributions and grants increased from $14.7 million to $38.9 million.45 With that growth, ADF’s strategy has also expanded, now reaching far beyond the courtroom, aggressively implementing its agenda in statehouses, churches, and schools.

In 2014, ADF teamed up with FOTF to promote a “Student Physical Privacy Policy” for schools, which provides model guidelines supposedly designed to protect students in areas such as bathrooms and locker rooms.46 In reality, “physical privacy rights” as outlined in these policies clearly do not apply to all students; instead, they encode trans-exclusionary guidelines and subject transgender students to further scrutiny and interrogation when it comes to their privacy.

After testing the waters in a handful of districts, ADF launched an all-out offensive in December 2014. ADF announced that it had emailed public school superintendents nationwide to preemptively “advise them of a recommended policy and letter that protects the physical safety and privacy of students in restrooms and locker rooms while providing a solution for school officials concerned about students struggling with their sexual identity.” ADF also warned that any school district supporting trans-inclusive policies “would clearly expose itself—and its teachers—to tort liability.”47 At the same time, ADF promised pro bono legal defense to schools choosing to adopt ADF’s model policy.

Within weeks of ADF’s announcement, the Gloucester County School Board in Virginia adopted ADF’s model policy.48 The policy was subsequently used to deny Gavin Grimm, a transgender male student at Gloucester High School, access to the boys’ restroom. The ACLU filed a lawsuit against the district, and in April 2016, the U.S. Court of Appeals for the Fourth Circuit ruled in favor of Grimm, concluding that Title IX protects the rights of transgender students to use sex-segregated facilities that are consistent with their gender identity.49

Nonetheless, thanks to joint outreach efforts made by ADF and FOTF,50 school boards across the country are now equipped with the language, tools, and resources to adopt new, trans-exclusionary policies, writing oppression and discrimination into their student handbooks.

ADF is highly involved in the current outbreak of anti-trans legislative efforts, too. Like their discriminatory school policy, ADF has drafted a model state level bill, the language of which is evident in anti-trans legislation proposed in Kentucky, Nevada, Minnesota, Texas, and elsewhere.51

The Transphobic Roots of Homophobic Theology

A fourth key player on the frontlines of anti-trans attacks is the Southern Baptist Convention (SBC). With more than 15 million members, the SBC is the largest Protestant denomination in the country, and has often been considered a bellwether for Christian conservatism.52 In 1976, the denomination’s Executive Committee passed its first resolution on homosexuality, declaring that affiliated churches and agencies should not “afford the practice of homosexuality any degree of approval through ordination, employment, or other designations of normal life-style (sic).” Since then, the denomination has passed more than 40 resolutions dealing directly or indirectly with LGBTQ people.53

In a 1992 editorial published in the Christian Index, Albert Mohler (who previously served as vice chairman of FOTF’s board of directors) wrote that “Southern Baptists no longer have the false comfort” of regarding homosexuality “as someone else’s problem. The moral and theological integrity of our denomination is at stake, at every level.”54

With this declaration, Mohler, now president of Southern Baptist Theological Seminary (SBTS) in Louisville, Kentucky, positioned himself as an early leader in the SBC’s anti-LGBTQ crusade. In the subsequent decades, he has continued to write, preach, and aggressively campaign against LGBTQ people. Of the various topics covered on his website—which features a personal blog, regular commentary, and recordings from his two different radio programs—homosexuality is second only to theology in the list of categories, with nearly 400 different entries.55

Albert Mohler, considered one of the most influential evangelicals of all time, has a long history of preaching and campaigning against LGBTQ rights. Photo by James Thompson via Flickr, License: https://creativecommons.org/licenses/by/2.0/

Albert Mohler, considered one of the most influential evangelicals of all time, has a long history of preaching and campaigning against LGBTQ rights. Photo by James Thompson via Flickr, License: https://creativecommons.org/licenses/by/2.0/

In response to LGBTQ activist and writer Matthew Vines’ controversial 2014 book, God and the Gay Christian: The Biblical Case in Support of Same-Sex Relationships, which made a case for LGBTQ equality from a Christian perspective, Mohler organized a formal response in the form of a free e-book titled God and the Gay Christian? A Response to Matthew Vines.56 Four other SBTS professors contributed to the text, including Denny Burk. 

Burk, a professor of biblical studies at SBTS’s Boyce College, has previously encouraged Christians to stop using the phrase “gay Christian” because, he suggested, it’s an impossible contradiction in terms. “Christians never speak of ‘lying Christians,’ ‘adulterer Christians,’ ‘fornicating Christians,’ ‘murderer Christians,’ or ‘thieving Christians,’” he wrote.57 In more recent years, Burk has graduated from the long established anti-gay school of theology, making a name for himself as one of the Christian Right’s leading anti-trans pioneers.

Reflecting on TIME’s transgender “tipping point” pronouncement in a June 2014 blog post, Burk wrote, “Just as homosexuality has been mainstreamed, so the revolutionaries seek to mainstream transgender (sic) as well.” “Christians,” he continued, “are going to have to meet the transgender challenge as a matter of great pastoral and missional urgency. We must be clear about what the Bible teaches and be faithful to live that message out in a culture that is increasingly out of step with biblical norms.”58

A resolution “On Transgender Identity” authored by Burk and adopted by the SBC’s Resolutions Committee in 2014 reinforces patriarchal and misogynistic notions of “complementarity”: the notion that men and women have different but complementary roles in relationships, family life, work, and society. It also declares that gender identity is “determined by biological sex and not by one’s self-perception.” Burk’s resolution further describes transgender and intersex people as “psychological” and “biological” manifestations of “human fallenness” respectively, and expresses opposition to any form of physical gender transition, as well as any governmental or cultural validations of transgender identities. The document is the latest in a long string of anti-LGBTQ resolutions issued by the denomination.59

The Southern Baptist Convention’s 2014 resolution describes transgender and intersex people as “psychological” and “biological” manifestations of “human fallenness”.

In October 2015, Burk presented at the “first-ever” evangelical conference on the subject of “transgenderism” in Louisville, Kentucky. Convened by the Association of Certified Biblical Counselors (ACBC), a network of thousands of conservative Christian counselors who oppose the disciplines of psychology and psychiatry, and the complementarity-focused Council for Biblical Manhood & Womanhood, the event focused on “Transgender Confusion and Transformational Christianity.”

As reported by Zack Ford at ThinkProgress, in Burk’s lecture, “A Gospel-Centered Assessment of Gender Identity, Transgender, and Polygamy,” the Southern Baptist professor dismissed all research60 that has determined gender identity to be a biological phenomenon and that has found there are serious mental health consequences to denying a person’s gender identity. According to Burk, “The task of parenting—the task of discipling—requires understanding those [gender] norms and to inculcate those norms into our children and to those who want to follow Christ, even those who have deep conflicts about these things.”61

Complementarity: Gender Essentialism’s Favorite Formula

The theological roots of the Christian Right’s assault on trans and gender-nonconforming people date much further back—long before anyone felt compelled to insert anti-trans language into official church doctrine. In 1987, the Council for Biblical Manhood & Womanhood (CBMW) was founded to promote the views of complementarity—specifically that “men and women are complementary, possessing equal dignity and worth as the image of God, and called to different roles that each glorify him.”62

The theological roots of the Christian Right’s assault on trans and gender-nonconforming people date much further back—long before anyone felt compelled to insert anti-trans language into official church doctrine.

Initially, complementarity was used as a core argument for the one-man-one-woman marriage proponents: that God’s design and intention was for wedded partners to create a balance between the unique characteristics predicated by their biological sex as the only appropriate formula for a legal marriage. But with the fight for same-sex marriage equality more or less behind us (unless, of course, you happen to be in the market for a gay wedding cake in a conservative, one-bakeshop town), the Christian Right is unearthing the deeper roots of gender essentialism for its current anti-trans offensive.

Another contributor to Mohler’s e-book response to Matthew Vines was Owen Strachan, a young champion of complementarity. The 34-year-old took over as Executive Director of CBMW in 2012, and in 2014 was promoted to President.63 Under his leadership, the organization has more than tripled its annual revenue,64 exponentially increased its social media presence, and launched a new international outreach program, hosting events in the Dominican Republic, Brazil, Canada, and England.65

Screenshot from a promotional video for the 2015 “Transgender Confusion and Transformational Christianity” conference. Full video at: https://vimeo.com/117870540

At CBMW’s 2016 conference in Louisville on “The Beauty of Complementarity,” Strachan declared that he “would rather die” than let a young transgender girl share the restroom with his daughter (ironically specifying that such an occasion shouldn’t happen “without me in there”). He went on to reject and deny the existence of trans people, instead reiterating the strictly defined roles of gender essentialism. “Men are called to lead, provide, and protect,” he explained, “and women are called to nurture, support, and follow.”66

Strachan has since stepped down as CBMW’s president. Denny Burk, author of SBC’s resolution “On Transgender Identity,” has assumed leadership of the organization.67

Religious Freedom and the Anti-Trans Legal Offensive

Despite the anti-trans campaigns, progress is still evident. In May, U.S. Attorney General Loretta Lynch took a bold stand for transgender people, announcing that the Department of Justice was suing North Carolina for violating federal civil rights protections with its passage of HB 2. Speaking to the people of North Carolina, her home state, Lynch said, “You have been told that this law protects vulnerable populations from harm. That is just not the case. What this law does is inflict further indignity for a population that has already suffered far more than its fair share. This law provides no benefit to society, and all it does is harm innocent Americans.”68

The lawsuit seeks to establish HB 2 as discriminatory under Title VII and Title IX of the Civil Rights Act and in violation of the Violence Against Women Act.

Title IX has been a primary point of contention in the fight for trans equality since the Obama administration expanded the reach of its protections in April 2014—less than two months before Laverne Cox graced the cover of TIME. Under the new guidelines, Title IX prohibits discrimination in publicly funded schools not only on the basis of sex, but also on the basis of sexual orientation, gender identity, immigration status, and disability.

The ACLU of North Carolina flagged this element of the potential harm caused by HB 2, noting in a press release that in addition to eliminating protections for LGBTQ people, the bill “jeopardizes the more than $4.5 billion in federal funding that North Carolina receives for secondary and post-secondary schools under Title IX, which prohibits sex discrimination, including discrimination against transgender students.”69

Interpretation of this new policy had remained uncertain, but the U.S. Fourth Circuit Court of Appeals’ decision in favor of Gavin Grimm (the transgender male student seeking equal access to male bathroom facilities), issued in April 2016, established a clear legal precedent.70

The Christian Right anticipated this. According to a report from the Human Rights Campaign, within months of the 2014 change dozens of religious colleges and universities had applied for and been granted a “religious exemption” from the law. George Fox University, a privately owned conservative Quaker school in Oregon that receives federal funding, was one of the first to do so — a reactionary measure taken to prevent a transgender male student, Jayce M., from living in campus housing designated for male students.71

Paul Southwick, a lawyer representing Jayce, argued that George Fox didn’t have any policies or theological positions prohibiting a student from transitioning or expressing a transgender identity.72 Denny Burk, author of SBC’s anti-trans resolution, recognized the risk of this loophole. Upon introducing his initial draft of what would become the SBC’s new policy, he explained, “the resolution will be a reference point for Southern Baptist colleges, hospitals, and other institutions that may be facing legal challenges for their stance on this issue.”73

The ADF also understands the significance of establishing a theological precedent for anti-trans legal offensives. In May 2016, ADF filed a lawsuit designed to exclude trans students from using the bathroom that aligns with their gender identity, arguing that the current policy of Illinois’ Township High School District 211, which grants students the right to access bathroom facilities that align with their gender identity, is illegal because it violates the rights of non-trans students.74

In the suit, ADF lays out many of the familiar arguments about privacy and “protecting” girls, but it also includes a new, religious argument, one that builds on the revised standard established by the Supreme Court’s 2014 Hobby Lobby decision. Using this new precedent, ADF argued in Illinois that many parents have “sincerely held religious beliefs about modesty and other religious doctrines”; if their children share bathroom facilities with trans students, the ADF argued, these beliefs would be violated. Therefore, the policy interferes with parents’ ability “to freely live out their religious beliefs.”75

In 2004, ADF President Alan Sears told supporters, “One by one, more and more bricks that make up the artificial ‘wall of separation’ between church and state are being removed, and Christians are once again being allowed to exercise their constitutional right to equal access to public facilities and funding.”76

Twelve years later, Sears and his team are still relentlessly chipping away. As PRA senior research fellow Frederick Clarkson laid out in his 2016 report, When Exemption is the Rule: The Religious Freedom Strategy of the Christian Right, their ultimate goal is to “impose a conservative Christian social order inspired by religious law.”77 To be clear, that conservative Christian social order has no place for trans and gender-nonconforming people, so for it to be realized, it’s necessary to erase their existence.

Existence as Resistance

As the Christian Right attempts to forcefully construct its idealized vision of how the world should be (to the detriment of all who fail to fall in line), they cannot ignore the reality that bad things happen. Sexual assault and rape happen. Children are abused. Women experience untold amounts of violence. None of this can be refuted; however, our notions of who or what is to blame can vary dramatically.

Front and center in the Christian Right’s anti-trans offensive is the notion that increased rights, protections, and access for trans people will equate to increased violence, abuse, sexual assault, and rape (specifically for women and children). Such falsehoods shift blame away from the patriarchal and racist structures that perpetuate the culture of violence that continuously inflicts harm and eliminates any sense of sustained safety for women, children, queer people, trans people, disabled people, and countless others. These structures are essential to the maintenance of the Christian Right’s dominance.

Yet the very existence of trans people challenges this dominance by refuting the narrative that God’s design is limited to two distinct, immutable genders—the primary premise used by the Christian Right to propagate homophobia and transphobia around the world. As trans communities assert their rights, gaining visibility and some measure of social acceptance, the Christian Right is inevitably fighting tooth and nail to defend its world view.

 

Endnotes

1 Katy Steinmetz, “The Transgender Tipping Point,” TIME Magazine, May 29, 2014, http://time.com/135480/transgender-tipping-point/.

2Zach Ford, “Why Time’s Profile Of Laverne Cox Is A Big Step Forward For Transgender Equality,” ThinkProgress, May 29, 2014, http://thinkprogress.org/lgbt/2014/05/29/3442571/time-transgender/.

3 This total doesn’t account for individuals whose deaths were not reported or investigated, nor for victims who were misgendered or not regarded as trans women in death. Diana Tourjee, “’He’s Not Done Killing Her’: Why so Many Trans Women were Murdered in 2015,” Broadly, December 16, 2015, https://broadly.vice.com/en_us/article/hes-not-done-killing-her-why-so-many-trans-women-were-murdered-in-2015.

4 National Coalition of Anti-Violence Programs, “Hate Violence Against Transgender Communities,” http://www.avp.org/storage/documents/ncavp_transhvfactsheet.pdf,

5 National Advocacy for Local LGBTGH Communities, “An open letter from LGBTQ organizations in the Unites States regarding the epidemic violence that LGBTQ people, particularly transgender women of color, have experienced in 2015,” March 1, 2015, http://www.avp.org/storage/documents/webversion_ncavp_ma_national2015.pdf.

6 Stephen Peters, “New HRC Report Reveals Unprecedented Onslaught of State Legislation Targeting Transgender Americans,” Human Rights Campaign, February 22, 2016, http://www.hrc.org/blog/new-hrc-report-reveals-unprecedented-onslaught-of-state-legislation-targeti.

7 Steve Harrison, “N.C. Gov Pat McCrory signs into law bill restricting LGBT protections,” The Charlotte Observer, March 23, 2016, http://www.charlotteobserver.com/news/local/article67845317.html#storylink=cpy.

8 “ACLU-NC Denounces Passage of Most Extreme Anti-LGBT Bill in the Nation,” American Civil Liberties Union of North Carolina, March 23, 2016, https://acluofnorthcarolina.org/blog/aclu-nc-denounces-passage-of-most-extreme-anti-lgbt-bill-in-the-nation.html.

9 North Carolina Justice Center Fact Sheet, “HB2 Guts Core Worker Anti-discrimination Protections,” March 2016, http://www.ncjustice.org/sites/default/files/Factsheet_HB2_0.pdf.

10 Steve Harrison, “McCrory: If Charlotte approves LGBT protections, ‘immediate’ state response likely,” The Charlotte Observer, February 22, 2016 http://www.charlotteobserver.com/news/politics-government/article61307857.html.

11 Honor Sachs, “The Old Threadbare Lie Behind North Carolina’s HB2,” Huffington Post, April 7, 2016 http://www.huffingtonpost.com/honor-sachs/the-old-threadbare-lie-behind_b_9568054.html.

12 “HRC National Survey of Likely Voters,” Human Rights Campaign, 2015, http://www.hrc.org/resources/hrc-national-survey-of-likely-voters.

13 Valerie Richardson, “Transgender people in Washington state to use restrooms based on identity, not anatomy,” The Washington Times, December 31, 2015, http://www.washingtontimes.com/news/2015/dec/31/transgenders-in-washington-state-to-use-restrooms-/?page=all.

14 Alison Morrow, “Seattle man tests transgender rule by undressing in women’s locker room,” USA Today, February 17, 2016, http://www.usatoday.com/story/news/nation-now/2016/02/17/transgender-rule-washington-state-man-undresses-locker-room/80501904/

15 Zack Ford, “No, Transgender Protections Do Not Justify Men In Women’s Restrooms. A State Agency Just Said So,” ThinkProgress, February 29, 2016, http://thinkprogress.org/lgbt/2016/02/29/3754688/washington-transgender-protections/.

16 Sunnivie Brydom, “Texas Doubles Down on Transphobic Legislation, Adding $2,000 Fine for ‘Wrong’ Bathroom Use,” The Advocate, March 10, 2015, http://www.advocate.com/politics/transgender/2015/03/10/texas-doubles-down-transphobic-legislation-adding-2000-fine-wrong-ba

17 Just Want Privacy, “Why do we need this initiative?,” https://justwantprivacy.org/why-do-we-need-this-initiative/.

18 Joe Connelly, “I-1515, The ‘Bathroom Initiative,’ Fails to Make November Ballot,” Seattle Post-Intelligencer, July 7, 2016, http://www.seattlepi.com/local/politics/article/I-1515-the-bathroom-initiative-fails-to-make-8346927.php.

19 Kris Hayashi, interview with author, July 8, 2016.

20 990 form for Focus on the Family, 2013, http://www.guidestar.org/FinDocuments/2014/953/188/2014-953188150-0bc03f69-9.pdf.

21 Focus on the Family Issue Analysts, “’Trangenderism’ Brings chaos from Order,” Focus on the Family, http://www.focusonthefamily.com/socialissues/sexuality/transgenderism/transgenderism-brings-chaos-from-order.

22 Jim Daly, “Not in My Shower,” Focus on the Family, May 20, 2008, http://jimdaly.focusonthefamily.com/not-in-my-shower/?_ga=1.144130421.1548367314.1458137817.

23 Frederick Clarkson, “Exposed: How the Right’s State-Based Think Tanks are Transforming U.S. Politics,” PRA Eyes Right Blog, Nov. 25, 2013, http://www.politicalresearch.org/2013/11/25/exposed-how-the-rights-state-based-think-tanks-are-transforming-u-s-politics/#sthash.RwAzpLUQ.dpbs.

24 Paul Weber, “About Us,” Family Policy Alliance, 2016, http://familypolicyalliance.com/about-us/.

25 990 form for CitizenLink, 2013, http://www.guidestar.org/FinDocuments/2014/200/960/2014-200960855-0ba97027-9O.pdf.

26 990 form for North Carolina Family Policy Council, 2014, http://www.guidestar.org/FinDocuments/2014/561/751/2014-561751596-0be99b27-9.pdf.

27 Jon Rustin, “Why a Special Session to Repeal Charlotte’s Ordinance changes is Necessary,” NC Family Policy Council, March 2, 2016, http://www.ncfamily.org/wp-content/uploads/2016/03/160302-Charlotte-SOGI-Ordinance-Ltr.pdf.

28 “History of Family Research Council: Thirty Years of Advancing Faith, Family and Freedom,” Family Research Council, http://www.frc.org/historymission.

29 Zach Ford, “Family Research Council: Transgender People Need Therapy, Not Nondiscrimination Protections,” Thingprogress, February 26, 2013, http://thinkprogress.org/lgbt/2013/02/26/1643041/family-research-council-transgender-people-need-therapy-not-nondiscrimination-protections/.

30 Dale O’Leary, “The ‘Transsexual’ Delusion,” May 13, 2016, https://daleoleary.wordpress.com/2011/01/09/the-%E2%80%9Ctranssexual%E2%80%9D-delusion/#comment-1527.

31 Dale O’Leary, The Gender Agenda (Lafayette, Louisiana: Vital Issues Press, 1997), 211.

32 “LGBT Health Resources: Resources and Literature for Clinicians on LGBT Health Topics,” American Medical Association, http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/glbt-advisory-committee/glbt-resources/lgbt-health-resources.page.

33 American Psychological Association Council of Representatives, “Transgender, Gender Identity, & Gender Expression Non-Discrimination,” August 2008, http://www.apa.org/about/policy/transgender.aspx.

34 Jack Drescher and Ellen Haller, American Psychiatrist Association’s Caucus of Lesbian, Gay and Bisexual Psychiatrists. “Position Statement on Discrimination Against
Transgender and Gender Variant Individuals,” July 2012, https://www.psychiatry.org/home/search-results?k=transgender.

35 Jacob Brogan, “The FRC’s Anti-Trans Policy Paper Is Basically a Flag of Surrender,” Slate, June 24, 2015, http://www.slate.com/blogs/outward/2015/06/24/the_family_research_council_s_anti_trans_policy_paper_is_intellectually.html.

36 Brynn Tannehill, “And Then They Came for Transgender People,” Huffington Post, February 18, 2016, http://www.huffingtonpost.com/brynn-tannehill/and-then-they-came-for-tr_b_9258678.html.

37 “Sexchange,” Baltimore Style, http://baltimorestyle.com/3347/fe_sexchange_jf07/.

38 Steve Sailer, “’1984:’ First Time a Tragedy, Second Time as Farce,” The Unz Review, June 2, 2015, http://www.unz.com/isteve/1984-first-time-as-tragedy-second-time-as-farce/.

39 Hatewatch Staff, “Meet the Anti-LGBT Hate Group that Filed an Amicus Brief with the Alabama Supreme Court,” Southern Poverty Law Center, November 13, 2015, https://www.splcenter.org/hatewatch/2015/11/13/meet-anti-lgbt-hate-group-filed-amicus-brief-alabama-supreme-court.

40 Michelle A. Cretella, Quentin Van Meter, and Paul McHugh, “Gender Ideology Harms Children,” American College of Pediatricians, March 21, 2016, http://www.acpeds.org/the-college-speaks/position-statements/gender-ideology-harms-children.

41 Cole Parke, “The Christian Right’s Love Affair with Anti-Trans Feminists,” PRA Eyes Right Blog, August 11, 2016, http://www.politicalresearch.org/2016/08/11/the-christian-rights-love-affair-with-anti-trans-feminists/#sthash.hHrJSj8z.dpbs.

42 “Who We Are,” Alliance Defending Freedom, https://www.adflegal.org/about-us.

43 Rob Boston, “With Millions in Assets And Hundreds of Attorneys, Christian Right Is Waging War on the Church-State Wall,” Alternet, March 5, 2013, http://www.alternet.org/belief/millions-assets-and-hundreds-attorneys-christian-right-waging-war-church-state-wall.

44 Alberto Carosa, “The Remnant Interviews CEO of Alliance Defending Freedom,” The Remnant, May 8, 2014, http://remnantnewspaper.com/web/index.php/articles/item/624-the-remnant-interviews-ceo-of-alliance-defending-freedomculum.

45 Josh Israel, “The 800-Pound Gorilla of the Christian Right,” Thinkprogress, May 1, 2014, http://thinkprogress.org/lgbt/2014/05/01/3429448/alliance-defending-freedom/.

46 Jeremy D. Tedesco, J. Matthew Sharp, and Rory T. Gray, “Student Physical Privacy Policy,” Alliance Defending Freedom, December 4, 2014, http://www.adfmedia.org/files/StudentPhysicalPrivacyPolicy.pdf.

47 “ADF recommends Policy to Protect Student Privacy in Restrooms, Locker Rooms,” Alliance Defending Freedom, December 5, 2014, http://www.adfmedia.org/News/PRDetail/?CID=82478.

48 VA. School District Policy Respects All Children’s Privacy, Safety Needs,” Alliance Defending Freedom, December 19, 2014, http://www.adfmedia.org/News/PRDetail/?CID=82681.

49 G.G. v. Gloucester County School Board, April 19, 2016, https://www.aclu.org/cases/gg-v-gloucester-county-school-board.

50 “Tell A School- Share the Student Physical Privacy Policy,” TrueTolerance: a project of Focus on the Family, http://www.truetolerance.org/tell-a-school-share-the-student-physical-privacy-policy/.

51 Rachel Percelay, “A ‘Religious Freedom’ Legal Powerhouse is Leading the National Fight Against Transgender Students,” MediaMatters, November 5, 2015, http://mediamatters.org/research/2015/11/05/a-religious-freedom-legal-powerhouse-is-leading/206588.

52 Trevin Wax, “What to Make of Southern Baptists’ Declining Numbers,” Religious News Service, June 16, 2015, http://religionnews.com/2015/06/16/make-southern-baptists-declining-numbers-commentary/.

53 Tyler Lopez, “Southern Baptists Unleash Judgement, Resolution After Resolution,” Slate, June 12, 2014, http://www.slate.com/blogs/outward/2014/06/12/southern_baptist_convention_condemns_trans_community.html.

54 David Roach, “SBC’s Homosexuality Stance Reinforced by 1992 Amendment,” Baptist Press, July 21, 2014, http://www.bpnews.net/43006/sbcs-homosexuality-stance-reinforced-by-1992-amendment.

55 Albert Mohler, “Topics,” http://www.albertmohler.com/topics/.

56 Albert Mohler, “God and the Gay Christian?: A Response to Matthew Vines,” http://www.amazon.com/God-Gay-Christian-Response-Conversant-ebook/dp/B00KBA8L9Q.

57 Kyle Mantyla, “Just Say No… To The Phrase ‘Gay Christian,’” Right Wing Watch, September 28, 2011, http://www.rightwingwatch.org/content/just-say-no-phrase-gay-christian.

58 Denny Burk, “A Resolution on Transgender for the SBC,” June 2, 2014, http://www.dennyburk.com/a-resolution-on-transgender-for-the-sbc/.

59 “On Transgender Identity,” Southern Baptist Convention, 2014, http://www.sbc.net/resolutions/2250/on-transgender-identity.

60 Boston University Medical Center, “Transgender: Evidence on the Biological Nature of Gender Identity.” ScienceDaily, www.sciencedaily.com/releases/2015/02/150213112317.htm.

61 Zack Ford, “How the Southern Baptist are Still Completely Failing Transgender People,” ThinkProgress, October 31, 2014, http://thinkprogress.org/lgbt/2014/10/31/3587156/erlc-transgender/.

62 “Our History,” Council on Biblical Manhood and Womanhood, http://cbmw.org/about/history/.

63 ‘Owen Strachan Appointed President of CBMW,” Council on Biblical Manhood and Womanhood, May 12, 2014, http://cbmw.org/topics/news-and-announcements/owen-strachan-appointed-president-of-cbmw/.

64 Nonprofit Report, Council of Biblical Manhood and Womanhood, Jun 14, 2016, http://www.guidestar.org/profile/36-3635678.

65 Matt Damico, “CBMW Announcement: Owen Strachan Resigns as CBMW President,” Council on Biblical Manhood and Womanhood, July 12, 2016, http://cbmw.org/topics/news-and-announcements/cbmw-announcement-owen-strachan-resigns-as-cbmw-president/.

66 Owen Strachan at the 2016 CBMW T4G Pre-Conference, “The Goodness and Truthfulness of Complementarity,” April 11, 2016, https://www.youtube.com/watch?v=AUBeqe5donQ.

67 Matt Damico, “CBMW Announcement: Denny Burk Named CBMW President,” Council on Biblical Manhood and Womanhood, July 20, 2016, http://cbmw.org/public-square/cbmw-announcement-denny-burk-named-cbmw-president/.

68 David A. Graham, “’State-sponsored Discrimination’: Loretta Lynch Takes on North Carolina’s Bathroom Bill,” The Atlantic, May 9, 2016, http://www.theatlantic.com/politics/archive/2016/05/state-sponsored-discrimination-loretta-lynch-takes-on-north-carolinas-hb2/481986/

69 American Civil Liberties Union of North Carolina, “ACLU-NC Denounces Passage of Most Extreme Anti-LGBT Bill in the Nation,” March 23, 2016, https://acluofnorthcarolina.org/blog/aclu-nc-denounces-passage-of-most-extreme-anti-lgbt-bill-in-the-nation.html.

70 “Federal Court of Appeals Rules in Favor of Transgender Student in Virginia Restroom Access Case,” American Civil Liberties Union of Virginia, April 19, 2016 https://acluva.org/18447/federal-court-of-appeals-rules-in-favor-of-transgender-student-in-virginia-restroom-access-case/

71 Sarah Warbelow and Remington Gregg, “Hidden Discrimination: Title IX Religious Exceptions Putting LGBT Students at Risk,” Human Rights Campaign, http://hrc-assets.s3-website-us-east-1.amazonaws.com/files/assets/resources/Title_IX_Exemptions_Report.pdf.

72 Scott Jaschik, “Not the First Exemption,” Inside Higher ED, July 15, 2014, https://www.insidehighered.com/news/2014/07/15/george-fox-previously-won-exemption-title-ix-so-it-could-discriminate-against.

73 Denny Burk, “A Resolution on Transgender for the SBC,” June 2. 2014, http://www.dennyburk.com/a-resolution-on-transgender-for-the-sbc/.

74 “51 Families Sue Feds, Chicago-area School District for Violating Student Privacy,” Alliance Defending Freedom, May 4, 2016, http://www.adflegal.org/detailspages/press-release-details/51-families-sue-feds-chicago-area-school-district-for-violating-student-privacy.

75 Students and Parents for Privacy v. United States Department of Education, May 4, 2016, http://www.adfmedia.org/files/SPPcomplaint.pdf.

76 Religious Right Research: Alliance Defending Freedom,” Americans United for Separation of Church and State, https://www.au.org/resources/religious-right/alliance-defense-fund-adf.

77 Frederick Clarkson, “When Exemption is the Rule: The Religious Freedom Strategy of the Christian Right,” Political Research Associates, January 12, 2012, http://www.politicalresearch.org/when-exemption-is-the-rule-the-religious-freedom-strategy-of-the-christian-right/#sthash.v1MRBEvp.dpbs.

78 “Laws Enforced by EEOC,” U.S. Equal Employment Opportunity Commission, https://www.eeoc.gov/laws/statutes/.

79 “Why the Equality Act?” Human Rights Campaign, http://www.hrc.org/resources/why-the-equality-act.

World Congress of Families Descends on Africa

Poster for next week's African Regional Conference on Families.

Poster for the African Regional Conference on Families scheduled to take place in Nairobi next week.

Next week, the World Congress of Families (WCF) will host a regional conference in Nairobi, Kenya. For several years, PRA has tracked and reported on the WCF’s role in the U.S. Religious Right’s global export of homophobia and sexism, and the organization’s increasing focus on Africa is of grave concern.

WCF’s international convenings function as key sites of right-wing strategy development and dissemination. From its headquarters in Rockford, Illinois, WCF and its member organizations use deceptive “pro-family” rhetoric to promote conservative ideologies that dictate who counts as “family,” and who doesn’t (that is, any and all “nontraditional” families such as those constructed by single parents, same-sex couples, grandparents, non-biological guardians, etc.). These ideologies are then codified into regressive laws and policies that criminalize LGBTQ people and abortion, condoning and promoting the ongoing persecution, oppression, and violence experienced by women and LGBTQ people around the world.

WCF’s presence in Kenya has the potential to do real damage in a country that has been in the crosshairs of the U.S. Christian Right for many years. In 2010, the American Center for Law and Justice (ACLJ) opened an office in Nairobi, just as Kenya was debating a new constitution that included controversial addendums to its penal code regarding abortion. As Mother Jones reported, the ACLJ, founded by American televangelist Pat Robertson, “was among the most vocal opponents of the new constitution,” pledging to spend “tens of thousands of dollars” on the effort to defeat the constitution. Speaking to Christianity Today about the establishment of the “East African Center for Law and Justice” (ACLJ’s Nairobi branch), the group’s then-director of international operations, Jordan Sekulow, explained, “We’re looking long-term in Kenya because it’s such an influential country throughout Africa.”

Though abortion remains illegal, the new constitution—which was approved by a 67 percent majority—carved out exceptions if “in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.” Despite these allowances, quality maternal health care and safe and legal abortion services remain largely inaccessible in Kenya.

Reporting on the aftermath of Kenya’s constitutional referendum, the progressive group Catholics for Choice warned, “[E]xternal forces, predominantly US evangelists, maintain a disproportionate level of influence in Kenya, beyond the debate on abortion. Ample political and financial resources allowed U.S. fundamentalists and anti-reproductive rights groups to establish offices in Kenya and recruit local staff. This presence might yet prove to be a springboard for more aggressive action in other parts of Africa. The activities of these outside religious groups should be closely watched, as they are placed to continue advancing their agenda to deny access to sexual and reproductive health services needed by many.”

Indeed, the influence of the U.S. Christian Right continues to wreak havoc in Kenya. As PRA’s senior religion and sexuality researcher Rev. Dr. Kapya Kaoma notes, WCF’s upcoming African Regional Conference on Families “may be called African in name only.” As Kaoma argues, “It is a U.S. conservative conference on African soil.”

The African Regional Conference on Families is scheduled to take place at the Hotel Intercontinental in Naiborbi, Kenya on September 22-24, 2016. (Image: conference promotional video available at https://youtu.be/CCw4Z9KqDdo)

The African Regional Conference on Families is scheduled to take place in Nairobi, Kenya on September 22-24, 2016. (Image: Conference promotional video available at https://youtu.be/CCw4Z9KqDdo)

The headlining speakers at WCF events are typically high-profile leaders of the U.S. Christian Right who are uniformly pursuant of an international anti-choice, anti-LGBTQ agenda. In the case of the upcoming Nairobi conference, Sharon Slater, President of Arizona-based Family Watch International, and Don Feder, WCF’s Director of Coalitions, will both be speaking. Additionally, Michael Hichborn, President of the right-wing Lepanto Institute, will present on behalf of the Population Research Institute. Hichborn, a Catholic anti-abortion activist based in Virginia, has referred to homosexuality as a “disordered condition” comparable to kleptomania and alcoholism and warns, “Western civilisation is on the brink of a moral implosion.”

In his foreword to Kaoma’s 2012 exposé, “Colonizing African Values: How the U.S. Christian Right is Transforming Sexual Politics in Africa,” PRA’s Executive Director Tarso Luis Ramos wrote:

In Black Skin, White Masks French-Algerian psychiatrist and anti-colonial activist Frantz Fanon famously wrote of the colonized African’s aspiration to imitate the culture and manners of White colonizers. Sixty years later, we find White Christian Right neocolonialists seeking legitimacy through a process of Africanizing the local leadership of their operations and leveling charges of neocolonialism against Western governments and international human rights groups when they advocate for the human rights of women and LGBTQ people. This tactical inversion of the colonial relationships described by Fanon might aptly be characterized as “White skin, Black masks.”

As Kaoma observes, “The upcoming WCF conference confirms PRA’s research on the Christian Right’s attempts to hide behind African faces. By whitewashing its activities with African masks, U.S. conservative organizations are transforming African sexual politics. ”

Ann Kioko is WCF’s newest mask-wearer, joining Theresa Okafor, WCF’s African regional director. Kioko, who describes homosexuality as a “learned behaviour” imported from the West, is president of the African Organization for Families and WCF’s lead conference organizer. She has worked for U.S. Christian Right groups such Culture of Life, Human Life International, and previously worked as the Program Manager for the Kenya Christian Professionals Forum, a partner organization of the East African Center for Law and Justice.

Another concerning speaker on the schedule is Stephen Langa, founder and executive director of Family Life Network Uganda. In March 2009, Langa hosted the infamous “Seminar on Exposing the Homosexuals’ Agenda,” which featured several U.S. Christian Right speakers, including Massachusetts-based American pastor Scott Lively. Lively’s presentation provided the raw material for what would become Uganda’s Anti-Homosexuality Bill (commonly referred to as the “Kill the Gays” bill due to death penalty clauses in the original draft).

When a draft of the Anti-Homosexuality Bill (AHB) initially came before Parliament in April 2009, Langa was among a handful of religious leaders singled out by Deputy Speaker of Parliament Rebecca Kadaga to help advance the legislation. Langa was later indicted as one of four Ugandan co-conspirators in an ongoing U.S. federal lawsuit brought by Sexual Minorities Uganda, an LGBTQI advocacy group, against Scott Lively for “crimes against humanity.”

Langa, who hosted a service in 2013 to “celebrate the passing of the AHB into law and for preserving the sovereignty of our Nation,” sees his crusade against LGBTQI people as “a conflict between the kingdom of Satan and the Kingdom of God.” Now he’s helping to stoke the flames of that Western neocolonial crusade to Kenya.

Behind the Black masks of African fronts like Langa and Kioko, American activists like Slater, Feder, Hichborn, and other White, U.S. Christian Right stakeholders can gain access to politicians, religious authorities, and civic leaders. The organizers in Kenya have already indicated that Phyllis Kandie, Cabinet Secretary for Kenya’s Ministry of East African Community, Labour and Social Protection will be attending, and the agenda includes a closed door meeting exclusively for conference speakers, members of parliament, and dignitaries.

According to Kaoma, “Hiding behind African masks is the most effective route to Africa’s corridors of power.” WCF has observed this neocolonial dynamic, too, and is now positioning itself in Kenya to take full advantage of it, using a strategy that’s eerily similar to the formula documented by PRA in the lead up to Uganda’s “Kill the Gays” bill.

The Christian Right’s Love Affair with Anti-Trans Feminists

Photo by Mr.TinDC via Flickr.

Photo by Mr.TinDC via Flickr.

 

Intersectionality /ˌintərˈsekSHənˈalitē/ noun the linking of different systems of power and oppression (e.g. racism, sexism, heterosexism, classism, ableism, etc.), which can occur at different levels—individual, interpersonal, family, community, and institutional.

Since American professor Kimberlé Crenshaw first introduced the term in 1989, “intersectionality” has become 21st Century activism’s favorite buzzword. Nearly 30 years later, though, social justice organizers are still struggling to get it right; meanwhile, the Right is more than happy to exploit our yet-to-be-fully-realized aspirations, effectively taking advantage of internal conflicts and rifts to further advance an agenda that does deep, deep damage to all of us.

In this current political moment of heightened anti-trans targeting, when school boards and legislatures across the country are debating whether or not transgender people should be allowed access to public facilities, one wedge of particular note and intrigue is the Right’s assertion that the bathroom hysteria they’ve whipped up isn’t an anti-trans campaign, but rather a pro-woman one. As Joseph Backholm, executive director of the right-wing Family Policy Institute of Washington State, argues, the “transgender phenomenon” isn’t just an attack on women’s privacy, but a “war on womanhood” itself. And under the guise of feminism, they’re ready to go to battle, their patriarchal battle cry being, “Protect our girls!”

The Right is selectively highlighting and leveraging the scholarship of a fringe group of highly controversial academics collectively labeled “Trans-Exclusionary Radical Feminists” (TERFs).

Although there’s a strong and growing presence of trans-feminist thought and activism, the Right is selectively highlighting and leveraging the scholarship of a fringe group of highly controversial academics collectively labeled “Trans-Exclusionary Radical Feminists” (TERFs), a term coined in 2008 by cisgender women seeking to name a dangerous vein in the feminist movement and assert themselves as trans allies, distinct from their anti-trans counterparts.

Although most categorized as TERFs reject the label (as well as the term cisgender) and consider it to be insulting, they openly espouse their anti-trans notion that trans women “aren’t really women”—that real womanhood is exclusively determined on a natal, biological level. These arguments (key elements of what’s called “gender essentialism”) align themselves with and fuel the flames of right-wing transphobia. TERFs also maintain that trans men are simply women who are “traitors,” but like the Right, most of their venom is saved for trans women.

The current surge of anti-trans attacks cropping up in legislatures and school boards across the country has come as a shock to many LGB activists. Still basking in the glow of last year’s marriage equality victory, many failed to realize that the trickle-down justice strategy of mainstream gay rights organizations was inherently flawed. That 2015 was also a year in which more trans women were killed by acts of extreme violence in the U.S. than any year prior on record makes this painfully evident.

In response to laws like North Carolina’s HB 2 (described by Sarah Preston, acting executive director of the ACLU of North Carolina, as “the most extreme anti-LGBT bill in the nation”), activists quickly mobilized resistance against some of the most obvious targets—people like Gov. Pat McCrory and other Republican leaders responsible for hastily forcing the law through the state’s legislature. Others attempted to pull back the curtain, calling out the role of national right-wing organizations like the Alliance Defending Freedom, a massive and deep-pocketed network of conservative lawyers that has spent the last two decades manipulating and redefining religious freedom in order to advance their Christian Right agenda.

As noted above, however, the forces at play in this current anti-trans offensive are not exclusively right-wing operatives. TERF scholarship laid a cultural and intellectual foundation upon which the Right could build an argument that would appeal to both conservatives and certain sectors of the Left.

Comic strip by Barry Deutsch: leftycartoons.com.

Comic strip by Barry Deutsch: leftycartoons.com.

In June 2015, the Washington, D.C.-based Family Research Council (FRC) laid out a five-point plan for “responding to the transgender movement.” The right-wing group’s position paper was co-authored by Peter Sprigg, a senior fellow at FRC, and Dale O’Leary, a Catholic writer based in Avon Park, Florida. Sprigg has argued that transgender people suffer from “delusions” and he is a proponent of so-called “reparative therapy.” O’Leary depicts transgender people as “liars” and suggests that “sexual liberationists” are “targeting children” in order to expose them to “molesters and exhibitionists masquerading as sex educators.”

Ignoring trans-affirming positions from the American Medical Association, the American Psychological Association, and the American Psychiatric Society, the two dredged up obscure and outdated scientific theories in an attempt to pathologize transgender people (thereby justifying their persecution), and then outlined a strategy for advancing anti-trans public policy. Specifically, FRC argues against providing trans people with access to gender-affirming healthcare, life-saving gender transition procedures, legal recognition, protection from discrimination, and the right to serve in the military.

But Sprigg and O’Leary didn’t come up with their anti-trans strategy all by themselves. Among the various sources upon which they drew in order to make their case against “transgenderism” was Janice Raymond, a lesbian scholar and infamous anti-trans activist.

Journalist Tina Vasquez documents that in 1980,

Raymond wrote a report for the Reagan administration called “Technology on the Social and Ethical Aspects of Transsexual Surgery,” which informed the official federal position on medical care for trans people. The paper’s conclusion reads, “The elimination of transsexualism is not best achieved by legislation prohibiting transsexual treatment and surgery, but rather by legislation that limits it and by other legislation that lessens the support given to sex-role stereotyping.”

Janice Raymond's 1979 book, The Transsexual Empire, has been considered extremely transphobic and even constituting hate-speech.

Janice Raymond’s 1979 book, The Transsexual Empire, has been considered extremely transphobic and even constituting hate-speech.

Another example of right-wing players building off of TERF scholarship features Dr. Paul McHugh, professor of psychiatry at Johns Hopkins University. As a member of the American College of Pediatricians, a right-wing breakaway group that split from the American Academy of Pediatrics in 2002, McHugh co-authored a new position statement this past March that claims that respecting transgender children’s identities causes them harm and is akin to “child abuse.”

Among McHugh’s primary sources? Sheila Jeffreys, another lesbian scholar and anti-trans activist who, like Janice Raymond, is deemed a TERF by advocates for trans justice. Jeffreys recently retired after 24 years of teaching at the University of Melbourne but remains highly influential. She refers to gender-affirmation surgery (also known as gender-reassignment surgery) as a form of mutilation and describes the “practice of transgenderism” as harmful and a “human rights violation.”

While the Right lays siege to some of the most vulnerable members of the LGBTQ community (made especially vulnerable by historic and ongoing neglect and exclusion by the mainstream gay and lesbian movement), it’s TERFs who may actually be guilty of drafting their talking points, adding fuel to the fire of this dangerous anti-trans frenzy.

 

 

 

Alliance Defending Freedom: the Right-Wing Lawyers Fueling Transphobia in Schools

Co-authored by Gabriel Joffe

In the past year—a year in which Caitlyn Jenner graced the cover of Vanity Fair and Raffi Freedman-Gurspan became the first openly transgender White House staffer—at least 23 transgender people have been killed in the United States. This is a significant uptick from the 12 reported murders in 2014 and these somber totals only include individuals whose deaths were recorded and whose identities were accurately reported. These are not individual, random acts of hate. A majority of those killed were transgender women of color under the age of 25, a reality that makes evident who experiences disproportionate and extreme acts of violence…who is considered most disposable by a society that was built, sustained, and continues to grow on the structures of heteropatriarchy, misogyny, and white supremacy.

With 2015 coming to an end, we reaffirm our commitment to continue investigating the roots of right-wing, anti-trans violence as we remember:

Papi Edwards, Lamia Beard, Ty Underwood, Yazmin Vash Payne, Taja Gabrielle DeJesus, Penny Proud, Bri Golec, Kristina Gomez Reinwald, Keyshia Blige, Mya Hall, London Chanel, Mercedes Williamson, Shade Schuler, India Clarke, Ashton O’Hara, Amber Monroe, Kandis Capri, Elisha Walker, Tamara Dominguez, Kiesha Jenkins, Zella Ziona, K.C. Haggard, Jasmine Collins, and those whose names we do not know.

All across the country, resistance to and backlash against incremental advancements in transgender equality is cropping up in courtrooms, legislatures, churches, and school boards. Anti-discrimination protections for transgender citizens have been blocked at the city, state, and federal level and the New York Times recently reported that since 2014, more than two dozen religiously affiliated colleges and universities in the U.S. have obtained exemptions from Title IX (the 1972 federal law that was intended to eliminate discrimination in schools on the basis of sex). The previously rare applications for such exemptions, “have increased sharply in the years since the federal government began to interpret the law as prohibiting discrimination against transgender people.”

Mixed with the systemic ingredients of anti-trans violence, which put trans women of color especially at the life-threatening nexus of white supremacy, heterosexism, and misogyny, is a cadre of Christian Right actors who are effectively fueling the fire through policies and legal campaigns. These campaigns directly result in discrimination and exclusion, and cultivate a culture that permits oppression, violence, and even death for transgender and gender-nonconforming people. One of the driving forces behind this national (and increasingly international) trend is the Alliance Defending Freedom (ADF).

Alliance Defending Freedom is a right-wing Christian legal group based in Scottsdale, Arizona,

Alliance Defending Freedom is a right-wing Christian legal group based in Scottsdale, Arizona

ADF, a right-wing Christian legal group based in Scottsdale, Arizona, counts more than 3000 “allied attorneys” on its roster, all of whom are working to “preserve and defend” their definition of religious freedom, which they consider “our most cherished birthright.” ADF self-reports that its army of Christian Right lawyers has racked up 47 victories at the U.S. Supreme Court since it was launched in 1994, and has played a role in “hundreds of international legal matters affecting religious freedom.” It is also a rapidly growing organization, with annual contributions and grants received increasing from 14.7 million in 2001 to 38.9 million in 2013.

As part of ADF’s multi-faceted effort to advance its anti-LGBTQ agenda through legal means, the organization began a new initiative in 2014 with longtime partner Focus on the Family (FOTF) to promote a “Student Physical Privacy Policy” for schools. The policy provides model guidelines for schools to supposedly protect students in areas such as bathrooms and locker rooms. In reality, “physical privacy rights”as outlined in these policies clearly do not apply to all students; instead, they encode trans-exclusionary guidelines and subject transgender students to being further scrutinized, put on display, and interrogated when it comes to their privacy. (The bathroom can already be a  site of major anxiety for transgender youth as it is a location where they may experience ridicule or assault, and where issues can occur that “out” their identity to the school community.)

In reality, “physical privacy rights”as outlined in these policies clearly do not apply to all students; instead, they encode trans-exclusionary guidelines and subject transgender students to being further scrutinized, put on display, and interrogated when it comes to their privacy.

ADF’s anti-LGBTQ meddling in schools dates back to at least 2005, when it launched the “Day of Truth” campaign “to counter the promotion of the homosexual agenda and express an opposing viewpoint from a Christian perspective.” The program (now run by FOTF with ongoing legal support from ADF) aims to counter the annual “Day of Silence,” in which students use intentional silence to protest and spread awareness about the effects of anti-LGBTQ bullying and harassment.

More recently, ADF has begun been making targeted attacks on school districts that introduce trans-inclusive gender identity guidelines. In March 2014, the Tucson Unified School District passed a bathroom policy allowing students to access the bathroom of their affirmed gender. ADF responded to the new TUSD policy with their own anti-trans proposal, assuring that it didn’t violate Title IX and offering free defense against any potential legal repercussions. In October 2014, ADF submitted a similar letter to the Sparta Area School District in Wisconsin after the district’s school superintendent introduced trans-affirming gender identity guidelines.

ADF shifted this district-by-district reactionary approach to an all-out offensive in December 2014, with the release of a statement subtitled “model policy provides solution for public schools.” In this statement ADF announced that it had emailed public school superintendents nationwide to preemptively “advise them of a recommended policy and letter that protects the physical safety and privacy of students in restrooms and locker rooms while providing a solution for school officials concerned about students struggling with their sexual identity.” The email also included a warning that any school district supporting trans-inclusive policies “would clearly expose itself—and its teachers—to tort liability.”

The response was almost immediate. Within weeks, the Gloucester County School Board in Virginia adopted ADF’s model policy. The policy was subsequently used to deny Gavin Grimm, a transgender male student at Gloucester High School, access to the boys’ restroom. The ACLU is now representing Grimm in an ongoing legal dispute that has the potential to set a dangerous precedent. The policy has also shown up on other public school websites such as the Wellston Public School in Oklahoma, which adopted the privacy policy in January.

In addition to aggressive email outreach, ADF’s model policy is also being disseminated through “True Tolerance,” an FOTF project. The project website provides a “Tell a School” tool that allows visitors to share ADF’s Student Physical Privacy Policy with their local school board. The form is pre-populated with a message calling on administrators to protect children’s “innocence” and respect values, “especially regarding sensitive subjects concerning sexuality and family issues.” The message refers administrators to the linked Student Physical Privacy Policy while a sidebar reassures the sender: “Don’t worry if you don’t see the links to the information mentioned in the email. They automatically appear in your school official’s email once the message is sent.” In this way, ADF’s model policy can be sent through FOTF’s website without the sender even reading it.

Thanks to the ADF and FOTF’s joint effort, it’s likely that countless other schools have quietly adopted trans-exclusionary policies.

Thanks to the ADF and FOTF’s joint effort, it’s likely that countless other schools have quietly adopted trans-exclusionary policies, writing oppression into their student handbooks and thus ensuring the right to discriminate against transgender students who seek to access facilities that align with their affirmed gender identity.

In addition to the experience of Gavin Grimm in Virginia, we’re already seeing further examples of anti-trans policies motivating anti-trans actions. This past August, 150 students staged a walkout at a Missouri high school, parroting ADF’s rhetoric in their protest of a transgender classmate, Lila Perry, using the girls’ restroom. A coalition of organizations including the Transgender Law Center and GSA Network responded by holding a #LiftingUpLila rally with local supporters. Ka’Milla, a youth organizer from Missouri GSA Network, addressed the crowd saying, “Young people like Lila and myself are being pushed out of the very schools we have been told we have to attend. The policies and practices that push students out of school and away from their education is real. It holds up the cycle of socialization and stops us from reaching liberation.”

More than 100 people joined in support of Missouri transgender high-schooler Lila Perry Friday at the #LiftingUpLila rally. Photo courtesy of Revolution News.

More than 100 people showed up to support Missouri transgender high-schooler Lila Perry at the #LiftingUpLila rally. Photo courtesy of Revolution News.

Beyond the immediate material implications for trans and gender-nonconforming students, the language contained in these policies fuels social stigma and reflects one of the Right’s oldest and most powerful weapons in opposing LGBTQ civil rights: bathroom scare tactics. Most recently, Houston voters repealed the city’s Equal Rights Ordinance (HERO) in November, after opponents (ADF among them) thoroughly saturated the airwaves with fear-based ads warning that HERO would allow male sexual predators to sneak into women’s bathrooms by claiming to be transgender. This myth-turned-campaign-tactic exploits fear of sexual violence in the complete absence of factual evidence or meaningful conversation about what sexual violence actually looks like in our society. Although this trope is riddled with inaccuracies, it has proven to be a devastating obstacle to LGBTQ justice—most especially for trans and gender-nonconforming people.

Bathroom scare tactics also rely on notions of both gender and biological sex that are unfounded and outdated. In the case of the Student Physical Privacy Policy, ADF bases the policy solely on their definition of “sex”—one that completely erases the existence of intersex people (statistically 1 in 2000 births) and is inconsistent with definitions provided by the medical community. Further, it is more likely that transgender students are being targeted on the basis of their gender expression rather than at the level of their genitalia or chromosomes, but  definitions of gender and gender identity are not provided in the policy. (This is an important distinction because as we learned in a 2011 national transgender discrimination report, K-12 students who expressed a transgender identity or gender non-conformity reported “alarming rates of harassment (78%), physical assault (35%) and sexual violence (12%); harassment was so severe that it led almost one-sixth (15%) to leave a school in K-12 settings or in higher education.”)

With these “privacy” policies, ADF and other right-wing organizations are blocking the critical conversation around human gender diversity from moving forward in our schools and communities. Their intentional erasure of real bodies and authentic identities promotes the idea that this is a world where trans people shouldn’t exist—an idea that ends with extreme violence towards our community.

About the Authors:

Gabriel Joffe is the program coordinator at Political Research Associates. 

L. Cole Parke is PRA’s LGBTQ & Gender Justice Researcher, and has been working at the intersections of faith, gender, and sexuality as an activist, organizer, and scholar for the past ten years. Raised in a military family and a conservative Christian world, Cole studied theology at Texas Lutheran University, earned their Master’s in Conflict Transformation at Eastern Mennonite University’s Center for Justice & Peacebuilding, and traveled throughout the country advocating for LGBTQ justice at conservative religious schools and institutions as a part of the 2008 and 2012 Soulforce Equality Rides.

Boy Scouts, Transgender Youth, and Delaware’s “Bathroom Bill”

transgenderThe Boy Scouts of America (BSA) last month made a historic reversal of its long-time ban on gay scouts, now allowing openly gay youth to join .  BSA still excludes openly gay men from serving as leaders, however, and the issue of whether to admit transgender youth has been left out of the dialogue surrounding this major decision.

This general silence around the organization’s transgender policy represents a barrier to further progress and is in lockstep with behaviors of other conservative organizations.  The transgender rights movement, while making strides in several states, is still considered by many to be dwarfed by the larger marriage equality movement focused on helping the “LGB” (lesbian, gay, bisexual) population within the LGBT acronym. Yet transgender children arguably are the most in need of legal protections.

On June 19, the Delaware state legislature made an effort to ensure justice and protections for transgender residents of the state by passing the Gender Identity Nondiscrimination Act.  It outlaws discrimination against transgender people and makes Delaware the seventeenth state to pass such legislation. Massachusetts passed similar legislation barring discrimination within the context of public education.  Read More