A slate of anti-LGBTQ laws and policies is sweeping across the country with transgender and gender-nonconforming people squarely in the crosshairs. While violence and oppression continue to wreak havoc on the lives and livelihoods of trans people, as of this writing at least 44 anti-trans bills have been proposed in 16 states this year, aimed at putting an already vulnerable community at even greater risk for harassment, abuse, ostracization, and discrimination.
But this attack isn’t restricted to the Bible Belt, nor is it limited to GOP-dominated cities and states. Trans people are being systematically targeted across the country as part of a nationally coordinated effort led by a coalition of Christian Right powerhouses – organizations that have been plotting this campaign since long before even the concept of a “post-marriage equality moment” existed.
Precariously situated at the end of the LGBT family, the “T” has often been neglected and/or forgotten by those on both the Right and the Left. Now, with the LGB portion of the queer umbrella experiencing increasing levels of legal acceptance, affirmation in the media, and economic access in the United States, the Right has cast their spotlight in the direction of those whom they’ve determined are still easily scapegoated; those who dare to continue resisting assimilation – trans and gender-nonconforming people.
Last week, North Carolina’s General Assembly approved a bill that was described by Sarah Preston, acting Executive Director of the ACLU of North Carolina, as “the most extreme anti-LGBT bill in the nation.” House Bill 2 (HB2) invalidates the recent expansion of nondiscrimination protections for LGBTQ individuals in the City of Charlotte, and additionally prevents all municipalities in the state from adding any new protections for LGBTQ people.
HB2 was introduced and passed in the span of a single day during a special session called expressly for the purpose of eliminating Charlotte’s expanded nondiscrimination ordinance (costing taxpayers $42,000). The ordinance in question would have (among other things) granted the right to transgender individuals to use public facilities that correspond to the gender with which they identify. In other words, this straightforward civil rights measure would have allowed a trans man (or, more simply put, a man) to utilize a men’s bathroom, and a trans woman (a woman) to use bathrooms designated for women.
Despite the valiant resistance of organizers, activists, faith leaders, and families from across the state (and the fact that, to date, there have been no cases in which a trans person has committed assault in a bathroom), anti-trans fear mongering ruled the day, and within hours of passing both the House and Senate, HB2 was signed into law by Gov. Pat McCrory, R, who 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.”
Gov. McCrory’s words speak to the effectiveness of the massive coalition of national players behind this devastating blow to LGBTQ people in the State of North Carolina. Over the last several years, right-wing opponents to social justice have steadily honed their anti-trans tactics and rhetoric, and now we’re seeing the effects of their well-resourced, diligent campaigning.
Led by Christian Right powerhouses like the Alliance Defending Freedom, Focus on the Family, and Family Research Council, this coalition aims to scare communities into believing that women and girls are in grave danger as a result of comprehensive civil rights legislation by falsely painting transgender people as deviant, dangerous, and sick. (If this sounds eerily familiar, recall that less than 40 years ago, this exact same rhetoric was applied in anti-gay witch hunts such as Anita Bryant’s infamous “Save Our Children” campaign in 1977, which successfully repealed a county ordinance in Florida that prohibited discrimination against gay and lesbian citizens in employment, housing, and public accommodations.)
Indeed, McCrory’s comments echo both the historic vitriol of the Christian Right of yesteryear and the distorted, anti-trans language that Bryant’s contemporaries are currently propagating around the country. Notably, McCrory’s rhetoric matches that of a letter he received on March 2, 2016 from John Rustin, president of the North Carolina Family Policy Council (NCFPC), reacting to 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,” spoon-feeding McCrory the talking points needed to make it all happen.
It’s important to know that NCFPC isn’t just some obscure, local, “family values” operation. NCFPC is an affiliate of Focus on the Family’s policy arm, CitizenLink, a multi-million dollar operation that oversees a national network of 39 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. In addition to providing strategic direction for its affiliates, CitizenLink also contributes financially. According to the most recently available IRS form 990s from both organizations, CitizenLink contributed nearly $170,000 to NCFPC in 2013, which amounts to over one third of NCFPC’s operating budget that year.
What’s also at play here is major backlash against the Obama administration’s expansion of Title IX protections in April 2014. 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.
In a press release issued last Wednesday, ACLU-NC flagged this element of potential harm caused by HB2, noting 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.”
This isn’t new news to the U.S. Right.
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. While the exact nature of the relationship is unclear, at least four of the qualifying schools cc’d the Alliance Defending Freedom (ADF) on their exemption request letters.
What’s playing out on the ground in places like North Carolina, Tennessee, South Dakota, Washington State, and in school boards across the country isn’t some sort of isolated, homegrown scheme, and it isn’t the result of trans and gender-nonconforming people seeking to harm or threaten women and girls. These anti-trans bills are part of a nationally-coordinated, proactive campaign that seeks to deploy dangerous transphobic myths and rhetoric in order to mobilize conservatives and preserve a gender essentialist status quo that ultimately harms us all.
To join in the chorus of social justice advocates speaking out against HB2, please consider signing this petition from our friends at ACLU Action, calling on Gov. McCrory to repeal the law.