Posts tagged with "Heritage Foundation"

LGBTQ illustration by Heather Skovlund for 360 Magazine

Ten Anti-LGBTQ Bills Sit on Governors’ Desks

Ten Anti-LGBTQ Bills Sit on Governors’ Desks, Poised to Undermine Rights Across the Country

As a fast and furious effort led by national groups aiming to stymie LGBTQ progress made on the national level and in many states continues to intensify, ten anti-LGBTQ bills currently sit on the desks of governors across the country waiting to be signed into law. These bills are only the latest examples of a concerted effort in state legislatures to undermine LGBTQ rights that has already resulted in the passage of several anti-LGBTQ pieces of legislation in recent months.

“State legislators across the country were elected to represent all of us, not just some of us and yet they continue to send hateful and discriminatory anti-LGBTQ bills to the desks of governors to sign into law, threatening the well-being, health, and fundamental rights of thousands of LGBTQ Americans in states from coast to coast,” said Human Rights Campaign President Alphonso David. “From anti-transgender sports bans to erasing LGBTQ people from school curriculum, these bills are driven by fear and would have a significant negative impact on the lives of so many LGBTQ people. The governors of these states are responsible for protecting their citizens, and they must refuse to sign these baseless and unconscionable cruel bills into law.  Otherwise, they should and will be held accountable for the consequences.”

These bills include blatant attacks on transgender youth, including prohibiting transgender kids from participating in school sports consistent with their gender identity, allow student organizations to discriminate against LGBTQ students under the guise of free speech, erase LGBTQ people from history books, and add substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.

Below is a roundup of the ten anti-LGBTQ bills currently sitting on the desks of governors:

  • ALABAMA
    • House Bill 391 – ANTI-TRANS SPORTS BILL
      • The Alabama Senate and House passed House Bill 391, an anti-transgender bill that would ban transgender youth from participating in school sports consistent with their gender identity. The bill now heads to Governor Kay Ivey’s desk for signature or veto.
  • ARIZONA
    • Senate Bill 1456 – SEX ED PARENTAL NOTIFICATION BILL
      • The Arizona State House passed Senate Bill 1456 – discriminatory legislation that affects not only sexual education material, but all learning materials in the classroom and makes it harder for LGBTQ kids to see themselves in school curriculum.
      • The bill, which would make Arizona’s sex education laws some of the strictest in the nation when it comes to teaching about LGBTQ issues, now heads to Governor Doug Ducey’s desk for consideration.
  • ARKANSAS
    • Senate Bill 389 – SEX ED PARENTAL NOTIFICATON BILL
      • The Arkansas Senate passed Senate Bill 389, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
      • In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence. This bill disproportionately disadvantages LGBTQ youth who may not have supportive families and put children at greater risk of health consequences.
  • KANSAS
    • Kansas Senate Bill 55 – ANTI-TRANS SPORTS BILL
      • The Kansas Senate passed Senate Bill 55, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
  • MONTANA
    • Senate Bill 280    – BIRTH CERTIFICATE BILL
      • The Montana Senate passed SB 280, a bill that adds substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.
    • Senate Bill 215 – RELIGIOUS REFUSAL BILL
      • The Montana House passed SB 215, an expansive religious refusal bill that could grant a license to discriminate against Montanans and visitors, including LGBTQ people, people of faith, and women, across a wide range of goods and services in the state.
  • NORTH DAKOTA
    • House Bill 1503 – ANTI-ALL COMERS BILL
      • Many public colleges and universities have long had “all-comers” policies that require student organizations receiving financial and other support from the institution not to discriminate against students based on race, sex, religion, sexual orientation or gender identity.
      • These policies allow all members of the student body to participate in student organizations and prevent such organizations from discriminating against students with state funding. The Supreme Court upheld these all-comers policies as constitutional in the Christian Legal Society v. Martinez decision in 2010.
      • North Dakota HB 1503, in part, undermines inclusive “all-comers” policies at North Dakota public colleges and universities, by allowing student organizations to discriminate against LGBTQ students under the guise of free speech.
    • House Bill 1298 – ANTI-TRANS SPORTS BILL
      • The North Dakota Senate passed House Bill 1298, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
  • TENNESSEE
    • Senate Bill 1229 – SEX ED PARENTAL NOTIFICATION
      • The Tennessee Senate passed Senate Bill 1229, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
      • In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence.
      • SB 389 also disproportionately disadvantages LGBTQ youth who may not have supportive families and puts children at greater risk of health consequences.
  • WEST VIRGINIA
    • House Bill 3293 – ANTI-TRANS SPORTS BILL
      • The West Virginia Senate passed House Bill 3293, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.

Wide range of businesses and advocacy groups oppose anti-trans legislation

  • More than 65 major U.S. corporations have stood up and spoken out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
  • The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

The NCAA opposes efforts to limit participation of transgender students

The NCAA Board of Governors released a public letter making clear that it “firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports.” Moreover, “When determining where championships are held, NCAA policy directs that only locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination should be selected.” This puts the 30 states with discriminatory anti-transgender legislation under consideration on notice that their actions will have repercussions for their states.

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — dangerous anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

  • For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

A new PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another more recent poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

  • The Idaho anti-transgender sports bill that passed was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
  • The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
  • During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

Transgender illustration by Rita Azar for 360 Magazine

Anti-Trans Bill Passages

First Anti-Trans Bill of 2021 Heads to Mississippi Governor’s Desk

Bill is the first specifically anti-transgender piece of legislation to pass a legislature this session, and the second anti-LGBTQ piece of legislation to do so

Mississippi passed SB 2536, an anti-transgender sports bill. This bill marks the first piece of specifically anti-transgender legislation this year to be sent to a governor’s desk and comes on the same day the first piece of anti-LGBTQ legislation, SB 124 — a broad sweeping religious refusal bill — passed the second chamber in South Dakota. The legislative fight to pass discriminatory anti-transgender legislation has been fast and furious, led by national groups aiming to stymie LGBTQ progress made on the national level and in many states. There are so far 131 anti-LGBTQ bills under consideration in state legislatures across the country. Of those, 71 directly target transgender people and about half of those would, like SB 2536, ban transgender girls and women from participating in sports consistent with their gender identity. Human Rights Campaign President Alphonso David issued the following statement in response to the passage of SB 2536 in Mississippi:

“As thousands die each day of COVID-19 and millions of Americans are out of work, some state legislatures have chosen to attack, demean and dehumanize their constituents rather than focus on delivering relief and assistance. These dangerous bills are designed to make the lives of transgender kids more difficult while they try to navigate their adolescence. Anti-transgender legislation being heard and voted on across the country are legislating against problems that simply do not exist – as even their proponents admit. This is just the latest iteration of their losing fight against equality and a shameful attempt to throw a wrench in the progress we’re making with a pro-equality President and Congress.

“Today, in sending SB 2536 to Governor Reeves, Mississippi became the first state to take the plunge by passing legislation specifically attacking transgender children. Mississippi is so determined to be on the wrong side of history that it is defying the evidence in favor of discrimination.  There is simply no justification for banning transgender girls and women from participating in athletics other than discrimination. Like all girls, transgender girls just want to play and be part of a team with their friends. History will not look kindly on this moment in Mississippi.”

These bills are not addressing any real problem, and they’re not being requested by constituents.  Rather, this effort is being driven by national far-right organizations attempting to score political points by sowing fear and hate. What they don’t understand is opposing equality is highly unpopular — even among Trump voters — and states that pass legislation that attacks our community will face severe economic, legal, and reputational harm. In many cases, these legislative pushes are being prioritized above COVID-19 response and relief. This push comes as equality measures gain not only popular support but legislative momentum on the federal level, with the Biden Administration championing equality in early Executive Actions and Congress considering the Equality Act within the first 100 days of the new Administration. 

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — hateful anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

  • For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

  • Idaho is the only state to have passed an anti-trans sports ban to date, and that law was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
  • The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
  • During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.

TOMORROW: HRC To Hold Emergency Press Conference To Discuss Passage Of First Anti-Transgender & Anti-LGBTQ Bills of 2021

Thursday, March 4th, the Human Rights Campaign will be hosting an emergency virtual press conference to discuss the passage of SB 2536, an anti-transgender sports ban bill in Mississippi, marking the first time in 2021 that a specifically anti-transgender bill will be sent to a governor’s desk, and SB 124, a religious refusal bill in South Dakota that marked the first anti-LGBTQ bill sent to a governor’s desk. Today’s press call will include reaction from Human Rights Campaign President Alphonso David, expert analysis from State Legislative Director and Senior Counsel, affected voices from the states and perspective from in-state advocates who will detail the bills and offer context for other anti-transgender bills making its way through state legislatures across the country.

PLEASE RSVP BY EMAILING WYATT.RONAN@HRC.ORG

WHAT:

Press call discussing the passage of SB 2536, the first anti-transgender bill of 2021

WHO:

Alphonso David, President, Human Rights Campaign

Cathryn Oakley, State Legislative Director & Senior Counsel, Human Rights Campaign

Janna Farley, ACLU of South Dakota

Jarvis Dorth, ACLU of Mississippi

Katy Binstead, parent of a transgender young person in Mississippi

WHERE:

Zoom Virtual Press Link here. (passcode: 880430) (Please RSVP to wyatt.ronan@hrc.org)

WHEN:

Thursday, March 4th, 2021 – 9:45 am ET

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

Legislative Update: Anti-LGBTQ Bills Moving In 6 States

HRC Tracking 147 Anti-LGBTQ Bills, 73 Explicitly Anti-Transgender Bills

The legislative fight to pass discriminatory anti-transgender legislation has been fast and furious, led by national groups aiming to stymie LGBTQ progress made on the national level and in many states. The Human Rights Campaign is currently tracking 147 anti-LGBTQ bills across the country, including 73 explicitly anti-transgender bills. Three of these bills have already been passed and could soon be signed into law, and more are coming. We are tracking 37 bills aimed at banning transgender kids from playing sports, 25 bills aimed at limiting medical care for transgender people, and 22 bills to allow discrimination under the guise of religious freedom.

In Mississippi and South Dakota, state legislators have already passed bills targeting LGBTQ people, sending three pieces of anti-LGBTQ legislation to the governor for signature or veto. Both states passed bills to ban transgender girls from playing sports. South Dakota legislators also passed a religious refusal bill granting a license to discriminate against LGBTQ people.

Yesterday, an anti-transgender sports bill in Arkansas, SB 354, was also considered by a Senate committee and recommended for passage. Today, three more anti-LGBTQ bills will be heard in committees in state legislatures across the country.

Arkansas’ HB 1570, an anti-transgender medical bill, is expected to have a hearing in House Public Health, Welfare and Labor Committee.

New Hampshire’s HB 198, an anti-transgender sports bill, will be heard in the House Education Committee.

Tennessee’s HB 1233 is scheduled for a hearing in the K-12 Subcommittee. It is known locally as the “student bathroom bill 2.0” because it would deny transgender Tennesseans access to the bathrooms and locker rooms consistent with their gender identity.

Tomorrow, seven anti-equality bills will be heard, five of which explicitly target the transgender community.

Alabama’s HB 1/SB 10, which would make it a felony to provide gender-affirming care to transgender kids, will be heard in the state’s House Health Committee.

In Arkansas, a hearing is expected in the Senate Judiciary Committee on Wednesday for the anti-transgender sports bill SB 450.

In Missouri, a hearing is expected on HB 33, which would ban gender affirming care for transgender kids.

In Montana, a hearing is expected at 3 PM MST on SB 99, which would require school districts to obtain written consent from a parent in order to teach their child sex ed and ban organizations like Planned Parenthood from offering any instructional materials.

In New Hampshire, HB 440 would allow discrimination against LGBTQ people under the guise of religious liberty. A hearing is scheduled for 9 AM on Wednesday in the House Judiciary Committee’s executive session.

In Tennessee, two more anti-LGBTQ bills are slated for hearings on Wednesday. HB 578 is an anti-transgender healthcare bill, and SB 1224 is an anti-transgender bathroom bill.