Posts tagged with "reputational harm"

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.

church illustration by 360 Magazine

Montana’s Religious Refusal Bill

Montana House Sends Religious Refusal Bill To Governor Gianforte’s Desk

RFRA bill similar to controversial Indiana law signed by then Gov. Mike Pence

Today, the Montana House passed passed anti-LGBTQ Senate Bill 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. The bill now heads to Governor Greg Gianforte for signature or veto. In 2015, then-Governor of Indiana Mike Pence signed a similar piece of legislation into law that encouraged widespread discrimination from medical providers, businesses, government officials and taxpayer-funded entities. Mississippi also passed a RFRA in 2016. In the wake of Indiana, Arizona Governor Jan Brewer vetoed a RFRA bill at the urging of Senators John McCain, Jeff Flake, and Mitt Romney, saying that it would have “unintended consequences” and divide the state. The Arizona bill faced serious business opposition, including Apple, AT&T, Delta Airlines, Major League Baseball, and the Super Bowl House Committee.

As reported by The 19ththis is among 36 anti-LGBTQ “religious freedom” measures coursing through state legislatures as part of a national flood of anti-LGBTQ legislation and an effort by national, far-right extremist groups to sow fear and division for political gain. This represents the fourth anti-LGBTQ bill sent to a governor’s desk this session, and just the second RFRA bill. Human Rights Campaign President Alphonso David issued the following statement in reaction to today’s House vote:

Governor Gianforte was elected in part on the promise of bringing new businesses and industries to Montana. He should seriously consider vetoing this legislation, which would not just discriminate against LGBTQ people, but threaten to ward off the very businesses he is hoping to attract. In 2015, then-Indiana Governor Mike Pence saw a steep decline in revenue and loss of business that hurt Indiana. Montana could resign themselves to the same fate if this bill becomes law. The people of Montana believe in religious liberty and LGBTQ equality — those two values are not mutually exclusive. Rejecting this legislation is crucial for the equality of all and for the future of the state. In trying economic times and in the midst of a global pandemic, discrimination should not be on the agenda.

Indiana passed a similar bill which cost them $60m in lost revenue

  • The backlash from the business community and voters was swift, and Pence soon became a national disgrace. Pence’s discriminatory bill had enormous consequences for Indiana’s economy and reputation. Indianapolis’s non-profit tourism agency estimated that in their city alone, Pence’s anti-LGBTQ bill cost up to 12 conventions and $60 million in lost revenue
  • The State of Indiana had to spend $365k of taxpayer money on a PR firm to help dampen the backlash and attempt to restore the reputation of Indiana
  • A reported by the Associated Press detailed that “12 out-of-state groups were surveyed and all said that the state’s controversial religious objections law played a role in their decision to hold their events elsewhere.”

Voters strongly disapproved of Indiana’s religious refusal law and punished Pence for signing it

  • And polling conducted by HRC after the 2015 fight found that 75 percent of Hoosiers said the law was bad for the state’s economy, and 70 percent of those surveyed said they opposed it.
  • Following the embarrassing fallout, his approval ratings tanked with voters and Pence decided not to run for re-election. Yet, his appalling record on LGBTQ equality won him a place on the ticket with Trump as his running mate. Now, Pence has been working behind the scenes at the White House to push his own disgraced values onto the national stage.
  • A poll conducted by the Indianapolis tourism department showed that the city was still facing the lingering repercussions of the reputational harm it incurred as a result of the legislation a year later

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.

Basketball illustration by Mina Tocalini for use by 360 Magazine

North Carolina Introduces Anti-Trans Sports Ban

On Fifth Anniversary of HB 2 ‘Bathroom Bill’ Passage, North Carolina Introduces Anti-Trans Sports Ban.

North Carolina puts forward another anti-transgender bill, again invoking the rhetoric of protecting women and girls from transgender people.

Late Monday, the North Carolina House introduced House Bill 358, an anti-transgender bill that would ban transgender girls and women from participating in sports (including college sports) consistent with their gender identity. The timing of this bill introduction could not have been more ironic, as it came on the eve of the fifth anniversary of Governor Pat McCrory signing the now-notorious House Bill 2, which mandated discrimination against transgender people in bathrooms.

Like HB2, the “Save Women’s Sports” bills rely on false narratives based in fear, rather than facts or science. Like HB2, these sports bans are fear mongering and an attempt to score political points by singling out already marginalized people for additional discrimination.

“In a moment of sad irony, North Carolina legislators have shown they clearly did not learn their lesson from the HB 2 ‘Bathroom Bill’ fight that threatened the state to the tune of billions in revenue, taxpayer-funded litigation, and a tarnished reputation–in addition to the personal reputational harm Gov. Pat McCrory suffered that cost him his job,” said Human Rights Campaign State Legislative Director and Senior Counsel Kate Oakley. “By introducing an anti-transgender sports ban bill, they are playing with fire once again, and engaging in a fight that is doomed to the same fate. This legislation is simply the latest iteration in a failed series of attempts to thwart equality for LGBTQ people. Two conservative governors have either threatened to veto or vetoed anti-transgender sports ban legislation out of the same fears that were realized in North Carolina five years ago. Let North Carolina’s ‘bathroom bill’ fight be a lesson to all states and governors considering anti-transgender legislation this session. North Carolina does not want to go down this road again.”

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 – quite like the bathroom bill push in 2016. There are 174 anti-LGBTQ bills under consideration in state legislatures across the country so far this year. Of those, 95 directly target transgender people and about half of those would, like HB 358, ban transgender girls from participating in sports consistent with their gender identity. As was the case in the HB 2 fight, legislators across the country invoke hypothetical scenarios of harm but have failed to provide actual examples of issues in their states to attempt to justify these attacks, laying bare the reality that these are attacks on transgender youth that are fueled by discrimination and not supported by fact.  Collegiate and professional sports organizations have had trans-inclusive policies for years without incident, and there is no reason North Carolina or any other state needs a ban on transgender participation in sports.

Wide range of business and advocacy groups, athletes oppose anti-trans legislation

  • Earlier this month, more than 55 major U.S. corporations stood up and spoke out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell joined companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
  • Nearly 550 college athletes have stood up to anti-transgender legislation by demanding the NCAA pull championships from states with anti-trans sports legislation
  • The nation’s leading child health and welfare groups-representing more than 7 million youth-serving professionals and more than 1,000 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.

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 economy and reputation of North Carolina suffered very real harm caused by HB2. Here’s just a snapshot of the overwhelming outcry at the time of the bill’s passage:

  • Over 200 major business leaders, from Apple to Zola, signed an open letter to NC Gov. Pat McCrory opposing HB2, because discrimination is bad for business. The letter was first announced on March 29, 2016, when it was hand-delivered to Pat McCrory by HRC President Chad Griffin, Equality NC Executive Director Chris Sgro and transgender advocate Candis Cox.
  • On April 5, 2016, PayPal CEO Dan Schulman announced that the company will seek an alternative location for its new “global operations center.” PayPal’s investment was expected to bring 400 skilled jobs to North Carolina, with an annual payroll impact of more than $20 million. In its statement, Schulman said, “The new law perpetuates discrimination and it violates the values and principles that are at the core of PayPal’s mission and culture.”
  • On April 8, 2016 Bruce Springsteen cancelled his concert in North Carolina over HB2, saying, “Some things are more important than a rock show and this fight against prejudice and bigotry-which is happening as I write-is one of them. It is the strongest means I have for raising my voice in opposition to those who continue to push us backwards instead of forwards.”
  • On May 4, 2016, the U.S. Department of Justice determined North Carolina’s discriminatory HB 2 violates federal civil rights law, including Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972. At a press conference on May 9, Attorney General Loretta Lynch spoke directly to the transgender community, saying “We see you. We stand with you, and we will do everything we can to protect you going forward.”
  • On July 21, 2016, the NBA decided to stand up to North Carolina lawmakers who refused to repeal HB2 by pulling its 2017 All-Star Game from Charlotte, NC. Despite the NBA’s repeated warnings that it would have to consider moving the high-profile game out of the state if the anti-LGBTQ law was not repealed, the state’s General Assembly shamefully adjourned after 100 days of inaction.
  • In North Carolina, basketball is king-but that didn’t stop the NCAA from standing up for their LGBTQ players, employees and fans by vowing to move tournament events from the state because of HB2. The NCAA announced that they would move all 2016-2017 championship games out of the state on September 12, 2016.
  • On Election Day, NC Governor Pat McCrory, who signed HB2 into law, was defeated at the ballot box — the only incumbent governor from either party to lose on Election Day. Polling by Greenberg Quinlan Rosner Research showed that HB2 was the most cited issue leading to McCrory’s defeat in those who voted against McCrory.
  • In February, the North Carolina Sports Association sent a letter to lawmakers warning of a loss of NCAA championship games through 2022 if HB2 is not immediately repealed. In the letter, the sports association warned that the NCAA decision could cost the state at least another half a billion dollars in economic activity when other sports organizations follow the NCAA’s lead in moving events out of the state. In November 2016, Forbes estimated that the state had already lost hundreds of millions of dollars due to HB2.
  • In March, the Greensboro Coliseum Complex revealed it had lost $23.5 million in revenue from various championships and conventions because of HB2.

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.