Uganda’s Anti-Homosexuality Bill Sentences People to Death for Being Gay

Source Yahoo Images

 Uganda has a controversial history regarding its stance on homosexuality. In 2014, the country passed the Anti-Homosexuality Act, which imposed harsh penalties on individuals engaging in same-sex activity, including life imprisonment for “aggravated homosexuality.” The law also criminalized the promotion of homosexuality and made it a crime to not report homosexual activity to authorities. Recently, policymakers in Uganda have proposed new legislation that would prohibit even identifying as LGBTQ. Parliament passed the new bill in order to crack down on homosexual activities. Gay people living in Uganda face life in prison and even the death penalty. The proposed bill has been widely criticized by human rights organizations, including Amnesty International and Human Rights Watch, as well as many countries around the world. The international community has called on Uganda to respect the human rights of LGBTQ individuals and to repeal the proposed legislation.

Source Yahoo Images

Criminalization of Homosexuality 

Violations include “aggravated” homosexuality which involves gay sex with people under 18 years old or when a person is HIV positive, according to the law. The penalties are significantly steep resulting in death penalty. Failure to report homosexuality is a crime. As well as making merely identifying as gay illegal for the first time, friends, family and members of the community would have a duty to report individuals in same-sex relationships to the authorities. It bans media from publishing queer advocacy or promoting homosexuality. People found guilty of “grooming” children for purposes of engaging them in homosexual activities face life in prison. This can include discussing sexuality in classrooms or teaching about same sex relations in sexual education courses.  

Impact on Society 

The deeply regressive bill endangers gay people who live in Uganda and will have negative repercussions in society. The UN’s High Commissioner for Human Rights urged Ugandan President Yoweri Museveni not to sign the bill calling the Anti Homosexuality Bill 2023 “draconian”. The passing of this extremely discriminatory policy will result in families betraying their own, friends turning in friends, and communities turning their back on the LGBTQ. There will be severe psychological and mental effects for queer people in Uganda. They are condemned for simply existing. Legislation like this will only grow the anti-gay sentiment in Uganda making it much more difficult for change. The anti-gay bill will damage Uganda’s international reputation, leading to criticism from the international community and the potential for economic sanctions and aid cuts. The bill has been condemned by many western countries and organizations, including the United States and the United Nations. Overall, the anti-gay bill has had a devastating impact on Uganda’s LGBTQ community, civil society, and international reputation, and has further entrenched discrimination and violence against marginalized groups in the country.

Source Yahoo Images

What Can We Do

There are several strategies that can be employed to prevent anti-gay attitudes and actions in Uganda. To start, we must continue to support and organize with LGBTQ organizations in Uganda as well as globally. Education and awareness is key. Activists and advocacy groups can target awareness campaigns in schools, universities, and community centers. However, this is not possible without our continues support. NGOs to look into are Sexual Minorities Uganda (SMUG), the United Nations, and Human Rights Watch. The international community can exert pressure on the Ugandan government to promote LGBTQ+ rights and to repeal discriminatory laws. This can include diplomatic pressure, economic sanctions, and other measures. They can also foster support networks and safe spaces for LGBTQ+ individuals to provide them with a sense of community as well as a means of protection against discrimination and violence. 

Attack on Gender-Affirming Healthcare in Texas

After decades of systemic and societal discrimination, an array of hope burst through the clouds of despair for transgender individuals. Recently, greater acceptance of transgender individuals in modern culture has opened doors to accessible and evidence-based transgender healthcare. Budding healthcare infrastructure has helped transgender individuals transition and care for their changing bodies providing relief for the marginalized community. Healthcare professionals and teams of scientists worked for decades through societal judgement and the subsequent roadblocks to ensure that the transgender community had an improved chance at a healthy life as non-transgender individuals. However, increasing vitriol exacerbated by politicians has tightened restrictions for gender affirming healthcare across the United States. 

Cube beads spelling the word “transgender”; Source: Unsplash

Introduction

In February 2022, Texas Governor Greg Abbott and Attorney General Ken Paxton released a directive stating that gender transition therapies including hormone therapies, puberty blockers, or surgery given to minors can be investigated as child abuse and given criminal penalties. Officials, teachers, parents, nurses, and anyone involved in direct contact with children were required to report suspicions of such therapies, framing the act more as concern for children’s safety and innocence. Anyone found supporting or prescribing such treatment, including parents or healthcare providers, would be subject to child abuse investigations by the Texas Department of Family and Protective Services. The agency was instructed to prioritize cases in which parents who provide their transgender children with gender-affirming care above all other child abuse cases. Strangely, the caseworkers were told to investigate regardless of whether the standard of sufficient evidence was met and to not record their investigation in writing. 

Days after the directive was announced, the Texas Department of Protective and Family Services launched an investigation into a federal employee, a mother of a transgender daughter, after she inquired when the directive would be made effective. A federal judge blocked the investigation only 2 days later. In the immediate weeks following the directive‘s release, at least nine families were already facing child abuse investigations for supporting their transgender children in obtaining gender-affirming care. This past spring, the clouds in an otherwise tranquil sky began to blot out blossoming hope as intimidated healthcare providers canceled hormone prescriptions and the few existing transgender youth treatment facilities closed. Families clamored to find alternative sources of hormones and puberty blockers for their children. Some became afraid to claim the transgender label, many moved out of the state, and hundreds more were at home, fighting for their right to exist as their gender identity and as themselves.  

Image of protest with posters listing "Transgender Healthcare"
Image of protest with posters listing “Transgender Healthcare”

Medical Evidence 

In a statement to the Texas Tribune, U.S. Surgeon General stated that this directive interferes with the physician-patient relationship which has no place for religion, beliefs, or politics. Abbott’s directive and Paxton’s following opinion sparked intense backlash from the medical community for blatantly ignoring decades worth of research supporting early transitional care.  

When children first learn that they are transgender, they face a physical and mental health disorder known as gender dysphoria. Gender dysphoria is a condition where individuals experience severe dissonance between the gender they identify as and the physical manifestations of their biological gender. Depression, anxiety, and suicidal thoughts often follow this sense of “not self” that plagues many adolescents as they begin to come out to the world with their new name and pronouns. To significantly improve the outcomes of transgender individuals, all major medical organizations including the American Academy of Pediatrics, American College of Physicians, and American Psychiatric Association support gender transition as an effective therapy. Transitioning includes gender-affirming hormonal therapy and puberty blockers. Hormonal therapy begins and allows for a smoother transition into the opposite gender while puberty blockers suppress the body’s natural maturation process to increase the amount of time children and their bodies have to transition into a new gender. In the meantime, individuals receive mental health support and preparation for a successful transition and in unfortunate cases, wait for legislation to increase access to gender affirming treatments.  

Overhead view of medications and hormone therapy. Source: Unsplash

The most prevalent medical reason for opposing gender transition is the possibility that a transgender individual will have regrets, because what is done cannot be undone easily. Although it is a valid concern, puberty blockers exist for children and individuals who are uncertain about their gender, because they provide ample time for the individual to choose not to change genders, if that is later realized. In addition, regrets are “extremely rare” and can be attributed to adverse social climates more than personal attitude. Proper mental health support and preparation are also important for a successful gender transition to recognize behavioral changes and tackle the paradoxical shared sentiment that transgender people are no longer welcome in conservative society.  

Alabama and Florida Response

Governor Abbott’s attempt to restore conservative values in Texas is not a new phenomenon. Texas has seen several bills criminalizing medical care for transgender children which is reflective of a broader trend across the United States. In the past year alone, 21 states drafted bills to deny transgender medical care. Arkansas passed a bill making it illegal to prescribe puberty blockers and for insurance companies to cover transgender care. Other conservative states, such as Alabama, have taken Abbott’s directive as a green light and are preparing legislation to discourage transgender healthcare and marginalize the LGBTQ+ within their borders. Taking a slightly different approach, Governor DeSantis of Florida introduced what is commonly referred to as the “Don’t Say Gay” Bill (House Bill 1557). Also known as the Florida Parental Rights in Education Act, the bill was signed into law and passed by the Florida Senate in March 2022. This bill would effectively prevent gender identity and sexual orientation education in classroom discussion in Florida. Experts worry that the vague descriptions in the law indicate that it be used it to suppress all actions that remotely fall under the literal definition of sex and gender, leading to a dangerous slippery slope that may open a dark path of minority discrimination. 

Black and white image of a protest with the phrase "No Body Is Illegal" centered.
Black and white image of a protest with the phrase “No Body Is Illegal” centered.

On April 8th 2022, Alabama Governor Kay Ivey signed into law two bills preventing medical professionals from providing gender-affirming care and forcing individuals to use the restroom of their biological gender. In an unprecedented move, the Vulnerable Child Compassion and Protection Act makes arranging gender-affirming treatment including puberty blockers, cross-sex hormones, and surgery for children under 19 a felony with a possible sentence of up to 10 years in prison if convicted. The second bill is culturally similar to Florida’s “Don’t Say Gay” Bill. This bill prohibits teaching or using words related to “sex” and “gender.” 

Current Status

A lawsuit filed by families of transgender children weeks after Abbot’s directive was announced resulted in an injunction from federal courts. Abbott vs Doe reached the Supreme Court in May 2022 during which the court ruled that Abbott had no authority to control child welfare officers and direct them to investigate providing transgender healthcare. The country released a sigh of relief, but the fight is not over. Stopping Abbot’s directive seems more akin to a pause on the right’s crusade against the transgender community than a stop.

Recent reports from The Washington Post also suggest that Attorney General Paxton attempted to collect gender marker changes and other transgender identifying information on driver’s licenses from the Texas Department of Public Safety in early 2022. Human Rights Campaign reports that Paxton’s office requested the names and license plates of these individuals later in the inquiry, as well. This news comes as a new shackle for transgender Texans. Some have changed back their gender identity on their licenses to the way it was prior. If not, police or other government officials would know of their transgender identity with the search of their name during traffic stops or unrelated incidents which could lead to dangerous discrimination.  

To support the fight for transgender safety in Texas, support politicians and lawmakers who oppose legislation limiting transgender healthcare. Advocate for the reopening of the University of Texas’s youth transgender clinic, the only one of its kind in the southwestern United States, that closed last November. People in Texas and across borders can also donate Lambda Legal and the American Civil Liberties Union (ACLU) which are organizations working to keep the injunction in place on Governor Abbott’s directive after AG Paxton filed an appeal against the federal court decision. They, in conjunction with the Transgender Education Network of Texas and Equality Texas have also assembled the LGBTQIA+ Student Rights Toolkit which is a set of explanations and guidelines to understand Texas’s current plight as well as additional resources such as TX Trans Kids.  

Yeshiva University vs. Pride Alliance Group

 

Yeshiva University Wilf Campus
Yeshiva University’s Wilf Campus (source: yahoo images)

On Friday, September 16th, 2022, in response to a court’s ruling that the university cannot block the formation of a LGBTQIA+ group, New York’s Yeshiva University decided to temporarily suspend all undergraduate student activities and clubs. Yeshiva claims that permitting the formation of a LGBTQ+ student organization would be “inconsistent with the school’s Torah values and the religious environment it seeks to maintain.”

How It Started

Pride Parade NYC 2011
2011 Pride Parade in NYC (source: yahoo images)

The LGBTQ+ group in question is Yeshiva’s Pride Alliance, which was unofficially created in 2018. They were unofficial in the sense that their support was low and their group size was small— as all student groups are in the beginning. The student group describes itself as a supportive space for all students, regardless of sexual orientation and gender, with the goal of allowing all members to feel secure, respected, and represented at Yeshiva.

It is understandable that one of the group’s goals was representation. In the modern day, it is extremely unlikely to find any major university without an instituted pride alliance group. Therefore, Yeshiva’s Pride Alliance group wanting that same, basic characteristic—of representation—should not come as a surprise. 

However, when they  approached the university last year to ask if they could get officially recognized as a student group, they were instantly denied. In response, however, they remained determined, and proceeded to sue the school for discrimination on the basis of sexual orientation.

The Legal Claims

NYC CIty Court
New York City Court  (source: yahoo images)

The Pride Alliance group sued Yeshiva for breaking the New York City Human Rights Law, a law code prohibiting discrimination on a basis of gender, race, sexual orientation, and other classifications.

In response to the lawsuit, Yeshiva University, which identifies itself as an Orthodox Jewish university, claimed that they could not recognize the group because it “conflicted with the school’s interpretation of the Torah.” 

The lawsuit first went to a court in New York, where it was concluded that the university must officially recognize the group. The court argued that Yeshiva was not a religious institution (which would thereby make it immune to New York City’s Human Rights Law), but an educational institution. 

Yeshiva disagreed and appealed to the Supreme Court. At first, the Supreme Court told Yeshiva to ignore the prior ruling, and that the Justices will be the ones to declare what rights LGBTQ+ groups have in universities. 

However, that standing changed rather quickly. Just earlier this week, by a 5-4 vote, the Supreme Court told Yeshiva that they should follow the prior court’s ruling because they have not exhausted all their options before appealing to the Supreme Court. In other words, the Supreme Court voted to send Yeshiva’s appeal back to local courts; they did not rule that Yeshiva acted unconstitutionally. 

Yeshiva’s Next Step

Empty Campus
An empty campus (source: yahoo images)

After Yeshiva was notified that they should follow the prior ruling (meaning that they must officially recognize an LGBTQ+ student group), they concluded that their only option was to shut down all undergraduate activities and clubs. 

Enforcing such drastic measures upon the entire undergraduate population, as one might assume, was an unprecedented move on Yeshiva’s end. Many might infer that this action could have been done in an attempt to mask discrimination. Is it truly discriminatory to not recognize a pride alliance group when also not recognizing any other groups at all? Most would say it is not. That, from what we can assume, is what Yeshiva wants until the legal proceedings sort out: put forth a blanket disapproval of all student groups so they cannot be faulted for targeting an LGBTQ+ one.

Yeshiva’s measures have caused many to view the university as homophobic; however, the president of the university, Rabbi Ari Berman, was quick to demobilize those allegations, stating that “[Yeshiva University’s] commitment and love for our LGBTQ students are unshakeable.”

However unshakable Yeshiva’s love for LGBTQ+ students might be, we have yet to see. We must not overlook what we have seen—it merely took a pride alliance group to ask for recognition to rid the entire university of all its undergraduate activities and clubs.

What’s to Come

supreme court
The Supreme Court of the United States of America (source: yahoo images)

As Yeshiva returns back to local courts we are unsure of what will happen in the future—except that it will not be filled with any undergraduate activities. If Yeshiva’s appeal succeeds and the city’s ruling is overturned, then the LGBTQ+ group will not be able to get recognized by the school. If the ruling does not get overturned, Yeshiva could appeal their way back up to the Supreme Court.

However, even if this were to happen, precedence seems to be against the LGBTQ+ group. In prior cases, the Supreme Court has sided consistently with religious universities when discussing issues of religious freedoms (i.e. what a religious university can and cannot do). 

Moreover, one of the dissenting members of the initial Supreme Court vote, Samuel Alito, stated, “[Does the First Amendment] permit a State to force a Jewish school to instruct its students in accordance with an interpretation of Torah that the school, after careful study, has concluded is incorrect? The answer to that question is surely ‘no.’” 

In other words, Justice Alito is stating that in his opinion, states should not have the authority to tell religious schools what to do if it does not align with their religious understandings.

With all of this in mind, one could reasonably come to the conclusion that the future of Yeshiva University’s Pride Alliance group is dependent on whether or not the initial city court was correct in deeming Yeshiva a state institution and not a religious one. 

If the city court was incorrect, Yeshiva could inherit the authority to deny recognition to a group seeking representation—even though, allegedly, their commitment and support for LGBTQ+ persons is “unshakable.”  If the city court was correct, representation and recognition of those underrepresented shall prevail. 

LGBTQ+ Rights

pride flags
Pride flags (source: yahoo images)

The events that unfolded between Yeshiva and its pride alliance group returned a variety of different topics to the forefront of the media. One of which, in particular, is the topic of LGBTQ+ persons and the rights they have. 

Discrimination against LGBTQ+ persons has been an ongoing issue for hundreds of years. For years, The United Nations has repeatedly stated that “discrimination against LGBTI  people undermines the human rights principles outlined in the Universal Declaration of Human Rights. Yet discrimination and violence against people in the LGBTI community are all too common. Homophobic, biphobic and transphobic attitudes remain deeply embedded in many cultures around the world.”

The Universal Declaration of Human Rights was published in 1948. 74 years ago. Not only does discrimination still exist, but same-sex marriage, in 2022, is only legal in 24 countries. 

With Yeshiva University’s recent decision, we are seeing the global issue of same-sex marriage and LGBTQ+ rights back in mainstream media. Equality and respect for all people should be the standard that we live by. 

Despite all that has occurred, Yeshiva could bring forth new lessons for us all. Maybe, (or perhaps hopefully), one of those lessons could be that we, as a society, should strive to make discrimination of all people a thing of the past—make it history, so we can learn from it. 

LGBTQ+ Rights in Brazil

Back of person in white shirt and hat holding rainbow pride flag in the air alongside a colorful designed scarf.
Figure 1: Source: Yahoo Images, Ye Aung Thu; Pride flag held aloft. Back of person in white shirt and hat holding rainbow pride flag in the air alongside a colorful designed scarf.

You look around at the passing people, from old women and working mothers to teachers and police, any of them could want you dead. This is the unfortunate reality facing many LGBTQ+ people in Brazil, the world’s most dangerous country for trans and Queer people. With a stark rise in conservatism driving discriminatory legislation and a president that has publicly vilified “gender ideology” and Queer persons, the rights of LGBTQ+ people are threatened by institutions and public support of hateful rhetoric and discriminatory laws. 

The political climate fostering LGBTQ+ hate

The current president of Brazil is Jair Bolsonaro, who began his term on January 1, 2019. Bolsonaro is seen as a polarizing figure both within Brazil and by the international community for his disparaging comments against women, people of color, and LGBTQ+ individuals. A far-right figure, Bolsonaro claimed in a 2011 interview with Play Boy that he would rather have a dead son than a gay one. 

Figure 2: Source: Yahoo Images; An image of President Jair Bolsonaro. Shoulder to head image of a white male wearing a black suit looking towards the top right corner.

After the election of Jair Bolsonaro, Brazil’s second openly gay congress member Jean Wyllys left their position and fled the country due to the increased level of violence against LGBTQ+ people and the number of death threats received. “It was not Bolsonaro’s election itself. It was the level of violence that has increased since he was elected,” Wyllys told local newspapers. Bolsonaro has been clear about how his convictions motivate his discriminatory rhetoric that disparages LGBTQ+ people, and his election and widespread public support have also translated to widespread violence. 

Bolsonaro represents a rise in conservatism further supported by a significant growth in Evangelism in Brazil over the last decade. Despite being the world’s largest Catholic country, Evangelical churches have been increasing, and now approximately one-third of Brazil’s population is EvangelicalJohn Otis, a reporter for the National Public Radio, found that “Evangelicals now make up 31% of Brazil’s population, according to the Datafolha polling firm. They’re still outnumbered by Catholics, who make up 51%. But evangelicals are growing at a much faster clip. They’re also more politically active than Catholics.” 

Evangelism is an umbrella term for Protestant denominations that emphasize the Bible as the ultimate source of morality and history and a desire to evangelize, or spread their faith. Evangelicals tend to be more conservative and opposed to more progressive values. The concern between the rise in evangelism and subsequent conservatism in Brazil is that these joint forces signal an erosion of secularism and democracy in Brazil.  

On his inauguration day, Bolsonaro said, “We will unite people, value the family, respect religions and our Judeo-Christian tradition, combat gender ideology and rescue our values.” On December 1, 2021, the Brazilian senate approved the appointment of Evangelical lawyer and pastor André Mendonça to a position on the Supreme Court. This is a signal of the key role evangelists play in the political climate of Brazil today with positions on the highest court in the nation and executive office. 

LGBTQ+ experiences 

Foremost, sexuality and gender identities are a focus of discriminatory laws and practices in a lot of states, but trans and Queer people are also the victims of torture, violence, and death.

The highest rates of transpeople and gender non-conforming people killed are concentrated in Central and South America. Most prominently, Brazil has the largest number of trans and Queer people killed in the world, and in 2021, Brazil maintained this position for the 13th consecutive year. 

The violence and deaths of LGBTQ+ individuals are in direct contradiction with the right to life and safety guaranteed to all people. Additionally, LGBTQ+ people face more barriers to healthcare access, and discrimination is conflated by additional minority identities such as being a person of color. Trans persons are particularly vulnerable to exposure to violence due to name and sex details in official documents. 

As a result of the violence, LGBTQ+ people have been responding by taking defense and martial arts classes. In large cities such as Sao Paulo, Porto Alegre, and Rio, defense courses are being offered to Queer people who increasingly doubt Brazil’s institutions will protect them. Carlos Renan dos Santos Evaldt, a banker and president of a gay sports club in Porto Alegre, was spurred to offer jujitsu classes not just to ensure personal safety, but “rights achieved through hard work and at the cost of many lives and years.”

Figure 3: Source: Yahoo Images; An image of people learning jujitsu. A group of four or five white men sitting on a blue mat being instructed by a black man in jujitsu.

Since 2014, there has been a growing passage of legislation, approximately 200 bills, at all levels targeting “indoctrination” and “gender ideology.” Bolsonaro’s Minister of Women, Family, and Human Rights, Damares Alves, an evangelical pastor said on her first day, “Girls will be princesses, and boys will be princes. There will be no more ideological indoctrination of children and teenagers in Brazil.” 

In 2011, the UN Human Rights Council passed a resolution affirming LGBTQ+ rights as human rights due to the discrimination and violence levied against this minority community. Alves’ promotion of anti-LGBTQ+ speech disparages the identities of all people, and moreover, signals a failure from the ministry with an objective in human rights to combat rhetoric against Queer persons. Brazil is a current member of the Human Rights Council and therefore has an obligation to promote human rights for all. 

Brazil requires comprehensive sexuality education (CSE); however, attempts to reduce or eliminate teaching about gender and sexual orientation represent a threat to the right to education, information, and health. These bills represent a process of silencing rather than honoring the diversity of individuals. 

Successes in face of growing anti-LGBTQ+ sentiments 

While there is still a long way to go in addressing the human rights violations trans and Queer people face in Brazil, there have been successes in the face of growing hate and violence. As previously mentioned, trans people face additional threats due to names and assigned sex at birth listed on official documents. In 2018, Brazil’s Supreme Court ruled that the government could no longer require individuals seeking a name or gender identifier change on official documents to undergo medical procedures or judicial review. Previously, transgender people had to undergo mandatory psychiatric evaluations, medical transitions, or obtain a judicial order. This represents a major step to ensuring the safety and validating the identity of all people. This is a confirmation of the right of a person to self-determination and a denial of any government to decide for a person who they are. 

In June 2019, the Supreme Court furthered its protection of LGBTQ+ people by criminalizing homophobia and transphobia. Under the law, homophobia and transphobia would be treated the same way as racism. In May 2020, the Supreme Court struck down a federal ban on blood donations from men who had sexual relations with men. 

Also, in 2020, the Supreme Court struck down a number of bills that aimed to censor “gender ideology” and sexuality in CSE programs. These cases established that municipalities could not override national education plans, and in these specific cases, changes represented a violation of the right to equality and education. And in April 2022, the Supreme Court affirmed that the “Maria da Penha” law against domestic violence applied to transgender women.

Figure 4: Source: Yahoo Images, Ben Tavener; Gay Pride parade in Sao Paolo, Brazil. A street filled with people to the end, a giant rainbow flag marches at the front of the group held over the heads of numerous participants.

In spite of political attempts to limit or deny the rights of LGBTQ+ people, there are institutions that still protect these human rights. As of this October, Brazil will hold its presidential election between incumbent Jair Bolsonaro and former president Luiz Inacio Lula da Silva, who is leading in the polls. As Brazilians celebrated Pride month this year with the first in-person parade in two years they did so under the slogan “vote with pride, for policies that represent us.”

The Human Rights Campaign has partnered with Instituto de Políticas Públicas LGBT and Instituto Mais Diversidade in order to promote and develop more inclusive LGBTQ+ employment practices in Brazil and Argentina. By creating more accepting workplaces for Queer people, more inclusion can be fostered across all aspects of life in Brazil. 

To get involved, you can support the Human Rights Campaign by donating so these programs can continue to combat discrimination against LGBTQ+ people. Also, by creating dialogues in your own workplaces on LGBTQ+ inclusion, human rights in corporations will continue to be a standard of practice ensuring equality and equity on all levels, local to international. 

Bans on Youth Transgender Affirming Care

When it comes to children, parents almost always have full control over the healthcare received and how its administered. With the exception of some Jehovah’s Witness’s cases, abortion cases, and court-tied decisions, parent’s typically have the final say so when it comes to the healthcare treatment that a child may take on. While at times this level of parental jurisdiction can prove problematic, when there is a discrepancy between what a child wants and what the parents want, this jurisdiction in the case of those aiming to help their children receive gender-affirming care is becoming more difficult.

Older children smile and hug while wearing the Pride flag.
Children smile and hug while wearing the Pride flag. Source: Yahoo Images

Gender-Affirming Care & Gender Dsyphoria

According to the Trevor Project, more than half of trans and non-binary youth consider suicide annually. This striking statistic appears to be remedied by the the reception of gender-affirming care. Gender-affirming care is defined by the World Health Organization as care that “support[s] and affirm[s] an individual’s gender identity” when it conflicts with the gender identity assigned at birth. For those below the age of 18, this care rarely involves the use of surgery. Instead, puberty blockers, which delay the onset of puberty, and hormone therapy, which helps induce physical characteristics that align with their gender identity, are used to help minors work against gender dysphoria. Gender dysphoria is explained by the American Psychology Association to be “psychological distress” rooted in a discrepancy between gender assignment and gender identity. This condition is associated with high rates of mental health conditions and suicide. As such, the reception of gender-affirming care by children has the potential to address gender dysphoria and lead to better health outcomes for trans and non-binary children.

Preventing access to this life-saving care can have dangerous effects, but that’s exactly what proposed and brainstormed bills in several states have the potential to do. The rationale behind such bills varies with voices from Texas likening gender-affirming care to child abuse and with other states claiming that children aren’t ready to make such important decisions regarding their bodies. The interesting part in these bills is where the penalty falls. Both providers and parents are at the mercy of state employees and educators if they seek to either perform or connect the child with gender-affirming care. The irony is that in most cases, parents are needed to consent to medical care and that providers are encouraged to align with parental wishes. Parents have to consent to their children receiving vaccines. If a parent or guardian decides to go against the standards for recommended care, then the pediatrician must oblige. In the case of standards around gender-affirming care, the American Academy of Pediatrics and the American Association of Medical Colleges has made clear that there are criteria to determining whether a child should receive care and that gender-affirming care is the standard of care if these criteria are met.

White board with the words "Hello my pronouns are" followd by two open underlined areas with a slash where two pronouns can fit. The letters are in a variety of birght colors along a rainbow gradient.
Sign where people can fill in their pronouns. Source: Unsplash

Exploring a Right to Healthcare

In this sense, a denial of a child’s access to arguably life-saving and parentally sanctioned treatment goes against a right to health care. Alabama Rep. Neil Rafferty, the singular openly gay member of the Alabama Legislature, spoke to the matter before his state’s bill was ratified. “Y’all sit there and campaign on family being the foundation of our nation … but what this bill is doing is totally undermining that. It’s totally undermining family rights, health rights and access to health care.”

While healthcare as a right remains uncodified in the US, the United States has signed on to multiple international agreements, most recognizably the Universal Declaration for Human Rights, and is held to international suspicion and disfavor should it move towards legislation that hinders a human right and targets minorities. Whether this international judgement holds sway over the United States politically and legislatively is one thing, but for a country viewed to be a global hegemony, a stand against what can be perceived as a violation of fundamental human rights and protections for children is jarring.

Additionally, some bills, like Alabama’s, have enfolded restrictions and impositions on on trans children. For example, under an extension of the bill, students in Alabama must use the restrooms that align with the gender assigned at birth making education an uncomfortable environment for trans children.

Child with a shirt that says "Love who you are." The child has their hands on their hips akin to a superhero pose and has eye makeup on.
Child posing with a t-shirt and position expressing self-love. Source: Unsplash

As such, an attack on healthcare can operate as an entryway into further impositions on trans rights that have been long hard fought and won for years.

 

Though there’s no telling what the future holds for trans children, there are still ways to support them.

1. Donate to LGBTQ+ affirming spaces and support networks like The Trevor Project.

2. Write letters to your state representatives relaying your support of LGBTQ+ children and their ability to have access to quality, life-saving healthcare and urging their reconsideration of a politician’s support for legislation that may prevent said access.

3. Check in with people in your life who may be affected by such a decision.

 

Exploring “Don’t Say Gay” Bills

Pride Month will look different this year. Large corporations have begun their rainbow themed merchandise sales and included short LGBTQ+ focused ad campaigns, but the typical Twitter decries are in short supply.

Seven years have passed since the incredible expansion of human rights, specifically LGBTQ+ rights, within the United States with the Supreme Court ruling in Obergefell v. Hodges. This ruling secured the fundamental right to marry for same-sex couples through the Due Process and the Equal Protection clauses of the Fourteenth Amendment. This case brought in waves of support for the LGBTQ+ population and led to greater well-being and life satisfaction for members of the community.

A small crowd of people gather behind parade barriers. One person with a Pride themed bandana holds up the Pride flag.
People behind blocked off space holding up a Pride flag. Source: Yahoo Images

With the recent leaking of Justice Alito’s opinion on an overturning of Roe v. Wade, there is a panic that Obergefell v. Hodges and Lawrence v. Texas, which determined that criminal punishment for acts of sodomy was unconstitutional, are speculated to be under threat to be overturned. While only time will tell whether there is a reversal of these rulings, a more pressing threat to LGBTQ+ rights is spreading like wildfire.

Bill Content

The emergence of “Don’t Say Gay” bills across roughly a dozen states serves as the new hurdle in the endless marathon of a fight for LGBTQ+ rights. Originating in Florida where it was signed into place by Governor Ron DeSantis under the name of “Parental Rights in Education”, this bill stops discussion of gender and sexual orientation in classrooms ranging from kindergarten to the third grade and also penalizes discussion of sexual orientation and gender is not presented in an age-appropriate manner. Violation of the bill by educators or an educational institution is ultimately determined by the parents and is grounds for a lawsuit. Additionally, parental provisions included in bills similar to Florida’s  require parental notification about any health or support offered to their child, giving parents the right to deny services for their children.

Florida’s bill passage was only the beginning. More states like Alabama, Ohio, Louisiana, and more have made the move towards passing and signing similar bills. Politicians like DeSantis claim that bills like these support parents in determining how they introduce their children to the topics of sex and gender, and facilitate “education, not an indoctrination.” States like Alabama have gone even farther in their measures regarding LGBTQ+ youth, specifically trans youth, aiming to limit healthcare access for individuals seeking gender-affirming care. Much of the debate revolves around this kind of political justification of the bills and where America draws the line between LGBTQ+ discrimination and parental and state control of education.

The reality of the situation is one that educators and those from the LGTBQ+ community have elaborated upon time and again as sister bills have emerged from various states. Succinctly put by Arjee Restar, assistant professor of epidemiology at the University of Washington, to NPR, “The institutionalization of these bills is an overt form of structural transphobia and homophobia, and it goes against all public health evidence in creating a safe and supportive environment for transgender, nonbinary, queer, gay and lesbian youths and teachers to thrive.”

Florida Governor Ron DeSantis signs the "Don't Say Gay" bill. He is seated and surrounded by young children wearing uniforms as well as some adults who stand more in the back.
Florida Governor Ron DeSantis signs the “Don’t Say Gay” bill. Source: Yahoo Images

Potential Bill Effects

LGBTQ+ youths already face relentless stigma and hardship in the process of loving who they are and feeling comfortable sharing that. In fact, according to the Trevor Project, ‘the world’s largest suicide prevention and crisis intervention organization for LGBTQ (lesbian, gay, bisexual, transgender, queer, and questioning) young people’, estimates that roughly one LGBTQ+ youth attempts suicide every 45 seconds. Additionally, due to the intersectional nature of identity, LGBTQ+ POC youth are speculated to face even higher rates of suicide, mental health conditions, and more. When compounded by critical race theory legislation, these “Don’t Say Gay” bills could negatively effect LGBTQ+ people who face intersectional difficulties in existing.

The “Don’t Say Gay” bills have the potential to exacerbate societal stigma by formally institutionalizing trans- and homophobia by moving towards educational erasure of this population. They also create the potential for familial discourse that could jeopardize a child’s well-being. According to The Trevor Project, the parental provisions section of bills like Florida’s “appear to undermine LGBTQ support in schools and include vague parental notification requirements, which could effectively require teachers to ‘out’ LGBTQ students to their legal guardians without their consent, regardless of whether they are supportive.”

Furthering the concept of family and what role it has to play in youth education, educators bring to light that while gender and sexual orientation may not often be present in forthcoming ways, family certainly is. And with the ruling of Obergefell v. Hodges, more children come from LGBTQ+ families and may have more than one parent of the same gender. The question this situation produces is to what extent this bill really controls education and where do the boundaries lie in state-control over topics that are are fundamental to a child’s lived experience.

An LGBTQ+ family with a small baby walks through some area that is blurred. One person with long, dark hair carries the baby in a front baby carrier, while the other person has short hair and looks on at the other adult with a smile.
An LGBTQ+ family with a small baby. Source: Yahoo Images

What You

While the effects of these bills is yet to be determined, as of right now, lawsuits and court intervention appear to be the only routes to navigate through undoing this legislation. If you feel called to support the plight of the LGBTQ+ population, please consider the following:

1. Donate to LGBTQ+ affirming spaces and support networks like The Trevor Project.

2. Write letters to your state representatives relaying your support of LGBTQ+ visibility in the classroom and urging for either the prevention of a “Don’t Say Gay” bill or the reconsideration of a politician’s support for one.

3. Check in with people in your life who may be affected by such a decision.

The Realities of Being Homeless in America

An image portraying an encampment under a bridge
Source: Yahoo Images; People experiencing homelessness sleeping under a bridge

The homeless population in America tends to be neglected by the society they live in. They are among the most vulnerable, belonging to already marginalized communities that struggle to meet their day to day needs. As a result, the unhoused have little to no power or influence on social norms and affairs. As someone who has experienced homelessness both in India and in America, I have come to distinguish some of the common misconceptions society holds about the unhoused population. There are a lot of stereotypes and social stigma that surrounds the discussions around homelessness, which often blames the victims of systemic issues, instead of restructuring the conversation around how we as society can best help these marginalized groups realize their basic human rights to shelter. In order to do so, we must first understand what it really means to be homeless in America.

History of Homelessness in America

Homelessness is not an issue unique to the United States, as it can be found in countries all over the world. While homelessness in America can be found as early as the colonial times, modern homelessness rose as a response to the Great Depression, where people experienced high levels of unemployment and poverty. Especially interesting is the relationship between the growth of urban cities and the rise in homelessness. Coupled with low-wages and higher costs of living, people found it more expensive to find places to live in urban centers, such as New York and California. The aftermath of the Great Depression put a lot of people in desperate need of employment, and as the economy took to the service industry, more and more undereducated, impoverished people had no other choice but to turn to these low-income jobs. The country’s shift to a service economy meant that laborers were now being paid lower wages, leaving service industry employees unable to afford the rising costs of housing. Coupled with higher housing costs and lower wages, when people turned to social welfare programs, they found these programs to be lacking in funds as well.

Additionally, there was a campaign to “Deinstitutionalize” people held in mental asylums. While the campaign itself was well-intended, its applications were lacking in structure, and instead of providing patients with proper access to mental health resources, people with mental disabilities were released to fend for themselves. The neglect of these institutions led to the increasing numbers of mental health patients facing housing insecurity. To make matters worse, gentrification policies (made to bring in wealthy real-estate investors and high-income residents to underdeveloped parts of the city) led to the displacement of many low-income families, putting them out of their homes. These policies disproportionately  affect people of color, something that has forced many marginalized communities to fall prey to an endless cycle of poverty and degradation.

Unfortunately, one of the most concerning additions to the homeless population is the disproportionate number of youths that identify as being part of the LGBTQ+ community. According to a recent study conducted by Chapin Hall at the University of Chicago, LGBTQ+ youth had a 120% higher risk of experiencing homelessness. These members who already belong to an ostracized community can become more vulnerable to harassment, violence and hate crimes.

Additionally, unable to find jobs after returning home from military service, many veterans end up homeless with nowhere else to go. Although places do exist to support veterans who experience homelessness, many are either unaware of the resources at hand, or too ashamed to use these resources. As a result of the social stigma surrounding the topic, people experiencing homelessness often become withdrawn from society.

Society’s Attitudes Toward the Homeless

A bench that has armrests in-between to prevent laying down
Source: Yahoo Images; An example of hostile architecture that prevents the unhoused from sleeping on benches

Homelessness is received with wildly different attitudes among different cultures. America is a very diverse country, with people that share hundreds of different cultures and traditions, and these cultural attitudes can carry over in the way they respond to contemporary social issues. Different cultures share a varying definition of what a “home” means, and even more distinctions in their approach toward people experiencing homelessness. What the dominant White culture might consider to be a home, (an individual unit of space for nuclear families), might not be what someone who belongs to the Indigenous population believes. They might argue that a home is where you can interact with your community, a place to feel safe and share with friends and family. Even the attitudes toward helping people who are unhoused have strict cultural implications. As described in Islam, it is part of the every-day religious ritual of a Muslim to give alms and help the poor in their community. In Hinduism, while helping the poor with food and shelter is allowed, certain castes are not allowed to eat alongside with or sit beside  people of lower castes. People experiencing homelessness have their own unique culture, where certain skills or strategies for survival on the streets are shared amongst each other.

Along with all these complexities, the unhoused also undergo various types of stigmas, including social stigma, and cultural stigma. Social stigma can be discrimination and harassment directed toward the homeless population by the institutions, systems and people that make up society. Cultural stigma can refer to the stigma expressed by friends and family members or other religious or cultural institutions that may shame and blame the victims for being homeless.

Unhoused people also have a hard time finding employment. This is partly due to the fact that the job application requires a home address for the application process to be completed. As a result, people who are dispossessed also experience difficulties when finding housing. The applications for apartments include a proof of income/employment section and applying for government housing takes months to be processed and reviewed. Many states have long and complicated application processes, and even then, it is not a guaranteed housing option. Nevertheless, applicants can be denied, and they would still need a place to stay while awaiting their application to be approved.

Adding to these difficulties, people in the homeless community are constantly harassed with wild stares or abuse, (both verbal and physical), from members of society. The law enforcement agency, an institution designed to serve and protect people of the community, may make matters worse by deteriorating the situation further. Without proper training, police approach the homeless defensively, ready to attack at the slightest “abnormal” reactions. What they haven’t been trained to realize is that many people experiencing homelessness are also at high-risk of developing mental health issues due to the stress and realities of being homeless. These altercations can turn deadly, and unfortunately, many people of the homeless community have either been locked up or even killed by officers of the law. Many of these instances were even caught on camera, yet these officers faced little to no accountability or legal punishment.

People experiencing homelessness are also easy targets to getting their possessions robbed, and many times, police will raid their camps and confiscate what few belongings they might acquire, including sleeping tents and toiletries. Society also treats the homeless population as a burden and blames them for being “lazy” or “druggies” or “criminals/suspicious,” without any provocation from the homeless community. It can be especially insulting for the people experiencing homelessness to be judged for their situation while society simultaneously fails to criticize the state’s inability to protect peoples’ fundamental human rights to food, shelter, and other basic needs.

The Legal Response to Homelessness in America

Spikes under bridges
Source: Yahoo Images; An example of hostile architecture to deter the homeless from sleeping under bridges

The legal response to the homelessness crisis in America has not been a heartwarming one either. Urban cities all over the United States have put in place anti-homelessness measures, otherwise known as hostile architecture. These include slanted benches, benches divided by armrests, spiked and rocky pavements to prevent people from sleeping there, and even boulders under bridges. Not only are these measures inhumane, they also cost the tax-payers a lot of money. These atrocious tactics are put in place to discourage homelessness, attempting to connect rising numbers of homelessness to increased crime rates. As recently as July of this year, Los Angeles even went so far as to make homelessness downright illegal, restricting homeless encampments in majority of the city. The city has even  prohibited the homeless from sitting, sleeping, or laying in public.  Due to the fact that homelessness overwhelmingly affects people who belong to already marginalized communities, a rights-based approach is necessary, one that addresses the existing systemic issues which need to be fixed first.

Covid-19 and How it Continues to Impact the Homeless Population

An image of a crowded homeless shelter
Source: Yahoo Images; Homeless shelters can be crowded, without proper social distancing measures in place

The Covid-19 pandemic continues to impact many different communities in a variety of ways. The pandemic hit especially hard among the homeless population, where access to hygienic products are often slim, if not non-existent. People experiencing homelessness may not have the ability to continuously wash and sanitize their hands, with limited access to clean water and soap products. They also been experience complications with social distancing measures, forced to be in crowded spaces like homeless shelters, which has only increased their risks of getting infected. Furthermore, even when infected, or exposed to the disease, the homeless population has very limited ability to quarantine, further allowing the spread of the disease to others in close proximity. The unhoused population has limited access to healthcare and medicinal treatments, and many are already immunocompromised or have pre-existing conditions, which increases their vulnerability of catching the disease. Stereotypes geared toward the homeless population labeling them as “junkies” or “druggies” has influenced the care they receive, leading to many cases of misdiagnoses or mistreatment as a result of biases held by healthcare professionals and others in the health care industry. Due to the rise in unemployment numbers during the economic shutdown as a response to the pandemic, millions of people who did not qualify for unemployment benefits, and could not make ends meet, also became homeless as a result.

Some Successful Approaches to Ending Homelessness

A person sitting next to a hostile architecture with a sign reading, "Homes Not Spikes"
source: yahoo images; An unhoused person advocating against hostile architecture

There have been some successful attempts at ending homelessness in America as well as in other nations. Utah attempted to decrease its rates of homelessness back in 2015, which successfully reduced its homelessness by 91%. They executed a policy known as “Housing First,” which gave their chronically homeless populations free housing, a decision that cost the state less money than alternative anti-homelessness measures. This program unfortunately has not been a complete success, as people experiencing homelessness in other states have been migrating to Utah, making it too expensive for Utah alone to pay for the country’s increasing homelessness crisis. A national policy, on the other hand, that could implement the Housing First approach taken by Utah, may be the easiest, and essentially cheapest option to ending the homelessness crisis in America. This is essentially what Finland did. In 2019, Finland approached the homelessness issue with the most obvious of answers, by providing housing for all those who are unhoused. Like Utah, they applied the “Housing First” policy, (which came with no strings attached), recognizing that housing is an essential human right that should be protected and promoted. They also understand that in the long run, providing the homeless population with housing is the cheaper option to society. Also, as examined earlier, if applied in America, this Housing First policy will inevitably save more lives, with fewer interactions between the homeless and the police.

While homelessness is not something people are normally born into, the unhoused face discrimination, stigmatization, and marginalization from society just as much as any other group. Although people’s socioeconomic status is a major factor in determining who is most vulnerable to experiencing homelessness, as we’ve seen in the case of the LGBTQ+ youth, and older veterans as well, homelessness can impact people of any and all races, at various age levels, and at any given time. The pandemic itself has expanded the homeless population as people are unable to pay their backed-up rent or mortgage payments. While alternative approaches can assist to eradicate levels of homelessness in our society as implemented in Finland and Utah, it is crucial that we also continue to destigmatize being homeless in American society and take a rights-based approach to finding long-term solutions to end their suffering.