The
election of President Donald Trump and Vice President Mike Pence has set off
panic in gay, lesbian, bisexual and transgender communities across the country,
as people worry that their divisive campaign promises would come true.
Many
questions have flooded the offices of LGBT advocacy groups nationwide. Will the
President change the health system so that transgender people are not protected
from discrimination? Will he appoint conservative judges to the US Supreme
Court who could roll back marriage equality and other civil rights? Will Vice
Present Pence’s long-ago support for so-called “conversion therapy” translate
to a directive for LGBT youth?
Trump,
Pence and the Republican Party’s anti-LGBT platform are a threat to the
progress made during the Obama administration’s legacy. People in the community
are scared. There is fear of an atmosphere of intolerance that was pre-viewed
in Trump’s campaign.
The
concerns that are most commonly heard by people in the LGBT community have to
do with same-sex marriage, same-sex adoption, bathroom bills, talk of
conversion therapy for LGBT youth and whether or not we will be able to serve
openly in the military.
Many
same-sex couples are worried that their marriages could be invalidated in
Trump’s America. Neither the President nor Congress can take away what the
Supreme Court has deemed a “fundamental right,” leaving current marriages safe.
While Trump does not have the right to unilaterally scrap marriage equality, he
has the power to appoint Supreme Court justices who could. It would take a long
time for the court to repeal marriage equality, and by then society will
potentially change to a more supportive attitude.
In regard
to same-sex adoption, gay and lesbian parents are worried that their parental
rights could be in jeopardy, especially for the non-biological parent. Experts
say that even though that person’s name is on the birth certificate it is best
to adopt the child. States set adoption and parental rights policies, so that
adoption ensures both parents have a legal tie, which could help in challenges
to parental rights at the federal level.
North Carolina’s
controversial HB 2, bathroom bill, has set the precedent for proposals to
regulate bathroom access for transgender people across the country. HB 2 was
redefined and passed this week and even though some of the things the
transgender communities wanted were named, protection was not addressed and
remains ambiguous. In 2016 there was an upswing in anti-trans legislation and
it is anticipated that will continue to increase in 2017. Advocacy groups have
been training across the country for more legislative battles.
Transgender
students are at particular risk. The Obama administration’s recommendation to
schools to treat transgender students in accordance with their gender identity
was popular with advocacy groups and was criticized by conservatives. President
Trump has said that transgender people should be protected under the law but
rejected the use of federal law to do so, saying it should be left to the
states.
Even though
Obamacare is secure for the moment we are aware that President Trump will try
again to repeal the Affordable Care Act. Of the 20 million Americans covered,
about 5% are gay, lesbian, bisexual or transgender. The Affordable Care Act has
a non-discrimination provision that includes gender identity and sexual
orientation. It is especially meaningful for transgender people, who often face
discrimination when they try to access gender-affirming health care. It remains
to be seen how President Trump would take away the protections in Obamacare
when his own health plan is brought up for a vote again.
At no point
during the presidential campaign did Vice President talk about supporting
conversion therapy, a widely discredited practice that claims to undo
homosexuality. Pence’s record in his own state would indicate that he promotes
conversion therapy. Because the practice has been widely rejected by mental
health professionals and outlawed in some states, it’s hard to imagine that it
could ever gain credibility or become law, even with the support of an elected
official.
Another
concern is about serving in the military. It is exceedingly unlikely that Pence’s
opposition to the repeal of “Don’t Ask, Don’t Tell” will reverse the decision
to let gays and lesbians serve openly in the military. Transgender service
began this year, too, signed off on by the chairs of each military branch. It
is thought that regulations are not easy to undo and the military leadership of
our country feels good about it and all of those people have skills and
expertise that our military needs.
There has
been surprising numbers of people who are overcoming their complicity and are
getting involved at all levels of government to make their concerns be heard.
If anything is going to affect our future we need to continue contacting our
constituents to maintain protection for our community.
