Gay Pride at the Women's World Cup

The United States women’s national team is advancing to the semifinals of the  World Cup. There’s two elements to this: one, a tenacious defense that looked like they had decided on “death before dishonor” as their ethos for this game, and gay heartthrob Megan Rapinoe.

Rapinoe dropped two goals on France over the course of a tense game played out in the sticky heat currently swamping Paris. The first was an early wonder, the ball somehow scooting through a sea of legs and into the goal.

The second was a well-worked ball that exposed a giant lapse in the French defense as Alex Morgan played in Tobin Heath, whose pass cut across the box found Rapinoe as open as Julie Andrews larking through the hills of Austria.

If you couldn’t believe how open Pinoe was, neither could she. “I was like this is not falling to me right now,” she said in the mixed zone. “I actually had so much time to think I was like oh my god, just bang it home.”

She did bang it home, and with Wendie Renard snatching a header back for France, it ended up being the game winner. That’s particularly satisfying for Rapinoe fans who spent this week basically telling a certain someone to keep Rapinoe’s name out of his mouth. Rapinoe didn’t mention him by name at all in the mixed zone though, even when asked if it felt particularly good to emerge as one of the heroes of this game after being disparaged by a high profile idiot.

“I think there’s always satisfaction,” she said of her goals and the win. “I don’t really get energized by haters or all that. I feel like there’s so many more people who love so I’m like, hey, you love me, this is great. I’m more energized by that.”

In fact, it meant more to Rapinoe that this performance came during LGBTQ Pride Month, and the night before the Paris Pride march.

“You can’t win a championship without gays on your team, it’s pretty much never been done before ever. Science, right there.” She grinned as she said it, perhaps only halfway facetious.

Rapinoe added, “I think, not the haters, but yeah, I’m motivated by people like me and people who are fighting for the same things and I take more energy from that than trying to prove everyone wrong all the time. That’s sort of draining to me. So yeah, to be gay and fabulous during pride month at the World Cup is nice.”

Gay: check. Fabulous: big double check. From Megan Rapinoe to all the queer soccer fans out there, that one was for you.

Threats to Gay Rights

A Supreme Court shaped by President Donald Trump, especially if and when Justice Anthony Kennedy retires, could not only block progress but actually erase existing LGBT rights. That prospect looks increasingly likely. The only formal principle that counsels against the Court overturning the cases that established rights to intimacy and marriage—stare decisis, meaning “to stand by things decided”—is far from an ironclad guarantee against encroachment or even reversal.

The principal exception lies in instances of a major new development—a clear-cut Supreme Court opinion. It is a matter of debate how directly a Supreme Court decision must undercut precedent before a lower court can deviate. The only thing a panel that finds precedent flawed can do is note the flaw’s existence and push the court to hear the issue as a full court, or en banc. En banc hearings are rare.

In all circumstances, courts are expected to avoid deviating from precedent. In law, there are few hills steeper than stare decisis. Squarely confronting the weight of precedent all but guarantees a loss. The rules are a little different for the Supreme Court.

If a Trumped-up Supreme Court shines from a full-frontal assault on gay rights, their reluctance would likely stem not from stare decision but from the jurisprudential gymnastics that would be required to walk Obergefell v. Hodges back without disrupting other precedent on marriage—and, more compellingly, without risking a blowback in public opinion. There are hundreds of thousands of married same-sex couples throughout the United States. Public opinion favors LGBT rights broadly and marriage overwhelmingly. Overruling landmark gay rights cases could generate a backlash that sees LGBT rights reinstated through legislation.

The Supreme Court can significantly undermine LGBT rights even without reversing a singly case. Right now, the federal prohibition against sex discrimination doesn’t bar discrimination on the basis of sexual orientation or gender identity; the Equal Protection Clause affords no specific protections for LGBT people, as it does for members of groups defined by race and nationality. The Court can strip the rights to intimacy and marriage of their meaning, carving away gradually and masking the magnitude of changes by phrasing them in arcane legal terms. Several pending cases could give the Court just such an opportunity. If Trump gets to replace any liberal justice, or Kennedy, there will be no further gay rights victories at the highest court. The next question: How many rights will LGBT people lose?

Matthew Shepard Twenty years and Not Forgotten

(1976–1998)

Matthew Shepard died from severe injuries he sustained in a violent gay-related hate crime attack. His death set off a nationwide debate about hate crimes and homophobia that ultimately led to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009).

Matthew Shepard was born in Wyoming on December 1, 1976, to Judy and Dennis Shepard. In 1998, two men, Aaron McKinney and Russell Henderson, abducted Shepard and drove him to a remote area where he was tied to a split-rail fence, beaten severely, and left to die in the cold of the night. Shepard died just a few days later on October 12, 1998 at the age of 21. His brutal and gruesome death has become one of the most notorious anti-gay hate crimes in American history and eventually led to the Matthew Shepard and  Hate Crimes Prevention Act (2009).

Born on December 1, 1976 in the oil boomtown Casper, Wyoming to Judy and Dennis Shepard, Matthew Wayne Shepard, the elder of two sons, was a sensitive, soft-spoken, and kind young boy. He went to public school in Casper until his junior year of high school when Shepard moved with his family to Dhahran, Saudi Arabia where his father worked in oil safety engineering. He completed high school at The American School in Switzerland where he studied German, Italian, and theater and enjoyed music and fashion.

During his senior year, Shepard took a vacation with three classmates to Morocco. During this trip, Shepard was raped, beaten and robbed by a gang of locals. Some assert that Shepard's petit stature (he was only 5’ 2” and 100 pounds) made him particularly vulnerable to victimization. Although the police attempted to ascertain who committed the attack, the perpetrators were never caught. After the assault, Shepard sought therapeutic treatment but had flashbacks, panic attacks, and nightmares. He continued to experience periods of paranoia, depression, anxiety, and suicidal ideation for the remainder of his short life.

After graduating high school, Matthew Shepard briefly attended a small liberal arts school, Catawba College, in Salisbury, North Carolina, in pursuit of a theatre career. Although Shepard knew he was gay from a young age, he came out to his mother only after high school; she reassured him she had known about his sexual identity for years. He then moved to Raleigh, North Carolina, before moving back home to attend community college at Casper College.

At Casper, a teacher introduced him to Romaine Patterson, an outgoing lesbian who became one of Shepard’s close friends. The two moved to Denver, Colorado and Shepard worked a string of part-time jobs but always knew his passion was helping people. In 1998, he moved to Laramie and enrolled at the University of Wyoming, his parents’ alma mater, because he felt that living in a small town would help him feel safe. As a 21-year-old freshman, Shepard studied political science and international relations and wanted to pursue a Foreign Service career. Known to be polite, thoughtful and a great conversationalist, Shepard quickly became active on campus and joined the university’s lesbian, gay, bisexual, and transgender (LGBT) student alliance.

Just a few months after arriving in Laramie, on October 6, 1998, Shepard encountered Aaron McKinney and Russell Henderson at a local pub, The Fireside Lounge. McKinney and Henderson saw Shepard as an easy target and made target plans to rob him. In the early hours of October 7th, the pair lured him away from the bar and drove him to a rural area where they tied him to a split-rail fence, beat him severely with the butt of a .357 Smith & Wesson pistol, and left him to die in the near-freezing temperatures of the early morning hours.

McKinney later stated he assumed Shepard was dead when they left. Shepard was discovered 18 hours later by a bicyclist, Aaron Kreifels, who at first thought he was a scarecrow. Still alive but in a coma, Shepard was rushed to Poudre Valley Hospital in Fort Collins, Colorado. For four days, Shepard lay comatose in a hospital bed just down the hall from McKinney (who was there as the result of a hairline fracture of the skull that he received in a brawl he had instigated just a few hours after attacking Shepard).

In addition to numerous bruises, welts, and lacerations, Shepard’s brain stem was severely damaged and he also was suffering from hypothermia. He was pronounced dead at 12:53 A.M. on October 12, 1998. Shortly after, police found the bloody gun as well as Shepard's shoes and wallet in McKinney’s truck McKinney and Henderson were arrested and were convicted of felony murder and kidnapping. Both received two consecutive life terms.

Shepard’s memorial service was held at St. Mark's Episcopal Church in Casper, Wyoming on October 16, 1998 and was attended by over 700 people (many had to stand outside in the snow), including friends and family from around the world. Also present were notorious protestors from the Westboro Baptist Church, including Fred Phelps himself, who picketed the funeral with homophobic signs. To combat their bigotry, Shepard’s friend Romaine Patterson organized a group, now called Angel Action, to block the protestors by wearing white robes and large angelic wings. Because his brutal attack attracted so much media coverage, Shepard's death was front and center of the outcry against anti-gay hate and violence.

Despite the anti-gay rhetoric spouted by McKinney and Henderson throughout the trials that ultimately led to their life sentences for Shepard’s murder, they were not charged with a hate crime. As a result, Shepard’s high-profile murder case sparked protests, vigils and calls for federal legislation to protect LGBT victims of violence.

On October 28, 2009, over eleven years after Shepard’s murder, President Barrack Obama with Judy Shepard by his side, signed into law The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The new legislation expanded the definition of the federal hate crime law by including crimes instigated by an individual's perceived gender or gender identity (which were previously not included in FBI hate crime data) and revising the collection standards for biases motivated by sexual orientation, race, and ethnicity. The Shepard/Byrd Act gives the Department of Justice the power to investigate and prosecute bias-motivated violent crimes against LGBT victims.

Shepard’s life and untimely death have served as an inspiration for activism against hate. Following his death and inspired by Shepard’s passion to foster a more caring and just world, Shepard’s parents created the Matthew Shapard Foundation mission is for "individuals to embrace human dignity and diversity" and "to replace hate with understanding, compassion and acceptance."