What the LGBT Community Should Know About Trump’s WH

 The ever showman, nothing is sacred if it serves a purpose

The election of Donald Trump and Mike Pence – coupled with the Republican Party control of both the Senate and the House – has, understandably, resulted in grave concern among LGBT individuals and their families.  While President-Elect Trump has stated his support for LGBT people, the Republican platform he ran on is the most anti-LGBT platform in history. It included planks calling for the repeal of the freedom to marry, laws authorizing discrimination based on sexual orientation and gender identity, and even encouraging conversion therapy.

MARRIAGE

The Freedom to Marry was deemed a Constitutional right by the United States Supreme Court in 2015.  Even if Trump appoints extreme right wing judges, the court rarely overturns prior decisions; it would be unprecedented for the court to take away a fundamental right it has determined is required by the Constitution. In the unlikely event that the court were to overrule its prior decision, individuals who are married would remain married and in many states where marriage was won prior to the court’s 2015 ruling, including California, marriages would continue. With public opinion now firmly in support of the freedom to marry, there is reason to be optimistic that this right is here to stay.

HEALTH CARE

The incoming administration made repealing the Affordable Care Act (ACA) a core issue in the campaign.  The ACA prohibits discrimination in health care based on sexual orientation and gender identity, and its repeal could result in millions of people losing their insurance. As a state, California has been a leader both in providing health care for low-income people and in passing legislation prohibiting discrimination by health-care insurers and providers. So, those with insurance, Medi-Cal, or Medicare will be protected from discrimination absent the federal government taking the extraordinary step of mandating discrimination. This is especially important for transgender individuals who have been denied services because of their gender identity.

THE MILITARY

LGBT Americans serving in the military is another issue that our community is concerned could be changed under the Trump Administration. While prohibiting openly LGB individuals from serving in the military seems unlikely, the new rules allowing transgender individuals to serve in the military could be in jeopardy given they were just enacted a few months ago. Hopefully, since the heads of every branch of the military signed off on allowing transgender individuals to serve, the Trump Administration will not move our nation backward.

CONVERSION THERAPY

The Republican platform endorsed the dangerous and discredited practice of conversion therapy. The harms, especially to LGBT youth, are severe and every major medical and mental health organization has condemned this practice. The National Center for Lesbian Rights Born Perfect Campaign has helped lead the fight to make this practice illegal, and five states, including California, have banned it for minors. It is unlikely that federal promotion of conversion therapy will gain traction.

 

Trump has pledged to reverse Obama Administration executive orders and policy guidance, although it is not clear which ones he may reverse. These could include reversing rules that prohibit federal contractors from discriminating based on sexual orientation and gender identity and/or requiring schools that receive federal funding to treat transgender students consistent with their gender identity.  For Californians, the good news is that we have state laws prohibiting discrimination in employment, housing and public accommodation, preventing state funds from going to entities that discriminate against LGBT people including in benefits, and requiring that students be allowed to participate in all school programs and use facilities consistent with their gender identity.

LICENSE TO DISCRIMINATE

Trump has stated that he will sign the so called “First Amendment Defense Act” which would effectively legalize anti-LGBT discrimination across the board, including among employers, businesses, landlords and health-care providers, if they claim to be motivated by firmly held religious beliefs. If such a law were enacted it could significantly undermine many of our gains, and the gains of other communities, including in California, as businesses and individuals, including government employees, could be exempted from all federal, state, and local nondiscrimination laws.

It is critically important that our community and allies be vigilant and mobilize to fight any attempts to reverse our gains. Continuing to build coalitions with other targeted and alienated groups, lobbying Congress and the White House, and supporting organizations that are fighting for us in the courts of law, legislatures, in the streets, and at the ballot box is essential.  If we all get involved, we can make a difference. It is more important now than ever.

Geoff Kors is the government policy director for the National Center for Lesbian Rights and a member of the Palm Springs City Council.  For more information or to get involved with NCLR, go to nclrights.org or email gkors@nclrights.org.  

By Geoff Kors, Special to Desert Outlook