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QUOTE OF THE WEEK
“If the weight of billions of dollars in economic loss, national humiliation and – heaven help us – a canceled Bruce Springsteen show didn’t sway Republican lawmakers to do the right thing, it’s hard to imagine what protections will be passed at the state level now simply by asking nicely.”
– Asheville Citizen-Times, “Don’t mistake HB2 ‘repeal’ for progress”
Here’s your breakdown of what’s happening this week in the #LGBTsouth:
LEGAL LANDMARKS
In a historic ruling, the Federal Appeals Court of the Seventh Circuit (which covers cases out of Indiana, Illinois, and Wisconsin) ruled that discrimination based on sexual orientation is illegal under the Civil Rights Act. In the case, the plaintiff, Kim Hively of South Bend, Indiana, sued her former employer stating that she was fired because she is a lesbian, and filed a sex discrimination case.
The question was whether sexual orientation was covered under existing sex discrimination protections. The judges say it is, stating it is a “common-sense reality that it is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex,” and that “It would require considerable calisthenics to remove the ‘sex’ from ‘sexual orientation.'” Hively’s lawyers say this is a “game changer” for lesbian, gay, and bisexual employees, who are facing discrimination in the workplace.
Another landmark federal ruling came on Wednesday, when U.S. District Judge Raymond P. Moore ruled in favor of a Colorado couple and determined that the Federal Fair Housing Act protects against LGBT discrimination. The case involved Rachel Smith, a transgender woman, and her wife Tonya, who is cisgender; the couple, who have two children, was denied a rental by a landlord who cited their “unique relationship” as the reason. Similar to the Hively case, Judge Moore found that because the law already protects against discrimination on the basis of sex, related discrimination based on norms about how a person of a certain sex or gender should behave is also illegal.
Congratulations to Lambda Legal and the plaintiffs for winning these two landmark cases.
BILLS, BILLS, BILLS
A major criticism of HB 142 was that the bill was rushed through due to pressure from the NCAA, which threatened to revoke hosting privileges for tournaments from N.C. until 2022. Many feel that state legislators valued the economic consequences of those potential losses over the real damage being done to citizens. However, this might be the only front on which HB 142 can be considered successful; the NCAA announced it would end its boycott of the state under the new law.
But it seems like some Republican lawmakers haven’t learned their lesson. Just a few days after the passing of the repeal, Rep. Brenden Jones introduced a new bathroom bill, HB 562. This new bill would place stiffer penalties for “trespassing” in restrooms. Gov. Roy Cooper has already announced that he does not support the new bill.
On Monday, the CSE team was in court as three judges from the 5th Circuit Court of Appeals heard arguments concerning Mississippi’s religious freedom bill, HB 1523. The law, passed last year, is extremely broad and allows individuals, businesses, and even government officials to discriminate freely. Last summer, shortly before the law was going to take effect, Judge Carlton W. Reeves issued an injunction, which blocked the law. The state of Mississippi appealed, leading to this week’s hearing.
WHAT ELSE?
Gilbert Baker, creator of the rainbow flag design, has died at age 65.
Equality Virginia will honor Gavin Grimm at its annual Commonwealth Dinner.
Estrella Sánchez, with Comunidad de Estrella in Atlanta, GA, and a Southern Equality Fund grantee, traveled last week to Washington DC to advocate for the rights of immigrants and transgender latinxs. Watch this interview with Estrella where she tells her story about being stabbed and in an ICE Detention center.
The first openly queer Durham, NC City Council member, Jillian Johnson, was interviewed by Elle about her transition from activism to local politics.
Mississippi Gulf Coast Rainbow Center President Molly Kester shares her story of transitioning in the Deep South.
STAFF READ OF THE WEEK
Two weeks ago, we held the first event in our series of Protect Yourself clinics, led by and for trans folks. Our LGBTQ Rights Toolkit Coordinator Ivy Gibson-Hill wrote about the event.
Forty seven percent of trans people have been assaulted in the last year (USTS, 2015). Knowing this, we have to ask ourselves what we can do to protect our people. That’s exactly why 25 trans and gender diverse folks gathered at Greenville Martial Art Center on Sunday, March 26th, kicking off this series of “Protect Yourself” clinics. The clinic featured a basic self-defense course taught by and for trans and gender diverse people. Roth Doyle, an organizer with QORDS, taught basic strikes, grabs, and holds that could be used in the event of a physical threat or attack.
The clinic also featured training in how to install and use the bSafe personal safety app for iOS and Android, training in how to use pepper spray (even practicing with inert units on-site), and safety planning with steps that can be taken if a threat to your safety occurs. Our safety planning segment of the clinic covered a wide array of issues, ranging from if you have been physically assaulted, dealing with suicidal ideations, what to do if you are sexually assaulted, and what you can do if ICE is at your door.
We also know that 1 in 8 people who have HIV don’t know they have the virus. We believe that access to comprehensive sexual healthcare and regular HIV testing is an essential piece in achieving health and wellbeing for our people. Free and confidential HIV testing was offered on-site. Thanks to our friends at Piedmont Care, we were able to administer 11 tests to folks in a safe and affirming environment.
There are deep-seated, systemic issues at the root of the grave disparities that trans folks face everyday. As we continue to work towards a reality that’s not peppered with violence, discrimination, and oppression of trans people, we will also work to keep our people safe in the here-and-now by arming our siblings across the South with tools to protect themselves like self-defense training, pepper spray, flashlights, personal safety apps, and safety plans.
We’re currently working on organizing these clinics in North Carolina, South Carolina, Georgia, Tennessee, and Alabama. To support our work, consider making a donation to our GoFundMe page. From putting gas in the tank to space rental to buying pepper spray, every dollar we raise will go directly to supporting the safety of trans and gender diverse people across the South.
WHAT THE CAMPAIGN FOR SOUTHERN EQUALITY IS UP TO
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We are excited to host a series of FREE “Protect Yourself” Clinic that centers the trans experience.
Led by and for trans folks, these clinics will cover a range of safety issues including: trainings in self defense and pepper spray, writing a safety plan, and using safety apps on your phone. Free and confidential HIV testing and counseling will also be available.
A clinics is coming up tomorrow, April 8 in Montgomery, AL. Thanks to The Knights and Orchids Society for co-hosting!
Interested in joining the CSE team? We are currently accepting applications for the Tzedek Social Justice Fellowship focused on Operations and Engagement at The Campaign for Southern Equality. The Tzedek Social Justice Fellowship (TSJF) is a transformational experience for emerging social justice leaders that builds the capacity of organizations to effect change in Asheville and beyond. The deadline to apply is Saturday, April 15. Visit our website to learn more!
