As 2015 draws to a close, let’s review the many ways in which the fight for equality has made historical progress, as well the areas where fundamental rights of LGBT people are increasingly under siege.
The glowing landmark this year was the U.S. Supreme Court ruling in Obergefell v. Hodges that made marriage equality the law of the land. It was a jubilant moment in our struggle for equality. Justice Anthony Kennedy’s opinion will forever mark our “same love” slogan.
Let’s not forget the other countries that recognized LGBT relationships as equal and legitimate. In Ireland, 62 percent of voters approved the first-ever successful marriage-equality referendum in the world. In June, Mexico ruled that state bans on same-sex marriage were unconstitutional and both Cyprus and Chile passed civil-union legislation in 2015.
With every step forward, we sometimes have to take six steps back — and Kentucky clerk Kim Davis encapsulates those six steps. People have always been fighting the inevitable marriage-equality ruling, but after it became law, we saw a massive marriage-equality backlash led by conservatives who used Davis as their spokesperson. Conservatives tried every trick in the book, including banning marriage for everyone! Alas, marriage for all is still alive and well in the United States — but don’t become complacent. The next president will likely appoint several Supreme Court justices and, if they’re conservatives, Obergefell v. Hodges could become the next Roe v. Wade.
To that end, we saw the decade-old Religious Freedom Restoration Act (RFRA) legislation be perverted by conservatives and used to further discrimination. The religious right actively tried to undermine the Supreme Court even before their marriage ruling with RFRA laws, emulated best by the one passed in Indiana. RFRA laws allow individuals and businesses to discriminate based on their religious beliefs. There was a national firestorm that put Indiana in the crosshairs of all fair-minded people in America: The NCAA threatened to move the Final Four, CEOs signed a letter repudiating the legislation, companies like Angie’s List threatened to leave Indiana and Tim Cook, in his first demonstration of advocacy as an out leader, took to the streets.
It was also very much The Year of Caitlyn! While her birth name was legally Bruce Jenner on Jan. 1, 2015, she will ring in 2016 legally as Caitlyn Jenner. Regardless of your opinions on her legitimacy as an advocate for transgender individuals, Jenner defined the conversation about the transgender community this year. From her introduction to the world on the Vanity Fair cover to her TV show “I Am Cait,” Jenner was everywhere.
Despite advances internationally in trans visibility, the brutal reality is that being transgender is still a life-and-death issue. As of today, 23 transgender women have been murdered this year in the United States; the vast majority of which have been women of color. Worldwide, one transgender person is murdered every three days. We must actively fight for the T in LGBT and not just in words but also in money and in action.
The loss of the Houston Equal Rights Ordinance in Texas was devastating. The ordinance would have made Houston the last of the top-10 cities in America to enact protections based upon sexual orientation and gender identity. HERO was mainly defeated based on a fear promulgated by conservatives that the bill, which would protect transgender people’s right to use the bathroom that corresponds with their gender, would lead to sexual assaults in women’s restrooms. This is of course absolutely false, but it played a huge part in the defeat of HERO. However, gender-neutral bathrooms have been popping up all across America — including at the White House. It’s shocking that this just happened but better late than never.
California banned “gay-panic” and “trans-panic” defenses in criminal cases. Gov. Jerry Brown signed the groundbreaking bill, AB 2051, into law in September. In the past, these victim-blaming defenses have often been used by offenders to justify violence against LGBT people and to argue for lesser charges.
It’s necessary to stop and reflect on achievements to plot the journey ahead. So, where do we go from here?
Well, personally my biggest goals for LGBT equality in 2016 and beyond (as these are not overnight issues) are to tackle anti-transgender violence, temper LGBT homeless, address bullying in schools head on and, oh you know, maybe finally see the day where we pass employment-discrimination protections here in Pennsylvania and federally!
There are so many achievements I haven’t mentioned (i.e., Pope Francis’ bipolar stance on LGBT issues, Obama’s numerous LGBT appointments and executive orders, ISIL’s attacks on LGBT individuals and Michigan Womyn’s Music Festival coming to an end), but that tells you how monumental of a year this was. For all of us, 2015 will be remembered as the inflection point in LGBT civil rights, where everything begins to move forward at a quicker pace, for better or worse. Whether it’s employment discrimination, transgender rights or simply our acceptance as equal citizens under the law, the future may not be smooth sailing, but at least we made it out of the strongest surge of the storm and have several lighthouses we can keep our eyes steady on to guide us forward.
Angela D. Giampolo, principal of Giampolo Law Group, maintains offices in Pennsylvania and New Jersey and specializes in LGBT law, business law, real-estate law and civil rights. Her website is www.giampololaw.com and she maintains two blogs, www.phillygaylawyer.com and www.lifeinhouse.com. Send Angela your legal questions at [email protected].