Univision aired an hour-long special about the stories of four Latino transgender individuals on their weekly news show Aquí y Ahora, doing a praiseworthy job of normalizing the life experiences of transgender people to a Spanish-speaking audience.
On April 19, Aquí y Ahora aired a one-hour special titled "En Cuerpo Ajeno" (In Another Body), following the lives of four transgender individuals. For over a year, the program followed the stories of transgender women Vinna and Natalia; Christian, a transgender 10 year-old boy; and Shane, a 60 year-old transgender man. Aquí y Ahora reporter Teresa Rodríguez conducted interviews with family members, significant others, mental health experts, transgender activists and medical professionals in order to provide audiences with a thorough look at the lives of the segment's subjects.
The segment's portrayals went beyond the physiological aspects of transitions to highlight the subjects' day-to-day life experiences, including their jobs and relationships, accurately normalizing their life stories for audiences.
The segment also included the voice of transgender activist Cristina Herrera, president of the TransLatina Network, who described the types of discrimination frequently experienced by transgender individuals and underscored the positive work her organization does to benefit the transgender community.
From the April 17 edition of Fox News' The O'Reilly Factor:
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Both Fox's Sean Hannity and Univision host Jorge Ramos misrepresented the Latino vote by suggesting that if it weren't for the issue of immigration, Hispanics would favor conservative candidates. But not only do Latino voters prioritize multiple issues in addition to immigration, on those issues they are far more likely to support progressive reforms than Ramos and Hannity suggested.
On the April 15 edition of his Fox show, Hannity misleadingly claimed that Hispanics "generally speaking" were "conservative on social issues," and suggested that the sole reason Latinos might not vote for Hispanic GOP presidential candidates such as Ted Cruz and Marco Rubio was their anti-immigration stances. Ramos agreed, and claimed that the reason Hispanics tend to vote for Democrats was entirely due to immigration:
RAMOS: Republicans, I think, they've missed a huge opportunity, because when it comes to values, they're close to the Hispanic community, but Latinos honestly can't see beyond immigration.
Ramos went on to inaccurately oversimplify the Latino constituency by painting immigration as their "prerequisite" to supporting a candidate, which in his opinion would give Jeb Bush -- who has supported a pathway to citizenship --an edge with Latinos in the 2016 election.
The current push for expanded state "religious freedom" laws is thanks in large part to the work of the Alliance Defending Freedom (ADF), an extreme right-wing legal group that's worked to criminalize gay sex across the globe.
A $39 million non-profit Christian legal group, ADF bills itself as an organization that works for the "right of people to freely live out their faith." The group has laid the groundwork for "religious freedom" laws across the country, using their legal work to peddle the myth that Christians are under attack by the "homosexual agenda." But behind this religious freedom rhetoric, the group promotes an extreme anti-LGBT agenda, namely working internationally to criminalize gay sex.
Alliance Defending Freedom is a legal organization that works with 2,400 allied attorneys nationally on a $39 million (as of 2013) annual budget. ADF was founded in 1994 by several of the country's largest national evangelical Christian ministries to "press the case for religious liberty issues in the nation's courts" and "fend-off growing efforts by groups such as the American Civil Liberties Union (ACLU), which seek to immobilize Christians." Today, it has become the country's best-funded and most powerful right-wing Christian group working against what the organization calls the "myth of the so-called 'separation of church and state.'"
As the "800-pound gorilla of the Christian right," the group has become a fixture on Fox News in stories about "Christian persecution," where the group is perhaps best known for defending anti-gay business owners who refuse to serve gay customers. But ADF's agenda is far more extreme than defending discriminatory florists and bakers in court.
While the group prefers to talk about its "religious liberty" work when in the media spotlight, ADF also actively works internationally to promote and defend laws that criminalize gay sex. ADF's formal support for anti-sodomy legislation dates to at least 2003, before the Supreme Court made its landmark decision in Lawrence v. Texas. ADF, which was at the time still known as the Alliance Defense Fund, filed an amicus brief in the case, defending state laws criminalizing gay sex. In its brief, ADF spent nearly 30 pages arguing that gay sex is unhealthy, harmful, and a public health risk.
Since the Lawrence decision declared anti-sodomy laws unconstitutional, ADF has taken its extremist agenda abroad, working in Jamaica, Belize, and India to support laws that imprison gay people for having sex. The organization annually expands its network of international (and domestic) lawyers at its Legal Academy, a week-long lawyer training event that, among other things, teaches attendees how to "battle the radical homosexual legal agenda." In exchange, the trainees are obligated to provide 450 hours of free legal services over a three-year period to ADF or other organizations "that forward the mission of the alliance." According to ADF, nearly 1,800 lawyers have participated in its training program.
The group also has rich history of extremist ant-LGBT positions, including opposing anti-bullying efforts in public schools and labeling the hate crime that led to the murder of Matthew Shepard -- a gay University of Wyoming student who was beaten and tortured to death -- a hoax to advance the "homosexual agenda." The organization's media kit explicitly supports this radical position, and instructs media to call violent attacks against LGBT people "so-called 'hate' crimes," to refer to the LGBT rights movement as the "homosexual agenda," and to call trans people "cross-dressing" and "sexually confused."
ADF partners with more than 300 like-minded institutions, including the rabidly anti-LGBT Pacific Justice Institute, the Thomas More Law Center, the Family Research Council (a hate group), the Heritage Foundation, and the now-defunct "ex-gay" organization Exodus International. ADF's relentless legal campaign against LGBT equality led the Southern Poverty Law Center (SPLC) to describe the organization as "virulently anti-gay." Unsurprisingly, the group has been at the forefront of the fight against same-sex marriage -- ADF attorneys represented the defendants in the Proposition 8 case before the Supreme Court in 2013, and have defended same-sex marriage bans in over 25 states.
ADF President, CEO, and General Counsel Alan Sears has his own personal history of extreme homophobia. In 2003, Sears co-authored the book The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today, which compares the gay "propaganda" movement to what "Hitler did so masterfully in Nazi Germany, to get the American public on their side." In another chapter, Sears claims that homosexuality and pedophilia are "intrinsically linked."
Sears' book echoes ADF's larger strategy of painting Christians as victims in a supposed war against Christianity, a position which depicts LGBT rights and religious freedom as mutually exclusive, writing:
The efforts of homosexual activists to convince Americans to tolerate homosexual behavior tramples religious freedom and leaves a trail of broken bodies in the dust.
His radical anti-LGBT conspiracy theories haven't stopped Sears from enjoying an influential career -- by his own count, Sears has persuaded legislators in 20 states to adopt his legislative recommendations. He's also "helped fashion the language for numerous state and federal laws and has testified before committees of the U.S. House and Senate, state legislatures, and many local governments, and commissions."
ADF has been peddling the myth of "Christian persecution" since its inception in 1994, when the newly formed "Alliance Defense Fund" solicited donations on Christian radio by claiming:
Pro-life demonstrations may soon be illegal. ... Religious broadcasting may soon be censored. Hiring homosexuals in Christian schools, churches, and even as Sunday School teachers may soon become the law of the land. ... Don't let Christianity become a crime.
Today, ADF lists "religious liberty" as one of the organization's "key issues." According to ADF's website, "religious liberty [is] under attack in America" and "those who believe in God are increasingly threatened, punished, and silenced."
This narrative is part of the broader misinformation campaign orchestrated by a network of conservative evangelical and Roman Catholic organizations to frame Christians as "victims" of discrimination. As Dr. Jay Michaelson, a religious liberty fellow at Political Research Associates, noted in a recent report, these organizations are (emphasis added):
Waging a vigorous challenge to LGBTQ and reproductive rights by charging that both threaten their right-wing definition of "religious liberty."
Religious conservatives have succeeded in reframing the debate, inverting the victim-oppressor dynamic, and broadening support for their agenda.
In an interview with ThinkProgress, Rob Boston, director of communications at Americans United for Separation of Church and State, said of ADF's religious persecution rhetoric, "if you read their emails, their magazines, go to events, you hear a constant message of 'we're under attack, under siege, being persecuted. It works, motivates people to give, makes them afraid, causes them to reach for checkbooks or credit card."
To further their myth of Christian persecution, ADF frequently provides legal representation to Christian business owners who refuse to serve LGBT customers and are then sued for violating local non-discrimination ordinances. ADF frequently seizes these cases -- which it almost always loses -- to rally conservatives around these highly publicized examples of "persecuted" Christians.
This past fall, ADF attorney's filed a lawsuit against the city of Coeur d'Alene, Idaho, on behalf of a chapel owned by a Christian couple, both ordained ministers, who ADF alleged were being forced to perform same-sex marriages after the city passed an LGBT-inclusive non-discrimination ordinance. This turned out to be a patently false tale and baseless lawsuit -- the "chapel" owned by the couple was a for-profit business, and the city had not taken any legal action against the business, which, if it were registered as a religious nonprofit, would be exempt from the non-discrimination ordinance.
But that didn't matter to ADF. The goal in taking up these types of cases is to create publicity for their cause. And ADF succeeded -- right-wing media seized on the story of the chapel, which quickly spread across Fox and other conservative outlets.
In similar cases, ADF has represented a florist who refused to provide flowers for a same-sex wedding, two sets of couples who refused to host same-sex marriages at their for-profit, secular venues, and a New Mexico photographer who refused to work a same-sex wedding.
ADF's clients, who are allegedly "discriminated" against because of their religious beliefs, act as the horror stories that have become the primary argument behind the national push for expanded "religious freedom" laws, also known as Religious Freedom Restoration Acts (RFRA). As the Indianapolis Star pointed out in the controversy surrounding Indiana's recently passed RFRA, there is a "pervasive perception that many argue is not a misconception: that Indiana's RFRA is -- and always has been -- a way to allow those who oppose same-sex marriage to deny providing wedding-related services on religious grounds."
The Center for Arizona Policy, which co-wrote Arizona's failed RFRA, crystallized the link between religious freedom laws and "protecting" wedding businesses, writing that "the critical need for [SB 1062] came to light" after the New Mexico Supreme Court ruled against the photographer, represented by ADF, who declined to provide services to a same-sex wedding.
In a recent blog defending Jack Phillips, a Colorado baker who refused to make a cake for a gay couple, ADF Senior Legal Counsel Jeremy Tedesco seized the case as an opportunity to encourage states to adopt their own RFRAs:
States should adopt religious freedom laws that protect their citizens' fundamental right to religious liberty so the government has to prove a compelling reason before it can force someone like Jack to violate his faith.
On their page dedicated to RFRA, ADF cites their own client, Barronelle Stutzman, a Washington state florist who violated the state's non-discrimination law by refusing to serve a same-sex couple, as an example of "what can happen when religious freedom is not protected."
ADF doesn't rely solely on their own mailing list and social media to spread the Christian discrimination narrative -- Fox News frequently provides ADF a national platform to bring these cases to national attention and simultaneously defend RFRA legislation. Recently, Fox hosted an ADF attorney to rally viewers behind Stutzman, depicting her as a victim who risked losing her home and livelihood because of the state's non-discrimination law. ADF's cozy relationship with Fox is mutually beneficial: ADF relies on Fox for publicity, and Fox relies on ADF for a steady stream of stories riling up its audience about Christians being under attack, allowing the network to campaign for anti-LGBT RFRAs under the guise of protecting religious liberty.
While ADF has worked publicly to make the national case for expanded RFRAs, the group is quieter about their coordinated legal and lobbying efforts to pass "religious freedom" laws. ADF first emerged as the driving force behind RFRAs in 2014, when the organization helped write Arizona's SB 1062. The bill, which sparked national controversy and was ultimately vetoed, would have expanded legal protections for businesses refusing service to gay customers. At the time, CNN's Anderson Cooper noted that ADF was behind the "genetic code" of SB 1062 and similar religious freedom laws across the country. MSNBC's Chris Hayes similarly documented ADF's involvement in writing the law, while also noting the group's support for criminalizing gay sex abroad.
ADF has had a hand in helping craft a number of similar RFRAs across the country. Gregg Scott, vice president for ADF, has characterized enacting RFRAs as "a legislator's most important duty." Last year, ADF senior counsel Joel Oster testified in favor of Kansas's RFRA, which was signed into law in April 2013. ADF recently pushed for a RFRA in Colorado, where on March 9 ADF senior counsel Michael J. Norton testified in defense of a "State Freedom of Conscience Protection Act," another license to discriminate "religious freedom" bill that was killed in the Colorado House. ADF also had a hand in writing Georgia's recently tabled RFRA.
Most recently, ADF helped "advise" Indiana lawmakers during the debate over the state's controversial RFRA. ADF's litigation counsel, Kellie Fiedorek, even stood behind Indiana Gov. Mike Pence during the private ceremony signing the bill into law:
ADF's reach extends all the way to state legislators where ADF alums and even currently allied attorneys introduce and sponsor "religious freedom" legislation. One of the sponsors of a recently introduced RFRA in North Carolina is House Rep. Jacqueline Schaffer (R), who proudly boasts her "continu[ed] involvement in promoting religious freedom" as "an Allied Attorney" with ADF. Similarly, in Louisiana, House Rep. Mike Johnson (R) has introduced the "Marriage and Conscience Act," a virulently anti-LGBT bill that explicitly allows discrimination against same-sex couples. Johnson previously served as a senior attorney and media spokesman for ADF.
Working under the guise of a "religious freedom" organization, ADF's efforts to curtail LGBT rights have been largely successful. Jeff Graham, executive director of Georgia Equality, said in an interview with The Daily Beast:
In the last two years, there have been 35 bills introduced around the country to establish or expand a RFRA. And there have been over 80 bills filed that specifically allow for discrimination against gay and trans communities.
These RFRAs are more than just a legal shield for anti-gay business owners -- they're a product of ADF's mission to eliminate legal protections for gays and lesbians. Their intent is to make it easier to discriminate on the basis of sexual orientation and gender identity. When Indiana considered adding an LGBT non-discrimination amendment to its RFRA, ADF senior counsel Kristen Waggoner told media outlets:
The new proposal unjustly deprives citizens their day in court, denies freedom a fair hearing, and rigs the system in advance. It gives the government a new weapon against individual citizens who are merely exercising freedoms that Americans were guaranteed from the founding of this country.
As constitutional law scholar Marci Hamilton explained in her book God vs. the Gavel: The Perils of Extreme Religious Liberty, the anti-gay groups behind state RFRAs reveal the laws' "true colors." Media stories about RFRA are not complete until they acknowledge the extreme anti-LGBT group that has worked to lay the groundwork, both legally and in the media, for expanded "religious freedom" legislation.
For the second time this year, an anti-LGBT hate group is hosting a trip to Israel that will feature prominent figures from the Republican Party. The event will also feature Fox radio host Todd Starnes.
On October 27, the Family Research Council (FRC) will host its first ever eleven-day "Holy Land Tour" -- a "unique, one-of-a kind tour" where guests will "explore the land of the Bible and the roots of our Christian faith" and meet with "some of Israel's political and religious leaders."
According to the tour's brochure, the $5,000 trip features "insightful Bible teaching" and meetings with Israeli leaders aimed at providing guests with "a better understanding of Israel's important role in current geopolitical affairs and biblical prophecy."
The tour will feature a number of "special guests" including former Senator Rick Santorum, Louisiana Gov. Bobby Jindal (R), and Fox News commentator Todd Starnes, who has a history of acting as FRC's mouthpiece and peddling anti-LGBT rhetoric on Fox.
FRC was labeled an anti-gay hate group by the Southern Poverty Law Center (SPLC) in 2010 due to the group's peddling of false and damaging smears about the LGBT community. The tour will also feature FRC's president Tony Perkins, who has described pedophilia as a "homosexual problem," accused the "It Gets Better" campaign of trying to "recruit" kids into a "lifestyle" of "perversion," and praised Uganda for criminalizing homosexuality.
National Republicans were widely lampooned earlier this year for participating in a similar hate group-led trip to Israel. In February, the Republican National Committee faced criticism for sending national committee members on a 9-day trip to Israel paid for by the American Family Association (AFA), which has also been labeled a hate group by SPLC. Even conservative activists criticized the RNC for aligning with a group like AFA. RNC Chairman Reince Priebus eventually pulled out of the event, and MSNBC's Rachel Maddow reported that AFA demoted one of their most inflammatory spokesmen in the midst of the controversy.
From the April 14 edition of CNN's The Lead with Jake Tapper:
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Iowa radio host Steve Deace is known as Iowa's "conservative hitmaker," a powerful force in Republican primaries and an aggressive promoter of an extreme and often homophobic agenda. Now, Deace is one of Sen. Ted Cruz's (R-TX) most vocal supporters, giving Cruz an advantage in the early Republican primary state.
From the April 8 edition of Fox News' The Five:
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LGBT organizations, transgender advocacy groups, and prominent transgender activists are calling on national news networks to improve their coverage of important transgender issues, including the disproportionate amount of violence targeted at trans women of color.
A recent Media Matters report found that national cable, broadcast, and Spanish-language news networks ignored the murders of seven transgender women of color in the United States in the first two months of 2015. Transgender news coverage often focused on sensationalized stories while excluding trans voices and ignoring the more substantive issues of violence and discrimination against transgender people.
In the wake of the report, LGBT organizations and transgender advocacy groups are calling on national news networks to improve their coverage.
Raffi Freedman-Gurspan, Policy Advisor for the Racial and Economic Justice Initiative at the National Center for Transgender Equality:
Violence against transgender women is an undeniable crisis in this country. In the first few months of this year alone, eight transgender women have been killed while state legislative attacks gain traction nationwide. Major news networks have largely ignored these attacks including the deaths of transgender women. NCTE calls on these news networks to accurately, fairly, and respectfully report on these murders and to allow transgender women, especially those of color, to speak about the discrimination and violence in their communities. To get the story right on news in America, that news must include the stories of transgender people.
Bamby Salcedo, President of the TransLatin@ Coalition:
As the epidemic of violence and murders targeting transgender women and gender non-conforming people continue to take place throughout the nation, national news organizations remain silent on the issue. We need the media to elevate the voices of transgender women of color, to challenge the violence and discrimination directed at transgender people, and to commit to fairly and accurately reporting information about our community. In order to create a world without any violence, harassment, and discrimination, we need everyone to join us in raising awareness.
Lourdes Ashley Hunter, National Director of the Trans Women of Color Collective:
There is an epidemic of brutal violence against trans women of color that is inextricably linked to the structural oppression we face every day. In this country, it is completely legal to deny a trans women of color access to housing, employment, educational opportunities and healthcare. This legalized discrimination contributes to the socio-economic disenfranchisement of our community, which also puts us at risk for homelessness, poverty, heightened criminalization, and physical and state-sanctioned violence. In 2013, there were 14 reported murders of trans women of color. In 2014, the same year that our nation celebrated the 45th anniversary of the Stonewall Rebellion, 12 trans women of color were brutally murdered in a 6-month time span. And in the first two months of this year, 7 (reported) trans women of color have been brutally murdered. When media outlets do report on violence against trans women, they often carelessly and callously engage in violence by using "given names," mug shots or recklessly including alleged criminal history when reporting on victims. The lack of national outrage reinforces a narrative that our lives are disposable.
Kris Hayashi, Executive Director of the Transgender Law Center:
There is a crisis of violence against transgender women of color, and it is irresponsible for outlets to ignore that reality. By failing to recognize these epidemic levels of violence or listen to the voices of those impacted by it, our news contributes to the very climate that makes this violence possible. It sends the message that transgender women of color do not matter.
Kylar Broadus, Transgender Civil Rights Project Director at the National LGBTQ Task Force:
Eight transgender women and gender non-conforming people have been murdered across the US this year alone and not a single national news media outlet has reported on these homicides. This epidemic of violence must end and we need everyone's help--from the classroom, to the newsroom, to the corridors of power. Everyone has a key role to play in creating a safe, just, and equitable society free from discrimination and persecution.
Nick Adams, Director of Communications and Special Projects at GLAAD:
The violence against transgender people, especially transgender women of color, must not be ignored. The stories of transgender people who face staggering levels of violence, poverty, and employment discrimination need to be told, as well as the stories of resilience and advocacy work coming from within the trans community. By telling these stories, the media will educate lawmakers, social service providers, and everyday Americans about the urgent need for trans-inclusive legal protections, competent social services, and widespread acceptance.
Osman Ahmed, Research and Education Coordinator at the National Coalition of Anti-Violence Programs:
The homicides of transgender women, and specifically transgender women of color, is an ongoing epidemic that has reached unprecedented levels with the seven homicides of transgender women of color in the first two months of 2015 alone. In just these two months NCAVP has documented more than half of the 12 homicides that were reported in all of 2014. While coverage of individual homicides has somewhat increased recently, it is time for the media to start connecting the dots and talking about the breadth and complexity of this violence.
To read the full report, click here.
A Media Matters study analyzing transgender coverage on national cable, broadcast, and Spanish-language news networks from January 1st to February 28, 2015, found that Hispanic media has devoted scant coverage to stories affecting the transgender community, including ignoring a recent wave of deadly violence against transgender women of color.
According to the report, coverage of transgender stories on Spanish-language media has been sparse at best, devoting less than ten minutes to stories about transgender people in January and February:
More importantly, as reported by the National Coalition Of Anti-Violence Programs, seven transgender women of color have been murdered throughout the U.S. in January and February alone. Despite some of these crimes taking the lives of Hispanics or occurring in areas with dense Latino populations, the murders went without receiving coverage on Telemundo or Univision's national news programs.
In the timeframe studied, Media Matters counted eight reports about the transgender community on the national Spanish-language news programs of Univision and Telemundo. Three were devoted to speculation involving Bruce Jenner's transition, and one was simply a mention of Telemundo's GLAAD awards-nominated August 2014 interview of a transgender woman.
The networks' disproportionate focus on Bruce Jenner's story illustrates how Hispanic media has prioritized sensationalist, tabloid-worthy coverage over important stories that spotlight the plights of the transgender community, and especially trans women of color.
One segment from the January 30 edition of Telemundo's Al Rojo Vivo Con Maria Celeste, for example, focused on the death of a transgender woman resulting from complications caused by a privately administered silicon shot:
Rather than celebrating the victim's life, discussing the challenges she faced seeking acceptance, or underscoring the tragedy of her death, the voyeuristic segment focused on aspects related to her physical appearance and aesthetic procedures, objectifying the victim's body.
Major broadcast and cable news networks are failing in their coverage of the transgender community, prioritizing sensational depictions of transgender people while ignoring important transgender stories, including the recent murders of seven transgender women of color, according to a new Media Matters report.
Broadcast, cable, and national Spanish-language news networks struggled to appropriately report on stories related to the transgender community -- when they choose to discuss those stories at all. A Media Matters report tracking transgender coverage on CNN, Fox News, MSNBC, ABC, CBS, NBC, Telemundo and Univision in the first two months of 2015 raises concerns over the types of transgender stories being told in news media and the extent to which transgender people are allowed to speak for themselves on national television.
Coverage of transgender stories on national news networks varies greatly. MSNBC and CNN, for example, devoted significant coverage to stories involving the trans community, while Fox News, ABC, and NBC largely avoided substantive discussions of transgender issues:
Of the cable and broadcast Sunday news shows, only MSNBC's Melissa Harris-Perry featured a discussion of trans issues:
When networks did discuss transgender stories, coverage was largely focused on the unusual circumstances of high-profile transgender individuals, rather than the shared experiences of the transgender community. Though CNN spent forty-six minutes discussing transgender issues, for example, over 80% coverage was centered on TV personality Bruce Jenner's transition.
MSNBC's transgender coverage, on the other hand, spotlighted more substantive issues, including the military's ban on transgender service members, Smith College's rejection of a transgender applicant, and shifting representations of trans people in the media:
While a few news hosts, including MSNBC's Melissa Harris Perry and CNN's Don Lemon, used these stories as opportunities to talk about broader issues affecting the transgender community, the norm was overwhelmingly in favor of focusing on the particularities of already sensationalized news events.
This kind of sensationalized focus on trans issues is both misleading and disempowering. In a March 2015 study of transgender representation in the media for the World Professional Association of Transgender Health, Jamie Colette Capuzza wrote:
[T]ransgender people are largely "symbolically annihilated" by the mainstream news industry. Such invisibility makes this population more vulnerable to the power of other types of media images. Consumers may encounter transgender people more often than in the past, but these images lay primarily within entertainment media; even within the news genre, transgender people are featured more often in entertainment, arts, sports, and lifestyle sections. Audiences learn that transgender people are sources of entertainment more than they learn that transgender people face consequential and newsworthy obstacles as a community. [emphasis added]
Cable, broadcast, and Spanish language news networks largely ignored an "epidemic of deadly violence" against the transgender community in the first two months of 2015, despite devoting coverage to various transgender stories. When networks discussed transgender issues, they often failed to include the voices of transgender individuals, especially transgender women of color.
From the April 7 edition of Fox News' The Kelly File:
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From the April 6 edition of Fox News' The O'Reilly Factor:
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Right-wing media have falsely suggested that the civil rights protections in Indiana's "religious freedom" bill force business owners to endorse messages that they share serious ideological disagreements with. But a recently-decided discrimination case in Colorado debunked this argument, differentiating between discrimination on the basis of ideology and discrimination on the basis of membership in a protected class.
On April 2, Indiana Gov. Mike Pence (R) signed an anti-discrimination amendment to his state's controversial Religious Freedom Restoration Act (RFRA) after facing widespread criticism due to the law's potential to authorize anti-LGBT discrimination. To address that danger, the amended law explicitly prohibits individuals and business owners from invoking RFRA to deny services on the basis of sexual orientation or gender identity.
Right-wing media were quick to criticize Pence, arguing that the amendment "gutted" the state's RFRA and claiming that the revision would "force" the devout to violate their religious beliefs by holding them accountable to generally applicable civil rights protections. A number of conservative media outlets like The Wall Street Journal took this argument further, falsely claiming that forcing religious business owners to abide by anti-discrimination laws would also "compel" them to serve customers with "politically unacceptable thoughts":
For that matter, should a Native American printer be legally compelled to make posters with an Indian mascot that he finds offensive, or an environmentalist contractor to work a shift at a coal-fired power plant? Fining or otherwise coercing any small number of private citizens -- who aren't doing anyone real harm but entertain politically unacceptable thoughts -- is thuggish stuff.
But a recent "religious discrimination" case from Colorado illustrates how this hypothetical betrays a fundamental inability to understand that the RFRA debate was over discrimination against gay people, not gay "thoughts."