Bathroom Bills

Tags ››› Bathroom Bills
  • New Reporting Exposes Anti-LGBTQ Hate Group Suing This Pennsylvania School District

    ››› ››› RACHEL PERCELAY

    The Alliance Defending Freedom (ADF) is the anti-LGBTQ hate group leading the national fight against transgender student equality. ADF recently filed a lawsuit against the Boyertown School District in Pennsylvania claiming that the district’s transgender-inclusive nondiscrimination policy “intentionally” violated a student’s “right to bodily privacy.” In reports, op-eds, and columns about the lawsuit, local print outlets in Pennsylvania are accurately labeling ADF as a hate group and exposing the group’s history of anti-LGBTQ extremism -- important context that national outlets often fail to provide when reporting on ADF.

  • How The Hate Group Alliance Defending Freedom Is Infiltrating Public Schools

    Blog ››› ››› RACHEL PERCELAY

    Media Matters first identified the anti-LGBTQ hate group Alliance Defending Freedom (ADF) as the powerful legal group leading the national campaign against transgender student equality in November 2015. Since then, ADF has continued to email school districts, show up at school board meetings, and file lawsuits to oppose basic protections for transgender students -- and candidates who appear to be affiliated with ADF are even running in local school board races.

    In 2015, Media Matters published a piece about ADF’s campaign to influence local school district policies and pass state-level legislation that would ban transgender students from accessing bathroom and locker room facilities consistent with their gender identity. In December 2014, ADF started emailing public school districts across the country to "advise" them of its recommended "Student Physical Privacy" policy. In February 2015, ADF released a model state-level bill to prohibit all public school transgender students from using any facilities that correspond with their gender identity. Later that year, legislators in Nevada, Kentucky, Minnesota, Texas and Wisconsin all proposed versions of ADF's bill. Similarly, North Carolina’s disastrous anti-transgender House Bill 2 (HB 2), which passed in spring 2016, closely mirrors ADF’s model state-level bill regarding student bathroom access.

    In the 2017 legislative session, over 20 anti-transgender “bathroom bills” have been proposed in state legislatures across the nation. While none of these bills have passed yet, ADF continues to use its nearly $50 million annual budget and employ its mammoth network of over 3,000 allied attorneys to try to convince public school districts to adopt discriminatory, anti-transgender policies. The organization also appears to be trying to install friendly candidates on local school boards to further its causes.

    It’s impossible to know the extent of ADF’s anti-transgender activism, especially because many of its 3,000-plus “allied attorneys” never publicly identify themselves as such. Below is a nonexhaustive list of situations in which ADF representatives or affiliated individuals testified at local school events and ran in local school board races, sued school districts with transgender-inclusive policies, and sent letters to schools urging them to institute anti-transgender policies.

    ADF Representatives Testified At Local School Events

    March 20, 2017: ADF legal counsel Douglas Wardlow testified against a transgender-inclusive policy at an Anoka-Hennepin School Board meeting in Minnesota. Prior to his testimony, Wardlow sent a letter to the school board in which he cited discredited anti-LGBTQ junk science researchers Mark Regnerus and Paul McHugh to support his claim that protecting transgender students from discrimination isn’t supported by medical experts (it is). This “research” included a widely denounced report by McHugh attacking transgender people that was published in a journal -- The New Atlantis -- that is not “subject to rigorous peer review” as scientific research usually is. The New Atlantis is published by the Ethics and Public Policy Center, which is dedicated to “applying the Judeo-Christian moral tradition to critical issues of public policy.”

    September 7, 2016: ADF legal counsel Caleb Dalton testified at a public hearing in Prince William County, VA, on a proposed LGBTQ-inclusive nondiscrimination policy for the district. As reported by the Washington Blade, Dalton told the school board that the district could face legal liability if it approved the proposal.     

    May 12, 2016: Ken Fletcher, ADF’s senior director of strategic relations, testified at a Board of Education meeting in Fannin County, GA, regarding rumors that the county was going to institute a transgender-inclusive restroom policy (those rumors were false). In his testimony, Fletcher cited the anti-LGBTQ hate group the American College of Pediatricians (a deceptively named extremist group with an estimated 200 to 500 members whose name is meant to be confused with the 60,000-member American Academy of Pediatrics) to claim that schools should lead transgender girls away from being transgender and “cure” their so-called “gender confusion” so that they do not “lead a life of heartbreak.”

    May 9, 2016: ADF senior counsel Matt Sharp advised the Horry County Board of Education in South Carolina during a specially called board meeting to give the school board “legal advice” regarding Title IX. After speaking with Sharp and two other lawyers employed by the district, the board agreed not to change its existing policy of allowing transgender students to use facilities that align with their gender identity.

    ADF Sued School Districts For Implementing Transgender-Inclusive Policies

    March 2017: ADF sued the school district of Boyertown, PA, for allegedly violating the “privacy” of a cisgender boy because the school had a trans-inclusive locker room policy.

    September 2016: ADF sued the U.S. Department of Education (DOE) and the Virginia Public School District in Minnesota on behalf of a group of 10 parents calling themselves “Privacy Matters,” who said that their children’s privacy was violated by a transgender student “twerking” in the locker room.

    June 2016: ADF sued the DOE on behalf of the Highland Local School District in Ohio because it said it was set to lose federal funding if it didn’t let a transgender girl use the girl’s restroom.

    May 2016: ADF sued the DOE and the U.S. Department of Justice (DOJ) on behalf of a group called “North Carolinians for Privacy” in response to the DOJ’s lawsuit regarding North Carolina’s anti-LGBTQ HB 2 law.

    May 2016: ADF sued the Palatine, IL, Township High School District 211 and the DOE on behalf of an anonymous group called “Students and Parents for Privacy,” saying a transgender-inclusive policy created an "intimidating and hostile" environment for students who share the locker room with the transgender student.

    ADF Affiliates Running For School Boards

    March 2017: In Palatine, IL, an ADF-affiliated group called “D211 Parents for Privacy” is advocating for ADF’s model policy and has endorsed three candidates for the board of education in that district. It’s also targeting current school board members who voted in favor of the transgender-inclusive policy.

    September 2016: ADF-affiliated attorney Derrick Good was tapped as an “emergency replacement” for a school board in Jefferson County, MO, after a controversy arose in 2015 when a Hillsboro High School student asked to use locker rooms and bathrooms that corresponded to her gender identity. Good, who said that people make "decisions" about being transgender, helped the district install an anti-transgender policy that prohibits transgender youth from using restrooms and locker rooms that align with their gender identity.

    ADF Sent Letters To Local Schools

    January 2017: ADF sent a letter to the school district of Egg Harbor Township, NJ, saying that it was ready to “litigate if necessary” regarding a proposed transgender-inclusive policy.

    May 2016: ADF convinced Grayson County, VA, to institute its “Student Physical Privacy Policy.” The superintendent told ThinkProgress that ADF claimed that “if we adopt their policy and it is contested,” ADF would come to the school district’s defense for free. During the debate over the policy, Virginia State Sen. Bill Carrico, who reported a $5,000 gift from ADF in 2014 for a trip with his wife to a conference in Naples, FL, also assured the district that ADF would defend the policy “all the way up to the Supreme Court, if necessary.” Prior to the debate, Carrico said that he had spoken with “legal organizations about the possibility of bringing suit against the Obama administration” regarding its guidance on transgender students. 

    May 3, 2016: ADF sent a letter to the Berkeley County School Board in South Carolina arguing that a transgender-inclusive restroom policy would “endanger students’ privacy and safety, undermine parental authority, violate religious students’ free exercise rights and severely impair an environment conducive to learning.”

    May 2, 2016: ADF sent a letter to the school board in Candia, NH, urging it to adopt ADF’s model anti-transgender policy. At a school board meeting on May 5, 2016, multiple speakers urged the board to adopt ADF’s model policy. But the meeting ended with the school district instituting a transgender-inclusive policy.

    April 28, 2016: ADF sent a letter to the Durham, NC, school board of directors and superintendent saying the school district had no obligation to protect transgender students and could be held legally liable for instituting a transgender-inclusive policy. ADF later sued the district after it instituted a transgender-inclusive policy.

    March 2016: ADF sent a letter to the Westwood Regional High School District in northern New Jersey opposing its transgender-inclusive policy. The policy passed with “little opposition” from school board members or the general public.

    February 29, 2016: In an article about a proposed bathroom bill in South Dakota that was drafted using ADF’s language, The Washington Post reported that ADF had sent its model school policy to “thousands” of school districts nationwide, which it described as an effort to protect the “bodily privacy” of children.

    January 2016: ADF sent letters to “every Tennessee school district” saying that districts could be at risk of “legal liability” for instituting transgender-inclusive policies.

    ADF Otherwise Influenced Schools To Pass Its Model Policy

    December 18, 2015: Political Research Associates reported that ADF’s model policy is also being disseminated through a project of the anti-LGBTQ group Focus on the Family (FOTF). The project website provides a “Tell a School” tool that allows visitors to share ADF’s Student Physical Privacy Policy with their local school boards, allowing ADF’s model policy to be sent through FOTF’s website without the sender even reading it.

    December 2, 2015: At least seven different people who have children in Township High School District 211 in Palatine, IL, cited ADF’s privacy policy while testifying in a special school board meeting after the board instituted a transgender-inclusive policy.

    Graphic by Sarah Wasko.

  • A Fox News Radio Anchor Is Headlining A Hate Group's Anti-LGBTQ Briefing

    ››› ››› RACHEL PERCELAY

    Fox News radio host Todd Starnes is headlining a special “pastors’ briefing” at the Texas Capitol on March 6 and 7 whose sponsors include the anti-LGBTQ hate group the Family Research Council (FRC). Other speakers at the event include FRC’s president and vice president of church ministries and Texas Lt. Gov. Dan Patrick. Gov. Greg Abbott and Attorney General Ken Paxton are also listed as unconfirmed speakers at the event, whose attendees will also go to a March 7 public hearing on the anti-transgender Senate Bill 6 (SB 6).

  • 10 Facts About The Nation's Largest Anti-LGBTQ Hate Group

    Blog ››› ››› RACHEL PERCELAY

    The Southern Poverty Law Center (SPLC) has added the Alliance Defending Freedom (ADF) to its list of active anti-LGBTQ hate groups. Here are 10 terrifying facts about ADF everyone needs to know:

    1. SPLC Labeled ADF A Hate Group Because Of Its Extreme, Demonizing Lies About LGBT People. SPLC added ADF to its list of anti-LGBTQ hate groups because ADF’s leaders and affiliated lawyers have “regularly demonized LGBT people, falsely linking them to pedophilia, calling them ‘evil’ and a threat to children and society, and blaming them for the ‘persecution of devout Christians.’” As SPLC has repeatedly clarified, it does not list organizations as anti-LGBTQ hate groups on the basis of “opposition to same-sex marriage or the belief that the Bible describes homosexual activity as sinful.” [Southern Poverty Law Center, 2/15/17, 2/15/17]

    2. ADF Boasts A $48 Million-Plus Annual Budget And Over 3,000 “Allied Attorneys.” In 2015, ADF had a $48 million-plus annual budget. In addition to its staff of over 30 staff lawyers, the group marshals what it calls a “powerful global network” of over 3,100 ADF-trained “allied attorneys,” many of whom are expected to provide at least 450 hours of pro bono services within three years of attending one of ADF’s training programs. ADF’s elite “Blackstone Fellows” have worked or interned in at least nine state governments. [Media Matters, 1/25/17; Alliance Defending Freedom, accessed 2/15/172/15/172/15/17; Rewire, 5/13/14]

    3. ADF Defended The Constitutionality Of Criminalizing Gay Sex In The U.S. ADF has formally supported anti-sodomy laws since 2003, when it filed an amicus brief in Lawrence v. Texas to defend state sodomy laws on the grounds that gay sex is unhealthy, harmful, and a public health risk, writing that “same-sex sodomy is a distinct public health problem. It clearly is.” [Media Matters, 11/19/14, 1/25/17]

    4. ADF Has Expanded Its Anti-Choice, Anti-LGBTQ Extemism Internationally. While ADF has largely run out of options for promoting the criminalization of homosexuality in America, the group has taken its anti-sodomy agenda overseas. ADF has actively worked to promote and defend anti-sodomy laws that criminalize gay sex in Jamaica, Belize and India. In 2010, the United Nations granted special consultant status to ADF, allowing the group to help shape international human rights policy and treaties. More recently, the group has become involved in the Organization of American States, where ADF’s mission has been battling “abortion and radical sexual agendas.” [Southern Poverty Law Center, 2/15/17; Media Matters, 11/19/14]

    5. ADF Is Behind The National Push For Anti-LGBT “Religious Freedom” Laws. Since 2013, ADF has led the national push for so-called “religious freedom” laws (RFRAs) that seek to enshrine a legal right to discriminate against LGBTQ people. ADF was behind Arizona’s failed 2014 RFRA, Indiana’s controversial 2015 RFRA, and similar bills that were eventually killed in Colorado, Georgia, and Arkansas. [Media Matters, 4/16/15]

    6. ADF Is Leading The National Campaign For “Bathroom Bills” Targeting Transgender Youth. In 2014, ADF launched a national campaign to eliminate nondiscrimination protections for transgender students and instead enshrine its own legislation that would prevent transgender students from accessing facilities consistent with their gender identity. ADF has influenced discriminatory state and local school district policies across the country with so-called “bathroom bills,” like North Carolina’s infamous HB 2, that borrow language from ADF’s model legislation. [Media Matters, 11/5/15, 3/31/16]

    7. An ADF Attorney Once Called Matthew Shepard’s Murder A Hate Crime Hoax. During the Ethics & Religious Liberty Commission’s annual national conference in 2014, ADF attorney Erik Stanley peddled the myth that Matthew Shepard's brutal anti-gay murder was fabricated in order to advance the "homosexual agenda." [Media Matters, 10/28/14

    8. ADF Believes In A “Homosexual Agenda” Dedicated To Destroying Christianity. ADF founder Alan Sears literally wrote the book on the alleged “homosexual agenda” -- his 2003 book The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today compared the gay "propaganda" movement to what "Hitler did so masterfully in Nazi Germany, to get the American public on their side." As SPLC noted, ADF “has also promoted the idea of a ‘homosexual agenda’ -- a nefarious scheme to destroy Christianity and, eventually, civilization.” [Media Matters, 4/16/15; Southern Poverty Law Center, 2/15/17]  

    9. ADF Has Long Opposed Anti-Bullying Efforts In Schools And Even Launched The “Day Of Truth” To Combat The “Day Of Silence.” ADF has long opposed anti-bullying efforts in public schools that include LGBTQ students; the group even made an “yardstick” that decried any anti-bullying policy that includes “sexual orientation” or “gender identity.” In 2005, ADF launched a “Day of Truth” campaign to combat the “promotion of the homosexual agenda” in schools to counter the ongoing “Day of Silence” organized by LGBTQ advocates, in which students remain silent as a protest and to help spread awareness about the effects of anti-LGBT bullying. [Southern Poverty Law Center, 2/15/17]

    10. ADF Wields Significant Power In The U.S. Legal System. ADF utilizes an aggressive legal strategy and, according to a review of its press releases, has served as lead counsel in 57 court cases filed since January 2016. A review of successful petitions of the United States Supreme Court revealed that ADF is not only highly active, but also highly successful in getting its cases heard. From 2001 through 2015, ADF’s Supreme Court involvement ranked among the nation’s leading law firms, vastly surpassing almost all other legal advocacy groups. Many ADF alumni move on to serve in high-power roles in the government. Most notably, Austin Nimocks, former ADF senior counsel, now works for Texas Attorney General Ken Paxton, whose office is responsible for the multistate lawsuits challenging federal nondiscrimination protections for LGBTQ people in health care and protections for transgender students. [Alliance Defending Freedom, accessed 2/15/17; University of Southern California Law School, “Finding Certainty in Cert: An Empirical Analysis of the Factors Involved in Supreme Court Certiorari Decisions From 2001-2015,” 1/14/16; Media Matters, 8/26/16]

    Graphic by Sarah Wasko.

  • Meet The Anti-LGBTQ Extremists Leading The Assault On Equality In Texas

    Blog ››› ››› RACHEL PERCELAY

    When Texas’ 85th legislative session officially kicks off on January 10, anti-LGBTQ extremists in the state will be well into their campaigns to pass a slew of laws attacking LGBTQ equality.

    Lawmakers in the state have already prefiled an avalanche of anti-LGBTQ laws. On the first day of the prefiling session, in November, a Republican filed a North Carolina-style bill to undermine local nondiscrimination protections for LGBTQ people. Another prefiled bill would require public school teachers and counselors to out LGBTQ students to parents. And on January 5, Lt. Gov. Dan Patrick (R) announced the filing of another North Carolina-style “bathroom bill.”

    A number of anti-LGBTQ extremists with high-level government connections are behind these and other regressive bills that will arise over the 140-day state legislative session. They include:

    Jonathan Saenz, president of Austin-based Texas Values:

    • said gay sex is a “dangerous and risky sexual activity that can fiercely jeopardize a person's well-being”;
    • advocates for discredited and harmful “ex-gay” conversion therapy; and
    • agreed that gay activists are trying to put Christians in “concentration camp[s].”

    Jonathan Saenz is the president of Texas Values, the lobbying arm of the Plano-based Liberty Institute, an organization notorious for peddling malicious misinformation to stoke fears about threats to religious liberty, including warning about a “reverse Don’t Ask, Don’t Tell” policy for Christians in the military. Saenz gained some notoriety in 2014 after it was revealed that he founded Texas Values after his wife left him for another woman in 2011.

    Saenz has high-level allies in the Texas government, including Gov. Greg Abbott’s outreach director, Ben Taylor, who called Saenz a “good friend.” A year and a half ago, Taylor emailed Saenz a copy of the governor’s statement regarding the 2015 Texas Supreme Court decision allowing a same-sex divorce, to which Saenz responded, “Maybe we need a special session to make same sex divorce illegal.”

    Saenz took credit for both drafting and pushing through Texas’ “Pastor Protection Act,” which became law in 2015; it allows clergy to refuse to perform marriages that violate their religious beliefs. Previously, he was a vocal supporter of keeping Texas’ unconstitutional, defunct anti-sodomy law on the books and a proponents of denying benefits to same-sex spouses of government employees, even if the benefits were offered to opposite-sex spouses.

    In addition to pushing anti-LGBTQ extremism, Saenz has lambasted evolution as a "left-wing ideology" that "any respectable scientist" should see through. He's also a strong proponent of having Bible classes in public schools, accusing opponents of such classes of being "enemies of religious freedom."

    Dave Welch, executive director of the Texas Pastor Council:

    • called former Houston Mayor Annise Parker a “sodomite”; and
    • compared repealing “Don’t Ask, Don’t Tell” to letting loose a “poisonous cloud of chemical weapons” that would “release GLBTQIA activists onto our soldiers like hound dogs of hell.”

    In 2003, extremist Texas pastor Dave Welch founded the Houston Area Pastor Council (HAPC), which is described as an "affiliate" of the national U.S. Pastor Council (USPC) and Texas Pastor Council (TXPC), though it's unclear if the organizations are actually distinguishable. As HAPC/USPC/TXPC’s spokesperson, Welch routinely espouses hateful anti-LGBTQ rhetoric, including reffering to gay people as a "morally depraved special interest group" and people who support LGBT rights as part of the "forces of spiritual darkness."

    In 2009, Welch joined an anti-gay smear campaign against Annise Parker, then Houston’s city controller, warning voters of a “gay takeover” of city hall. After Parker was elected mayor, Welch declared that her election, along with President Obama’s, were signs of America's "cancer of the soul." In a 2010 newsletter, Welch attacked Parker for supporting the city's pride parade, calling her a "sodomite" and a leader of “amoral depravity.”

    Despite his extremism, Welch’s group frequently hosts high-level politicians and policymakers in Texas. In October, Lt. Gov. Patrick held a special conference call with members of TXPC to discuss faith-based improvements to the state’s foster care system. Texas Monthly investigated Attorney General Ken Paxton’s first two years in office and found that Welch successfully lobbied Paxton’s office to file an amicus brief in defense of a bishop accused of violating campaign finance laws. Before Welch got involved, Abbott, who was attorney general at the time, declined to file an amicus brief in defense of the bishop, whose ministry is recognized as an anti-LGBTQ hate group by the Southern Poverty Law Center (SPLC).

    Steven Hotze, president/CEO of the Conservative Republicans of Texas:

    • warned that LGBTQ equality is part of a communist plot to take down America;
    • brandished a sword on stage while vowing to “fight the homosexuals”; and
    • made unsubstantiated medical claims that birth control makes women “less attractive” and that men who lose their testicles “have difficulty reading a map.”

    Dr. Steven Hotze is the CEO and founder of the Conservative Republicans of Texas, a group that SPLC has designated an anti-LGBTQ hate group for spreading malicious lies about LGBTQ people. Hotze has been an anti-gay activist in Texas since the 1980s. After the U.S. Supreme Court made its 2015 marriage equality decision, Hotze urged Paxton to fight the “illegitimate SCOTUS ruling,” saying that the justices “hate God and want to let the Sodomites queer our country.” Hotze later kicked off his own multicity tour of Texas in protest of the marriage equality ruling by brandishing a sword to an audience while vowing to “fight the homosexuals” and the “satanic cults” that drive them.

    While speaking at an anti-LGBTQ extremist conference this year, Hotze compared LGBTQ people to termites and warned that LGBTQ equality is part of a long-term communist plot to take down America. Hotze, who has a medical degree, also dabbles in questionable medical practices -- a 2005 investigation into his “alternative” practices found that his literature made unsubstantiated claims that birth control makes women “less attractive” and that men who lose their testicles “have difficulty reading a map, performing math problems and making decisions.”

    Despite his extremism and dubious medical practices, Hotze has long been an influential figure in the Texas conservative movement, with Republican candidates seeking his endorsement. Hotze was also touted as a hero on Fox News in 2014 for filing a lawsuit against the Affordable Care Act. Hotze also released a series of auto-tuned songs with titles like “God Fearing Texans Stop Obamacare,” one of which included the refrain “We will defeat Obama and the socialists.”

    Jared Woodfill, recently appointed president of the Conservative Republicans of Texas:

    • called the word “transgender” a “euphemism, a weaker alternative, for the term pervert”; and
    • says being LGBTQ is a “wicked lifestyle.”

    A board member of Texas Values Action and previous Harris County GOP chairman, Jared Woodfill currently serves as president of Hotze’s Conservative Republicans of Texas. Along with Hotze, Woodfill previously helped lead the campaign against the Houston Equal Rights Ordinance (HERO). Woodfill successfully defeated the comprehensive nondiscrimination ordinance by fearmongering and peddling the debunked “bathroom predator” myth.

    This past summer, Woodfill and the Conservative Republicans of Texas launched a campaign to boycott Target for its transgender-inclusive restroom policy. The “Campaign for USA” website smears the word “transgender” as a “euphemism, a weaker alternative, for the term pervert.” It also accuses the “LGBT homosexual political movement” of wanting to make it “mandated that this wicked lifestyle be taught to children in school” so that children can be “recruited into the homosexual lifestyle.”

    Conservative Republicans of Texas has infused $1.6 million into Texas elections over the last five years. While he doesn’t have the same high-level government connections as Welch and Saenz do, Woodfill is frequently featured as a guest commentator on Houston’s Fox 26, the TV station that helped fuel the repeal of HERO with its unique and aggressive peddling of the "bathroom predator" myth.

  • “It’s Time For Us To Be Afraid Again”: Charlotte Observer Investigates Anti-LGBT Discrimination In North Carolina After HB 2

    Blog ››› ››› RACHEL PERCELAY

    A Charlotte Observer special report investigated the extent of anti-LGBT discrimination in North Carolina in the wake of the state’s discriminatory House Bill 2 (HB 2), finding that LGBT people have “for years been subjected to bullying, harassment, discrimination and sometimes violence” and that HB 2 “heightens fear in North Carolina.” The piece included interviews with scholars and advocates who say the law, which was passed in March, “has given people permission to hate.”

    As the controversy over North Carolina’s HB 2 continues, North Carolina Gov. Pat McCrory has defended the law -- which, among other things, prohibits localities from enacting nondiscrimination provisions on the basis of sexual orientation and gender identity -- by saying that he isn’t aware of any examples of anti-LGBT discrimination in North Carolina.

    But the major special report from The Charlotte Observer found 59 people in 50 counties who had been subject to verbal slurs, threats, and even physical assaults because of their sexual orientation or gender identity. The paper included reports on each person, an interactive map and videos -- which demonstrate that while McCrory and HB 2 proponents say the law “protects public safety,” the LGBT victims of bullying, harassment, discrimination, and violence “say otherwise.”

    In addition to noting years of discrimination against LGBT people, the Observer reported that since the passage of HB 2, “transgender residents said they feel as if they’re being watched.” The paper also spoke with two women -- neither of whom is transgender -- who also reported “being harassed at a restroom” due to their gender expression. The Observer also pointed out that 14 years of FBI crime statistics show that LGBT people were “targeted at higher rates than any other minority group in the country.”  

    From the October 12 Charlotte Observer special report

    Public records and interviews across the state suggest that targeting of LGBTQ residents is so commonplace that many take it for granted as a sad – and sometimes dangerous – fact of their lives.

    [...]

    Gregory Herek, a psychology professor at the University of California-Davis who is an expert on anti-gay violence, said HB2 sends a broad symbolic message: “It’s conveying to people in the state who are LGBT that they are not full citizens.”

    The new law, scholars and advocates believe, has given people permission to hate.

    Three weeks after HB2 was adopted, someone responded to a sign critical of the governor by leaving a note on an Asheville woman’s car: “Burn in Hell, nasty faggot! I ♥ HB2!' "

    The next day in Charlotte, instead of tipping a waitress who is lesbian, a group of female customers at Zada Jane’s in Plaza Midwood left a Bible verse, Leviticus 20:13, which holds that sex between two men is “an abomination” punishable by death.

    [...]

    Said Josh Burford, assistant director for sexual and gender diversity at UNC Charlotte: “It’s time for us to be afraid again.”

  • AP Relies On Discredited Anti-LGBT Junk Science To Attack Transgender People

    Blog ››› ››› ERIN FITZGERALD

    The Associated Press published quotes from discredited doctor Paul McHugh attacking the legitimacy of transgender identities and transgender people’s right to health care without providing any context on his reputation or history of peddling anti-LGBT junk science. Faculty members at the Johns Hopkins Bloomberg School of Public Health recently disassociated themselves from McHugh -- condemning him for “mischaracterizing” scientific evidence to “further stigmatize and harm” LGBT people -- and have urged the university to do the same.

    In Pennsylvania, three transgender students are suing their school district for prohibiting them from using the appropriate restroom for their gender identity, according to The Associated Press. The October 6 article featured a quote from a 2014 essay written by Johns Hopkins professor Paul McHugh in which he argued that transgender identities are “confusions” that should not be affirmed. McHugh’s depiction of transgender people as mentally ill and in need of “prevention” treatments contradicts expert medical consensus agreed on by national organizations, including the American Psychological Association, the American Medical Association, and the American Academy of Pediatrics.

    McHugh has a long history of peddling anti-LGBT pseudoscience and ignoring established evidence-based best practices for providing physical and mental health care for LGBT people. Most recently, McHugh published a report that smeared LGBT people with faulty attacks based on questionable analysis of existing research. McHugh’s colleagues at the Johns Hopkins Bloomberg School of Public Health found the report and methodology so “troubling” that they published an op-ed in The Baltimore Sun condemning the report for “mischaracterizing” scientific evidence in a way that will “further stigmatize and harm the health of LGBTQ communities.” In addition, nearly 700 members of the Johns Hopkins community -- including more than 30 faculty members, 264 Hopkins alumni, and more than 100 staff, medical interns, medical residents and fellows -- have formally called for Hopkins to distance itself from McHugh’s latest “misguided, misinformed attack on LGBT communities.”

    But the Associated Press article introduced McHugh as an “expert” even though he has been widely discredited, and it made no mention of his history of peddling anti-LGBT junk science, nor the controversy surrounding his recent report.

    From the October 6 AP article:

    Three transgender seniors at a Pennsylvania high school, including the oldest sibling of teen singing star Jackie Evancho, have sued their school district for making them use restrooms corresponding to their biological sex.

    [...]

    The lawsuit contends they were "designated" male or female on their birth certificates and are being discriminated against by the new policy, which their federal lawsuit seeks to reverse. They're also seeking unspecified monetary damages, other policies to avoid transgender discrimination and training for administrators.

    "The reality is Juliet is a girl, Elissa is a girl and A.S. is a boy," Gonzalez-Pagan said, noting that the University of Pittsburgh Medical Center has weighed in on the need to allow people to pursue their true gender identity.

    Some experts disagree, notably Paul McHugh, the former psychiatrist in chief at Johns Hopkins Hospital, which pioneered sexual reassignment surgery but later discontinued the practice as harmful.

    "(P)olicy makers and the media are doing no favors either to the public or the transgendered by treating their confusions as a right in need of defending rather than as a mental disorder that deserves understanding, treatment and prevention," McHugh originally wrote in a 2014 editorial essay that's been reprinted in several publications.

  • NY Times Editorial Board Calls For Repeal Of North Carolina’s Discriminatory HB 2

    Editorial Board: HB 2 Is “Based On The Specious Notion That Transgender People Are Sexual Predators”

    Blog ››› ››› RACHEL PERCELAY

    The New York Times' editorial board slammed North Carolina Gov. Pat McCrory for his “desperate” offer to repeal the state’s anti-LGBT House Bill 2 (HB 2) on the condition that Charlotte, NC, drop its LGBT-inclusive nondiscrimination ordinance. The board called for McCrory to “come to his senses” and “admit ignorance and error and repeal the law.”

    In the immediate aftermath of the NCAA and ACC pulling events out of North Carolina because of HB 2, McCrory proposed a widely condemned “compromise” to repeal the discriminatory law. McCrory called for the Charlotte City Council to first drop the city’s LGBT-inclusive nondiscrimination ordinance. If Charlotte were to comply, he indicated, the General Assembly might call a special session to repeal HB 2 -- which, among other measures, requires transgender people to use the bathroom of the gender listed on their birth certificate.

    On September 21, the New York Times editorial board lambasted McCrory for having “some nerve” in his “desperate” move to propose a compromise on HB 2. The Times called out the “specious notion that transgender people are sexual predators” and debunked the talking point that’s been used by McCrory and the North Carolina GOP to justify HB 2. The board noted that HB 2 was never even enforceable, as police can’t “reasonably be required to inspect people’s genitals” outside of all public restrooms, highlighting that the “point of the law was to harm and humiliate L.G.B.T. citizens.” The board called for McCrory to repeal the harmful law, writing that it’s “not too late for Mr. McCrory to come to his senses” and admit his “ignorance and error.”

    From the September 21 edition of the New York Times:

    Gov. Pat McCrory of North Carolina has some nerve. Alarmed by the rising financial fallout from the discriminatory law he and Republican lawmakers hastily passed in March to bar transgender people from using restrooms that match their gender identity, the governor seemed desperate for an off-ramp last week.

    [...]

    It was a desperate move by Mr. McCrory, who appears likely to lose his re-election bid in November, in large part for championing a measure based on the specious notion that transgender people are sexual predators.

    Mayor Jennifer Roberts of Charlotte sensibly refused. Although she was under pressure from some in the business community, including the North Carolina Restaurant & Lodging Association and the Charlotte Chamber of Commerce, it would have been wrong to cave in to Mr. McCrory’s demand.

    [...]

    It’s not too late for Mr. McCrory to come to his senses and take the only way out — admit ignorance and error and repeal the law. While he and lawmakers are at it, they can acknowledge that no one has been made safer by preventing transgender people from using appropriate public restrooms, the ostensible reason for passing the law. The rule was never enforceable, since police officers can’t reasonably be required to inspect people’s genitals outside bathroom stalls. The point of the law was to harm and humiliate L.G.B.T. citizens, and for that all North Carolinians are having to pay an ever growing price.

  • Charlotte Observer: So-Called HB 2 "Compromise" Is A "Bad Deal" For City And LGBT People

    Blog ››› ››› RACHEL PERCELAY

    The Charlotte Observer editorial board blasted the so-called “compromise” proposed by North Carolina Republicans, which would repeal the state’s discriminatory House Bill 2 (HB 2) in return for the city of Charlotte dropping its LGBT-inclusive nondiscrimination ordinance. The board slammed the supposed “reset” as a “dismissive” and “condescending” proposal that is a “bad deal” for both the city of Charlotte and LGBT people.

    On September 16, the North Carolina Restaurant & Lodging Association (NCRLA) issued a statement indicating that North Carolina Gov. Pat McCrory had assured NCRLA that if the Charlotte City Council were to repeal the city’s nondiscrimination ordinance, the general assembly would call a special session to repeal HB 2 -- which, among other measures, requires transgender people to use the bathroom of the gender listed on their birth certificate. McCrory’s proposal comes in the wake of the NBA, NCAA, and ACC pulling championship games out of the state in response to the anti-LGBT bathroom bill. Experts have estimated that the economic cost from the loss of sports-related business alone could range from $100 million to $200 million.

    On September 18, the Charlotte Observer editorial board slammed McCrory’s proposed “compromise” as a “bad deal for the city, and more importantly, for members of the LGBT community.” The board criticized the “dismissive tone” Republicans took, noting that they overlooked the “at least 200 U.S. cities and counties” that preceded Charlotte in adopting similar ordinances. They also called out the “false notion” that HB 2 “provides for safer bathrooms.” Asking if the possibility of getting back the NCAA and ACC tournaments would be worth “selling out the LGBT community,” the board wrote, “We believe the answer is no.”

    From the September 18 edition of the Charlotte Observer

    Gov. Pat McCrory and some N.C. lawmakers are encouraging the Charlotte City Council to make a compromise that might result in the repeal of HB2. It’s a bad deal for the city, and more importantly, for members of the LGBT community who would lose their best chance at protections from discrimination. Council members should not turn their backs on those residents now.

    [...]

    As with a similar compromise offer back in May, council members are being asked to trust the legislature to follow through on its end of the deal. Here’s a hint about how that might go: In a condescending statement Saturday, House Speaker Tim Moore said that if Charlotte “fully and unconditionally” repealed its ordinance, “then I believe we have something to discuss.”

    It’s a dismissive tone that overlooks an important bit of history:

    In passing its non-discrimination ordinance in February, Charlotte followed the lead of at least 200 U.S. cities and counties. Charlotte’s ordinance, which included a provision addressing gender identity and bathrooms in public accommodations, was not groundbreaking. It’s what progressive cities do to protect their residents.

    [...]

    What would Charlotte get from the “reset”? It might get the ACC Football Championship game back, for starters. The NBA also might bring its All-Star weekend back to the city in 2019 if HB2 were out of the way. Both possibilities, however, are far from certain.

    But Charlotte also would be left without an ordinance that council members believed was important for the safety and dignity of the LGBT community. That ordinance was more than symbolic. It was designed to protect residents from very real discrimination.

    Let’s be clear: House and Senate leaders have given zero indication they want Charlotte to have those LGBT protections, now or at any point. It’s worth noting that in his Saturday statement, House Speaker Moore again celebrated the false notion that HB2 provides for safer bathrooms and showers.

    [...]

    Yes, a “reset” has an appealing ring to it. But it would be a step backward, both symbolically and practically. Would Charlotte be any closer to the protections it wants to offer? No. Would it get a football and basketball event back? Maybe.

    Are those events worth selling out the LGBT community?

    We believe the answer is no.

  • After NCAA, ACC Pull-Out Of North Carolina, Editorials Slam Gov. McCrory For Continued Support Of HB 2

    ››› ››› LUKE BATEMAN

    North Carolina editorial boards are slamming Republican Gov. Pat McCrory’s decision to stand by his state’s discriminatory House Bill 2 (HB 2) following the NCAA and ACC’s recent plan to remove championship games from North Carolina. Newspaper editorial boards are highlighting the “casualty count” caused by backlash the “hateful” and “disastrous” law has caused and saying it needs to be repealed. 

  • Media React To "Insane," "Atrocious," "Absolutely Off-The-Rails" Statement From North Carolina GOP

    Party Was Responding To NCAA’s Decision To Move Games Out Of North Carolina

    ››› ››› RACHEL PERCELAY

    A spokesperson for the North Carolina Republican Party responded to the NCAA’s decision to move this year’s championship tournament games out of the state because of HB 2 with a statement that media figures and outlets are calling “insane” and “absolutely off-the-rails.” Multiple reporters even fact-checked the statement to ensure its authenticity and confirm that it didn’t come from “a parody account.” 

  • The Do's And Don’ts On Reporting On Anti-Bullying And Nondiscrimination Protections For LGBT Students

    Blog ››› ››› RACHEL PERCELAY

    Thanks to several recent legal rulings about protections for transgender students, nondiscrimination and anti-bullying measures for LGBT students are more visible than ever. As kids head back to school, journalists have the opportunity to break from the sensationalist, fearmongering coverage that often accompanies these stories and instead follow journalistic best practices in reporting on LGBT student equality.

    In the past few weeks, there have been two high-profile legal rulings directly affecting transgender students. On August 22, a federal judge in Texas temporarily blocked the Obama administration’s recent guidance directing all public schools to provide transgender students with access to sex-segregated facilities that are consistent with a student’s gender identity. On August 3, the Supreme Court granted an emergency appeal from a Virginia school board to prevent a transgender boy from using the boys bathroom at his high school. The two August decisions come on the heels of this spring’s high-profile national debate over transgender equality, which centered largely around access to restrooms and other public accommodations.

    As both of these cases continue to make their way through the legal system, the discussion about LGBT student equality isn’t going away. In the past, journalists have often stumbled when reporting on measures geared toward making schools more accepting for LGBT students, particularly transgender students. Right-wing media have a long history of sensationalizing and fearmongering over basic anti-bullying measures and nondiscrimination protections for LGBT students. As students head back to school, here are a few reminders for media outlets that want to avoid making some of the most common mistakes when covering stories about LGBT students:

    DO Accurately Identify Anti-LGBT Commentators

    Mainstream media outlets often fail to give their audiences relevant information about guests they ask to comment on LGBT equality, particularly when the topic is transgender equality. If a guest represents an organization that has been designated as an anti-LGBT hate group for its history of spreading known falsehoods about LGBT people, then properly identifying the person as such is essential to providing audiences the context they need to assess that guest's point of view. Journalists should be especially wary of hate groups, like the American College of Pediatricians, that use legitimate-sounding names to peddle harmful, debunked lies.

    Outlets should also be careful of using hate groups as reliable sources for stories about LGBT students. Fox has twice been caught uncritically repeating made-up stories meant to oppose LGBT student equality, peddled to the network by one of California’s most notorious anti-LGBT hate groups.

    DON’T Fearmonger Over Access To Bathrooms And Locker Rooms

    Conservative media have a long history of fearmongering over nondiscrimination protections for transgender kids. In 2014, when California passed a new law allowing transgender public school students to use the restroom facilities that correspond to their gender identity, right-wing media figures issued apoplectic predictions of bathroom harassment and inappropriate behavior, warning that students would pretend to be transgender in order to sneak into opposite-sex bathrooms.

    While mainstream media might not offer the same doomsday type predictions, outlets often uncritically repeat the right-wing myth that nondiscrimination protections will cause students to pretend to be transgender to sneak into bathrooms and locker rooms.

    DO Rely On Empirical Data

    When discussing the potential impact of providing nondiscrimination protections for LGBT students, journalists should cite empirical data from schools that have protected LGBT students for years.

    Nationwide, school administrators from 23 school districts and four universities across the country, serving an estimated 1.5 million students, have reported that they allowed transgender students to use school facilities that correspond with their gender identity without incident.

    Additionally, reporters should be sure to provide meaningful context about anti-bullying initiatives for LGBT students by highlighting the high rates of violence and discrimination against LGBT kids. Recently, the first nationally representative study asking high school students about their sexuality confirmed what smaller studies have suggested for years -- that LGB teens are at far greater risk for depression, bullying and many types of violence than their straight peers, with nearly 40 percent having seriously considered suicide. Similar studies of transgender students have found that nearly 80 percent of transgender or gender-nonconforming kids have experienced harassment in schools, with over 30 percent experiencing harassment by teachers or staff. 

    Journalists should also point out that efforts by school staff to create welcoming and accommodating environments for transgender youth can dramatically improve the conditions experienced by these students. Given the empirical evidence available, it’s no surprise that national organizations like the National Education Association, National Parent Teacher Association, and the American Federation of Teachers all support nondiscrimination protections for LGBT students.

    DON’T Sensationalize Training Materials Out Of Context

    Conservative outlets like Fox News have a long history of seizing on small details of LGBT-inclusion trainings -- like a suggestion to use the classroom nickname “purple penguins” instead of gendered terms -- to gin up controversy and trivialize the importance of diversity trainings. Recently, both conservative and local media reported on a cartoon “gender unicorn” illustration being used in a diversity training in North Carolina’s Charlotte-Mecklenburg Schools, which a local parent called “friendly looking and deceitful” because the unicorn “represents the religion of sex.” 

    This type of sensationalist reporting can have a chilling effect on schools considering adopting similar inclusion measures. Joel Baum, director of education at Gender Spectrum, has criticized the sensational media coverage surrounding the organization’s gender-inclusive trainings for creating “a tremendous amount of work for school leaders who are overburdened and do not have time, quite honestly, to be responding to misinformation about what's happening in their schools."

    DO Be Familiar With And Follow Journalistic Best Practices When Reporting On Transgender People

    With much of the media attention surrounding LGBT student equality focused on transgender youth, reporters should be sure to educate themselves on journalistic best practices in reporting on transgender people. GLAAD’s media reference guide has clear guidelines for reporters covering the transgender community, key points of which are:

    • Use accurate terminology, including the correct pronouns, and avoid offensive terms (see GLAAD’s list).
    • Avoid focusing on medical issues, and remember that it is inappropriate to ask transgender people (including children) about their genitals or surgeries they have had.
    • Transgender people “are the experts to talk about transgender people.” Reporters should prioritize transgender voices in stories about the transgender community.

    Similar guidelines have been adopted by The New York Times and The Associated Press, and they should be common practice for news outlets.