SCOTUS Declines to Hear Challenge to New Jersey Law Protecting LGBTQ Youth from “Conversion Therapy”

Today, the U.S. Supreme Court again refused to hear a challenge to New Jersey’s law protecting LGBTQ youth from the fraudulent and dangerous practice of so-called “conversion therapy.” Republican Governor Chris Christie signed this important legislation into law in August of 2013. The Court’s action leaves in place the decision of the Third Circuit U.S. Court of Appeals upholding the law’s constitutionality. Last May, the Supreme Court declined to review a separate challenge to the same law, and on two prior occasions, the Court refused to hear similar challenges to California’s law protecting youth from “conversion therapy.”

California, Illinois, New Jersey, Oregon and the District of Columbia have all passed laws protecting LGBTQ minors from  “conversion therapy,” and more than 20 states have introduced similar legislation this year. Following an executive action from Gov. Andrew M. Cuomo, New York is also adopting regulations to protect youth from “conversion therapy.”

Last week, HRC, the National Center for Lesbian Rights and the Southern Poverty Law Center filed a historic federal consumer fraud complaint against a major provider of “conversion therapy,” urging the Federal Trade Commission (FTC) to take enforcement action against the organization and all practitioners engaging in similar fraudulent advertising and business practices.

“Conversion therapy,” sometimes referred to as “sexual orientation change efforts” or “reparative therapy,” are practices that seek to change an individual’s sexual orientation or gender identity or expression. These practices are based on the false premise that being LGBTQ is a mental illness that needs to be cured, a theory that has been rejected by every major medical and mental health organization for decades.

There is no credible evidence that “conversion therapy” can change a person’s sexual orientation or gender identity or expression. To the contrary, research has clearly shown that these practices pose devastating health risks for LGBTQ young people. Use of these dangerous practices lead to depression, decreased self-esteem, substance abuse, homelessness, and even suicidal behavior, which is why they are universally criticized by the American Psychiatric Association, American Psychological Association, and American Medical Association.

More information on the lies and dangers of efforts to change sexual orientation or gender identity can be found here.

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Vigil For Victims of Hate and Violence of Alabama

Post submitted by HRC Alabama Field Organizer Tori Wolfe-Sisson

Earlier this month, HRC Alabama joined community supporters from around the state on the steps of the Alabama Statehouse for the 18^th annual Vigil for Victims of Hate and Violence.  The vigil was held for those who have lost their lives to bias motivated violence based on their sexual orientation or gender identity.

The annual event started in 1999 following the death of Billy Jack Gaither. Gaither, a 39 year old gay man who worked at the Russell Athletics apparel company near Sylacauga, Alabama, was brutally beaten to death.

​This year the keynote speaker was Judge Vanzetta McPherson.  The community members who were honored with the Billy Jack Gaither Humanitarian Award were Dr. Paul Hard, a professor at Auburn University of Montgomery who has been in a legal battle over his late husband’s estate, and Caleb Gumbs, the vice president of Amplified, the first recognized LGBTQ organization on Alabama State University’s campus. Caleb​ identifies​ as a Black trans man.

PFLAG, the Unitarian Universalist Fellowship of Montgomery, Amplified ASU, HRC Alabama and Montgomery Pride United cosponsored the event.

The passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act in 2009 sent an important message to our nation that the federal government will not tolerate violent crimes that target individuals because of their sexual orientation, gender identity or other characteristics. However, Alabama does not have an LGBT-inclusive hate crime laws.

To learn more about the hate crime laws in your state, visit HRC’s State Equality Index (SEI), or HRC’s guide on state hate crimes laws for a comprehensive state-by-state reports that provides a review of statewide laws and policies that affect LGBT people and their families.

Pictured: Eva Walton Kendrick presenting Dr. Paul Hard with his award.

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24 Hours: All Eyes On South Dakota as Gov. Daugaard Weighs Legislation Attacking Trans Youth

With a little more than 24 hours to go until a proposal attacking transgender youth automatically becomes law in South Dakota, HRC renewed its call on South Dakota Governor Dennis Daugaard to listen to the broad chorus of organizations urging him to veto the legislation.

Gov. Daugaard has until 11:59 PM CT tomorrow to either veto or sign the legislation that would prevent transgender students in public schools from using restrooms and other facilities consistent with their gender identity. If he does not act before then to protect the state’s transgender children from this legislative assault against their rights, dignity, and safety, South Dakota will become the first state in the nation to pass a bill specifically targeting transgender youth in school.

A failure to veto the measure would also place South Dakota school districts into the untenable position of choosing between complying with state or federal law, putting them at risk of losing up to nearly $200 million in federal funding for their schools in addition to the cost of inevitable litigation.  

“This is not a complicated issue. Governor Daugaard has an opportunity to either stand up for transgender children in his state, or he can ignore the struggles they face on a daily basis and add to the hardship many of them already endure,” said HRC President Chad Griffin. “There’s a reason we have heard overwhelming opposition to this legislation from major child welfare education organizations, businesses and corporations in the state, as well as the children and families who would be severely harmed by this bill. When more than fifty percent of transgender youth attempt to take their own lives at least once before turning 21, it’s the duty of lawmakers to protect the most vulnerable in their state. The eyes of the nation are on South Dakota, and we strongly urge Governor Daugaard to seize this opportunity to show true leadership by blocking this disgraceful bill and standing up for all of South Dakota’s children.”

HRC, the ACLU of South Dakota, the National Center for Transgender Equality (NCTE), and other advocacy organizations have worked furiously over the last several weeks to try to stop this outrageous bill from becoming law. HRC and its coalition partners have mobilized members across South Dakota and the nation to speak out, organized a community day of action, coordinated hundreds of calls to the governor’s office, action alerts, and a robust social media campaign. HRC worked with the ACLU of South Dakota and other coalition partners to deliver over 80,000 signatures last week urging the governor to veto HB 1008.

South Dakota highlights the stakes for LGBT people – and transgender people in particular – this legislative session. In a joint op-ed last week, HRC President Chad Griffin and NCTE Executive Director Mara Keisling addressed the onslaught of bills specifically targeting transgender people this year, writing, “These pieces of legislation are especially egregious because they aren’t even addressing an actual problem. Treating transgender students equally doesn’t come at the cost of anyone’s safety or privacy. Transgender students have already been using the restrooms that match their gender in hundreds of school districts all over the country without causing a single incident of violence or harassment.”

Advocates are not alone in opposing HB 1008: the business community, children’s advocates, state and local editorial pages, and more than 80,000 people nationwide have called on Gov. Daugaard to veto the legislation.

Major corporations with operations in South Dakota, including Citibank, Wells Fargo, Sanford Health, and First Premier Bank have expressed significant concerns with HB 1008.  The Argus Leader Editorial Board opposes the legislation, and on Friday, the New York Times Editorial Board called on Gov. Daugaard to veto the bill, saying: “If Mr. Daugaard values inclusiveness and respect, siding with students who stand to be hurt by this law should be an easy decision.”

Gov. Daugaard has also personally heard from students who would be impacted by the legislation: in Washington Post this weekend, one South Dakota transgender student wrote about the profoundly negative impact that bill would have on him and pleaded with the governor, saying, “Transgender students like me are just looking for a chance to access the same things that everyone else does — an education, a job, a safe place to pee. Gov. Dennis Daugaard, please stand up for me and all of the people of South Dakota you represent. The country is watching and history will show that you did the right thing if you veto this bad bill.”

Additionally, seven national child welfare, medical, and education groups – including the American Academy of Pediatrics, the American Counseling Association, the American School Counselor Association, the Child Welfare League of America, the National Association of School Psychologists, the National Association of Social Workers, and the National Education Association – sent an open letter to all of the nation’s governors expressing their grave concerns and objections to this type of legislation.

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