LGBTQ+ Leaders Talk Activism as Trump Presidency Approaches
(Crystal A. Proxmire, Dec. 16, 2024)
Ferndale, MI – As the nation prepares for a Presidential power shift, members of the lesbian, gay, bisexual, transgender, and ally community gathered to talk about where LGBTQ rights stand, what can be at risk, and what those who care about equality and freedom can do to help.
Affirmations community center in Ferndale hosted the discussion with Emme Zanotti, Director of Advocacy and Civic Engagement for Equality Michigan, and Jay Kaplan, Staff Attorney for the American Civil Liberties Union (ACLU).
Some in the audience wondered if their marriage would remain legal. Some wondered if they could lose their jobs or their homes.
Some wondered if they faced a medical emergency, could be turned away by a doctor who refuses to help just because they are gay or transgender.
Could they be harassed at work or denied a job? Could they be turned away from staying at a hotel, dining in a restaurant, or shopping in a store?
Could they loose parental rights?
Could they see books taken off the shelves of libraries, erasing the stories that help others feel like they belong and educating others that LGBTQ+ people are part of their communities?
Should teenagers hide their rainbow flags, and keep their crushes secret? Could teachers themselves make LGBTQ kids feel bullied and ashamed?
Some wondered if they should go back in the closet, and hide who they are or who they love because of the hatred and fear of others.
“We barely survived Thanksgiving with the family,” said one attendee. “How do we deal with these attitudes and hate?”
These fears and more brought nearly 70 people together to hear from community leaders about what comes next.
MICHIGAN ADVANTAGES
Kaplan started off by talking about the advantages of living in Michigan with top officials being supportive of LGBTQ+ rights.
“We’ve got a Governor, Attorney General, and Secretary of State for the next two years that are supportive of LGBT rights,” Kaplan said. “We lost the progressive majority in the House [of Representatives], but we still have a majority in the State Senate. We won’t be able to move forward with pro-LGBT legislation, but we won’t be able to pass the really bad legislation either.”
Currently there are seven openly LGBT officials in the Michigan legislature, plus Attorney General Dana Nessel is part of the community. “There are eight openly queer officials in state government, and that matters,” added Zanotti.
One of those officials, State Representative Mike McFall of Hazel Park was at the gathering. He added that there were Republicans who voted in support of amending the state’s civil rights law to protect LGBTQ people from discrimination. “There are Republicans willing to do what’s right,” he said.
The Elliott-Larsen Civil Rights Act remains in place for Michiganders. This nondiscrimination law was passed in 1976 and was amended in 2023 to include the LGBTQ community. It bans discrimination on the basis of religion, race, color, national origin, age, sex, height, weight, familial status, marital status, sexual orientation, and gender identity in employment, housing, education, and access to public accommodations.
“Michigan is one of 23 states that has explicit civil rights protections in our state,” Kaplan said. For those who are denied housing, jobs, etc, “there’s pathways for recourse that weren’t there ten years ago.”
It’s not just lip service either, the laws are being enforced.
“The Michigan Department of Civil Rights is doing a great job catching up on their caseload of complaints,” Zanotti said. “And residents can also bring cases in the state court system.”
Another piece of legislation touted as progress is the Family Protection Act that was passed by the legislature last year and takes effect in March. It extends the “presumption of parenthood” to same-sex spouses, giving both parents equal rights. Previously one person in the relationship would either give birth to the child or adopt it, and the other parent would not have rights unless they went to the court and applied for step parent adoption. “This provides a great deal of stability for parents and children,” Zanotti said.
She also praised the State’s recent ban on conversion therapy. Conversion therapy is a practice that aims to make gay people straight, often with harmful consequences. “LBGT people subjected to conversion therapy commit suicide 2.5 times more than those not exposed,” Zanotti said.
The law cannot bar people in religious institutions from attempting to change people’s orientations, due to religious freedom. However it does mean that any practicing, licensed mental health professional cannot. At the time the law was passed, there were just under 40 practitioners across the state that were known to engage in the practice.
In another victory for LGBTQ+ rights, Michigan included banning the “gay panic” defense, wherein those who commit crimes like assault or murder cannot say they were motivated by fear of someone’s sexuality.
Kaplan and Zanotti also praised laws that protect access to reproductive healthcare, as well as gender affirming healthcare including coverage of gender dysphoria care by Medicaid.
A Michigan Attorney General opinion two years ago also deemed that requiring an individual to have surgery before having their gender changed on their birth certificate was unconstitutional. The Secretary of State also now allows individuals to self-attest their gender. And the Michigan Supreme Court also determined that in the court system people cannot be intentionally misgendered.
FEDERAL CONCERNS
Donald Trump has made his position clear on LGBTQ+ discrimination, previously issuing a rule that Americans are not protected from discrimination based on sexual orientation and gender identity. Kaplan anticipates a similar rule in Trump’s second term in office, but says people can still claim discrimination based on gender if they are targeted, and any changes would likely be worked out through the court system before taking effect.
Another fear is that President Trump would ban transgender people from serving in the military, and could go as far as to force those already serving to be discharged. There are approximately 15,000 transgender people currently serving, in a time when armed forces recruitment is particularly challenging. Transgender members of the military could face medical discharge, where benefits would be up for review. Or a dishonorable discharge could mean not only loss of their position, but loss of benefits as well. This too would face challenges in court. However, in Trump’s first Presidency he was ultimately allowed to order a ban on new transgender troops from enlisting, which was overturned by President Biden.
Access to medical care is also a concern for the LGBT+ community, particularly transgender people who may seek surgery or hormone care. While individual states administer Medicaid programs, the Federal government does have some pull where Federal dollars are concerned.
Kaplan explained that Federal dollars could be withheld to states that allow Medicaid programs to cover transgender healthcare, and that hospitals could also face monetary punishment if they provide gender affirming care. “If these policies were to take effect, they will be heard in litigation, but ultimately the Supreme Court will decide,” Kaplan said.
Federal funds could also be withheld from school systems if they chose to be supportive of LGBTQ+ students, such as inclusive bathroom policies, using a student’s chosen name, and allowing transgender students to participate in sports.
“The Federal government can’t tell us we have to change our laws, but they do control the purse strings,” Kaplan said.
Another fear is that health care providers could be enabled to deny care to LGBTQ+ people based on religious exemption.
The fear of losing marriage equality is also creating stress for couples and families across the country. Kaplan assured attendees that it would be unlikely for any decisions to be able to undo existing marriages. However if Federal marriage equality is eliminated, “we could go back to how it was before 2015 where state laws varied.”
However, Kaplan says it’s not likely. “It would take 60 votes to overturn respect for marriage, and there’s only a 53-57 majority,” Zanotti said. “People could still get married in a state that recognizes it.”
COMING TOGETHER
“People are tired. They’re weary. But starting in January we need to be there,” Kaplan said. Activism, such as engaging with organizations like Equality Michigan, the ACLU, and Affirmations, helps. But so does simply being out and visible.
“Many policy makers will say they’ve never met any gay people,” he said. “Make sure they know you.”
Kaplan also shared that he is hopeful about the county as a whole. While Donald Trump won, and anti-LGBTQ rhetoric is part of Republican politics, polls have found that those who voted for Trump did not necessarily do so because of hate. “Many people who voted for this candidate weren’t concerned about the issue, and they may be on our side,” he said.
Zanotti added that while it may be uncomfortable or tiresome, “having conversations with family and coworkers is important.”
Another thing to be on guard against, Zanotti said, is “anticipatory obedience.”
“Don’t let businesses and organizations comply with discrimination before it’s necessary,” she said. For example, hospital systems may stop offering family planning services, not because they are legally required to, but because they want to avoid the battles, the perceptions, or the potential for retaliation. Zanotti said that reporting such decisions to Equality Michigan can help, so can speaking up.
Overall the message of the evening was that people in the LGBTQ+ community, and allies, should stick together.
“We need to encourage participation in local governments, school boards, and state governments,” Zanotti said. “We should still be engaged… To some extent we have to find our edge again. We don’t have to be hostile, but we do need to show up.”
“There are some people who oppose LGBT rights who would love to see the LGBTQ community splinter,” Kaplan said. “For the community to let that happen, it would be tragic.”
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