Quick Thoughts Regarding Our Political Morass, or Why the HRC Needs to Get into the Anti-Trans Legal Fight
1: It seems anathema to a supposed democracy that the death of one conservative should shift our nation’s highest court toward such a more liberal position. The consequences of the court’s rulings have such far-reaching effects it terrifies me a little that out of 300-plus million people in the US, the seating or not of a single jurist should make that much of a difference. Of course there’s a much larger judicial system underneath this court, and I understand that the rule of law has been designed with a final decision point of a supreme court, but given what it debates—civil rights, reproductive freedom, our basic rights to assemble and speak—Scalia’s presence or absence to tip the balance on these critical points is frightening. And so on this level I can understand the Republican Party’s fear that the court will liberalize away from their priorities. They should be afraid, as Scalia was holding together their agenda for the entire judiciary and it is not as easily rigged as say, their games with voter suppression and gerrymandering.
2: We are so acclimated to fear tactics in general that it is simple to deploy them against transgender children and young people. In what other context could we watch grown men scream about the safety of women as if they are their priority and rant about the dangers posed to public safety from children themselves? The entire game would be exposed were it not for the hatred America holds toward trans women, gender nonconforming people, and queer people. And still I see this as a last gasp from the right to reassert control in a country where more and more areas have affirmatively voted in LGBT protections. They won’t give up without a fight, but trans people will ultimately prevail.
2a: However, the battle over trans bodies is certain to enact violence against gender nonconforming people who are more on the margins, like trans women of color, trans folks who live in poverty, trans elders, and trans youth, especially those dealing with primary and secondary education systems, where there is a judicial precedent for certain infringements into privacy and speech. There is a good reason why the spate of hateful anti-trans legislation targets students, because they are subject to things like locker searches without a warrant, to controls like detention and suspension, and they are under constant surveillance from adults who can easily control things like bathroom access.
2b: This is why I think the Human Rights Campaign needs to step up and take head-on the anti-trans hate wave. It sounds unreasonable at first, but think about it: they’ve already designed themselves to identify issues within the court system across the country, they’ve already amassed a team of lawyers who know how to write amicus briefs in their sleep, and they have just “completed” a decade-plus-long struggle to win marriage equality in the United States. They won. THEY WON. I and many people of my queer generation never thought we’d see legal same sex marriage, and yet, here it is, despite Justice Scalia’s protestations and rhetoric, no less. Further, the HRC owes transgender people a debt after their earlier resistance to including the trans community in the LGBT equal rights bill in Congress, a bill that has still not come back to debate in any meaningful way. HRC has the deep pockets to fund the push against anti-trans legislation, the knowledge of the adversaries, since they’re largely the same groups who funded the anti-equality marriage fight, and the national contacts. They ought to take this on, and they have to get rallied quickly because it won’t be that long before a number of states have bills, referenda, and laws to contend with as part of the general election. And yes, they need to get trans women and gender nonconforming people involved, at all tiers of their leadership.
3: We are losing al-Jazeera America and that is a shame because they took pains not to be an echo chamber for a major political party, and not to be as devoid of substance as say, CNN. Too many of our media outlets are slanted toward one or the other political pole, and this has become a real problem for understanding what is happening in this primary election cycle. We’ve walked away from the journalistic standards that structured how facts were identified apart from opinion for nearly a century, in deference to ratings and the constant stream of sound bites. Paris is bombed and the media vomits speculation as news. Trump says something ridiculous and reporters feed it to us as if it is anything other than garbage—it certainly isn’t presidential. Web sites pretending to be media outlets Photoshop pictures and reports about coin tosses and it takes an entire news cycle to parse the reality out of the fantasy. I’m not telling the kids to get off my lawn, but we need a reckoning here because our current international conglomerate owned news food chain is full of pulp and no substance, and it is hard enough figuring out what the consequences of each Representative seat’s election could mean for their constituents. We need a consumer-driven change to the industry.