NYCLA LGBTQ+ Issues in the Law Committee Issues Pride Month Statement

In observance of Pride Month, the NYCLA LGBTQ+ Issues in the Law Committee issues the following statement to emphasize that we must take a moment to acknowledge that these are troubling times for our Country and for the LGBTQ+ community. Events over the last few months evidence an all-out assault on democratic norms and the rule of law. NYCLA has made clear its stance on those attacks, including the persecution of law firms and attorneys for the work they have done on behalf of their clients. Judges have been targets for intimidation and threats for daring to do their jobs and apply the law fairly and without favor. But of particular concern to the Committee are recent efforts by the Federal and State Governments to marginalize the LGBTQ+ community. The weight of federal government has now been used to prevent trans people from accessing gender affirming care, prevent trans people from competing in school sports, prevent trans persons from serving openly in the military, and even erase references to transgender persons from government websites.

The Supreme Court has just ruled in U.S. v. Skrmetti that states may prohibit minors from accessing gender affirming care. This Court’s decision authorizes state governments to supplant the judgment of parents and transgender youths with their own. The Tennessee law at issue is an obvious assault on the autonomy of LBGTQ+ persons. What’s more troubling however, is that members of the LGBTQ+ community and marginalized communities in general may no longer be able to count on Federal Courts to protect their rights. Indeed, certain members of the Supreme Court have even suggested that governmental actions affecting transgender people should not be held to heightened scrutiny, in part due to the lack of an established record of such discrimination occurring in society. Sadly, the record that these justices would require is unfolding before our eyes.

And the trans community is not the only segment of the LGBTQ+ community that has come under attack: The administration has attempted to erase information about HIV treatment and prevention from government websites; it also supports a reduction in funding for HIV surveillance, prevention, and treatment. Of course, these actions will disproportionally affect members of the LGBTQ+ community. And that was likely the intention.

The administration has also announced that it will eliminate the 988 Suicide & Crisis Lifeline’s specialized services for LGBTQ+ youth. LGBTQ+ youth face higher suicide

rates than non-LGBTQ+ members of the population. And eliminating specialized care for them will do nothing to solve that problem.

Just a couple of weeks ago, and during Pride Month no less, the Secretary of Defense announced plans to rename the Navy Warship USNS Harvey Milk. There can be little doubt that this act is part of a wider effort to reduce the visibility, impact, and contributions of our community. This is particularly dangerous… because if we are not seen… we will not be heard. If left unchecked, these efforts will surely undermine the heath, dignity and wellbeing of our community, including our ability to be treated equally before and in the eyes of the law. As legal professionals with voices that are listened to and clout in the community, we have the responsibility to stand up and speak out against these efforts. We must oppose not only assaults on the rule of law, but assaults on any particular group’s humanity and dignity, in this case a community who wishes only to live their lives authentically, peacefully, and safely.

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The views expressed are those of the Committee and have not been approved by the New York County Lawyers Association Board of Directors and do not necessarily represent the views of the Board of Directors or any of its individual members.