(Our Executive Director, Anthony D. Romero, sent out a heartfelt letter to supporters yesterday. Below is an edited version. )
I'm angry and heartsick about what may happen in California on November 4th.
In the most personal way possible, I'm asking you for a favor: help us ensure that gay couples all across California keep their fundamental right to marriage — the basic right to be treated just like anybody else.
I hope you will forgive the indulgence when I speak from the heart and tell you my personal story.
You see, I grew up in a loving and supportive household, where my family believed I could be anything I chose — anything except being an openly gay man. Neither of my parents finished high school, and yet, they believed I could accomplish all I set out to do as I went off to Princeton University and Stanford Law School.
They got me through the toughest of times, scrimped and saved, and always believed that failure wasn't in the cards for me. They had more faith in me than I often had in myself. Whenever my parents visited me at Princeton, my Dad would slip a $20 bill in my pocket when my Mom wasn't looking. I never had the courage to tell him that the $20 wouldn't go very far towards my bills, books and tuition. But, it was his support and belief in me that sustained me more than the tens of thousands of dollars I received in scholarships.
When I finished college, they were hugely proud of my — and their — accomplishments. That was until I told them I was gay and wanted to live life as an openly gay man.
Though I always knew I was gay, I didn't come out to them for many years, as I was afraid of losing the love and support that had allowed me to succeed against all odds. When I did tell them, they cried and even shouted. I ended up leaving their home that night to spend a sleepless night on a friend's sofa. We were all heartbroken.
When my Mom and I spoke later, my Mom said, "But, Antonio (that's the name she uses with me), hasn't your life been hard enough? People will hurt you and hate you because of this." She, of course, was right — as gay and lesbian people didn't only suffer discrimination from working-class, Puerto Rican Catholics, but from the broader society. She felt that I had escaped the public housing projects in the Bronx, only to suffer another prejudice — one that might be harder to beat — as the law wasn't on my side. At the time, it felt like her own homophobia. Now I see there was also a mother's love and a real desire to protect her son. She was not wrong at a very fundamental level. She knew that treating gay and lesbian people like second class citizens — people who may be worthy of "tolerance, " as some assert, but not of equality — was and still is the last socially-acceptable prejudice.
Even before I came out to them, I struggled to accept myself as a gay man. I didn't want to lose the love of my family, and I wanted a family of my own — however I defined it. I ultimately chose to find my own way in life as a gay man. This wasn't as easy as it sounds even though it was the mid-1980s. I watched loved ones and friends die of AIDS. I was convinced I would never see my 40th birthday, much less find a partner whom I could marry.
As years passed, my Mom, Dad and I came to a peace, and they came to love and respect me for who I am. They even came to defend my right to live with equality and dignity — often fighting against the homophobia they heard among their family and friends and in church.
The right to be equal citizens and to marry whomever we wish — unimaginable to me when I first came out — is now ours to lose in California unless we stand up for what's right. All of us must fight against what's wrong. In my 43 short years of life, I have seen gay and lesbian people go from pariahs and objects of legally-sanctioned discrimination to being on the cusp of full equality. The unimaginable comes true in our America if we make it happen. But, it requires effort and struggle.
One of the things I love about the ACLU is that it's an organization that understands we are all in this together. We recognize that injustice anywhere is a threat to justice everywhere.
Given what's at stake in the outcome of this election, I am personally appealing to you for help to fight the forces of intolerance from carrying the day in California next Tuesday.
If you have friends and family in California, please contact them right now, and ask them to vote NO on Proposition 8.
We need to make sure people keep in mind that gay people are part of every family and every community — that like everyone else, gay people want the same rights to commit to their partners, to take care of each other and to take responsibility for each other. We shouldn’t deny that, and we shouldn’t write discrimination into any constitution in any state. Certainly, we can't let that happen in California after the highest court in the state granted gay and lesbian people their full equality.
Unfortunately, due to a vicious, deceitful $30 million advertising blitz, the supporters of Prop 8 may be within days of taking that fundamental right away.
To stop the forces of discrimination from succeeding, we have to win over conflicted voters who aren't sure they're ready for gay marriage but who are also uncomfortable going into a voting booth and stripping away people's rights. With the ACLU contributing time, energy and millions of dollars to the effort, we're working hard to reach those key voters before next Tuesday.
If you have friends and family in California, please contact them right now, and ask them to vote NO on Proposition 8. Share this email with them. Call them. Direct them to the for more information.
Don't let other young people grow up to be afraid to be who they are because of the discrimination and prejudice they might face. Let them see a future that the generation before them couldn't even dream of — a future as full and equal citizens of the greatest democracy on earth.
As Martin Luther King, Jr. reminded us, "The arc of the moral universe is long, but it bends toward justice." As we strive to defeat Prop. 8 and the injustice it represents, the ACLU is trying to make that arc a little shorter.
On behalf of my Mom and family, and on behalf of all the people who will never face legally-sanctioned discrimination, I thank you for being part of this struggle and for doing everything you can to help.
It is a privilege and honor to have you as allies in this fight for dignity and equality.
For additional information on Prop. 8 and tools for advancing LGBT equality in your community, visit www.aclu.org/getequal.
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Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON — The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The American Civil Liberties Union is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for “medical interventions for the treatment of gender dysphoria” such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would “permanently ban transgender medical treatment for minors.” The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. “By passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,” said Mike Zamore, national director of policy & government affairs at the ACLU. “This unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden’s legacy of defending the civil rights of transgender Americans — including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson’s last minute health care ban for servicemembers’ kids.” If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military’s since-repealed “Don’t Ask, Don’t Tell” policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the ACLU, the ACLU of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. – A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver’s licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status – as the state is engaging in here – is a form of sex discrimination that violates the Montana Constitution’s equal protection clause. The plaintiffs, two transgender women, are represented by the American Civil Liberties Union, the ACLU of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: “After finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.” “Once again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,” said Akilah Deernose, executive director for the ACLU of Montana. “Here in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.” “Forcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,” said Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project. “Such a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.” In granting the plaintiffs’ motion for a preliminary injunction, the court held, “[i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.” The state has the option of appealing the district court’s ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
On September 30, 2024, the Florida Department of Corrections rescinded its policy regarding treatment of gender dysphoria, which allowed for hormone therapy when deemed medically necessary, as well as access to clothing and grooming standards that accord with one’s gender identity. Under this new policy, grooming and clothing accommodations have been stripped away, and hormone therapy is not permitted unless an exception is deemed constitutionally required. The ACLU brought a class action challenging the policy. -
IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.