This Thanksgiving we are reflecting on what family means to us. For those of us at the ACLU and many people across the country, that will bring to mind what happened to families in California as a result of Prop 8.
So — in what is becoming an ACLU tradition — I’m writing to share some pointers for talking turkey this Thanksgiving about issues that really matter.
Here’s my biggest piece of advice for when Prop 8 and gay marriage come up over the Thanksgiving dinner table: Don’t shy away from the conversation. Do what I’m hoping thousands of ACLU supporters will do over the holidays. Talk to someone you’ve never talked to about same sex marriage and explain that it’s just not right to deny someone their freedom because of who they are or who they love.
And you can tell them something else: Tell them the fight to stop Prop 8 from disrupting people’s lives and denying gay couples the full measure of their freedom is far from over. Tell them your ACLU has gone to court to stop Prop 8.
On the day after the election, the ACLU and our partners, the , and filed suit asking the California Supreme Court to strike Proposition 8 down.
The case we are making is a powerful one — and I want you to know its details — because if we are going to secure equal rights for everyone in our great nation, the argument for equality has to be made not just in a California courtroom, but in countless conversations between families and communities all across America.
Here are the specifics on our lawsuit: Under California law, major changes in the Constitution — called revisions — have to be first approved by two-thirds of the legislature before going before the voters.
The forces of intolerance behind Prop 8 went through a process for less serious constitutional changes called amendments. They didn’t go through the legislature.
So, our lawsuit — and your Prop 8 conversations over the holidays — will all come down to the same question: Is it a big deal — a revision, rather than a mere amendment — to take the right to marry away from an entire group of people?
We firmly believe it is.
- What could be more serious than rejecting the very idea that everyone is equal before the law?
- And what could be a more drastic change than undermining the essential constitutional principle that we all have rights, which can’t be taken away just because a majority of people might like to do so?
These are the questions we’re asking the California Supreme Court to consider at crucial hearings coming up in December. And, they are the questions I hope you won’t avoid addressing in holiday conversation with friends and family.
The passage of Prop 8 has hit a powerful nerve all across America. People are seeing for themselves the unimaginable pain and anguish it has caused. And the sense of outrage is growing stronger every day.
With holiday gatherings of family and friends right around the corner — I’m urging you to make the case against intolerance in a very personal way.
Prop 8 has made clear that we all have a lot of work to do challenging discrimination against lesbian, gay, bisexual and transgender people. And we can’t do it without you.
So, be a little bolder this Thanksgiving.
When someone makes an uninformed remark about gay marriage, don’t let it slide. If they say they’re glad Prop 8 passed, tell them you love them. Then remind them that no one should ever lose their rights or face bigotry because of who they are and who they love.
Make it clear that, no matter how someone feels about same-sex marriage, gay people are a part of our community entitled to the same rights, the same dignity, as everyone else.
Today, it is clearer than ever that the struggle for LGBT equality is one of the defining civil liberties challenges of our time. You can count on the ACLU to defend LGBT rights in courtrooms, classrooms, and legislative hearings all across the nation.
We’re counting on you to do the same around the water cooler at work and over Thanksgiving dinner.
Be brave and outspoken. It’s the only way to move freedom forward.
Best wishes to you and your loved ones for a happy and healthy Thanksgiving.
Learn More About the Issues on This Page
-
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.