By Jonathon Van Maren
For the past several decades, the sexual revolutionaries have had tremendous success utilizing lawfare to implement their agenda. In most states, voters rejected same-sex marriage when given the opportunity to cast their ballot on the issue (even, famously, in California)—the Supreme Court wiped away state bans and voided the will of the people across the nation. Abortion, too, was not brought in by popular demand, but imposed by the Court. Most recently, the Bostock ruling expanded the judicial understanding of civil rights to include gender identity, another stunning imposition on the nation by the legal elites.
But there has been a backlash, with states across America passing laws to keep biological males out of girls’ sports, for example. While American public opinion followed the legalization of same-sex marriage, gender ideology appears to be a bridge too far for many. As a result, the chief of the largest LGBT lobby group, the Human Rights Campaign, has penned an essay in the New York Times declaring that it is time for public officials to begin disregarding the laws. “It’s time for people in power to defy these new LGBTQ laws,” he declared. In short: Use the law until there’s pushback. Then, ignore the law. The revolution will not pause.
And what is the justification for this? As always, the LGBT activists claim that their very lives are in danger if they do not get what they want:
Far from state legislative outliers, these new laws are the latest in a series of unprecedented legislative assaults aimed at trans people that have swept state houses this year, officially making 2021 the worst year for anti-L.G.B.T.Q. legislation in recent history. With more than 20 new laws so far, the number is more than double what we saw in the last three years combined.
L.G.B.T.Q. Americans — and particularly transgender and nonbinary people — are not simply living in a state of emergency, we are living in many states of imminent danger. The usual calls to action aren’t enough against these threats; we are now firmly in the territory of needing those in positions of authority to actively defy these laws — especially those enforcement agencies and leaders tasked with implementing the unconstitutional and un-American assaults on the civil rights of millions of L.G.B.T.Q. people.
Active resistance is needed from administrators within the education system who are tasked with enforcing discriminatory trans sports bans, which isolate and prevent trans students from playing sports on teams consistent with their gender identity. These laws — already enacted this year in Arkansas, Alabama, Tennessee, Mississippi, Montana and West Virginia, and executive orders signed in South Dakota — effectively exclude trans youth from sports activities, which takes a devastating toll on the social, physical and emotional health of trans students and further isolates them from their peers.
As Rod Dreher put it:
This is the same revolting moral blackmail that LGBT activists constantly use: give us what we want or you will have blood on your hands, bigots! The idea that if state and local officials don’t disobey laws meant to keep biological males out of women’s athletic competitions, the boys-who-think-they-are-girls will hurt themselves, is absurd. But who stands up to this kind of cheap blackmail? Democratically enacted laws mean nothing to Alphonso David and activists like him. The only people in the world who matter are LGBT people. Everybody else needs to shut up and give them what they demand.
In this insanely privileged rant, we hear the voice of the radicalized employees of major newspapers and publishing houses, who believe they have the right to refuse to work with people and material that offends their sensibility. These people — and those who answer Alphonso David’s call — would rather tear the entire system down than not get what they want right this very second.
This is a clarifying moment. LGBT activists like David are no more respectful of democracy and the rule of law than Kim Davis was. The difference is that Davis stood virtually alone, and was despised by the elites. By contrast, the Human Rights Campaign grossed $48 million in the last available reporting period (2019), and its president was paid $570,000. These are the one percent. They don’t care what they have to do to your rights to get what they want.
And as much as I hate to say it, these shrieky little Stalinists might succeed. In a recent Substack newsletter, Richard Hanania observes that for all their anti-woke bluster, Republican politicians actually don’t have any idea what to do to fight it.
We’re seeing both the revolution and the backlash simultaneously. Time will tell if public officials will heed Davis’s call.