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Is Judge Kavanaugh A Threat To The LGBT Community?



Source: U.S. Court of Appeals for the District of Columbia Circuit

Hatred for people in the LGBT community is embedded in the history of the United States. For every step taken towards true equality, two steps are taken backwards.

During the tense climate of the Trump administration, it is easy to assume that Americans would rather see LGBT people disappear rather than embrace them for their genuine and unique selves.

The heteronormative and patriarchal institutions have continued to try holding the LGBT community down.

Brett Kavanaugh’s confirmation produced a feeling of fear and outrage for many.

He is the face of the problem. He is the symbol of what these institutions represent. The anger, the silence on important issues, and the need for power and control over other people.

There has been a lot of progress for LGBT rights. It seems it has come a long way. Yet, according to the Accelerating Acceptance report created by GLAAD, there has been a significant drop in acceptance for LGBT people.

Even more worrying, there has been an increase in discrimination and attacks.

Americans are taking advantage of the environment Trump has essentially created. It is now acceptable to express discomfort and hate towards marginalized groups.

Brett Kavanaugh could do even more damage than what has already occurred. According to political scientist Lee Epstein, Judge Kavanaugh is more conservative than over 60% of all federal judges nominated since 1980.

This means that Judge Kavanaugh would be reliably conservative on the Supreme Court.

American conservatism has often targeted LGBT rights based off morality and religion. Being gay basically makes you part of an immoral subcultural, a subculture often attacked by conservative leaders.

Furthermore, Brett Kavanaugh’s silence during his confirmation hearings spoke volumes. With so many essential LGBT cases heading towards the Supreme Court, this could be a dark and tempestuous time for our community.

The Alliance Defending Freedom, a dangerous anti-LGBT organization, is planning on fighting many cases that have protected and defended LGBT people. Cases such as EEOC v. Harris Funeral Homes, where the ADF justified the discriminatory firing of a transgender funeral director Aimee Stephens, will be at the Supreme Court.

Another case, Doe v. Boyertown Area School District, which aims to protect transgender kids and lets them use the bathroom in accordance with their gender identity, will be in court.

Additionally, since the Supreme Court case Obergefell v. Hodges guaranteed marriage equality for all, it has been under constant attack. Judge Kavanaugh’s decisions on the court could ultimately end the progress the LGBT community has made.

America is going back in time. Back to a time where the attempt to silence and dismiss LGBT people was dominant.

Through the eyes of the Supreme Court, the LGBT community will potentially have less rights than their straight counterparts. To see all the progress the LGBT community made potentially just weather away is frightening.

Nevertheless, his confirmation did more than strike anxiety in the hearts of many Americans.

If anything, it revealed the fragility of the institutions that try to hold many down. It ignited a fire of anger and determination that made many marginalized communities yearn to be heard and accepted.

By: Trevor Falsey

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