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Happy Pride Month Eve! The purpose of this post is to point out how the fear about gay marriage was overblown and quickly forgotten, and then to compare that to the current climate of transphobia.

Gay Marriage

The Church issued The Family: A Proclamation to the World just 29 years ago, in September, 1995, to proclaim that marriage should only be between a man and a woman and that “the sacred powers of procreation are to be employed only between man and woman, lawfully wedded as husband and wife.” 

What spurred this? Either revelation or because someone was paying attention to current events. Gay marriage was already being litigated in Hawaii. The test case was filed in 1991 and the question about whether the state could refuse to allow gay people to marry was bouncing back and forth between courts. In 1996, the court in Hawaii said the state did not have a right to discriminate against gay couples. For the first time in the United States, gay marriage was legal.

The backlash was intense and swift. The “full faith and credit” clause of the U.S. Constitution meant that if a gay couple married in Hawaii, every other state would have to recognize that marriage as valid. Both the Hawaiian legislature and the U.S. Congress responded by passing laws to ban gay marriage. In the same year that the ruling was handed down, Congress passed the Defense of Marriage Act (DOMA), putting the purposes right into the bill itself: 

“H.R. 3396, the Defense of Marriage Act, has two primary purposes. The first is to defend the institution of traditional heterosexual marriage. The second is to protect the right of the States to formulate their own public policy regarding the legal recognition of same-sex unions, free from any federal constitutional implications that might attend the recognition by one State of the right for homosexual couples to acquire marriage licenses.” Congressional Report on H.R. 3396

Utah’s entire Congressional delegation voted in favor of DOMA. States rushed to defend marriage. Between 1996 and 2003, at least two dozen states amended their constitutions to define marriage as between a man and a woman. Utah was one of these states

In 2008, the Church got heavily involved in passing Proposition 8 in California to prevent same sex marriages from becoming legal. While the Church was initially successful, the fallout from the Church’s campaign has been a well-documented disaster. Many Wheat and Tares readers and bloggers have personal experiences with the Proposition 8 campaign; that was only 16 years ago.

It’s difficult to summarize why people were so against gay marriage. It boiled down to religious beliefs, and an attempt to create some secular concerns, none of which were very convincing. 

On June 26, 2015, the Supreme Court decided the Obergefell v. Hodges case in favor of marriage equality. Same sex couples could now marry; gay love was validated.

After some pearl-clutching about the demise of marriage as an institution, the entire campaign against gay marriage mostly fizzled. Allowing gay couples to marry didn’t harm heterosexual couples. Legalizing gay marriage and reducing the stigma of homosexuality removed some terrible obstacles from straight marriages — the pressure for queer people to marry straight people in an attempt to “fix” themselves. Mixed orientation marriages are hard and they frequently fail. An open dialogue about sexual orientation and sexual desire benefitted every orientation.

In fact, when the country started to worry that the current Supreme Court, with its conservative super-majority, might overturn Obergefell v. Hodges, Congress rushed to pass the Respect for Marriage Act, which repealed the Defense of Marriage Act, ensuring that equal rights for same-sex couples would continue even if Obergefell was overruled. In 2022, three out of Utah’s four Congressmen, and one Utah Senator, voted in favor of the Respect for Marriage Act.

That’s about 25 years for religious conservatives to realize that they can co-exist just fine with gays and their marriages. I watched the whole saga unfold during my adulthood. My views changed right along with the rest of the country. Raised in the Church, I initially adopted the teachings that marriage had to be confined to people who could make babies together. And even if someone was sterile/infertile, or too old to have children, at least the man-woman thing preserved the proper appearance. For some reason, that was important. I forget why.

My own experience with being in a mixed-orientation marriage hit hard. I posted about being asexual last year during Pride month. Oddly, even after I filed for divorce because I couldn’t handle ever having sex again, I was still on the fence about gay marriage rights. Truth be told, I was bitter and wondered why anyone would want marriage rights. As I healed, my first reason for supporting gay rights was based on the conviction that no one should be pressured into having sex they don’t enjoy. My views expanded from there.

Trans Rights

The culture war has (largely) moved on. Now, the big threat to some undefined ideal society is trans rights. Conservatives have spread lies, exaggerated problems, and generally tried to whip up unfounded fears among the general population. I blogged about Utah’s anti-trans bathroom bill.

Is the tide turning? Have the majority of people who want the government to leave trans people alone finally made their voices heard? Or is the tide of transphobic legislation subsiding because the damage has already been done?

At the end of  April, the governor in Kansas vetoed a bill that would have banned gender affirming care for minors. The Kansas legislature failed to override the veto. Parents, children, and their doctors can make their own decisions about gender affirming care. The override failed, in part, because four Republicans flipped their votes after input from their constituents

Florida governor Ron DeSantis centered his bid for the Republican presidential candidacy on pushing back against woke culture. Florida has some of the harshest laws in the country on LGBTQ issues. But this year, of the 22 anti-LGBTQ bills proposed in Florida, only one passed. The proposed bills that would classify changing gender on a driver’s license as criminal fraud, that would encourage student clubs to discriminate against trans kids, that would make calling someone a transphobe a defamatory statement and the speaker could be sued, that would end the legal recognition of trans people in Florida, all those bills were left on the table when the Florida legislature adjourned.

Ohio, which has some of the strictest bans on gender-affirming care for youth, attempted to also restrict gender-affirming care for adults. The Ohio governor backed off in response to the public outcry. While the youth restrictions are still in place, at least they weren’t expanded to adults.

The federal government is taking action. Title IX, also known as the Patsy Takemoto Mink Equal Opportunity in Education Act, was passed in 1972. It’s most well-known for its impact on equality in athletics. Schools that receive federal funding have to offer women’s sports, basically, and they can’t racially discriminate in sports. President Biden’s administration issued a new set of Title IX rules, and one of the new areas addressed is discrimination against students based on gender identity. That’s a new category. After sorting through 240,000 public comments, the Biden administration concluded that transgender kids are more likely to be bullied, harassed, and hurt by cisgender kids than vice versa. Thus, protections for transgender kids are put in place.

The new rules take effect in August. Perhaps, maybe, possibly, a nationwide policy of non-discrimination and non-harassment against transgender school kids will work the same way the Obergefell decision did for gay marriage. All the overblown fears will evaporate into the total nothingburger they’ve always been. The culture war against trans kids and trans individuals will be exposed as nothing more than unnecessary and superfluous religious beliefs (as opposed to important religious beliefs like believing Christ is the Savior). Don’t use your religious beliefs to hurt other people. That’s just not cool.

  1. Do you think conservatives are gradually softening on the issue of trans rights?
  2. Do you hear any pushback against gay marriage anymore? From anyone who isn’t a religious conservative, I mean. I can’t think of any secular reasons to attack gay marriage rights.
  3. Have your views on gay marriage and/or trans rights changed over the years? Please feel free to share your story.