Anti-LGBTQ laws in the US are getting struck down for limiting free … – Ohio Capital Journal
Nearly 500 anti-LGBTQ bills have been introduced in state legislatures in the U.S. in 2023. Many of those bills seek to reduce or eliminate gender-affirming care for transgender minors or to ban drag performances in places where minors could view them.
Most of those bills have not become law. But many of those that have did not survive legal scrutiny when challenged in court.
Anti-LGBTQ laws that federal judges have concluded do not pass constitutional scrutiny include anti-trans legislation in Arkansas and anti-drag legislation in Tennessee.
A notable feature of these rulings for me a First Amendment scholar is how many rely on the First Amendments protection of free speech. In several of the decisions, judges used harsh language to describe what they deemed to be assaults on a fundamental American right.
Heres a summary of some of the most notable legal outcomes:
Several states passed laws aimed at restricting drag performances. These laws were quickly challenged in court. So far, judges have sided with those challenging these laws.
On June 2, 2023, a federal judge permanently enjoined Tennessees attempt to limit drag performances by restricting adult entertainment featuring male or female impersonators. When a law is permanently enjoined, it can no longer be enforced unless an appeals court reverses the decision.
The judge ruled on broad grounds that Tennessees law violated freedom of speech, writing that it reeks with constitutional maladies of vagueness and overbreadth fatal to statutes that regulate First Amendment rights. He also ruled that the law was passed for the impermissible purpose of chilling constitutionally-protected speech and that it engaged in viewpoint discrimination, which occurs when a law regulates speech from a disfavored perspective.
Three weeks later, a federal judge granted a temporary injunction against Floridas anti-drag law on similar broad grounds.
And in Utah, a federal judge required the city of St. George to grant a permit for a drag show, ruling that the city had applied an ordinance in a discriminatory manner in order to prevent the family-friendly drag show from happening. As in the other cases, the judges ruling was based on First Amendment precedent.
On June 20, 2023, a federal judge permanently enjoined an Arkansas law, passed in 2021 over the veto of then-Gov. Asa Hutchinson, preventing transgender minors from receiving various kinds of gender-affirming medical care, including puberty blockers and hormone therapy.
The judge held that Arkansas law violated the Fourteenth Amendments equal protection clause which ensures laws are applied equally regardless of social characteristics like race or gender because the law discriminated on the basis of sex.
Arkansas claimed its law was passed in order to protect children and to safeguard medical ethics. The judge agreed that these were legitimate state interests, but rejected Arkansas claim that its law furthered those ends.
The judge also held that Arkansas law violated the First Amendment free speech rights of medical care providers because the law would have prevented them from providing referrals for gender transition medical treatment.
During June 2023, federal judges in Florida and Indiana granted temporary injunctions against enforcement of similar state laws. This means that these laws cannot be enforced until a full trial is conducted and only if that trial results in a ruling that these laws are constitutional.
In striking down these unconstitutional state laws on First Amendment grounds, many judges went out of their way to reinforce the point that freedom of speech protects views about sexual orientation and gender identity that may be unpopular in conservative areas.
In his ruling on the St. George, Utah case, U.S. District Judge David Nuffer stressed that Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces. The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression.
Nuffer also noted that Public officials and the city governments in which they serve are trustees of constitutional rights for all citizens. Protecting the constitutional rights of all citizens includes protecting the constitutional rights of members of the LGBTQ community and of other gender-nonconforming people.
Free speech rights also extend to those who want to use speech in order to help promote the well-being of LGBTQ people. In ruling that Arkansas law violated the First Amendment, Judge Jay Moody stated that the state law prevents doctors from informing their patients where gender transition treatment may be available and that it effectively bans their ability to speak to patients about these treatments because the physician is not allowed to tell their patient where it is available. For this reason, he held that the law violated the First Amendment.
As additional anti-LGBTQ state laws are challenged in court, judges are likely to continue to use the First Amendment to show how such laws fail to respect Americans fundamental free speech rights.
Mark Satta, Assistant Professor of Philosophy, Wayne State University
This article is republished from The Conversation under a Creative Commons license. Read the original article.
GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
SUBSCRIBE
View post:
Anti-LGBTQ laws in the US are getting struck down for limiting free ... - Ohio Capital Journal
- Takeaways from the Supreme Courts TikTok decision and what it may mean for the First Amendment - CNN - January 19th, 2025 [January 19th, 2025]
- Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How? - The Federalist Society - January 19th, 2025 [January 19th, 2025]
- TikTok, HamHom, and the First Amendment - Reason - January 19th, 2025 [January 19th, 2025]
- Supreme Court weighs First Amendment rights and porn in Texas case - NPR - January 19th, 2025 [January 19th, 2025]
- "Strong stand for the First Amendment": TikTok announces U.S. return after Trump promise to stay ban - Salon - January 19th, 2025 [January 19th, 2025]
- FCCs Rosenworcel Takes Parting Swipe at Incoming Trump Administration Over First Amendment - TV Technology - January 19th, 2025 [January 19th, 2025]
- Upholding TikTok ban, Supreme Court attacks First Amendment ahead of Trump inauguration - WSWS - January 19th, 2025 [January 19th, 2025]
- Rand Paul Reacts to TikTok Ruling: 'Violation of the First Amendment' - Newsweek - January 19th, 2025 [January 19th, 2025]
- Supreme Court Denies TikTok First Amendment Pass, Effectively Shuttering the Social Media Platform in the U.S. on Jan. 19 Unless Sold to Third Party -... - January 19th, 2025 [January 19th, 2025]
- "Satan loves the First Amendment" banner lawsuit allowed to proceed against Broward schools - CBS News - January 6th, 2025 [January 6th, 2025]
- Claim Against School Board That Refused to Display "Satan Loves the First Amendment" Banner Can Go Forward - Reason - January 6th, 2025 [January 6th, 2025]
- First Amendment gives way to national security: Countdown on for TikTok - Virginia Mercury - January 6th, 2025 [January 6th, 2025]
- Settlement puts Disneys business interests above First Amendment - Freedom of the Press Foundation - January 6th, 2025 [January 6th, 2025]
- Federal Judge Temporarily Blocks Protect Tennessee Minors Act Over First Amendment Concerns - SValleyNow.com | Local News for Marion County and the... - January 6th, 2025 [January 6th, 2025]
- Sullivan and the Central Meaning of the First Amendment Lee Levine & Matthew Schafer - Law & Liberty - January 1st, 2025 [January 1st, 2025]
- Tennessee age verification law blocked from taking effect due to First Amendment concerns - WZTV - January 1st, 2025 [January 1st, 2025]
- FIRE to SCOTUS: TikTok ban violates Americans' First Amendment rights - Foundation for Individual Rights and Expression - January 1st, 2025 [January 1st, 2025]
- Ald. Jim Gardiner Agrees to Pay $157K to Settle Lawsuit Claiming He Violated First Amendment by Blocking Critics From Official Facebook Page - WTTW... - January 1st, 2025 [January 1st, 2025]
- First Amendment the first casualty in Oklahoma school chiefs weird war on woke | Opinion - Wichita Eagle - January 1st, 2025 [January 1st, 2025]
- Donald Trump Asks Supreme Court to Delay TikTok Ban Over First Amendment Concerns - TheWrap - January 1st, 2025 [January 1st, 2025]
- How Washington State Stifles the First Amendment for the Incarcerated - Solitary Watch - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Theres Still Time for the Senate to Support the First Amendment - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- First Amendment Censorship Claims Against Stanford Internet Observatory Can Go Forward to Discovery as to Jurisdiction and Standing - Reason - December 22nd, 2024 [December 22nd, 2024]
- S. Ct. Will Hear First Amendment Challenge to TikTok Divestment on Jan. 10 - Reason - December 22nd, 2024 [December 22nd, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - Citrus County Chronicle - December 22nd, 2024 [December 22nd, 2024]
- Deal reached in First Amendment -Facebook lawsuit against Ald. Gardiner, as city agrees to pay some costs - Nadig Newspapers - December 22nd, 2024 [December 22nd, 2024]
- Iowa Republicans are afraid of the First Amendment - Bleeding Heartland - December 22nd, 2024 [December 22nd, 2024]
- TikTok Asks Supreme Court to Block Law Banning Its U.S. Operations - The New York Times - December 18th, 2024 [December 18th, 2024]
- Supreme Court agrees to hear TikToks First Amendment challenge to U.S. ban if not sold - Spectrum News NY1 - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trumps Media Lawsuits Are Meant to Open the Floodgates to Overturn Key First Amendment Rights | Video - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- Media on the run: A sign of things to come in Trump times? First Amendment News 451 - Foundation for Individual Rights and Expression - December 18th, 2024 [December 18th, 2024]
- KERC Approves First Amendment to Multi-Year Transmission, Distribution, and Retail Supply Tariff Regulations 2024 - SolarQuarter - December 18th, 2024 [December 18th, 2024]
- Masked Protests and First Amendment Rights The Chickenman Case in Smyrna - Wgnsradio - December 18th, 2024 [December 18th, 2024]
- First Amendment attorneys say Ohio bill aimed at curbing antisemitism may infringe on rights - 10TV - December 18th, 2024 [December 18th, 2024]
- First Amendment warning: 100% chance of Ryan Walters tweeting - NonDoc - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trump's Media Lawsuits Are Meant to 'Open the Floodgates' to Overturn Key First Amendment Rights | Video - TheWrap - December 18th, 2024 [December 18th, 2024]
- SJC expands First Amendment protection to true threats over the Internet, by text, and in person - The Boston Globe - December 14th, 2024 [December 14th, 2024]
- OPINION: The First Amendment is the Biggest Story of the 2024 Presidential Election - Nevada Globe - December 14th, 2024 [December 14th, 2024]
- First Amendment: Anathema or weapon? - Workers World - December 14th, 2024 [December 14th, 2024]
- Justices Will Hear First Amendment Challenge to Denial of Tax Exemption for Catholic Charities - Law.com - December 14th, 2024 [December 14th, 2024]
- The Press and The People Must Not Willingly Surrender First Amendment Rights to Trump - Daily Kos - December 14th, 2024 [December 14th, 2024]
- La. TikTok creator says potential app ban infringes on First Amendment right - KPLC - December 14th, 2024 [December 14th, 2024]
- Opinion | The TikTok Ruling Is a Blow for the First Amendment and Free Speech - The New York Times - December 10th, 2024 [December 10th, 2024]
- TikTok failed to save itself with the First Amendment - The Verge - December 10th, 2024 [December 10th, 2024]
- Newsoms War on Political Speech: ADF Defends Rumble in the First Amendment Case - California Family Council - December 10th, 2024 [December 10th, 2024]
- Opinion | The TikTok Sale and the First Amendment - The Wall Street Journal - December 8th, 2024 [December 8th, 2024]
- Secret court hearing threatens the First Amendment and more - The Hill - December 8th, 2024 [December 8th, 2024]
- President Trump lacks standing: CBS rubbishes lawsuit over Kamala Harris 60 Minutes interview as procedurally baseless and prohibited by the First... - December 8th, 2024 [December 8th, 2024]
- Perspective: Colorado vs. the First Amendment - Colorado Springs Gazette - December 8th, 2024 [December 8th, 2024]
- Annenberg Classroom Film on First Amendment Wins Anthem Award - The Annenberg Public Policy Center of the University of Pennsylvania - December 8th, 2024 [December 8th, 2024]
- Trumps calls to investigate pollster put First Amendment at risk - Foundation for Individual Rights and Expression - December 8th, 2024 [December 8th, 2024]
- First Amendment Likely Protects Referring Patients for Out-of-State Abortions - Reason - December 8th, 2024 [December 8th, 2024]
- Trumps FBI director pick Kash Patel: A clear and present danger to freedom of the press First Amendment News 449 - Foundation for Individual Rights... - December 8th, 2024 [December 8th, 2024]
- Federal judge tosses First Amendment retaliation claim in Gibbs lawsuit - News From The States - December 8th, 2024 [December 8th, 2024]
- Litigation: First Amendment rights violated by Cabarrus County - The Courier=Times - November 26th, 2024 [November 26th, 2024]
- Lee C. Bollinger on the First Amendment, Free Speech, Affirmative Action, and More - Columbia University - November 26th, 2024 [November 26th, 2024]
- 'Free Speech Was Given to Us by God': Why the First Amendment Is in Danger Like Never Before - CBN.com - November 26th, 2024 [November 26th, 2024]
- The Impact of The First Amendment: Essays on the Imperative of Intellectual Freedom - New Ideal - November 26th, 2024 [November 26th, 2024]
- Journal of Free Speech Law: "The Press Clause: The Forgotten First Amendment," - Reason - November 26th, 2024 [November 26th, 2024]
- Kansas nurse Elaine Gebhardt claims First Amendment protection in state board probe of her social media posts - The Sentinel - November 26th, 2024 [November 26th, 2024]
- Thomas pushed to overrule Kagans order in COVID-related First Amendment case where RFK Jr. serves as co-counsel - Law & Crime - November 26th, 2024 [November 26th, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - TribLIVE - November 26th, 2024 [November 26th, 2024]
- Trump Resumes His Endless War Against the First Amendment - The New Republic - November 26th, 2024 [November 26th, 2024]
- Anti-porn lawyers ready to profit from a Kansas age-gating law that may violate the First Amendment - Kansas City Pitch - November 26th, 2024 [November 26th, 2024]
- Its the First Amendment, stupid. Judge tells Florida to stop threatening TV stations - The Daily News Online - October 21st, 2024 [October 21st, 2024]
- Californias deepfake ban cant fool the deep protections of the First Amendment - The Hill - October 14th, 2024 [October 14th, 2024]
- Florida health department defies First Amendment, threatens to prosecute TV stations for airing abortion rights ad - Foundation for Individual Rights... - October 14th, 2024 [October 14th, 2024]
- Hands Off The ConstitutionNever Mess With The First Amendment - Forbes - October 14th, 2024 [October 14th, 2024]
- TikTok v. Garland Oral Argument: Did TikTok Admit It Doesnt Have First Amendment Rights? - The Federalist Society - October 14th, 2024 [October 14th, 2024]
- Balancing First Amendment Rights and Youth Protection | Age and Access in the Social Media Era - R Street - October 14th, 2024 [October 14th, 2024]
- Are we not all Americans living by our first amendment? - TAPinto.net - October 14th, 2024 [October 14th, 2024]
- 476. Words, Actions, and Liberty: Tara Smith Decodes the First Amendment - Skeptic Magazine - October 14th, 2024 [October 14th, 2024]
- Council approves a nine-day clean zone for the Super Bowl. A First Amendment lawyer says its excessive. - WWNO - October 14th, 2024 [October 14th, 2024]
- Newsoms anti-satire law tries to kill the joke and the First Amendment - The San Diego Union-Tribune - October 14th, 2024 [October 14th, 2024]
- A Sign Of The Times: Bourne Bylaw Change Off STM Warrant Amid First Amendment Concerns - CapeNews.net - October 14th, 2024 [October 14th, 2024]
- Banned Books Week? Try First Amendment Week instead - Thomas B. Fordham Institute - October 7th, 2024 [October 7th, 2024]
- Stephens City mayor addresses heated exchange with First Amendment auditor - Northern Virginia Daily - October 7th, 2024 [October 7th, 2024]
- What the US Supreme Courts next term holds for the First Amendment - Reporters Committee for Freedom of the Press - October 7th, 2024 [October 7th, 2024]
- John Kerry Says First Amendment Is Major Block to Stopping Disinformation, Hopes to Implement Change to That - CBN.com - October 7th, 2024 [October 7th, 2024]
- Can AI regulation survive the First Amendment? - Platformer - October 7th, 2024 [October 7th, 2024]