U.N. expert warns LGBTQ+ rights in U.S. under threat
A United Nations expert said that while “enormous progress” has been achieved in the last 50 years, he is “deeply alarmed” that LGBTQ+ rights in America are now under threat at both the state and federal levels.
In a press conference on August 30, Victor Madrigal-Borloz, the diplomatic organization’s Independent Expert on protection against gender- and sexual orientation-based violence and discrimination, also said “equality is not yet within reach and in many cases not within sight” for LGBTQ+ communities in the United States.
The press conference was held after the expert conducted an official visit from 16 to 29 August at the invitation of the U.S. government.
Expert weighs in on state of LGBTQ+ rights in the U.S.
Speaking to reporters in New York, Madrigal-Borloz said: “The conclusion of my visit in this preliminary moment is that there are significant efforts being deployed by the current administration to dismantle systems of social exclusion.”
The expert added that he applauds President Joe Biden’s “very powerful” executive actions during his first days in office seeking to eradicate discrimination and violence against the LGBTQ+ community.
Madrigal-Borloz also said, however, that he is “deeply concerned” about a concerted series of actions at the state and local level based “on prejudice and stigma, to attack and to rollback the rights of LGBT persons.”
He shared that NGOs and human rights defenders have found at least 280 current legislative attempts at the local level that would lead to a regression of LGBTQ+ rights, “and which also create a terribly polarizing narrative that exacerbates already high and worrisome risks of violence and discrimination.”
LGBTQ+ rights in the U.S.: Recent laws and worrisome trends
Madrigal-Borloz’s remarks come after the Republican-dominated government of Florida this summer enacted a “don’t say gay” law forbidding schoolchildren in kindergarten through third grade from receiving classroom instruction on sexual orientation or gender identity. Similarly, the states of Utah, Idaho, West Virginia, and Indiana are fighting to enforce bans restricting transgender student-athletes from participating in scholastic sports.
The expert also cited legislation in Alabama making it a felony to provide gender-affirming medical treatment to transgender youth. He said that in access to health, employment, education, and housing, the LGBTQ+ community primarily suffers.
Meanwhile, Supreme Court Justice Clarence Thomas suggested the right to same-sex marriage could be overturned after the elimination of nationwide abortion rights.
LGBTQ+ rights: Good practices and recommendations
Asked about examples of good practices elsewhere in the world, Madrigal-Borloz said Argentina and Uruguay “have the most sophisticated legislation in the world when it comes to gender identity.”
“Access to legal recognition of gender identity that is simple, that is administrative, that is fast- and they also have programs providing, for example, social integration and employment, including quotas for trans persons in official institutions,” he elaborated.
Madrigal-Borloz stressed that his comments at the press conference reflected only his preliminary observations, and his final report with recommendations will be presented to the Human Rights Council in June 2023.