White House press secretary Jen Psaki has repeatedly condemned a wave of state-level efforts aimed at LGBT+ Americans, including bills targeting transgender youth and LGBT+ students, teachers and their families.
In her emotional rebuke of the legislation on Jessica Yellin’s News Not Noise podcast, Ms Psaki characterised such efforts as Republican attempts to win a “culture war” relying on attacks on LGBT+ people as a political wedge issue ahead of 2022 midterm elections.
More than 300 pieces of state-level legislation in 2022 target transgender student athletes, healthcare for transgender young people, and classroom instruction on “sexual orientation and gender identity”, among other measures that LGBT+ advocates argue are violations of federal antidiscrimination laws that marginalise already-vulnerable young people.
“The political games and harsh and cruel attempts at laws ... that we’re seeing in some states like Florida – that is not a reflection of the country moving to oppose LGBTQ+ communities. That is not what we see in data, that is not factual and that is not where things stand,” she said.
She added: “This is a political wedge issue, an attempt to win a culture war, and they’re doing that in a way that is harsh and cruel to a community – of kids, especially. I’m going to get emotional about this issue. It’s horrible.”
While appearing to speak through tears, Ms Psaki said officials promoting such legislation “are taking steps to hurt them, and hurt their lives and hurt their families, and you look at some of these laws in these states, and it’s going after parents who are in loving relationships who have kids. It’s completely outrageous.”
“Sorry, this is an issue that makes me completely crazy,” Ms Psaki said.
She pointed to the recently enacted “Parental Rights in Edudation” Act in Florida, dubbed the “Don’t Say Gay” by its opponents, which broadly probihits classroom instruction “on sexual orientation or gender identity” in kindergarten through third grade or “in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards” in other grades.
Ms Psaki argued that the law could prevent students from discussing their LGBT+ families and friends; opponents of the measure have argued that the law could chill classroom speech about LGBT+ people, history and events, or students’ families, or questions from students about any of those issues, under threat from potential lawsuits against school districts over perceived violations.
“This is penalising teachers and educators,” Ms Psaki said. “There are so many layers of this that are outrageous and I hope people continue to educate themselves on this. It is a bad side of politics, is what I will say.”
Ms Psaki also argued that such efforts fly in the face of public opposition.
Nearly eight in 10 Americans support laws to protect LGBT+ people from discrimination in jobs, housing and public accommodations, according to a Public Religion Research Institute survey released this month. In 27 states, there are no explicit statewide measures to protect all people from discrimination on the basis of sexual orientation or gender identity in employment, housing and public accommodations, according to Freedom for All Americans.
That survey also found that 68 per cent of Americans support marriage equality, marking a rise in support from just 54 per cent in 2014.
Another March poll, conducted by Ipsos in partnership with ABC News, found that 62 per cent of Americans oppose so-called “Don’t Say Gay” legislation, while 37 per cent support it.
Driving the opposition, however, are Republican voters. Sixty-one per cent of Ipsos poll respondents who identify as Republican voters support restrictive measures compared to only 20 per cent of Democratic voters and 35 per cent of independent voters.
At least a dozen other states have advanced legislation that mirrors Florida’s measure, which Governor Ron DeSantis signed into law on 28 March. A group of LGBT+ advocates and civil rights attorneys have filed a lawsuit to block it.
President Joe Biden’s administration has urged congressional passage of the Equality Act, which would expand federal antidiscrimination protections to LGBT+ people in employment, housing, credit, jury service, and federally funded programmess, including healthcare and education. That bill is stalled in the US Senate.
The US Department of Justice also has issued a letter to all state attorneys general reminding them of federal constitutional and statutory provisions that protect transgender people from discrimination.
