At the ACLU, we've long believed that real people's stories about their lives are the key to changing the minds of the public when it comes to full equality for same-sex couples. And some stories we've been hearing from some of the plaintiffs in Donaldson and Guggenheim v. Montana, a case we recently filed in Montana, really bear that out. The plaintiffs in this case want the right to protect their families with the same kind of legal protections that opposite-sex couples are offered through marriage. Because Montana has a constitutional amendment barring marriage for same-sex couples, the couples in the lawsuit are asking for state-recognized domestic partnerships, similar to those in place in several other states.
Kellie Gibson and Denise Boettcher
Kellie Gibson (left) and her partner of 11 years, Denise Boettcher, live in Laurel, Montana. A few days ago, Kellie sent me a note she received on Facebook from a former coworker:
"I am not sure if I ever told you this, but I came from a very conservative background… (I)t is often hard to separate ourselves from some of the stereotypes and prejudices we've grown up with about marriage / families / etc...
"Regardless, I want you to know that you guys have really impacted my views about family and I enjoy using your story (not specifically using your names) in discussions about gay marriage, equal rights, etc... It's funny how some of the most staunch anti-gay (and yep, I'm not mincing words) folks I know tend to soften when they actually hear true stories about people who are truly impacted by the biases."
Mary Leslie and Stacey Haugland
One of the other plaintiffs in the case, Mary Leslie, manages the meat department at the Bozeman Food Co-op. Her partner of 12 years, Stacey Haugland, who works as a certified professional midwife, says they've had similarly positive reactions:
"All day long people come up to the meat counter and THANK Mary for participating in the lawsuit. My clients have thanked me -- all of them. My conservative Christian clients (that I was worried I would lose) have decided to pay me early so that I understand where I stand with them. And then it's the little interactions, the waitress at the cafe complimenting us on the nice article, the strangers on the street who say, 'Way to go, you're famous now' when we are out on our middle-aged lady after dinner walks. Every positive letter in the Bozeman Chronicle has been written by someone we know -- I was their midwife, we worked together on a human rights schools initiative, etc. The affirmation of our place in this community has been constant and overwhelming.
"Last night we ran into one of the local preachers I have worked with on many issues over the years. She asked if we had had any hate mail. Reassured that the opposite was in fact the case, she told us to call the minute we got any flack and she and her congregation would be there for us. Really, it has been lovely for us."
The next day, Stacey had even more to report: "Mary was approached by an elderly woman in the store yesterday. 'You're the woman in the lawsuit!' And this was the first time Mary thought she was going to get a negative reaction. But the woman followed with, 'My daughter and her girlfriend are expecting their second child next month in California. It's about time Montana catches up with our families.' It is amazing to see how deeply people are touched by this issue."
Kellie and Denise had a surprising encounter as well one day when they went to pick up their five-year-old son: "Today, a parent came up to us outside of where Morrgan was going to Vacation Bible School. We did not know her. She started out by saying, 'You are the people that have been in the paper.' Denise said yes and extended her hand. The woman says, 'I just want you to know I am a supporter.' Our kids will be in kindergarten together. It was an amazing exchange."
You don't have to be a plaintiff in an ACLU lawsuit to help your friends, neighbors, and coworkers better understand our lives and why it's important to support legal protections for same-sex couples. As University of California, Davis, psychology professor Gregory M. Herek's research points out, in order to really change anti-gay attitudes about our relationships it's important for all LGBT people to not just be out — we have to really share the truths of our lives, our commitments, and our experiences with those around us.
Like Kellie's former coworker discovered, talking with people in your life about the real lives of real families can make a very, very real difference. You can learn more about how to start these conversations at our Tell 3 website.
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Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON — The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The American Civil Liberties Union is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for “medical interventions for the treatment of gender dysphoria” such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would “permanently ban transgender medical treatment for minors.” The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. “By passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,” said Mike Zamore, national director of policy & government affairs at the ACLU. “This unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden’s legacy of defending the civil rights of transgender Americans — including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson’s last minute health care ban for servicemembers’ kids.” If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military’s since-repealed “Don’t Ask, Don’t Tell” policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the ACLU, the ACLU of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. – A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver’s licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status – as the state is engaging in here – is a form of sex discrimination that violates the Montana Constitution’s equal protection clause. The plaintiffs, two transgender women, are represented by the American Civil Liberties Union, the ACLU of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: “After finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.” “Once again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,” said Akilah Deernose, executive director for the ACLU of Montana. “Here in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.” “Forcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,” said Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project. “Such a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.” In granting the plaintiffs’ motion for a preliminary injunction, the court held, “[i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.” The state has the option of appealing the district court’s ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
On September 30, 2024, the Florida Department of Corrections rescinded its policy regarding treatment of gender dysphoria, which allowed for hormone therapy when deemed medically necessary, as well as access to clothing and grooming standards that accord with one’s gender identity. Under this new policy, grooming and clothing accommodations have been stripped away, and hormone therapy is not permitted unless an exception is deemed constitutionally required. The ACLU brought a class action challenging the policy. -
IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.