The Resistance Brief: This week in the fight for justice

Strategies against surveillance

Blog by Ricardo Martinez (he/him), Executive Director

A few weeks back, the Department of Homeland Security eliminated an explicit ban on the surveillance of people based solely on sexual orientation and gender identity via an update to an Office of Intelligence and Analysis policy manual. It happened quietly and was quickly buried under a mounting stack of unconscionable presidential executive actions. But the change evoked a feeling of danger and fear that may be indicative of a broader shift in strategy to intensify political violence against the LGBTQ+ community.

The World Health Organization’s definition of political violence includes the deliberate denial of basic needs (food, health care, education) and human rights (freedom of speech, freedom of association). It’s hard not to brand the attack on our community with political violence when LGBTQ+ people are being removed from government websites and from policies meant to protect us from unlawful surveillance. All while investigations into anti-LGBTQ+ discrimination have all but stopped, nondiscrimination protections in K-12 schools, colleges, and universities are under attack, LGBTQ+ asylum-seekers are being deported without due process, and threats to HIV funding are looming.

The removal of sexual orientation and gender identity from the Office of Intelligence and Analysis policy manual was a rollback of the Biden administration’s efforts to implement the 2020 Bostock v. Clayton County decision, which sought to prevent discrimination based on sexual orientation and gender identity. While this inclusive manual’s language was only four years old, it provided a layer of protection that could prevent some of the unlawful surveillance LGBTQ+ people – disproportionately queer and trans people of color – have experienced throughout history.

This surveillance of queer people has taken many forms: the Lavender Scare in the ‘50s when federal employees were identified and removed from government service because of peddled disinformation that they posed a national security threat; the FBI investigation of one of the first queer rights organizations, the Mattachine Society, because of alleged communist ties; the police raids of gay bars that eventually led to the Stonewall riots; FBI surveillance of ACT UP and the Center for Constitutional Rights in the ‘90s; surveilling and purging gay servicemembers and then the intermediate Don’t Ask Don’t Tell policy. More recent examples include federal law enforcement surveillance of Black Lives Matter protestors, Texas Attorney General Ken Paxton trying to obtain data on the number of Texans who had updated their gender marker on their driver’s licenses, and the US Department of Agriculture asking for the names of LGBTQ+ employee resource group leaders.

During my time in Texas, I became keyed into these types of attacks. It conditioned me to try to recognize patterns in government actions, policy-making, bill filings, and language used by anti-equality lawmakers. What I noticed was that their actions were attempts to create building blocks meant to stretch the permissible parameters of cruelty. Apathy paved the way for going further while community action and resistance moderated and delayed the execution of their anti-LGBTQ+ playbook. Resistance can topple their plans built upon a flimsy scaffolding of bias and fear. Together, we have the power to undermine these plans.

GLAD Law will continue to do our part with our surge-litigation strategy that aggressively pursues justice through swift, strategic action to use all aspects of the law to stop, delay, and reduce the harm of the Trump administration’s unconstitutional actions. Of the six challenges we have filed to date, five have succeeded with temporary restraining orders or preliminary injunctions blocking harmful policies, while one is pending.

To guard against further attacks on LGBTQ+ people, we must all be ready. We know there are proven tactics that can help prevent the proliferation of political violence. So this week, let’s focus on the actions that combat political violence: public condemnation of attacks on our community, building bridges where we can, empowering local communities, early warning and preparing not panicking.

What to do:

  • Review Electronic Frontier Foundation’s Surveillance Self-Defense Guide.
  • Identify 1-2 trusted news sources: It is so easy to go down a rabbit hole of bad news. Pick your trusted sources and monitor your information intake.
  • Add your lawmakers’ office number to your phone: Make sure you use it to remind them to speak out and publicly condemn anti-LGBTQ+ attacks and voice your concerns about unlawful surveillance.
  • Attend town halls and school board meetings: Building resilient communities starts with local participation, public comment, and accountability.
  • Adopt a statewide equality group or local LGBTQ+ center: Early warning mitigates the impact of political violence efforts. Sign up for updates to receive action alerts.
  • Be ready to mobilize: There will be moments that call for large protests and direct action. You can help most by participating directly. But if that is not an option, you can also support that work by volunteering as a legal observer, helping with planning, or delivering essentials like food, water, and first aid supplies.

You can also help GLAD Law continue to act swiftly and decisively to secure even more legal victories:

  • Commit Pro-Bono Hours: If you or your firm want to make a commitment to help address the coordinated assault we are under, please email us to pledge pro-bono commitments.
  • Join GLAD Law’s Lawyer Referral Service: Assist LGBTQ+ community members in need of answers to legal questions.
  • Donate Generously: Become a monthly donor to ensure steady, dependable support. Interested in anchoring an upcoming fundraising campaign to secure funding for our rapid response visionary leadership? Reach out to us!

What else to know: 

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