Another primary season has come and gone. Time to get ready for the general election in November. Are you ready? Take a deep breath. I know I already have. Many times.
This year’s primary on Tuesday, Aug. 23 was at the beginning of a new school year and follows an extremely hateful and aggressive Florida legislative session. Most years, the memories from the 60 days of session would quickly fade into the background and my attention would turn towards the new possibilities for students starting a new school year.
Depending on my role: parent, teacher, LGBTQ+ youth center director, and as a student myself, the new school year was always full of nervous energy. Often, this energy was a volatile combination of optimism, hope, and shear fear – I’ll let you guess what role dictated which response.
But this year is different. This year, I can’t help but feel my usual hope overshadowed by the dark memories of the session. The hostile, false, anti-LGBTQ+ attacks have been relentless.
Unfortunately, more hateful legislation passed in 2022 than we would have hoped – and while we wait to see those legislative embarrassments litigated – we must stay focused on the current election cycle.
There are growing efforts to secure and protect LGBTQ+ rights in Florida and across this nation. Many of those efforts are now happening administratively – or within departments within elected administrations – at the federal and state level. Now, that’s not a very exciting process to observe, but it is fundamental to our government and wasn’t probably covered in most civics’ classes.
Federally, the U.S. Department of Education has proposed amendments to ensure Title IX regulations would include clarifying that the prohibition on discrimination based on sex also applies to discrimination based on sexual orientation and gender identity. The due date for comments is Sept. 12.
The U.S. Department of Health and Human Services has also issued a proposed rule on Section 1557 of the Affordable Care Act to revise nondiscrimination provisions to prohibit discrimination on the basis of sexual orientation and gender identity in its regulations. The due date for comments is Oct. 3.
Typically, administrative rulemaking is a rather mundane process involving the submission of very technical documents from subject matter experts. Most Americans may never find their way to a website to learn about the rulemaking process or likely to ever attend a hearing relating to rulemaking.
However, Florida’s rulemaking this year has been weaponized to target the LGBTQ+ community, and specifically the transgender community. These administrative battles have been rife with misinformation and disinformation and, quite frankly, bigotry.
Since April, the DeSantis Administration has used three state agencies to attack transgender Floridians. DeSantis filled the Florida Department of Health, the Agency for Healthcare Administration, and the Florida Board of Medicine with political allies, and is leveraging that political power to proactively work to ban or limit transgender affirming healthcare for adolescents and adults in Florida.
Everyone should be outraged at the prospect of any limitation or ban on transgender-affirming healthcare. When medical care or a specific course of treatment is provided for some but denied to others merely because of who they are – it is discriminatory. These attacks on transgender Floridians are capricious and politically motivated. Denying best practice medical care and support can and will be life threatening. And this fight is just beginning.
To date, only one change has occurred. As of Aug. 21, 2022, Medicaid has removed coverage for transgender affirming healthcare for adolescents and adults. That’s it so far. However, the Florida Board of Medicine is expected to take up rulemaking regarding transgender affirming healthcare. Whether that is before or after the November elections is unknown. We must stay vigilant and ready.
The examples of bigotry in our government are far too prevalent. The shadow of 2022 still lurks. Thankfully, I have also witnessed our community rising up. Many of us are becoming advocates in unexpected ways because this year demanded it from us.
We as LGBTQ+ people are everywhere. Our existence, presence and collective advocacy at the state capital, in our local communities and in media this year has created a phenomenal wave of truth telling and power. Many of the most powerful moments were led by students.
As I am now getting caught in the school zones again, I see long lines of yellow school buses and that nervous energy is back. I think about the LGBTQ+ students who protested this spring and I am proud. Their youthful advocacy energizes me. And I am reminded that while these students go back to school to learn and grow through their fall semesters, it is in a way back to school for all of us.
The general election approaches. Soon, the ballots with bubbles to fill in will arrive. We must remember the lessons from our student days and fulfill our civic duty. There is homework to be done.
Our assignment is due on Tuesday, Nov. 8.
Nathan Bruemmer is an LGBTQ+ advocate and social justice warrior uplifting our youth and transgender community.
