Finn Johnson Presents on the Constitutionality of Anti-Trans Legislation (or Lack thereof)

 

(Photo courtesy of Finn Johnson)

Are your rights under attack?

Finn Johnson argued that they are when presenting Jan. 25 at LBCC on the topic of anti-constitutionalist, anti-trans legislation. 

Johnson has a bachelor’s degree in sexuality, gender, and queer studies from Portland State University, a master's in women, gender, and sexuality studies from Oregon State University and is currently a doctoral student at OSU in women, gender, and sexuality studies, as well as ethnic studies. 

Johnson spoke at LBCC’s Diversity, Equality, and Inclusivity Office on the Albany campus. Upon entering you see a table with event flyers and complementary masks and hand sanitizer. In the back of the room another table displayed a sign up sheet and free drinks. On the left of the room is the podium where presenters speak, and on the right a corner of armchairs surrounding a coffee table. Sprawled across the center of the space are various chairs and tables for the audience. 

As students entered they were greeted by event organizer Gaby Esquivel, who spoke before Finn’s presentation. They welcomed the audience and said the Diversity Equality and Inclusivity Office is like a “second home on campus,” and that the room is where the Gender & Sexuality Alliance meets every Friday. 

Johnson began by saying that while he is not a lawyer, he has a focus on law and is “passionate about helping queer and trans people understand their rights.” This is a particularly important time to do so, he said. 

“2023 is arguably the most historically awful year for anti-trans legislation” with “almost 600 bills introduced over the course of the 2023 legislative session in all 50 states.” 

Unfortunately, he added, 2024 is gearing up to be even worse with “almost 400 (bills introduced).” So it’s more important than ever that those in the LGBTQIA+ community and allies stay informed about their rights. 

He said the justification for these bills isn’t evidence-based, and that “misinformation has not been effectively combatted.”

Johnson explained how many of the anti-trans bills being proposed and passed across the nation violate the First and 14th Amendments.

“The First Amendment does a lot of things, it protects a right to freedom of association, freedom of speech, so right now we need to think about how freedom of speech is being challenged in terms of anti-trans legislation.” 

For example, the “Don’t Say Gay” bill passed in Florida by Gov. Ron Desantis, HB1557, “inhibited the free speech of faculty and students in expressing their gender identity and sexual orientation at work and at school, and it also forbid instructors and faculty from teaching about materials that are LGBTQIA in nature.” 

“The 14th Amendment guarantees all American citizens will be protected equally, meaning no identity group should be targeted based on an aspect of their identity which is unchangeable,” such as being transgender, he said.  

Johnson said there is some hopeful legal action being taken against this type of Legislation. "In 2020, Bostock v. Clayton County, Georgia established that discrimination against transgender people is a form of sex discrimination, which is illegal under the 14th Amendment. This set a legal precedent that can be used to understand attacks on trans rights as sex discrimination because gender discrimination is a form of sex discrimination. We have seen some significant wins in court in the realm of trans rights. We've seen drag bills defeated in many states, bathroom bills and gender-affirming care bans blocked, and the right to misgender, deadname, or bully students named as unconstitutional under the14th Amendment."

For those interested in getting involved, Johnson said, his “best suggestion is if they see a bill that feels threatening to them, even if it’s not their own state, they can look up the legislators that’re sponsoring this bill and they can write them directly via a physical letter or an email and they can call.” He added, “You can write a joint letter with a group of people or maybe get a club sponsor to sign off on it or an organization sponsor.” 

Another option, he said, is volunteering with a legal advocacy group, such as Basic Rights Oregon. 

On their website they say their mission is to “ensure that all lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, and asexual Oregonians experience equality by building a broad and inclusive politically powerful movement, shifting public opinion, and achieving policy victories.”

Finally, Johnson encourages people to talk to those “who are not transgender about the impact of anti-trans legislation.” 

“One of the best tools for fighting this kind of hate is actually just education,” he said. “Just talking about it with people and normalizing having conversations about transgender people and their struggles. Because many cisgender people I think do want to help and are well-intentioned but just don't know how, or feel like they may be intruding.” 

At the same time, Johnson said, “Any type of activist work comes with risk and it has to be a risk you’re willing to take on.” He recommends  “limiting (your) public online presence” and “making sure you have community support and, if you belong to an institution, institutional support.” 

GSA advisor Anne Magratten says that while she is not yet seeing any direct impact of anti-trans legislation on their students, they see a lack of support. 

“They face opposition with name changes and legal and administrative environments” and some have let her know that “their healthcare provider was not equipped to help them.”

Magratten hopes students who feel the impact of the onslaught of anti-trans legislation know “(their) feelings are completely understandable and I’m so sorry you're facing this type of adversity to your human rights.” They would also want to “remind them there's an amazing group of queer people and allies who are working to take some of that burden away.” 

Students looking for an accepting community may want to join LBCC’s GSA, which Magratten says is “a group of students forming queer community (who’re) there to support one another and provide some educational programming when possible, address equity issues relating to the queer community on campus, and just have some fun together.”

After the presentation, the audience had a reflective discussion over pizza about the topic and covered issues such as art, safety, and finding LGBTQIA+ joy in the face of these troubling times. 

At a Glance:
What: “The Anti-Constitutionality of Anti-Trans Legislation,” a presentation by Finn Johnson
When: Thursday, Jan. 25
Where: Forum 220, LBCC Albany Campus, 6500 Pacific Blvd. SW
Website: www.linnbenton.edu/about-lbcc/institutional-equity
For More Information: www.erininthemorning.com