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Is Unity Best? How Government Systems Guard LGBTQIA+ Rights 

by | December 7, 2024 | Time 4 mins

Hello dears, that rumbling you hear isn’t the sound of political thunder – it’s the steady drum of a constitutional democracy doing its thing. 

Every time headlines scream about sweeping changes to LGBTQIA+ rights, our government’s architecture quietly whispers “not so fast.” 

And trust us, it’s got receipts.

You see, while everyone’s mentally preparing for the departure of our rights through their feeds, something rather remarkable is happening: those dusty old checks and balances your history teacher droned on about? 

They’re serving democratic realness, and they’re doing it with surprisingly fierce dedication to stability.

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A vibrant display of rainbow Pride flags waving joyfully during a sunny outdoor celebration, symbolizing love, equality, and LGBTQ+ unity.

Uncle Sam – He’s Complicated

Here’s the thing about American democracy – it doesn’t do solo acts. 

The Founders had trust issues. 

It’s like the water before a hookup, you never know what could happen or how long it could take. 

So, what do you do? You start early. 

  • No large meals beforehand. 
  • A 40-minute shower. 
  • Extended TikTok toilet times. 

And the founding gathers, they were just as anxious as you were. 

And wow, did that work out in our favor. 

They created three branches of government that function like the world’s most dramatic group project, where everyone has to sign off on major decisions.

Think of it as the ultimate reality show:

  • Executive Branch: The face of the franchise (but can’t write their own rules)
  • Legislative Branch: The drama-filled writers’ room where laws actually happen
  • Judicial Branch: The judges’ panel that decides if everyone’s playing by the rules

Executive Orders to Judicial Reviews (What A Plot Twist!)

Remember when everyone panicked about executive orders? (About as likely to single-handedly change constitutional rights as a peaceful Pride planning committee.) 

Here’s the scoop: executive orders can direct federal agencies on how to interpret existing laws, but they can’t create new ones. That’s Congress’s gig and getting anything through Congress is like herding cats at a dog show.

The Supreme Plot Armor

Let’s talk about the judicial branch, specifically the Supreme Court. Much like the Mattachine Society’s strategic patience in the 1950s, the judicial system moves deliberately – frustratingly so, sometimes. 

But this sluggishness? It’s actually a feature, not a bug. Major decisions protecting LGBTQIA+ rights, from Lawrence v. Texas to Obergefell v. Hodges, can’t just be wished away by a new administration.

Legislative Realness: Congress Enters the Chat

You think changing federal laws is easy? 

Wake up…

  • Majority support in the House (that’s 218 votes) – remember how the Equality Act passed the House in 2021 but couldn’t clear the Senate? That’s giving us Groundhog Day realness.
  • 60 votes in the Senate to overcome the filibuster (that’s harder than getting RuPaul to admit his actual age). Just look at the Employment Non-Discrimination Act (ENDA) – it spent more time in legislative limbo than Madonna spent preparing for her tribute to Aretha.
  • Presidential signature (or a veto override requiring even more votes than the number of T Swift’s backup dancers). The last time we saw a major LGBTQIA+ rights bill get this far was the repeal of Don’t Ask, Don’t Tell in 2010, and that took more plot twists than a season of Pose.

Get where we are going with this?

It takes a lot for anything to happen, and it’s by design. 

The State of the States: The Plot Thickens

Remember federalism? We don’t like her either, but she’s still that girl. 

States have significant power to protect LGBTQIA+ rights, creating a patchwork of protections that can’t be undone with a single federal action. 

Think of it as having multiple backup drives for your rights – redundancy as resistance.

So, next time someone screams that states rights will hurt us, you can politely redirect them to saunter swiftly out of the room because you got the good info you need to stay informed. 

The Real Game: Long-Term Strategy

Much like how the Compton’s Cafeteria riot sparked networks of trans support that evolved into enduring organizations like the National Transsexual Counseling Unit, the American system of checks and balances creates multiple layers of protection for civil rights. 

Each branch can check the others’ power, making it difficult for any single actor or movement to dramatically restrict established rights.

What’s Next? (Besides Your Anxiety)

Whether you’re a first-time voter or a seasoned activist, understanding these systems matters. 

The next time someone tries to spark panic about immediate dramatic changes to LGBTQIA+ rights, remember:

  • Executive orders have limits
  • Court precedents have staying power
  • Legislative change requires broad consensus
  • State protections add extra security

Sound familiar? It should. 

Just as our community has built resilience through decades of strategic activism, the American system of government built in structural protections against rapid erosion of rights. Fascinating, really.

The question isn’t whether checks and balances will protect LGBTQIA+ rights – they already are. 

The question is: how will we use our understanding of these systems to build even stronger protections for our community?

And no, the answer isn’t just retweeting hot takes about constitutional law.

Let us know your thought below in the comments. 

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Sean Kivi

Sean Kivi

Author

Sean Kivi holds a master's degree from the University of Nottingham in translation studies from Spanish to English. He specializes in writing about gay culture and its influence on discourse. Sean speaks Spanish fluently and focuses on translating gay-themed literature to English and analyzing the discourse to understand how our culture is universal yet distinct in countries worldwide. He has translated for authors in Mexico and completed case studies related to machismo and its influences on gay culture in Latin America.

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