Weekly Full Policy Postcard - 8/16

atenmorin0
Aug 15
3 min read

The Great Unraveling: Marriage, Education, & The Courts

This could be the fall of Roe all over again. Trump's judicial nominees are refusing to say whether Obergefell v. Hodges, the case that legalized same-sex marriage, was rightly decided. (Spoiler: it was). However, this mirrors how Trump's earlier administration picks dodged questions about Roe v. Wade before ultimately voting to overturn it. The Christian right has long targeted both decisions and is working to undo Obergefell just as it did with Roe—through courts, politics, and relentless pressure.

But the threat goes beyond the courts. Trump's executive orders have targeted transgender existence from Day One by threatening funding to any institution with inclusive policies. Many universities and hospitals are caving to this government pressure to avoid costly legal fights, even in states with "good" nondiscrimination laws. This over-pre-emptive compliance is helping Trump dismantle democracy via LGBTQ+ protections, not just in red states but nationwide.

A few examples to help illustrate the point of pre-emptive obedience of universities (which also often include teaching hospitals, which will impact gender-affirming care):

University of Pennsylvania imposed a sports ban and stripped Lia Thomas of her wins, despite state law protecting trans people.
Brown University agreed to ban trans students from bathrooms matching their gender and adopted a binary definition of sex in exchange for restoring $50M in federal research funding. But it's not just bathrooms; it's across all single-sex campus facilities; explicitly applies the definition to dorms, restrooms, locker rooms, and other intimate spaces, not just athletics.
Brown University also agreed to restrict gender-affirming care, change admissions practices, and align with foreign policy demands—far beyond any legal requirement.

These threats, often little more than bluster or executive pressure campaigns, are not binding. They are not law, rule or regulation, and yet, many institutions are treating them as if they are. State Attorneys General must step in, as they are the only legal office standing between autocracy and democracy as we know it. States must enforce their nondiscrimination laws and prevent institutions from preemptively complying with unconstitutional demands. Again, these executive orders carry no legal weight; however, when institutions treat them as if they were law, trans people pay the price.

We must continue to resist! If you have been discriminated against or harassed, file a complaint with the Civil Rights division with the Arizona Attorney General here: (https://www.azag.gov/complaints/civil-rights)

LEGISLATIVE UPDATE

The Arizona Legislature sine die (adjourned their session) on June 27, 2025, until January 12, 2026. We look forward to this next phase of reflecting and strategizing for what's to come in the next session. If you would like to participate in our Policy & Advocacy work, please let us know!

SCHOOL BOARD ACTION

As we all settle into the back-to-school season, Just Schools is working to monitor school boards for both good and bad policy debates. We are all part of a school community and part of civic engagement is at the school board level because school boards matter to democracy.

We're currently taking applications for Hall Monitors to help monitor local public school governing boards. We can train you or your organization on how meaningful this work is to stemming the attacks on some of our most vulnerable youth: trans and nonbinary students.

Hall Monitors are key advocates for understanding local actions and the impacts on students and their families. Hall Monitors will also utilize community supporters to leverage community responses to school board actions. School board meetings are usually held 1-2 times a month, and Hall Monitors can listen and watch meetings in person or on the school district's live stream from the comfort of their own home.

Monitor Arizona's school boards by applying to be a Hall Monitor!

CIVIC LITERACY

Humanity doesn't always send our best. We know that queer students experience discriminatory comments, harassing behavior, and a spectrum of slurs at school from their peers, faculty, and administrators. Discrimination and harassing behavior are not part of growing up and have no place in our classrooms or on our playing fields.

If you have been discriminated against or have experienced harassment at school, consider filing a complaint with the Civil Rights Division of the Arizona Attorney General here: (https://www.azag.gov/complaints/civil-rights)

By documenting your ongoing lived experience, government officials can no longer claim their ignorance of the problem. Bullying, harassment, and discrimination disrupt a student's education and threaten their academic attainment and physical and mental health. Don't be silent.