LGBTQ advocates have racked up a string of wins as they challenge bans on gender-transition care for minors, trans sports laws and restrictions on drag shows.
Paul Smith, who successfully argued the 2003 landmark Supreme Court case Lawrence v. Texas, which found the U.S.’s remaining sodomy laws unconstitutional, said the repeated victories for LGBTQ people and advocates are “a sign that these laws are mostly being thought up based on their appeal to a certain frenzied group of people in the country who were very excited about picking on LGBTQ people right now, not based on their legal merits and sustainability.
The Alliance Defending Freedom, a conservative Christian legal advocacy group involved in many of the statutory battles defending state laws that restrict LGBTQ rights, isn’t fazed by the recent setbacks. Most of the LGBTQ advocates’ recent legal wins are not yet done deals, and legal experts expect some of them to reach the Supreme Court.
“Winning first is huge,” Owsley said. “What happens on appeal is based on the record at the trial level. If you have a ruling that is favorable at the trial level, there’s probably been the development or the creation of a record that’s very strong or favorable to the individuals challenging whatever ordinance or rule is at issue.”
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