Stigma in the Courts and Beyond

On Zero Stigma Day, we are reminded that 45 years into the HIV movement, stigma remains one of the greatest barriers to health. We have made tremendous progress in HIV prevention, treatment, and care, but stigma continues to keep people isolated and stop them from seeking the care they need.

In late June, the Supreme Court ruled over two important cases that impact  the lives of trans and immigrant communities across the United States. One case focused on birthright citizenship and the right for children born to immigrant parents in the United States to be citizens. The second case focused on trans athletes and their right to participate in school sports. 

Although the outcomes were different, they share a common thread– targeting marginalized communities to fuel fear and stigma. When people are told, through policy and public discourse, that they are less worthy of protection or belonging, the repercussions go beyond the courtroom. Stigma undermines trust in institutions, and creates barriers to accessing care and support.

Birthright Citizenship - Trump v. Barbara

In Trump V. Barbara, the ACLU challenged Trump’s executive order seeking to end birthright citizenship. In particular the Executive Order aimed to exclude children born to immigrants in the United States as well as those holding temporary visas.

This case argued that birthright citizenship is a constitutional right protected by the 14th amendment and that Trump’s attempt to restrict who is considered a citizen is unconstitutional.

In a 6-3 decision the Supreme Court rejected Trump’s executive order and affirmed that the Fourteenth Amendment guarantees birthright citizenship for those born in this country. This means that it would require amending the Constitution to take away this right and that an executive order from a President does not have the power to do so.

Trangender Athletes and Title IX

In the West Virginia v. BPJ and LIttle v. Hecox transgender students challenged their state’s ban on transgender athletes and one challenged their state on the requirements for “sex” testing. 

Both cases argued that the bans violate the rights of the plaintiffs under the Equal Protection Clause of the Fourteenth Amendment to the US Constitution. In addition, West Virginia v. B.P.J. also presents the question of whether West Virginia’s ban violates rights under Title

IX, the federal law prohibiting sex discrimination in federally funded schools.

The Court ruled that state laws banning transgender women and girls from athletic teams do not violate either Title IX or the Equal Protection Clause.

Since 2020, 27 states have banned transgender women and girls from playing school sports. With this ruling states are allowed, but not required, to force transgender student-athletes to compete on teams consistent with their sex assigned at birth and bar them from teams inconsistent with their sex assigned at birth.

For decades, transgender women and girls have participated in student athletics programs, and schools, coaches, and communities established their own rules for their participation. But in a coordinated effort to exclude transgender people from public life and undermine civil rights laws more broadly, politicians across the country and anti-LGBTQ activists began passing blanket bans on the participation of transgender women and girls.

Zero Stigma Day

The Supreme Court ruling in West Virginia v. BPJ and Little v. Hecox is a heartbreaking ruling that further limits the rights of trans people in the United States. It reinforces stigmas about trans people and athletes that pushes back movements for equality in sports and in our society at large. 

While questioning birthright citizenship reinforces the stereotypes that immigrants are harmful to this country. This rhetoric is de-humanizing and purposeful. As a team composed of queer immigrants, LITS stands committed to cutting through this stigma and building America’s promise of a more welcoming country for ALL communities.  

This Zero HIV Stigma Day, while we raise awareness and take action against HIV stigma, let’s not forget the political determinants of health that perpetuate inequalities in HIV prevention and treatment; thus leading to the same communities (Black and Latine transgender communities) bearing disproportionate burdens of HIV and stigma.