Last time, I discussed the specifics of the recent anti-trans legislation that became law in Arkansas in the spring of 2021. Here, I’m discussing combattting anti-trans legislation in Arkansas in terms of stopping the legislation from harming the intended targets of the legislation.
The first bill, Senate Bill 354, titled “To Create Fairness in Women’s Sports Act,” bans trans students from playing on sports teams with the gender they identify with. The second bill, House Bill 1570, titled “To Create The Arkansas Save Adolescents from Experimentation (SAFE) Act,” bans trans youth from receiving gender-affirming care. This one has been blocked from taking effect by an order of the 8th circuit federal court.
As was pointed out in the previous article, one of the difficulties in repealing these laws is that the population impacted by the legislation is small. It is estimated that there are approximately 1450 trans youth in Arkansas. Considering how this group is already navigating a tricky social and political minefield, there’s seems to be a pretty high likelihood that these kids and their parents don’t want to call attention to themselves, or any extra attention. In terms of impact, these kids’ families also experience the effects of the laws, and while they might want to do something, they might feel it’s in their children’s best interest to move somewhere more welcoming rather than not only outing their kids, but get into a protracted, potentially years-long struggle, where things could get worse before they might get better.
BOYCOTT ARKANSAS
At the time the laws passed, some people suggested boycotting Arkansas and trying to move events like the cyclocross worlds out of the state. Such calls came both from inside and outside the state. Intransitive, an Arkansas group that supports trans kids, posted a petition on their site advocating for moving all National Collegiate Athletic Association (NCAA) events and the UCI Cyclocross Worlds out of Arkansas. The petition is still on the site and a representative of Intransitive still seems to be suggesting that outsiders listen to people like themselves in Arkansas and boycott.
Boycotts can be tempting. In most cases, it doesn’t call on the individual to do much (unless it has to do with canceling Amazon Prime). It frequently doesn’t take effort not to do something. But boycotts only work if there’s a collective boycott big enough for those being targeted to feel some kind of pain, usually financial though sometimes a dent in one’s image in some way, sufficient to either make direct change or reach out to lawmakers to make the change wanted.
It’s hard to see this strategy working for cycling in Arkansas. For one thing, visitors from outside the state for Worlds won’t bring in enough people or enough dollars to make a huge impact. The Worlds might draw 16,500 people to the Fayetteville area, spending somewhere in the range of five to seven million dollars in the state (numbers based on what the Louisville Sports Commission reported from the 2013 CX Worlds there). That money will help businesses in the area and will bring tax dollars to the state’s treasury. But, when the nearby University of Arkansas Razorbacks Stadium holds 72,000 people, hosting not only football games—about five a season, cheapest seats $45 and an upper deck season ticket going for $1649—but some concerts, it’s hard to see the money being noticed at the statehouse. Even locally, it might only be a slightly busier weekend out of many.
THE LONG SHADOW OF WAL-MART
Furthermore, much of the money that was spent to bring the Worlds came from non-profit arms of the Walton family, the scions of the Wal-Mart fortune. This area of Arkansas is home to both Wal-Mart and the Walton family. The family, in various ways, has been pouring millions of dollars into northwest Arkansas (NWA), and they won’t feel any direct financial hit from people not showing up.
While the Walton family seems to strenuously avoid interacting with the media in any way, shape, or form, Tom Walton, one of the Waltons behind the Runway Group and RZC Investments (owners of Rapha and Allied Cycleworks), released the following statement on the Walton Family Foundation (WFF) website.
“We are alarmed by the string of policy targeting LGBTQ people in Arkansas. This trend is harmful and sends the wrong message to those willing to invest in or visit our state. We support Gov. Asa Hutchinson’s recent veto of discriminatory policy and implore government, business, and community leaders to consider the impact of existing and future policy that limits basic freedoms and does not promote inclusiveness in our communities and economy.
“Our nation was built on inalienable rights and strengthened by individual differences. Arkansas has been called the land of opportunity because it is a place where anyone can think big and achieve the extraordinary. Any policy that limits individual opportunity also limits our state’s potential.”
And both Wal-Mart and the WFF seem to support LGBTQ+ groups in Arkansas. They are listed as supporters of a number of LGBTQ+ groups in Arkansas, including NWA Equality. And shortly after the bills passed, Tom Walton along with Olivia Walton announced a $1 million donation set-aside for Arkansas-based LGTBQ groups. Granted, with Wal-Mart’s size, importance in Arkansas, and the family’s fortune, they can afford to have it both ways, supporting both LGBTQ+ groups and bigoted lawmakers without being penalized by either group. According to Open Secrets, Wal-Mart spent nearly $5 million on lobbying in 2021; they’re not averse to opening up their checkbook when it comes to promoting their interests.
Likewise, Experience Fayetteville, the local tourist board and organizer behind the CX worlds, immediately issued a statement denouncing the law, and the director, Molly Rawn, has added her name to a statement on the Reconcile Arkansas website supporting repeal of these laws.
NWA IS SEEN AS OUT OF STEP, IN A GOOD WAY
Speaking with several involved Arkansans, most seem to feel that a boycott won’t work. They point out the fact that NWA, where the Worlds is happening, is a more accepting and inclusive place than many other areas of Arkansas, so boycotting them won’t open their eyes to the injustice or change their minds.
Joseph Porter, head of NWA Equality, was pretty emphatic in explaining why he didn’t think a boycott would be effective. “These cycling events have no impact on the state’s coffers at all. All you’re doing is negatively impacting this region and doesn’t affect the rest of the state. This area is pretty blue, pretty well educated. It’s just a different situation that we have up here. The major corporations are based up here, and they all released statements of support when these things came out. And they all have employee resource groups that are funded and functional. It’s a very different climate.” In addition to Wal-Mart, Tyson Foods, the Arkansas Chamber of Chamber of Commerce locally and more than 70 big businesses nationally have spoken out against the legislation.
If there was a way for outsiders to boycott, it would involve targeting large businesses that spend on political candidates in Arkansas as well as businesses that are considering making large capital investments in the state. Doing this would both be painstaking and slow-going. First, one would have to figure out which national businesses are showering money on politicians, and then convince a huge number of people to let those businesses know that such support is wrong. Compounding the problem is that it’s unclear how much politicians need the money; it doesn’t appear that races for most seats in the Arkansas General Assembly are competitive, and don’t need much in the way of donations.
ENGAGEMENT
Changing politicians’ minds in the absence of financial incentives means changing their minds via political incentives. Local political contests usually have low turnout because they’re not very competitive, so extreme positions taken as a result of emotional pitches are often advantageous. And that’s how these anti-trans bills were framed.
While the harm of these bills already seems pretty real—in the three weeks after HB1570 passed, four trans Arkansas youths attempted suicide–it’s not easy to show. Proponents of these bills talked about trans kids in the abstract because they had no proof of harm, and the abstract was threatening enough to enough people that rational discussions of it being false weren’t heard. Those speaking out against the harm the bills would create likewise had no examples to go with, as such bills hadn’t been turned into law anywhere.
Opponents of these bills probably need to motivate the constituents of state politicians to make change happen. And that probably entails a grassroots effort of meeting with and appealing to countless business, cultural, and religious leaders, and convincing them that the bills are wrong. Big business in Arkansas has already gone on record in opposition and that didn’t stop the legislation.
I asked several people what could be done. It didn’t seem that they were hopeful of change coming through the statehouse.
KC Cross, a cyclist and mental health clinician at the University of Arkansas, is also a cyclist and advocate. They say, “First is educate yourself as to what’s going on, use that trip to bring more awareness to the anti-trans legislation, how folks are treated, how the rights are being threatened and taken away. Blow it up. Show your support for the queer, trans, non-binary people so people see that they’ve done a disservice by not supporting people here.”
A hard thing for those in the LGBTQ+ community is feeling that their rights are seen as optional by those they live around. Cross says, “At this point, if you’re not willing to fight for the rights of all people, you don’t want to. It’s hard and uncomfortable, but it’s hard and uncomfortable watching your rights being taken away.”
PASS THE MIC
Cross, among others, spoke at an event called Pass the Mic, a conversation series in Arkansas promoted by Trailblazers + ETHIC, a trails & advocacy group. Participating, or at least listening, is a way organizers believe people can get involved in change. The series is to spur discussion, with “invited to lean in and listen to experiences from marginalized communities.” The series will have their third event on the eve of Cyclocross Worlds. Their first talk can be found on YouTube.
Trailblazers + ETHIC’s event manager Lauren Hildreth sees it as, “aimed at primarily the regional cycling industry, stakeholders, those who are already engaged in the cycling world. Trying to help bring everybody into the same room.” Starting local, starting with a group that is potentially sympathetic. Getting everyone aligned. At the same time, it’s a signal that this is a long process and people should be ready for that.
I’ve mentioned a number of non-profit groups that would have reason to publicly oppose the legislation and would seem to be poised to lobby for the overturning of the laws. It isn’t that simple. If the non-profits are chartered as 501(c)(3) organizations, which most seem to be, they are legally prohibited from lobbying. The IRS explains, “In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.” Of note, the conservative group ALEC (American Legislative Exchange Council) is a 501(c)(3), seems to exist for lobbying and might have had a hand in these bills; they seem to be taking advantage of a grey area in the wording of the law.
It would be great if there are groups were formed explicitly for lobbying state legislators, but it doesn’t seem like there are any yet. That doesn’t mean that people aren’t already doing that, but so far, I haven’t heard of it happening.
THE COURTS
With HB1570 blocked by a federal judge, it’s tempting to throw everything behind legal challenges. It might feel that the courts are the best way to stop legislation like this. It’s both true and false simultaneously. While the courts can stop such legislation, there is no guarantee. And even if they stop this legislation, that doesn’t mean the same groups that put forward these bills won’t craft another one in the hopes of trying to evade scrutiny, or will appeal and appeal until they get a sympathetic hearing, or that the folks who crafted these bills won’t try to influence the hiring of judges sympathetic to their cause.
The hope with getting the courts to solve the problem is that if they overturn the law, it will create an opening where those who merely went along with the law will see that the law was either wrong or not necessary. And that possible change might help prevent another similar law from being proposed and approved. This is what people who support marriage equality are hoping Obergefell v. Hodges will have done–once it’s normalized, they’re hoping not enough people will want to back to the days prior.
Regardless of what happens when the Brandt v. Rutledge is heard at the Eighth Circuit come July or later in 2022, the losing side could still appeal. And that appeal could potentially be appealed to the Supreme Court, so it could take years before this is settled, or rather “settled.”
And that still leaves the other law in place. At least until a brave trans youth and their family step forward to claim injury. And then the legal process would probably play out as above, taking years to be adjudicated.
WHAT TO DO
In speaking to people on the ground in Arkansas, it doesn’t seem that there is a strategy for changing the law at the moment. At this point, increasing awareness seems to be the most concrete thing that’s happening.
Experience Fayetteville, the organizers behind the Worlds has set up partnerships with Bike.POC and NWA Equality and possibly some others so that those groups are receiving a percentage off the sales of alcohol and other things at the event. There might possibly be booths/tables from LGBTQ+ groups in the exposition area at the venue, but that doesn’t seem to be happening.
For those looking to help, money would seem to be a good thing. Porter says, “LGBT organizations are severely underfunded here. We’re not as lucky as other states as being able to organize that way.” The ACLU certainly needs it, as do many others. Hildreth mentioned, “We have a strong PFLAG chapter, the NWA Equality Center, Transgender Equality Network, Intransitive Arkansas, and the Gender Spectrum Clinic through the AR Children’s Hospital.” Others are Bike.POC and Reconcile Arkansas.
For outsiders, however, possibly the most important thing is to make sure similar bills don’t pass in their home municipalities and states. As Holly Dickson of the Arkansas ACLU wrote, “One other thing non-Arkansans can do is to push that every state and the federal government pass civil rights protections for LGBTQ people. Our state civil rights law does not provide protections against discrimination based on gender identity or sexual orientation. And it should.” This might be the long game to play, even though it’s not going to help trans youth in Arkansas soon enough. But when more than half the states are considering some form of anti-trans legislation, most states are either a battleground or possibly soon to become one.
One thought on “Combatting Anti-Trans Legislation in Arkansas”