The Lavender Scare: Then and Now (Presented by The Federal Bar Association LGBTQ+ Law Section)

This session explores the historical context of the Lavender Scare from the 1940s through 1960s, examining its roots in criminal and religious law dating back to the Buggery Act of 1533. Key federal actions including Public Law 615, Executive Order 10450, and landmark cases like Norton v. Macy and Society for Individual Rights v. Hampton are analyzed.

This session draws parallels between historical tactics and contemporary legal challenges facing the LGBTQ+ community. The Rinderlea v. Cobb County School District case is examined as an example of how vague policies prohibiting ‘divisive materials’ create due process concerns and chilling effects on expression.

Using historical examples like Cafe Lafitte in Exile and military policies from Don’t Ask, Don’t Tell to current transgender service bans, this session compares past and present discrimination. The timeline from DOMA through Obergefell and subsequent state-level backlash legislation is explored.

This session examines three executive orders signed in January 2025 addressing gender ideology, DEI programs, and transgender military service. The unifying element of moral panic and fear—of job loss, housing, healthcare, and difference—connecting historical and contemporary discrimination is discussed.

Practical litigation strategies including vagueness challenges, procedural approaches, and demonstrating broader impact are covered. The session addresses anticipating Supreme Court direction and the strategic shift from equal protection challenges toward procedural due process arguments.

This closing session provides key resources including the National Association website, Human Rights Campaign, and recommended reading such as ‘The Deviant’s War’ by Dr. Eric Cervini. Emphasis is placed on advocate self-care and sustaining long-term engagement in this work.