Equal “Rights” and “Tolerance” Aren’t Enough

Equal “Rights” and “Tolerance” Aren’t Enough
Photo by Michele Wales / Unsplash

All around us, we see these ghoulish attacks on queer identity. Meanwhile, homophobes and transphobes these days are constantly making the coy claim that queer people already have equal rights, and therefore anything beyond that is no longer in the pursuit of equality, but instead aims to make the LGBTQIA+ community a "protected class." We often hear the following: "You already have equal rights, you just want special privileges!" What does this functionally mean? If LGBTQ people having the same social status as non-LGBTQ people and not being actively persecuted is considered "special privileges," then sure, go off I guess.

LGBTQ activism is often framed through the lens of striving for equal rights and tolerance, but that is not the end goal. Conspiratorial loons have a habit of claiming that gay marriage is the "first step" towards the boogeyman notion of a "gay agenda." Let me come right out and say yes, there is a gay agenda, and it's not whatever perverse, twisted fantasies these basement dwellers come up with. The Gay AgendaTM is not simply about marriage, but about purging the harmful stigmas that inhibit the full participation of queer people in society.

The desire for equality encompasses a broad spectrum of expectations and ideals. Not to get too philosophical, but bear with me for a moment - we must consider the positive vs. negative liberty debate. Firstly, it's crucial to differentiate between two interpretations of the term "equal rights." When discussing equality before the law, "equal rights" refers to legal entitlements bestowed upon individuals by a governing body, established via specific policies. Conversely, when we talk about "natural rights," this refers to the theory of inalienable rights which are irrespective of legal systems. These rights are universal and inherent - believed to belong to every person by virtue of their humanity. Negative liberty refers to the absence of barriers, constraints, or interference from others or the state, allowing individuals to act as they wish; it aligns closely with the notion of "natural rights." In contrast, positive liberty is the presence of conditions that enable an individual to fulfill their own potential or to actively participate in society, akin to the legal protections associated with "equal rights."

The absence of barriers (negative liberty) does not inherently provide the means or capabilities (positive liberty) required for true, substantive equality. Equal rights under the law do not automatically translate to equality in practice, as they fall short of addressing the underlying conditions that have caused the stigmatization of queer people in the first place. The presence of legal protections do not negate the myriad forms of discrimination and inequalities that LGBTQ people face daily, for example: Hate crimes, youth homelessness, rejection, barriers to healthcare or employment, and the erasure of LGBTQ identities in media.

Tolerance is frequently touted as a barometer of societal acceptance, but this couldn't be further from the truth. "Tolerance" implies a begrudging acceptance rather than genuine inclusion. Tolerance can be defined as to "allow the existence, occurrence, or practice of (something that one does not necessarily like or agree with) without interference" or to "accept or endure (someone or something unpleasant or disliked) with forbearance." Tolerance was a decent thing to have 50 years ago, but we’re at the point now where tolerance is to be expected at a minimum - the absolute bare minimum - even from bigots. It's not support, and shouldn’t be portrayed as such.

Let me be clear - equal rights and tolerance are essential. Achievements towards these should be celebrated, but they are not the final destination. Marriage equality, for example, is a significant milestone within our movement. However, while gay couples being able to legally marry is incredibly important, those couples being able to take a walk in the park without worrying about being harassed or assaulted is equally important. Being able to adopt children and start families matters just as much. We mustn’t forget that the desired outcome is not "equal rights" or "tolerance" but rather, eliminating the oppression of queer people altogether, and normalizing LGBTQ lifestyles.

Until we change our culture, we cannot truly have a society that embraces the LGBTQ community. It is necessary that we win this "culture war," or else we will begin to see sweeping removals of hard-earned victories. Some say we should “rise above the culture war,” but that statement reeks of privilege. One side of the culture war wants to eradicate queerness, and the other side wants widespread acceptance. It’s reminiscent of the people who are still talking about marriage equality, while there are over 400 bills targeting trans people. While marriage equality was an issue for yesterday, that does not mean it will not be an issue for tomorrow, especially if we do not stand against the anti-trans sentiment of today. They will come after cis gays too, if given the opportunity.

Anti-LGBTQ legislation cannot be addressed in isolation. It is merely a symptom of the root cause: anti-LGBTQ sentiment. Anti-discrimination protections and healthcare access are fundamental, but that alone will not prevent queer kids from being bullied at school or abused at home. It is not enough to merely support the “rights” of LGBTQ people in the eyes of the law. We must directly challenge queerphobia.

Like everything, there are always extremes, but it is disingenuous to equate the two sides here - dangerous, even. There is an obvious difference between advocating for stronger anti-discrimination laws versus making deadnaming illegal, but hardly anyone at all is going to say we should throw people in jail for using the wrong pronouns, even if done maliciously. On the other hand, anti-LGBTQ extremism has taken new heights, or rather - old ones. The LGBTQ community is not a monolith, and we're not always going to agree with each other on everything, but right now we need to come together in the face of far-right threats against our community. In spite of our own disagreements, we need to realize that we're all in the same boat. We also need to educate, rather than alienate, our allies and potential allies.

Well meaning allies might still be trying to advocate for tolerance and frame the conversation around rights, but we need to remind them what we're really fighting for. We are fighting for a future where queer kids can grow up to live happy and fulfilling lives, because not all of them were able to. It's about creating a world where LGBTQ people can live freely, authentically, and safely. This requires dismantling legal structures that perpetuate discrimination, but also necessarily entails the eradication of societal attitudes, cultural norms, and institutional biases that marginalize queer folks.