Ken Paxton's registries

When the Nazi party first came into power in Germany in the mid-1930s, one of the first things they did was to dramatically improve the efficiency of record-keeping, especially with regards to people they considered "undesirables."

A 1946 report on their practices by Robert M. W. Kempner, which appeared in the Journal of Criminal Law and Criminology, is as impressive as it is horrifying. Kempner writes:

The most important are the Gestapo card indices: the register of persons politically undesirable to the National Socialist regime, such as former members of democratic parties, lodges, etc.  This register consists of five different sets of alphabetical card indices for (1) highly dangerous persons, (2) less dangerous persons, (3) dangerous persons, (4) Jews, (5) part Jews (Mischling).  These card indices were kept in the offices of the Secret Police (Gestapo), i.e., in the central headquarters of the Gestapo in Berlin, Prinz Albrechtstrasse. Duplicates were kept by the supervisory offices (Staatspolizeileitstellen) or the approximately 100 district offices of the secret police (Staatspolizeistellen) which are located in the larger cities throughout Germany, e.g., in Munich, Stuttgart and the seats of the district governments...  The index cards are brown for males and green for females.  The first item is year, day, month, and place and county of birth.  Then follow the statements about occupation, name, marital status, school, and professional education, examinations passed, residence in foreign countries, knowledge of foreign languages, special abilities, service in the armed forces, or in the labor service, and residence...  Cards of Jews are marked by black index tabs.

The horrors of the Nazi regime and the Holocaust were only possible because of the extensive records the government had on damn near everyone in the country.

You may be thinking, by this point, "how is this so different from the records governments today keep on citizens?  Most of this same information is now routinely kept by government agencies, and no one bats an eyelash."  It's a reasonable question.  Census and tax forms, drivers' license registration, school registration, job applications... unless you somehow have avoided all that, which is hard to imagine, you're a known quantity.

The difference, of course, is intent.  What do the governments of the United States and other democracies intend to do with the information they have?  My own probably Pollyanna-ish idea is that most of the time, the answer is "nothing."  As long as you pay your taxes and abide by the law, the powers-that-be have neither the time nor the interest to worry about what color your eyes are, what your marital status is, or what exactly you're doing.

It's the exceptions that are downright terrifying.  Which brings us, unsurprisingly, to Attorney General Ken Paxton of Texas.

It was just revealed that earlier this year, Paxton demanded a list of all of the people in the state who requested a change in their gender designation on their drivers' licenses.  In other words, trans individuals who wanted to have legal documentation of their gender identity.  It's disingenuous not to see the comparison to the "black index tabs" on Jewish registration cards in Nazi Germany.  Add to this the fact that earlier this year, Texas passed one of the harshest anti-trans laws in the nation -- it explicitly forbids gender-affirming medical treatment for teenagers, and mandates criminal prosecution and jail time not only for medical professionals who carry it out, but for teachers, counselors, therapists, and so on (people considered "mandated reporters" for child abuse) if they find out about a teenager's trans status and fail to notify the authorities.

Don't tell me that LGBTQ+ people are "overreacting" if they're terrified by Paxton's demand for a trans registry.  And if you think I'm engaging in hyperbole by comparing it to the Nazi registries, you're being willfully blind.

"This could be a mass outing of a whole bunch of trans people because a lot of us change our documents and then choose to live in private," said Eden Rose Torres, a trans Texan who chooses to be out.  "We don't have to disclose our transness."

The only good news is that the request from Paxton's office was denied -- but not on the grounds of its being potentially used to harm trans Texans and the people who aid them, but because of practicality.  "Ultimately, our team advised the AG’s office the data requested neither exists nor could be accurately produced," said Travis Considine, of the Department of Public Safety, to which the demand had been directed.  "Thus, no data of any kind was provided...  It [would] be very difficult to determine which records had a valid update without a manual review of all supporting documents."

What really needs to happen, of course, is that Paxton be required to produce, in writing, a statement (1) justifying why he has the right to the information, and (2) outlining in detail what he intends to do with it.  Not, frankly, that I trust Paxton as far as I could throw him.  But at least then it would push him into defending his actions, rather than what's happened thus far, which is giving him carte blanche.

The refusal of the DPS to cooperate is not going to be the end of this.  People like Ken Paxton are never, ever going to give up their campaign against LGBTQ+ people, despite the fact that all we queer people want is to live our truth in peace and safety, the same as straight White Americans do, and to be in control of when and to whom we reveal our private lives.  Paxton sees himself as the leader of a religious-inspired crusade, and if he succeeds with his attempt at a trans registry, that's only going to be the beginning.

We have only to look back ninety years to see where this kind of thing can lead.

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Nevertheless, we persist

I've found it increasingly hard to be optimistic about the future, lately.

Consider what's happened in only the last two days:

• The stupendously unqualified Betsy DeVos was confirmed as Secretary of Education by a 50-50 vote in the Senate, broken by Vice President Mike Pence's vote in favor.  DeVos's nomination for the position is perhaps best explained by a direct quote from her:  "My family is the biggest contributor of soft money to the Republican Party.  I have decided to stop taking offense at the suggestion that we are buying influence.  Now I simply concede the point.  They are right.  We do expect something in return.  We expect a return on our investment."
• Donald Trump lied in a claim alleging that the media doesn't cover terrorism because of "reasons":  "All over Europe, it's happening," Trump said.  "It's gotten to a point where it's not even being reported, and in many cases, the very, very dishonest press doesn't want to report it.  They have their reasons, and you understand that."  The Pulitzer Prize-winning fact-check site Politifact debunked this completely -- western media overreports terrorism as compared to media in other parts of the world, and in fact, stories about terrorist attacks dominate all sorts of media across the board in Europe and North America.
• Donald Trump lied again when he said that the homicide rate in the United States is the "highest it's been in 45 to 47  years," when in fact it peaked in the mid-1990s and has been declining ever since.
• Sebastian Gorka, deputy assistant to Donald Trump, stated that any criticism of Trump would be labeled "fake news":  "There is a monumental desire on behalf of the majority of the media, not just the pollsters, the majority of the media to attack a duly elected President in the second week of his term," Gorka said. "That's how unhealthy the situation is and until the media understands how wrong that attitude is, and how it hurts their credibility, we are going to continue to say, 'fake news.'"  Add to that a tweet from Trump himself stating that "any negative polls are fake news."
• Senator Elizabeth Warren was silenced by Mitch McConnell from reading a letter from Coretta Scott King calling into question the fitness for office of Jeff Sessions, nominee for Attorney General.  McConnell used a rule that stops a senator from criticizing another senator on the Senate floor, and the vote to shut Warren up went (predictably) along party lines.  "She was warned," McConnell said. "She was given an explanation.  Nevertheless, she persisted."  Warren shot back, "They can shut me up, but they can't change the truth."

It's easy to get overwhelmed.  We are so bombarded by crazy claims, bluster, egregious lies, and outright suppression of dissent that it's understandable why some people are choosing to turn off the news entirely.

In my opinion, that is an unacceptable response.  I know it's exhausting and demoralizing, but that is precisely why we need not to give up.  The doublespeak and accusations of "fake news" any time someone criticizes the President or his staff needs to be countered, immediately and hard.

Here are a few things I think are critical:

• Don't soft-pedal.  Label lies as lies, not "misspeaking" or "opinions" or (heaven help us all) "alternative facts."  I'm heartened to see headlines from major media now saying "President Trump Lies About ___________" -- it's about time they start labeling lies as such.  (And note that this means lies from both sides of the aisle.  Truth isn't one thing for one party and a different thing for the other.)
• Don't be afraid to take chances.  Don't be stupid about it, but realize that this is gonna be risky -- fighting the establishment always is.  Also, don't forget the adage that "all politics is local."  Join in protest marches.  Write letters.  Organize.  Keep it legal, and (when possible) keep it positive, but be willing to expend some of your time and effort during this critical period when we still have a chance to affect things.
• Let your views be heard.  When I started this blog seven years ago, it was in an attempt to find my voice -- a major and (initially) scary step from someone who is, to be honest, a socially awkward, shy introvert.  Find whatever forum works for you, whether it's blogging, social media, or standing in front of a filled auditorium firing up the troops.

So let's turn Senator McConnell's words into a rallying cry.  "Nevertheless, she persisted" -- this should become the motto of the resistance.  Let them continue with their lies and half-truths and attempts to silence the opposition -- nevertheless, we will persist.  Let them continue to demonize free speech and the press when they are criticized -- nevertheless, we will persist.  Let them continue to use their majorities in the House and Senate to circumvent our government's checks and balances, in the hopes that no one is watching or no one cares or no one is strong enough to speak up.

Nevertheless, we will persist.

I will end with a quote from one of my heroes, the incomparable Kenyan activist Wangari Maathai, winner of the 2004 Nobel Peace Prize for her work in reforming environmental policy and supporting women's rights in her home country.  "The only way to accomplish anything is to keep your feelings of being empowered ahead of your feelings of discouragement and inertia.  There is no one solution for everything, but there are many solutions to many of the problems we face.  There is no excuse for inaction."