TABLE OF CONTENTS
Frequently Asked Questions An Introduction
WHERE CAN I GET MORE DID YOU KNOW THAT Cities had an opportunity to review 4 Letter from Alphonso David, President of the Human Rights Campaign Foundation INFORMATION ABOUT THE ISN’T A CITY? the draft scorecard and offer any 5 Letter from Rebecca Isaacs, Executive Director of the Equality Federation Institute CITIES RATED? Yes. A few of the places rated in the feedback prior to publication. 6 Inclusivity Drives Economic Growth This booklet contains only a summary MEI are “census-designated places” of the scorecards for each of the 506 which are not incorporated as cities. CAN ONLY CITIES IN cities rated on the 2020 MEI. The In that case, we rated the local STATES WITH GOOD LAWS full scorecards are available online at incorporated government that actually GET GOOD SCORES? How It Works www.hrc.org/mei. serves that census-designated place, Definitely not. The MEI was which is usually the county. This is specifically designed to measure the 10 Cities Rated by the MEI HOW WERE THESE explained further on page 19. laws and policies of the municipality, 12 Executive Summary CITIES CHOSEN? not the state. While state law might 19 City Selection This year, the cities rated are: the 50 HOW ARE THE SCORES add to a city’s score, positive state 20 2020 MEI Scorecard state capitals, the 200 largest cities CALCULATED? law is not necessary for a city to 22 Scoring Criteria Parts I–II in the United States, the five largest Cities are rated on a scale of 0-100, score 100 points. 24 Issue Brief: Bostock v. Clayton County, Georgia cities or municipalities in each state, based on the city’s laws, policies, 28 Scoring Criteria Part III the cities home to the state’s two benefits, and services. There are IS THIS A RANKING OF THE 30 Scoring Criteria Parts IV–V largest public universities (including 100 standard points and 22 flex BEST CITIES FOR LGBTQ 32 Issue Brief: Addressing Systemic Racism through Municipal Action 40 Acknowledging Context: undergraduate and graduate points (flex points are awarded for PEOPLE TO LIVE IN? • Not All Cities Are Created Equal enrollment), 75 cities & municipalities items which apply to some but not all No. This is not a ranking of a city’s • Fair Assessment Respects Legal Differences that have high proportions of same- cities). For more information on the atmosphere or quality of life. It is • Accounting for City Size sex couples (see page 19 for more scoring system, see pages 22-23, an evaluation of the city’s law and • Balancing State and Local Laws information) and 98 cities selected by 28, and 30-31. policies, and an examination of how inclusive city services are of • Understanding Restrictive State Law HRC and Equality Federation state • Effect of Enforcement and Lived Experience groups members and supporters. WHERE DID THE LGBTQ people. Some high-scoring INFORMATION FOR THESE cities may not feel truly welcoming WHY ISN’T WASHINGTON, SCORES COME FROM? for all LGBTQ people, and some D.C. RATED? low-scoring cities may feel more For an explanation as to why The MEI team conducted the welcoming than their policies What We Found research, compiled it into a draft Washington, D.C. is not included in might reflect. 50 Summary of Results scorecard, and sent the draft the MEI, please see page 19. 53 Self-Submit scorecard to the city for review. 56 Table of 2020 Scores 71 Acknowledgements Research Process
The information reflected in this team to consider. Our team sent weeks. Finally, cities were sent their Success Stories publication was gathered by out a letter in March to mayors and final scorecards and information 17 Georgia Equality by Jeff Graham, Executive Director the MEI team and compiled into city managers notifying them that about the 2020 MEI in the same 18 Decatur, Georgia by Patti Garrett, Mayor draft scorecards using publicly their cities were being rated by way. Equality Federation state 27 Overland Park, Kansas by Carl Gerlack, Mayor available information. Cities were email and certified mail, followed groups also were able to review the 29 Tallahassee, Florida by John E. Dailey, Mayor then offered an opportunity to by a draft scorecard sent to the scorecards and provide feedback to review the scorecards, ask any mayors and city managers in June the MEI team prior to publication. questions, and submit any additional also via email and certified mail. information they wished the MEI The feedback window lasted six
©2020 by the Human Rights Campaign Foundation. The Human Rights Campaign Foundation owns all right, title, and ISBN-13: 978-1-934765-57-9 interest in and to this publication and all derivative works thereof. Permission for reproduction and redistribution is granted if the publication is (1) reproduced in its entirety and (2) distributed free of charge. The Human Rights Campaign and the Equality logo are trademarks of the Human Rights Campaign. The Human Rights Campaign Foundation and design incorporating the Equality logo are trademarks of the Human Rights Campaign Foundation.
IFC2 AN INTRODUCTION hrc.org/mei hrc.org/mei 1 AN INTRODUCTION
2 AN INTRODUCTION hrc.org/mei hrc.org/mei AN INTRODUCTION 3 Dear Friends Dear Readers
are advancing LGBTQ equality not Bostock vs. Clayton County decision As the movement builder and strategic Equality Ohio and local partners only for their constituents but for their this summer, the Supreme Court partner to state-based organizations helped the city of Gambier pass a own employees. For the first time, made clear that discrimination on the advancing equality for LGBTQ people non-discrimination ordinance, making 179 of the cities we scored now offer basis of sexual orientation and gender in the communities we call home, it the 30th municipality in the state transgender-inclusive health benefits identity is prohibited under the federal Equality Federation is committed to our with fully inclusive protections. At to city employees. employment non-discrimination partnership with HRC on the Municipal the ballot, voters in Golf Manor voted law. While the Bostock decision is Equality Index. The scoring helps cities overwhelmingly to keep the LGBTQ- As we celebrate the progress made, monumental in the effect it will have on and advocates on the ground take stock inclusive non-discrimination ordinance we also must make real and explicit federal employment non-discrimination of their progress, marking important that their city council passed in commitments to continue the urgent law and beyond, it cannot be a steps forward to achieve equality for January of last year. work to address the fundamental replacement for continuing to ensure LGBTQ people and our families. injustices of our society. This past that cities and states treat LGBTQ Even in states with legislatures hostile year has been a stark and stinging people’s right to be free from For example, thanks to the leadership to our issues, cities and towns of reminder that racism, and its strategic discrimination in the same way as they of Equality Virginia and local advocates, every size are doing what they can This has truly been an objective, white supremacy, is as treat discrimination on the basis of It is difficult to capture all that Virginia became the first state in to positively impact the lives of their unprecedented year — a year with defining a characteristic of the other protected characteristics. Thus, has happened in 2020. A global the South to secure statewide non- LGBTQ residents, especially LGBTQ multiple crises that underscored American experience as those ideals we continue to call for the express pandemic changed the way we discrimination protections early this youth. Anchorage became the first city the gap between the best upon which we claim to hold our inclusion of sexual orientation and exist in the world. Protests moved year. This achievement created higher in Alaska to ban the harmful practice promises of equal justice in our democracy. It is incumbent on all of gender identity in state and municipal across the country against racial city scores throughout the state as the of conversion therapy, covering nearly nation and the lived experience us — including our municipal leaders non-discrimination protections. injustice. Transgender and gender number of LGBTQ people protected 40% of the state’s population. In Iowa, of millions facing fundamental — to address the ways in which our non-conforming people fought from discrimination skyrocketed. Kansas, and Kentucky, advocates injustices in our daily lives. While systems uphold white supremacy as In spite of all the challenges back against increased violence, were able to pass local ordinances we witnessed historic victories we transform these systems to truly municipalities have faced this year, especially against Black trans Every local win puts us one step banning conversion therapy for the for our community, we also saw serve all of us. This report lays out our top-scoring cities have remained women. The strength of our closer to full and lasting equality. From first time. OutFront Minnesota added how far ahead the north star recommendations for municipalities in key drivers of necessary progress and democracy was put to the test Florida to Kentucky to Michigan, state four more cities to its list of those of full equality remains. But how they can take concrete steps to greater inclusion. We are grateful for during an exhausting election groups helped secure local non- banning conversion therapy, covering as we grappled with the twin do precisely that. their commitment, as well as for the session. Yet, during a year unlike discrimination ordinances, bringing nearly 16% of the state’s population. pandemics of COVID-19 and racial undaunted advocacy and leadership of any other, I am heartened by the the number of municipalities with fully violence, our communities found We must also acknowledge how the our partners at the Equality Federation progress the LGBTQ state-based comprehensive non-discrimination As we celebrate our successes and resilience and solidarity in one systems of oppression — including Institute and statewide LGBTQ movement made to keep driving protections for LGBTQ people to over plan for the future, we thank our another. And leaders in cities and racial injustice — have made organizations. Together, we remain progress forward. 300 nationwide. Georgia Equality members and their local partners for municipalities in every corner of vulnerable communities even more united in our shared mission to serve celebrated a win in Savannah, their dedication to securing LGBTQ this nation met the moment with vulnerable during the COVID-19 our communities and to fulfill our making it the first city outside of the equality. We’re proud to be in this urgent action as they continued crisis. As our research makes clear, nation’s promise of full equality under Atlanta metro area to protect LGBTQ movement with you. their work to advance equality the pandemic has disproportionately the law. residents from discrimination. and inclusion for all. impacted LGBTQ people, people of color, and has been especially harsh Sincerely, This year’s Municipal Equality Index for those living at the intersection of (MEI) makes clear how, in the absence multiple marginalized identities. As REBECCA ISAACS of federal leadership, municipalities municipalities look to negotiate these Executive Director continue to lead the way for progress challenging times, and rebuild in the Equality Federation Institute by advancing protections for LGBTQ times ahead, they must ensure that residents and visitors. The national those most impacted receive the average for cities increased for the most support. ALPHONSO DAVID fourth year in a row. Ninety-four President cities earned a 100 point score This year, as we grappled Human Rights Campaign Foundation this year — the most in the MEI’s with tremendous challenges, history. Coast to coast, and in every our community also realized corner of our nation, local leaders unprecedented progress. In the
4 AN INTRODUCTION hrc.org/mei hrc.org/mei AN INTRODUCTION 5 Inclusivity Drives Economic Growth Ensuring that all city residents, Cities are in constant competition What’s more, businesses actively Until full nationwide equality is realized, workers, and visitors are for residents, visitors, employees, take into account local laws and cities must continue to lead the way on protected from discrimination and businesses. A demonstrated policies when making decisions is not just the right thing to do. commitment to equality through laws about cities in which to headquarter, vital protections for LGBTQ residents, and policies that protect everyone, relocate, or expand. In fact, the visitors, and workers. Full inclusivity drives including LGBTQ people, sends a clear nation’s top businesses are economic growth. message that all residents, visitors, becoming increasingly vocal in workers, and businesses are welcome their support for laws and policies and valued. Inclusive non-discrimination that protect all of their employees laws give cities a competitive edge. and their families at home, in the workplace, and in their communities. A growing body of research shows that openness to diversity and inclusiveness Until full nationwide equality is realized, is not a byproduct of communities that cities must continue to lead the way on achieve economic prosperity, but rather vital protections for LGBTQ residents, a key element in the formula that leads visitors, and workers. In doing so, city to economic growth.1 leaders will help ensure the health, safety, and well-being of all residents The Fortune 500 has long utilized while encouraging real economic inclusive workplace policies as proven growth that benefits everyone. recruitment and retention tools. Diversity and inclusion enhance an employer’s reputation, increase job satisfaction, and boost employee morale. Municipalities and their employees similarly benefit from LGBTQ-inclusive workplace policies and practices.
1 Florida, Richard, The Geography of Tolerance, available at https://www.citylab.com/equity/2012/07/geography-tolerance/2241/ (last accessed Oct. 9, 2019).
6 AN INTRODUCTION hrc.org/mei hrc.org/mei AN INTRODUCTION 7 HOW IT WORKS CITIES RATED BY THE MEI
The Municipal Equality Index rates municipalities of varying sizes drawn from every state in the nation. 2020 506 CITIES 94,237,171 TOTAL POPULATION RATED
SMALL CITIES 1–100,000
MEDIUM CITIES 100,000–300,000
LARGE CITIES 300,000+
10 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 11 EXECUTIVE SUMMARY
Cities Boldly Leading the Way to Equality The 2020 MEI reflects the largest A LANDMARK SUPREME 38 MEI-rated localities in states with STATE AVERAGE INCREASES SINCE 2019 94 number of top-scoring municipalities COURT DECISION no state-level protections now have in the MEI’s nine year history. 94 cities A ray of hope came in June of this year anti-conversion therapy ordinances, earned the maximum score of 100 when the Supreme Court of the United up from 28 last year. Moreover, public points this year, up from 88 cities last States ruled in Bostock v. Clayton accommodations in 103 MEI-rated 91 year and just 11 in 2012. What’s more, County, Georgia that sexual orientation municipalities are required to make the national city score average jumped and gender identity discrimination single-user restrooms available to 64 to a record high of 64 points (up are prohibited under the sex non- people of all genders pursuant to city, from 60 last year), marking the fourth discrimination employment provisions county, and/or state law. 31 consecutive year of national average of Title VII of the Civil Rights Act of 45 increases as well as the highest year- 1964. Still, many local legislators— Municipalities also utilized over-year national average growth ever. including those in Reynoldsburg, Ohio; their administrative authority to Savannah, Georgia; and Holland, expand inclusivity for city and city 12 CITIES IN NORTH DAKOTA PROGRESS IN A YEAR OF Michigan—listened to the calls of contractors’ employees. COLOSSAL CHALLENGES community advocates urging them to 2020 has been a year of unthinkable continue advancing comprehensive • 429 cities currently have equal challenges. The twin pandemics non-discrimination laws. These employment opportunity policies that of COVID-19 and racial violence advocates understood that Bostock expressly include sexual orientation continue to affect every community in did not end the struggle for full, and/or gender identity, up by 21 over the country. Despite having to tackle comprehensive legal equality (for the past year. these colossal challenges with limited more on Bostock and the continued • 188 municipalities require their time and resources—and often with importance of local non-discrimination contractors to have employment 24 little or no help from state and federal laws, see page 24). 24 non-discrimination policies that officials—many local legislators across include sexual orientation and/or the nation never lost sight of the vital KEY FINDINGS gender identity. importance of protecting their LGBTQ As noted above, many municipalities— CITIES IN NEBRASKA AND VIRGINIA communities. They understand that including MEI-rated Decatur and • 179 cities now offer transgender- these twin pandemics drastically Savannah, Georgia—enacted inclusive health care benefits for city amplify existing disparities, hitting LGBTQ-inclusive non-discrimination employees, up from 164 last year. vulnerable populations like LGBTQ protections covering employment, • 127 cities offer equal benefits to people of color the hardest. Moreover, housing, and public accommodations the same- or different-sex domestic they understand that robust anti- over the past year. Alexandria and partners of city employees and their discrimination measures form the Arlington County, Virginia took steps to legal dependents. foundation on which true equity can be strengthen protections on the basis of built (for more on equity, see page 32). gender identity. STATE AND REGIONAL TRENDS The number of cities that have 38 state averages increased since the 22 local protections against so-called 2019 MEI. North Dakota, Nebraska, “conversion therapy”—dangerous, Virginia, and Kansas had the top four discredited practices that attempt to highest state average increases. CITIES IN KANSAS change a person’s sexual orientation or gender identity—significantly increased over the past year.
12 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 13
Every region of the country saw a mean REGIONAL AVERAGE CHANGES OVER NEW RECORDS This year’s MEI revealed: city score increase this year, with the THE PAST YEAR MEI-rated cities topped last year’s exception of the New England region records on nearly every front: the most • 94 100-point cities, up from 88 • 61 “All-Star” Cities—cities that which maintained its 2019 average. The 100-point scores, the most cities last year. scored above 85 points despite Plains region—which includes Kansas, offering transgender-inclusive health being in states with no state-level Missouri, Nebraska, North Dakota and care benefits, the highest number of • 179 cities offer transgender- explicit statutory non-discrimination South Dakota—saw the highest average “All-Star” Cities, and the most LGBTQ inclusive health care benefits to protections for LGBTQ people— city score growth, increasing by six points liaisons ever appointed, to name a city employees, an increase of 15 compared to 59 last year. since the last report. Cities in the Mid- few. These new milestones are even since 2019. Atlantic region outperformed cities in all more notable given the unprecedented • 195 LGBTQ liaisons in city executive other regions, averaging 80 points this aforementioned challenges localities offices—up by 13 since 2019. year. Municipalities in the Great Lakes faced this year. ranked just below this with a mean city score of 79.
+6 PLAINS 48 to 54
+5 OF THE 94 CITIES THAT EARNED THE TOP SCORE… MID-ATLANTIC 75 to 80 Had more comprehensive non- Support direct services to people 27 discrimination laws for trans 68 living with HIV or AIDS +4 people than the state GREAT LAKES 75 to 79 SOUTHEAST 44 to 48 Had contractor non-discrimination Offer trans-inclusive health 85 policies including gender identity 87 benefits for city employees +3 SOUTHWEST 41 to 44 Have an LGBTQ liaison to the Support targeted, direct services WEST 72 to 75 88 city executive 37 to the transgender community
+1 Reported hate crimes Offer employees benefits to same- MOUNTAIN 50 to 51 93 statistics to the FBI 55 and different-sex domestic partners +0 NEW ENGLAND 67 to 67 Have an openly LGBTQ Support targeted, direct services 64 elected or appointed official 60 for LGBTQ youth in senior leadership
14 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 15 SUCCESS STORY: GEORGIA EQUALITY
For the past seven legislative While we are proud of this effort, half dozen additional cities around sessions, Georgia Equality simply fighting off bad legislation the state currently considering them. has partnered with HRC and a is not enough. That is why we These range from small municipalities CONCLUSION being discriminated against because of inclusion is a key driver of economic number of national and local launched the Georgia Unites Against such as Clarkston, considered The 2020 MEI makes it clear: In who they are or who they love. These success, serving to attract residents, organizations to successfully Discrimination campaign in 2015. It one of the most diverse cities in the absence of federal and state local officials know that extending legal visitors, and businesses who place a prevent any anti-LGBTQ is an effort to educate the public on America due to its large per capita leadership, local officials continue protections to everyone, regardless high value on inclusivity. Furthermore, legislation from becoming law the need to protect all Georgians, immigrant population, to larger to work tirelessly to ensure that of sexual orientation and gender these local leaders know that in times in Georgia. including those of us in the LGBTQ and more conservative cities such everyone in their communities can identity, is both the right thing to do of national crisis, the work of achieving community, from discrimination. as Dunwoody, which passed their secure housing, make a living, and and the smart way to govern. A city’s genuine equity must continue to ordinance with a unanimous vote, and participate in community life without commitment to diversity, equity, and protect the most vulnerable among us. Central to this effort has been the rural communities such as Statesboro, goal of building bi-partisan support located in southeast Georgia. for statewide non-discrimination legislation by passing local In 2020, we have worked closely ordinances. While Atlanta passed with the new Mayor and city an ordinance nearly 20 years leadership of Savannah to not NUMBER OF RATED CITIES OFFERING TRANS-INCLUSIVE HEALTH BENEFITS ago, it has only been within the only adopt a comprehensive non- past two years that we have been discrimination ordinance, but to use able to build the momentum to the MEI as a roadmap of reforms enact comprehensive ordinances that will ensure that LGBTQ folks that address discrimination in who live, work or visit there will be employment, housing, and public treated with fairness and equality. accommodations elsewhere. The By nearly doubling their MEI score effort started in late 2017, when in less than a year, they are poised Doraville City Councilwoman Stephe to be the best example of how local Koontz, the only openly transgender advocates can work in partnership In 2016 17% ( 86 office holder in Georgia, worked with with elected officials to ensure of In of 408) 50 2 (66 6 0 her colleagues to become the first the promise of equality in the % ) 1 16 7 city other than Atlanta to pass such communities we call home. 5 ) 2 1 53 2 0 3 % an ordinance. 2 f o ( JEFF GRAHAM In 2 1 (4 ) 1 1 1 EXECUTIVE DIRECTOR 9 In less than two years, nearly a dozen % 2 ) o 2 7 f 3 f cities now have ordinances with a GEORGIA EQUALITY 1 o f 5 o 4 6 0 1 1 5 6 ( ( I 0 n )
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16 HOW IT WORKS hrc.org/mei hrc.org/mei SUCCESS STORY 17 SUCCESS STORY: CITY SELECTION DECATUR, GEORGIA
The City of Decatur, Georgia is We have worked closely with diversity and the adoption of this 4.5 square miles in size with a the Human Rights Campaign to ordinance was a tangible way to population of 23,000 located 6 understand and apply the standards demonstrate that commitment. How Cities Were Selected For Rating miles east of Atlanta. We are associated with the Municipality an urban city that values and is Equality Index because we believe In addition, we passed a resolution The 2020 Municipal Equality Index which ranked the 25 large cities WHY ISN’T WASHINGTON, committed to equity, inclusion that LGBTQ-inclusion is critical to our urging the State of Georgia to adopt rates 506 municipalities of varying (population exceeding 250,000), 25 D.C. RATED? and diversity. commitment of being a Welcoming a broad and comprehensive hate sizes drawn from every state in mid-size cities (population between Washington, D.C. is not rated by City. We have a high population crimes act through prompt legislative the nation. 100,000 and 250,000), and 25 small the MEI, even though it has a high of LGBTQ residents and business action stating that “the Mayor and cities (population below 100,000) proportion of same-sex couples and fits owners and they are an important part Commission believe that such hate These include: the 50 state capitals, with the highest proportion of same- into several of the city selection criteria. of the fabric of our community. crimes act should protect the widest the 200 largest cities in the United sex couples. To be consistent, Unlike the cities rated in the MEI, range of vulnerable persons.” States, the five largest cities or we rated all twenty-five of these however, Washington D.C. is a federal I am proud to announce that municipalities in each state, the cities small cities, even though some district. This means that it has powers Decatur passed a non-discrimination We appreciate the HRC and the home to the state’s two largest public of these small “cities” are in fact and limitations so significantly different ordinance in November 2019. The MEI team working in partnership universities (including undergraduate unincorporated census-designated from the municipalities the MEI rates ordinance prohibits local businesses with us to modify some of the and graduate enrollment), 75 cities places. In that case, we rated the that the comparison would be unfair— from discriminating based on sexual language in standards geared to and municipalities that have high laws and policies of the applicable for example, no city rated by the MEI orientation or gender identity, as large cities in order to reach and proportions of same-sex couples incorporated local government (the has the legal capacity to pass marriage well as race, religion, color, sex, include smaller municipalities who and 98 cities selected by HRC and entity actually rated, often the county, equality, as Washington, D.C. did in disability, national origin, ancestry, age strive to ensure LGBTQ inclusion Equality Federation state groups will be clearly indicated). 2009. While the District of Columbia or military status. Discrimination is in all areas of community work, life members and supporters. is not a state, either, it is more properly prohibited in the areas of employment, and play. Working with HRC and Significant overlap between these compared to a state than it is to a city. housing, and public accommodation. the MEI team, the City of Decatur These 75 cities with highest categories of cities brings the total For that reason, Washington, D.C. is No federal or Georgia state law was able to identify areas to codify proportions of same-sex couples number of cities rated in the 2020 MEI included in HRC’s annual State Equality are drawn from an analysis of the to 506. In 2012, the MEI rated 137 Index. More information on Washington, expressly prohibits discrimination existing practices, pass ordinances 2010 Census results by the Williams cities; in 2013, 291; in 2014, 353; and D.C.’s laws and policies can be viewed based on sexual orientation and and document our commitment Institute at the UCLA School of Law in 2015 we rated 408 cities. on the maps of state laws located at gender identity. and in doing so, and raise our MEI hrc.org/sei. score from 51 points in 2017 to 86 We followed in the footsteps of the points in 2020. We are proud of City of Atlanta and four other DeKalb the accomplishment! County cities becoming the 6th city in TOTAL MUNICIPALITIES Georgia to adopt a non-discrimination PATTI GARRETT 506 ordinance. Decatur is committed to MAYOR the values of equity, inclusion and 25 Small cities with highest 200 Largest cities in the country proportion of same-sex couples
25 Midsize cities with highest 5 Largest cities in each state proportion of same-sex couples We have a high population of LGBTQ residents and business owners and they are an important part of the fabric 25 Large cities with highest 98 Cities selected by HRC & proportion of same-sex couples Equality Federation state groups of our community. members & supporters
99 Cities home to each state’s 2 50 State capitals largest public universities including undergraduate & graduate enrollment 18 SUCCESS STORY hrc.org/mei hrc.org/mei HOW IT WORKS 19 2020 MEI SCORECARD
CITY, STATE 1/2 CITY, STATE 2/2 2020 MUNICIPAL EQUALITY INDEX SCORECARD 2020 MUNICIPAL EQUALITY INDEX SCORECARD
I. Non-Discrimination Laws** STATE COUNTY MUNICIPAL AVAILABLE IV. Law Enforcement COUNTY MUNICIPAL AVAILABLE
This category evaluates whether Employment Fair enforcement of the law includes LGBTQ Liaison/Task Force in Police discrimination on the basis of sexual 0 0 0 0 0 0 5 5 responsible reporting of hate crimes and Department 0 0 10 engaging with the LGBTQ community in a orientation and gender identity is Reported 2018 Hate Crimes Statistics Housing thoughtful and respectful way. prohibited by the city, county, or state in 0 0 0 0 0 0 5 5 to the FBI 0 0 12 areas of employment, housing, and public accommodations. Public Accommodations 0 0 0 0 0 0 5 5 SCORE 0 out of 22
SCORE 0 out of 30 FLEX Single-Occupancy All-Gender Facilities +0 +0 +0 +2 COUNTY MUNICIPAL AVAILABLE FLEX Protects Youth from Conversion V. Leadership on LGBTQ Equality Therapy +0 +0 +0 +2 This category measures the city leadership’s Leadership’s Public Position on LGBTQ Equality commitment to fully include the LGBTQ 0 0 5 COUNTY MUNICIPAL AVAILABLE community and to advocate for full equality. II. Municipality as Employer Leadership’s Pro-Equality Legislative or Policy Efforts 0 0 3 By offering equivalent benefits and Non-Discrimination in City Employment protections to LGBTQ employees, awarding 0 0 7 7 contracts to fair-minded businesses, and SCORE 0 out of 8 Transgender-Inclusive Healthcare Benefits taking steps to ensure an inclusive workplace, 0 6 FLEX Openly LGBTQ Elected or Appointed municipalities commit themselves to treating +0 +0 +2 LGBTQ employees equally. City Contractor Non-Discrimination Ordinance Leaders 0 0 3 3 FLEX City Tests Limits of Restrictive State +0 +0 +3 Inclusive Workplace Law 0 2
SCORE 0 out of 28 FLEX City Employee Domestic Partner Benefits +0 +1 TOTAL SCORE 0 + TOTAL FLEX 0 = III. Municipal Services COUNTY CITY AVAILABLE Final Score 0 CANNOT EXCEED 100 This section assesses the efforts of the city Human Rights Commission to ensure LGBTQ constituents are included 0 0 5 in city services and programs. NDO Enforcement by Human Rights Commission 0 0 2 LGBTQ Liaison in City Executive’s Office 0 5
SCORE 0 out of 12 ** On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that sexual orientation and gender identity discrimination FLEX Youth Bullying Prevention Policy for +0 +0 +1 +1 are prohibited under federal sex-based employment protections. Nevertheless, it is imperative that localities continue enacting explicitly LGBTQ-inclusive City Services comprehensive non-discrimination laws since it will likely take additional litigation for Bostock to be fully applied to all sex-based protections under existing federal civil rights law. Moreover, federal law currently lacks sex-based protections in numerous key areas of life, including public spaces and services. FLEX City Provides Services to LGBTQ Youth +0 +2 Lastly, there are many invaluable benefits to localizing inclusive protections even when they exist on higher levels of government (see pg. 24 of the full report). For these reasons, the MEI will continue to only award credit in Part I for state, county, or municipal non-discrimination laws that expressly include FLEX sexual orientation and gender identity. Credit may be awarded on the state level if a state has definitively applied Bostock’s reasoning to include LGBTQ City Provides Services to LGBTQ +0 +2 People Experiencing Homelessness people under state sex non-discrimination protections. FLEX City Provides Services to LGBTQ Older +0 +2 Adults PTS FOR SEXUAL ORIENTATION PTS FOR GENDER IDENTITY FLEX PTS for criteria not accessible to all cities at this time. FLEX FOR MORE INFORMATION ABOUT CITY SELECTION, CRITERIA OR THE MEI SCORING SYSTEM, PLEASE VISIT HRC.ORG/MEI. City Provides Services to People Living +0 +2 with HIV or AIDS All cities rated were provided their scorecard in advance of publication and given the opportunity to submit revisions. For feedback regarding a particular city’s scorecard, please email [email protected]. FLEX City Provides Services to the +0 +2 Transgender Community hrc.org/mei
20 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 21 SCORING CRITERIA
I. Non-Discrimination Laws II. Municipality as Employer
It should not be legal to deny the city limits, a city may conclude it is will receive two flex points. Cities that Almost every municipality employees are routinely denied health ordinance, as these are sometimes someone the opportunity to work, an inefficient use of resources to pass a designate all single-occupancy facilities has immediate control over care coverage for gender-affirming known, requires city contractors to rent a home, or be served in a local non-discrimination ordinance. For within its own buildings as all-gender its employment policies. care such as hormone therapy, gender- adopt non-discrimination policies that place of public accommodation that reason, so long as the protections will receive half credit (one flex point). Respect for LGBTQ employees affirming surgery, and other medically prohibit adverse employment actions because of their sexual of a state or county law apply is clearly demonstrated by necessary care. on the basis of sexual orientation orientation or gender identity. throughout city limits, the city effectively PROTECTING YOUTH FROM the inclusiveness of these (3 points) and gender identity or has such protections, and the state or CONVERSION THERAPY employment policies. Starting in 2021, cities will be rated expression (3 points). This category evaluates whether county law will earn the city points in So-called “conversion therapy,” according to the following standards. discrimination on the basis of sexual Part I. If there is no state or county law, sometimes called “sexual orientation CITY PROHIBITS Municipalities must offer at least one Partial credit is awarded to cities orientation and gender identity is but the city has passed an ordinance change efforts” or “reparative therapy,” DISCRIMINATION IN CITY municipal employee health insurance that do not have an official policy or prohibited within the city in areas of its own volition, the city will receive encompasses a range of dangerous EMPLOYMENT plan that expressly covers transgender ordinance to this effect, but maintains of employment, housing, and credit for those non-discrimination and discredited practices that falsely Cities can adopt internal hiring policies healthcare needs, including gender- a practice of including a qualifying city public accommodations. In each protections. However, where laws exist claim to change a person’s sexual that prohibit employment discrimination affirming surgical procedures, hormone contractor non-discrimination clause in category, cities receive five points at both the city and the state (or county) orientation or gender identity. These (including hiring, promotions, therapy, mental health care, and all all city contracts. for prohibiting discrimination on the level, the city will not receive double (or practices are based on the false termination, and compensation) on the related medical visits and laboratory basis of sexual orientation and five triple) points— the maximum points in premise that being LGBTQ is a mental basis of sexual orientation (7 points) services. The lack of express exclusions MUNICIPALITY IS AN points for prohibiting discrimination this section are capped at 30. illness that needs to be cured—a theory and gender identity or expression (7 for these services is not sufficient for INCLUSIVE WORKPLACE on the basis of gender identity. There that has been rejected by every major points). It is a fundamental principle of credit because this care is routinely not This section measures whether the will be a three point deduction for ALL-GENDER SINGLE- medical and mental health organization. fairness that an employee should be covered. The plan should also ensure city is a welcoming workplace for non-discrimination protections in OCCUPANCY FACILITIES judged on their ability to perform the coverage of routine, chronic, or urgent LGBTQ employees as measured by public accommodations that contain Transgender individuals face There is no credible evidence that responsibilities of a position, and not non-transition services and eliminate the following: the city actively recruits carve-outs prohibiting individuals from disproportionately high levels of conversion therapy can change a by who they are or whom they love. other barriers to coverage including, but LGBTQ employees, or conducts using facilities consistent with their prejudice and discrimination in person’s sexual orientation or gender A state-level non-discrimination law or not limited to, separate dollar maximums LGBTQ-inclusive diversity training, gender identity. Additionally, up to six everyday life. These members of our identity. To the contrary, research has a local non-discrimination ordinance and exclusions for covered dependents. or it has an LGBTQ employee affinity points will be deducted for religious community deserve the same dignity clearly shown that these practices pose alone is not sufficient to earn these Moreover, all out-of-network gender- group (a total of 2 points are awarded exemptions that single out sexual and respect as everyone else, in devastating health risks for LGBTQ points—personnel policies must affirming care for which in-network care if any of these exist). orientation and/or gender identity. All every area of life. This includes being young people such as depression, enumerate sexual orientation and is unavailable should be covered on the non-discrimination laws ought to be afforded the dignity of equal access to decreased self-esteem, substance gender identity in order for the city same terms as out-of-network coverage Cities will receive credit for offering fully inclusive of lesbian, gay, bisexual, public facilities in accordance with the abuse, homelessness, and even suicidal to receive credit. for other types of necessary care. equal benefits to both same- and transgender and queer people. Sexual gender they live every day. behavior. The harmful practice is different-sex domestic partners of city orientation-only protections are not condemned by every major medical and TRANSGENDER-INCLUSIVE CITY REQUIRES ITS employees and their legal dependents. sufficient to protect the LGBTQ Making single-user facilities open to mental health organization, including HEALTHCARE BENEFITS CONTRACTORS TO Even after nationwide marriage community from discrimination. everyone regardless of gender makes the American Psychiatric Association, Cities, like other employers, provide HAVE INCLUSIVE NON- equality, it is important to respect sense on every level. Not only does it American Psychological Association, health benefits to their employees, DISCRIMINATION POLICIES the diverse family forms that exist by PART I POINTS CAN COME provide a safe space for transgender and American Medical Association. but some employees routinely have Cities who take fair workplaces expanding domestic partner benefits FROM STATE LAW, COUNTY residents, it benefits everyone by critical and medically necessary seriously also require city contractors to include all families. LAW, OR CITY LAW. reducing line wait times. Cities that Cities that enact laws to protect youth treatment excluded from the health care to have inclusive non-discrimination If the state or county has a require all single-user sex-segregated from conversion therapy will garner two options they are offered. Transgender policies. An equal opportunity comprehensive and inclusive non- facilities within the city like bathrooms flex points. discrimination law that applies within and changing rooms to be all-gender
22 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 23 I DESPITE LANDMARK SUPREME COURT RULING IN BOSTOCK, MUNICIPALITIES MUST CONTINUE TO ADVANCE EXPLICITLY LGBTQ- Local Non-Discrimination Laws INCLUSIVE NON-DISCRIMINATION Are Always Beneficial Even when LGBTQ-inclusive ENFORCEMENT ECONOMIC STRENGTH protections exist at higher levels of Municipalities can and should create As noted throughout this report, the LAWS AND POLICIES government, local laws can provide better, more accessible enforcement enactment of strong, comprehensive, many additional, invaluable benefits. options for those who have been and fully-inclusive local non- In June of this year, the Supreme Court of the United States issued a landmark ruling in Bostock v. Clayton This is why states and localities discriminated against. For instance, discrimination laws is one of the County, Georgia confirming that sexual orientation and gender identity discrimination are prohibited across the nation have enacted laws localities can create human rights strongest statements of a community’s under the sex-based employment protections of Title VII of the Civil Rights Act of 1964. This represents codifying and expanding protections commissions with the authority to values. People in search of new places a major step forward for LGBTQ equality and has implications that ought to reach federal civil rights laws that exist on the federal and state levels, enforce non-discrimination protections. to live, visitors in search of leisure forbidding discrimination in all federal laws prohibiting sex discrimination, including education, health care, respectively, for decades. These bodies provide additional getaways, and businesses looking and housing. Despite this significant progress on the federal level, it is imperative that local governments avenues of redress that can resolve to begin or expand operations take continue enacting comprehensive non-discrimination protections that are expressly inclusive of both sexual SCOPE disputes more quickly and with heed. Localities that care enough to orientation and gender identity. Even if federal and state protections significantly less expense than the localize inclusive protections position already exist, local non-discrimination judicial system. Moreover, local human themselves to attract new residents, laws and policies can provide more rights commissions provide remedies visitors, and businesses who value expansive protections for workers, for those who have been harmed by diversity, equity, and inclusion. visitors, and residents. For example, discriminatory practices but lack the Implementation of Bostock Beyond Employment federal employment non-discrimination resources to hire an attorney. law only covers employers that employ Opponents of LGBTQ equality Bostock, LGBTQ people ought to be local governments have the ability to fifteen or more people. This excludes EDUCATION AND AWARENESS have already begun executing legal protected under these federal laws as immediately protect residents from many workers of smaller employers all The legislative process and strategies to attempt to stymie the full well. However, due to the resistance of discrimination in many areas beyond across the country. implementation of local non- and proper implementation of Bostock anti-equality officials and organizations, employment. Localities should exercise discrimination laws create significant beyond the federal employment the full implementation of Bostock will the fullest extent of their legal authority opportunities for preventive anti- context. Current federal civil rights likely require protracted litigation that to clearly and holistically protect the discrimination education and laws contain sex-based protections in could take years. While advocates LGBTQ community without delay. awareness. Additionally, local human numerous areas, including education, continue the fight for Bostock to rights commissions created by non- housing, health care, credit, and jury be correctly applied throughout discrimination ordinances play an service. Pursuant to the reasoning of all relevant federal civil rights law, important role in regularly educating communities on the harms of prejudice and discrimination and the importance of diversity, equity, and inclusion. Limitations of Existing Federal Non-Discrimination Law
Importantly, Bostock only impacts areas all federally-funded programs. While vital protections to LGBTQ people of federal law where sex discrimination advocates across the country continue including in public accommodations, is already explicitly prohibited. to push for the passage of the federal municipal services, and taxpayer- Existing federal statutes do not outlaw Equality Act, which would remedy these funded programs. discrimination on the basis of sex in deficiencies and fully codify Bostock, public spaces and services as well as municipalities can and should extend
24 ISSUE BRIEF — BOSTOCK V. CLAYTON COUNTY, GEORGIA hrc.org/mei hrc.org/mei ISSUE BRIEF — BOSTOCK V. CLAYTON COUNTY, GEORGIA 25 I
SUCCESS STORY: OVERLAND PARK, KANSAS
Inclusion has been part of Since then Overland Park has ordinance prohibiting discrimination Overland Park’s identity since rapidly grown into the second most based on sexual orientation or Conclusion the City was incorporated on populous city in Kansas and the gender identity. Thanks to these Although Bostock represents a correct implementation of Bostock to engage the relatively quick-moving May 20, 1960, when it absorbed Kansas City metropolitan area. The efforts, in 2019 Overland Park watershed victory in the fight for requires immediate application to all gears of municipal government to fill unincorporated neighborhoods City consistently achieves high became the largest city in Kansas to LGBTQ-inclusive non-discrimination other federal sex non-discrimination many of these gaps and offer LGBTQ shunned by adjacent cities national rankings because of its great enact a nondiscrimination ordinance, protections, it does not signal protections, anti-equality opponents are people immediate comprehensive because of the religious faith schools, affordable living, diverse achieved the highest MEI score in the end of the struggle for full, doing everything they can to prevent protections. Moreover, localizing of residents living in those population, major corporations, Kansas, and had the largest increase comprehensive legal equality. The this from happening. Even when fully protections that exist on higher levels neighborhoods. abundance of retail, and many in MEI score of any city in the nation. decision itself directly applies to implemented, Bostock only applies of government provide opportunities for attractive amenities. federal sex non-discrimination to areas of existing federal law that broader protections, more efficient and In 2020, Overland Park continued its protections in employment and does expressly cover sex non-discrimination, accessible enforcement mechanisms, Recently nearly 1,000 residents and efforts to advance LGBTQ equality. not automatically apply to sex non- which excludes important areas of life preventative community education, and community leaders convened as In July, the City requested that the discrimination protections under like access to public accommodations. continued economic growth. part of the “ForwardOP” visioning Kansas Human Rights Commission state and local law. While the only Local officials are uniquely positioned process to outline Overland Park’s (KHRC) interpret existing state path for the next 20 years and laws prohibiting sex discrimination beyond. Participants identified eight so those laws also prohibited major initiatives, including becoming discrimination based on a person’s a more inclusive community. sexual orientation or gender identity. In August, the KHRC announced that In response, in the spring of they would adopt this interpretation 2019 the City Council adopted prohibiting LGBTQ discrimination a resolution directing staff to across the entire state of Kansas. take actions to increase LGBTQ equality in Overland Park. Staff Overland Park has been a welcoming conducted LGBTQ-diversity training community since its very beginning, for law enforcement and other and we are thankful to the Human City personnel; adopted a policy Rights Campaign for providing prohibiting bullying based sexual guidance on how to expand our culture orientation or gender identity on of inclusivity to our LGBTQ community. City facilities; modified several City Hall restrooms to be gender neutral; CARL GERLACH and advocated for state legislation MAYOR prohibiting LGBTQ discrimination. Localizing protections that exist on higher levels of government In the fall of 2019, the City Council passed a nondiscrimination provide opportunities for broader protections, more efficient and accessible enforcement mechanisms, preventative community education, and continued economic growth.
Thanks to these efforts, in 2019 Overland Park became the largest city in Kansas to enact a nondiscrimination ordinance, achieved the highest MEI score in Kansas, and had the largest increase in MEI score of any city in the nation.
26 ISSUE BRIEF — BOSTOCK V. CLAYTON COUNTY, GEORGIA hrc.org/mei hrc.org/mei SUCCESS STORY 27 SUCCESS STORY: TALLAHASSEE, FLORIDA
As Mayor of Florida’s The Tallahassee City Commission As Mayor, I also took explicit steps capital city, I could not be has been a leader in our community to build a more fair, equitable, and III. Services and Programs prouder that Tallahassee has on LGBTQ+ equality since 2009, inclusive city. Early in 2020, I created Census data shows that LGBTQ strategies for making the city more identity). These policies should received a score of 100 on despite state limitations, when the an LGBTQ+ Advisory Council, people live in virtually every city inclusive, and undertake other similar cover, for example, the city’s parks the Municipal Equality Index City expanded our anti-discrimination one of the first of its kind in the in the country, but not every city types of endeavors. Where, in addition and recreation department, library (MEI). I want members of the policies to include sexual orientation state, to evaluate City policies and recognizes that their LGBTQ to the functions listed above, a Human programs, and any other department or LGBTQ+ community to know and gender identity and enacted services, identify deficiencies and constituents can have different Rights Commission has the authority to service that incorporate young people. that Tallahassee is a safe, domestic partner benefits. For gaps in service delivery, and provide needs. This section assesses conciliate, issue a right to sue letter, or welcoming, and inclusive city to years, the MEI has been a critical feedback to my office on better the efforts of the city to include otherwise enforce non-discrimination The MEI also evaluates city services live, work, and play. benchmark for our continued serving the LGBTQ+ community. LGBTQ constituents in city protections, that commission will earn that address segments of the LGBTQ commitment to advancing LGBTQ+ This Advisory Council of volunteer services and programs. two flex points in addition to the five population who are particularly equality, and this year’s perfect score citizens has and will continue to standard points awarded above. vulnerable and may have specific and represents the work of countless use the MEI scorecard to identify Human Rights Commissions do acute needs. While all people age, individuals over many years. opportunities for improvement. important work to identify and eliminate Similarly, an LGBTQ liaison to the battle illness, struggle to fit in, and discrimination; even in jurisdictions Mayor or City Manager’s office (5 work hard to improve their lot in life, We have made great progress, It is one thing to say we are an where LGBTQ equality isn’t explicitly a points) is responsible for looking at these struggles can be different and but we know there is still more work inclusive city; it’s another thing to part of the commission’s charter, these city policies and services through an particularly difficult for LGBTQ people. to do. With the recent completion actually implement policies and commissions investigate complaints, LGBTQ lens and speaking up when a Cities can address these challenges by of our City’s first comprehensive services that help every member educate the city, and sometimes policy or service might exclude LGBTQ offering services—or supporting a third five-year strategic plan, we of our community feel seen, heard, enforce non-discrimination laws. people. This position is also known to party provider of these services—to developed a new list of core values, and valued. The MEI is an important Human Rights Commissions serve as be a friendly ear to constituents who LGBTQ youth, LGBTQ elders, LGBTQ including promoting equity and tool in helping us be such a city, important bridges between constituents want to bring LGBTQ-related issues to homeless people, people who are celebrating diversity. We got to work and we are thankful for the tireless and their city. the city government but are fearful they HIV-positive or living with AIDS and the right away to implement these core work of the Human Rights Campaign might be dismissed or misunderstood. transgender community (2 flex points values in tangible ways. In 2020, to provide municipalities with a A Human Rights Commission will be for each service the city provides). the City Commission unanimously framework and tools that help us worth five standard points if its purpose Cities that expressly prohibit bullying passed the state’s most inclusive achieve these goals. is largely or entirely educational. These based on sexual orientation and conversion therapy ban with the commissions may hold community gender identity in all youth-facing Keep an eye on Tallahassee. We discussions, screen movies, present city programs, activities, services, assistance of many members of scored 100 this year, but we’re not panels, take public comment, advise facilities, and funding will earn up to the public. We also capitalized on done yet. the city on matters of diversity and two flex points (1 flex point for sexual renovations underway in City Hall inclusion, develop policies and orientation/1 flex point for gender to build gender-neutral restrooms to ensure our facilities are more JOHN E. DAILEY accessible to all. MAYOR
While all people age, battle illness, struggle Tallahassee is an inclusive community that welcomes to fit in, and work hard to improve their lot in visitors with open arms and southern charm. Residents life, these struggles can be different and enjoy a high quality of life, which includes awe-inspiring particularly difficult for LGBTQ people. natural beauty; creative, engaging public spaces; and a full- service city government that redefines the standard of public service.
28 HOW IT WORKS hrc.org/mei hrc.org/mei SUCCESS STORY 29 IV. Law Enforcement V. Leadership on LGBTQ Equality
The relationship between law LGBTQ people are vulnerable to LGBTQ people, LGBTQ police liaisons Leadership is an aspect of policy At first glance, these actions may seem For example, a city would be awarded enforcement and the LGBTQ violence arising from bigotry and can help ensure that bias-motivated that is not fully captured by to be more symbol than substance; points if the city council passed a community, particularly LGBTQ ignorance. Law enforcement can help crimes are properly investigated and executive orders or the passage however, as HRC reported in its resolution in support of a state level people of color, is often ensure safety for all by treating LGBTQ reported, victims are not misgendered, of legislation into law. When a groundbreaking youth report in 2012, non-discrimination bill—while this is rightly fraught with suspicion, people with understanding and respect, and the community is kept abreast of city leader marches in a Pride four in ten LGBTQ youth surveyed said not something the city can legislate, misunderstanding, and fear. remaining mindful of the LGBTQ the investigation’s progress. parade, a city joins a pro-equality the community in which they live is it is a powerful statement of the city’s community’s unique law enforcement amicus brief, a city council not accepting of LGBTQ people, and principles nonetheless. concerns and engaging the community Respectful and fair enforcement dedicates a park to an LGBTQ 60% of the youth surveyed said they in a positive way. includes responsible reporting civil rights leader, or a city paints heard negative messages about being The level of support for pro-equality of hate crimes, including for hate its crosswalks in rainbow colors, LGBTQ from elected leaders. legislation is also reflected in this An LGBTQ police liaison (10 points) crimes based on sexual orientation it sends a message to LGBTQ section. The second category rates can serve as an important bridge and gender identity, to the FBI (12 people that they are a valued part Further, LGBTQ youth are twice as the persistence of the city leadership between the community and law points). Such reporting demonstrates of the community. likely as their peers to say they will need in pursuing legislation or policies that enforcement. The liaison is an advocate law enforcement’s attention to these to move from their hometown in order further equality (on a scale of zero to for fair and respectful enforcement crimes and ensures that the larger to feel accepted. When elected leaders three points). of the law as well as an officer that law enforcement community is able speak out on matters of equality, their the community can rely upon to to accurately gauge the scope and constituents do hear—and it informs Note that even small or unsuccessful appropriately respond to sensitive responses to them. their constituents’ perception of safety, efforts are recognized in this category, issues. In instances of violence against inclusion, and belonging. and that these efforts may be heavily weighted if the city’s political This category, therefore, measures the environment is not conducive to commitment of the city to include the passing pro-equality legislation. LGBTQ community and to advocate for full equality. Finally, this section also includes two opportunities to earn flex points: first, The first category rates city leadership for openly LGBTQ people holding (on a scale of zero to five points) on elected or appointed office in the its public statements on matters of municipality (two flex points); and equality, particularly where the city second, for cities who do all they can in leadership pushes for equality in the the face of state law that restricts their face of substantial adversity. ability to pass LGBTQ-inclusive laws or policies (three flex points).
When elected leaders speak out on matters of equality, their constituents do hear— and it informs their constituents’ perception of safety, inclusion, and belonging.
30 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 31 I ADDRESSING SYSTEMIC RACISM
THROUGH arrest and convicted under racist Black order of white supremacy emerged including poll taxes and literacy tests,15 Codes13 then forced to work for local over the ensuing decades, including and the so-called “war on drugs” that MUNICIPAL ACTION planters and industrialists.14 Countless Jim Crow segregation laws, efforts targets BIPOC communities.16 other efforts to preserve the social to prevent Black people from voting
In every locality across the United States, race is a defining social construct that has major impacts on the life of every resident, including those who make up the incredibly diverse LGBTQ community. The precise form this impact takes is defined by one’s actual or perceived race along with other intersecting identities. The actual or perceived race and intersectional identity of some opens the door to opportunity and Systemic Racism in Policing advantage, while that of others engender discrimination, disadvantage, and disparities in virtually every area of life. This has been true since the founding of this country and unfortunately remains true today. Modern American policing provides disproportionate rates. In the United DEMILITARIZE THE POLICE one of the most prominent examples States, Black people are three times Public confidence in law enforcement of enduring systemic racism, an issue more likely to be killed by police.19 One declines with the presence of militarized thrown into the national spotlight this study found that Black Chicagoans are units.24 The transfer of military weapons year by widespread protests against over 650% more likely to be killed by to police departments increases officer- Historical Foundations of Systemic Racism police killings of Black people. While police than white Chicagoans.20 Even induced fatalities among civilians.25 this issue received unprecedented when unarmed, Black people are still While there is a troubling lack of public in the United States national attention this year, the problem more likely to be killed by police.21 data on police militarization, a review of of police killings disproportionately police militarization in Maryland shows Systemic racism, also known Virginia, slavery spread rapidly through norms linked Africans to perpetual labor affecting Black people has been What’s more, racial disparities exist that SWAT teams are more likely to as structural racism, refers to an the American colonies.3 During this first and the colonies began making formal present throughout our history. In fact, throughout police interactions. A be deployed to Black neighborhoods overarching system of racial bias part of the 1600s, enslaved Africans distinctions among people based on one early form of policing that first recent study found that Black people regardless of crime levels, consistent across institutions, culture, and were just one source of labor alongside race. The colonies also began legally emerged in the Carolina colonies in are 20% more likely to be pulled over, with anecdotal evidence across the society.1 Systemic racism does not European indentured servants restricting the interactions between 1704 was known as “slave patrols,” twice as likely to be searched, and less country.26 While much of the process necessarily mean that institutions are and enslaved Indigenous People.4 whites and Blacks, creating a legal which consisted of groups of men likely to be carrying illegal contraband of militarization occurs as a result overtly racist or have patently racist Moreover, enslavement was not always racial hierarchy positioning Black tasked with catching and punishing compared to their white peers.22 Stark of transactions between the federal policies. It also refers to systems, a permanent lifelong status nor did this people at the bottom and white people runaway enslaved people as well racial disparities do not end with police government and state law enforcement institutions, and policies that create or status automatically pass down to the at the top.10 as preventing revolts by enslaved interactions, but hold true throughout departments, local governments should allow disparate negative impacts for children of enslaved peoples.5 people.17 After the Civil War and during the broader criminal justice system.23 take a firm stance against militarization individuals who are Black, Indigenous, The end of chattel slavery in America Reconstruction, many southern sheriffs by explicitly prohibiting the purchase and People of Color (BIPOC). The As the demand for forced labor did not bring about the end of systemic carried on the agenda of maintaining Fortunately, municipalities can take of military equipment by their local law origins of modern systemic racism in increased in the late 1600s, white racism.11 Instead, racial bias across white supremacy by enforcing decisive action to begin addressing enforcement agencies through law, this country is embedded in its very settlers turned to enslaved Africans institutions, culture, and society segregation and preventing freed systemic racism in policing. policy, or budgetary decisions. founding, and the rampant racial as their primary labor source over less merely adapted and evolved with enslaved people from voting.18 Cities, towns, and counties disparities—used herein to refer profitable indentured servants.6 In 1662, every major advancement toward should expeditiously implement REDIRECT FUNDS to the stark overrepresentation of Virginia enacted a law that automatically racial equality. After the Civil War, Enduring system racism in policing the following reforms in their law Research shows that investing directly BIPOC communities in negative applied the legal status of “slave” to the 13th Amendment was passed is evinced by data clearly showing enforcement agencies. in communities, including vital social outcomes based on their proportional the children of enslaved persons.7 In formally abolishing slavery, but it that police kill Black people at services, reduces crime.27 Local representation in the general 1667, another Virginia law removed the enshrined in our Constitution a glaring population—that persist today are religious conditions that sometimes loophole that still contributes to the grim manifestations of the enduring, limited a person’s servitude by making overrepresentation and exploitation of destructive effects of systemic racism. it legal to keep enslaved people even BIPOC communities in the criminal In every locality across the United States, race is a defining if they converted to Christianity.8 This justice system. It allowed slavery and As early as 1526, enslaved Africans marked a turning point in which the involuntary servitude “as a punishment social construct that has major impacts on the life of every were brought to Spanish Florida.2 justification of the enslavement of for crime whereof the party shall have resident, including those who make up the incredibly diverse After 1619, when a Dutch ship brought African peoples shifted from a religious been duly convicted.”12 This led to a approximately twenty enslaved Africans one to justifications based on race.9 By new type of slavery, known as convict LGBTQ community. to the first British colony of Jamestown, the mid-1700s, new laws and societal leasing, in which Black people were
32 ISSUE BRIEF — ADDRESSING SYSTEMIC RACISM THROUGH MUNICIPAL ACTION hrc.org/mei hrc.org/mei ISSUE BRIEF — ADDRESSING SYSTEMIC RACISM THROUGH MUNICIPAL ACTION 33 governments can reduce incidents of TRANSPARENCY AND including implementing data collection crime by redirecting funds to critical ACCOUNTABILITY and analysis to accurately assess Employment, Housing, Education, and Beyond assistance programs as well as housing Police departments must aim to the extent of the problem, regular programs, mental health services, become more transparent by making mandatory training on issues of While policing presents a highly visible “redlining,” or the practice of denying of white students who commit similar substance abuse treatment, and early trainings and departmental procedures profiling, and clear procedures for illustration of the presence and effects mortgages based on the racial and infractions.44 2015-16 data from the intervention programs. (See discussion accessible to the public. Departments receiving, investigating, and responding of systematic racism, systemic racism ethnic makeup of neighborhoods.36 Department of Education found that on intersectionality and equity below for must collect robust data on types to complaints of alleged profiling. affects the municipal institutions with Communities with large BIPOC while Black students make up 15% of important frameworks that should guide of police stops, instances of use of which residents interact in virtually populations were assigned the lowest the total student population in public funding decisions.) force, and the treatment of vulnerable PROHIBIT NO-KNOCK WARRANTS every area of life. investment rating and deemed too risky schools, 31% of students who were populations, including immigrant, No-knock warrants authorize police to for government-backed mortgages.37 arrested or referred to law enforcement CREATE STANDARDS FOR LGBTQ, and Black and Brown enter a premises without announcing Racial disparities run deep in The Public Works Administration, which were Black.45 Furthermore, research ACCEPTABLE USE OF FORCE communities. Local police departments their presence or their purpose. employment. The U.S. economy built the first civilian public housing shows that majority-Black schools are Municipalities should create acceptable should also be transparent with Intended to prevent the destruction of was built on the exploitation and in the U.S., primarily benefited white chronically underfunded.46 use of force standards for police records regarding officers charged evidence or ensure police safety, no- occupational segregation of BIPOC.29 middle- and lower-middle class families departments. At a minimum, it with or disciplined for misconduct. knock warrants have instead led to the By some estimates, slaveholders and built explicitly segregated housing The economic disparities engendered should permit use of force only when Additionally, body cameras have the killing and injury of innocent people. extracted more than $14 trillion in for Black families.38 What’s more, by enduring systemic racism in all of necessary and as a last resort when potential to increase transparency An analysis of no-knock warrant raids labor costs (in today’s dollars) from the Federal Housing Administration these areas of life are striking. The all reasonable options have been and provide an additional perspective conducted by the New York Police enslaved people.30 The legacies of subsidized the building of entire income gap between Black and white exhausted. It should also expressly to police-community encounters. Department found that 10 percent slavery, Black Codes, Jim Crow, racist suburbs with explicit requirements people in the U.S. has persistently prohibit maneuvers and restraints Coupled with a consistent standard were wrong-door raids.28 Local aspects of the New Deal, and limited of restrictive covenants—provisions grown over time. The difference in that restrict the flow of blood or of use, body cameras can be used governments must prohibit the use of funding and reach of government in deeds prohibiting resale to Black median household incomes between oxygen to the brain, including neck to promote both civilian and officer no-knock warrants to ensure the safety anti-discrimination bodies helped keep Americans—while subsiding white white and Black Americans has holds and chokeholds. Moreover, this safety. An appropriate standard should of the people. BIPOC individuals concentrated in families to move out of urban areas grown from about $23,800 in 1970 to policy should ban the use of force emphasize public availability and undervalued occupations and promoted into all-white suburbs.39 Housing roughly $33,000 in 2018.47 Poverty is as a punitive or retaliatory measure regular footage review. employment discrimination as well as discrimination and inequality persists particularly high for those who live at and require law enforcement to wage and benefits disparities based on today. A 2012 study by the Department the intersection of racial minority and use de-escalation tactics instead. END RACIAL PROFILING race.31 A recent study by the Harvard of Housing and Urban Development LGBTQ status. BIPOC LGBTQ people Police officers must also act when Profiling and discrimination in policing Business Review found that since and the Urban Institute found that have statistically significant higher they observe misconduct by fellow must be strictly and explicitly prohibited. 1990, white applicants received 36% real estate agents and rental housing poverty rates than their same-race non- officers. When witnessing a colleague These policies must prohibit law more callbacks on average than Black providers recommend and show fewer LGBTQ counterparts.48 For example, using excessive force or engaging in enforcement from targeting a person applicants and 24% more callbacks available homes and apartments to 30.8% of Black LGBTQ people live in wrongdoing, police officers should based on actual or perceived race, than Latinx applicants with identical racial minorities than equally qualified poverty, whereas 25.3% of Black non- have a duty to intervene and accurately ethnicity, national origin, religion, resumes.32 As of August 2020, the whites.40 Additionally, the Census LGBTQ people live in poverty.49 report the incident to supervisors, disability, gender, gender identity, Black unemployment rate is twice as Bureau reported that Black households making it clear to the community and or sexual orientation. Anti-racial high as the white unemployment rate. 33 had the lowest homeownership rate The scourge of systemic racism to other officers that law enforcement’s profiling policies should also require Moreover, as we’ve seen in many areas, at 44%, nearly 30 percentage points extends to many other areas of life, primary responsibility is to protect and law enforcement to take affirmative the COVID-19 pandemic amplifies behind white households.41 including health care and public serve the public. measures to eliminate profiling, existing disparities. A recent Human services. This reality combined with Rights Campaign report found that Systemic racism also begins transphobia and sexism contributes to BIPOC LGBTQ people are 70% more disadvantaging Black students the tragic, escalating epidemic of fatal likely than the general population to from the moment they enter the violence against Black and Brown have lost their jobs since states initiated educational system. For example, transgender women. While the pervasiveness of systemic racism and reopening policies due to COVID-19.34 a 2014 Department of Education the severity of the racial disparities it creates may seem study found that although Black While the pervasiveness of systemic Federal New Deal housing policies students make up only 18% of all racism and the severity of the racial daunting, municipal officials have many tools at played a central role in the creation preschoolers, they represent 50% of disparities it creates may seem daunting, their disposal to begin addressing these issues in and persistence of segregated Black all preschool suspensions.42 White municipal officials have many tools at neighborhoods during a significant children, on the other hand, make up their disposal to begin addressing these their communities. part of the 1900s.35 The federal Home 40% of all preschool enrollment but issues in their communities. Owners’ Loan Corporation, created to represent 26% of those receiving refinance home mortgages in default suspensions.43 Black students in K-12 to prevent foreclosure, institutionalized are suspended at three times the rate
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Crafting Solutions CHECKLIST Understanding and operationalizing marginalized identities. Their life and access to opportunities intended to the core concepts of intersectionality daily experiences are unfortunately be equally available to everyone. This BUILD A STRONG FOUNDATION disparities and propose revisions INNOVATE and equity are central to developing shaped by a complex, compounded takes into account the unequal footing OF NON-DISCRIMINATION or other potential solutions. Addressing issues as pervasive and and implementing effective local mix of prejudices and discrimination traditionally marginalized groups, As noted above, true equity cannot Local commissions should be complex as systemic racism, the laws, policies, and services to begin on account of their actual or perceived including LGBTQ people and Black be achieved without the baseline composed of diverse community racial disparities it creates, and the addressing the disparities engendered identities as Black, transgender, female, and Brown communities, start off on of robust enforceable non- members—including BIPOC compounding effects of multiple by systemic racism. and a person living with a disability. This because of the effects of historical and discrimination laws and policies. residents, LGBTQ residents, and intersecting identities requires term was born out of Black feminism, extant systemic marginalization and Municipal officials must ensure those with intersecting marginalized thorough study and innovative INTERSECTIONALITY coined by lawyer, scholar, and professor discrimination. Equality, on the other that every city department has an identities—who possess thorough thinking. One innovative approach Intersectionality refers to the complex, Kimberlé Crenshaw in a 1989 paper hand, refers to treating everyone the enumerated non-discrimination understandings of systemic racism, cities can take is creating an Equity cumulative way in which the effects published in the University of Chicago same and offering everyone the same policy that expressly prohibits intersectionality, and equity. Task Force that brings together of multiple forms of discrimination Legal Forum entitled “Demarginalizing opportunities. In essence, equality is discrimination against BIPOC Human rights commissioners members of the local human rights (such as racism, sexism, homophobia, the Intersection of Race and Sex.”51 the foundation that makes the ultimate individuals, including BIPOC should regularly consult with local commission, city council, the transphobia, ableism, and classism) goal of equity possible. Equity is LGBTQ people. These policies advocates representing BIPOC mayor’s office, the city manager’s combine, overlap, or intersect, EQUITY important because even if opportunities should cover municipal employment communities and those with multiple office, and municipal agencies to especially in the experiences of Equity is an important concept are equally available to everyone, (Part II of the MEI Scorecard) as marginalized identities. Moreover, study and identify racial disparities, marginalized individuals or groups.50 that is distinct from the concept of those who are oppressed by systemic well as city services, programs, local human rights commissions review municipal policies and A person who identifies as Black, equality. Equity means providing tools barriers (like systemic racism) face and facilities. Local legislators should make it part of their mission services for effectiveness in transgender, and female, and and resources according to need unique difficulties in accessing those should enact robust citywide to end the epidemic of violence reducing disparities, identify unmet who is living with a disability, lives such that historically disadvantaged equal opportunities, often resulting in non-discrimination protections that against transgender and gender community needs, and formulate at the intersection of all of these communities truly have the same continued inequality. explicitly includes race and ethnicity non-conforming individuals, which services and policies that further as well as sexual orientation and disproportionately affects Black and equity and wellbeing for BIPOC gender identity (among other Brown transgender women. residents, including BIPOC protected characteristics) in all LGBTQ residents. areas of life including employment, RESTRUCTURE BUDGET housing, and public spaces (Part I PRIORITIES ADVOCATE FOR REFORM of the MEI Scorecard). Municipalities should make BEYOND CITY LIMITS addressing systemic racism a The voices of local officials, the CREATE AND EMPOWER LOCAL budgetary priority by (as discussed closest representatives of the Understanding and operationalizing the core HUMAN RIGHTS COMMISSIONS earlier) divesting from police people, carry significant clout. As local bodies specifically budgets and investing directly in Mayors, city council members, concepts of intersectionality and equity are designed to take on the issues BIPOC and other marginalized police chiefs, human rights central to developing and implementing of prejudice and discrimination, communities. Local officials must commissioners, and other local human rights commissions (Part III increase funding for social services, officials should voice their support effective local laws, policies, and of the MEI Scorecard) are well- direct assistance programs, for policy reforms to address services to begin addressing the disparities situated to begin addressing system health care (including mental systemic racism not only within racism in local communities with health care), housing and food their own spheres of authority, engendered by systemic racism. a focus on intersectionality and security programs, education, but also in local school boards, equity. They can be created by and employment programs state government, and the federal executive action or ordinances and while making sure that services government. Local officials can should be adequately funded and are equitably accessible to the make their voices heard in many empowered to enforce citywide multiply marginalized. City budgets ways including through official non-discrimination laws. These should also adequately fund anti- statements, social media channels, entities should also be given the discrimination bodies like local proclamations, and resolutions. authority to review municipal laws human rights commissions. and policies for unintended racial
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Conclusion Endnotes
Systemic racism is a grave and Americans continue to suffer the worst this issue head on, including reshaping 1 Being Antiracist, National Museum of African 20 Id. 36 Michela Zonta, Racial Disparities in Home American History & Culture (last visited Nov. 10, Appreciation, Center for American Progress (July 21 Li Cohen, It’s been over 3 months since George Floyd pervasive problem deeply rooted in our racial disparities in virtually every area city budgets and creating local task 2020), https://nmaahc.si.edu/learn/talking-about-race/ 15, 2019), https://www.americanprogress.org/ was killed by police. Police are still killing Black topics/being-antiracist. issues/economy/reports/2019/07/15/469838/racial- nation’s history. The legacies of slavery, of life. These racial disparities are often forces to promote genuine equity people at disproportionate rates., CBS News (Sept. disparities-home-appreciation. Black Codes, Jim Crow, the New drastically compounded for BIPOC for BIPOC communities. As leaders 2 Crystal Ponti, America’s History of Slavery Began 10, 2020), https://www.cbsnews.com/news/george- Long Before Jamestown, The History Channel (Aug. floyd-killing-police-black-people-killed-164/. 37 Id. Deal, and many other racially biased individuals who live at the intersection entrusted with the most important task 26, 2019), https://www.history.com/news/american- 22 Emma Pierson et al., A large-scale analysis of racial 38 Gross, supra note 35. slavery-before-jamestown-1619 (last visited Nov. 9, governmental laws and policies still of multiple marginalized identities, like of ensuring the health, safety, and well- disparities in police stops across the United States, 4 2020). 39 Id. affect the institutions and systems that BIPOC transgender and gender non- being of all residents, municipal officials Nature Human Behavior 736, 738-739 (2020). 3 History.com Editors, Black History Milestones: 40 Margery Austin Turner et al., Housing Discrimination 23 See, e.g., Report of the Sentencing Project to the shape every aspect of American life. conforming people. Though the issue of must immediately begin to address Timeline, The History Channel (June 6, 2020), https:// Against Racial and Ethnic Minorities 2012 (2013), United Nations Special Rapporteur on Contemporary www.history.com/topics/black-history/black-history- https://www.huduser.gov/portal/Publications/pdf/ Together, these create the conditions systemic racism may seem dauntingly the blight of systemic racism in their Forms of Racism, Racial Discrimination, Xenophobia, milestones (last visited Nov. 9, 2020). HUD-514_HDS2012.pdf. where racialized police violence colossal, local officials have many tools communities and beyond. and Related Intolerance, The Sentencing Project 4 Historical Foundations of Race, National Museum of (March 2019), https://www.sentencingproject.org/ 41 Dima Williams, A Look At Housing Inequality and endures with impunity and where Black at their disposal to begin addressing African American History & Culture, https://nmaahc. publications/un-report-on-racial-disparities/. Racism in the U.S., Forbes (Jun. 3, 2020), https:// si.edu/learn/talking-about-race/topics/historical- www.forbes.com/sites/dimawilliams/2020/06/03/ 24 Jonathan Mummolo, Militarization fails to enhance foundations-race (last visited Nov. 9, 2020). in-light-of-george-floyd-protests-a-look-at-housing- police safety or reduce crime but may harm police inequality/?sh=7353471339ef. 5 Id. reputation, Proceedings of the National Academy of Sciences of the United States of America (Aug. 20, 42 Black Preschoolers Far More Likely to Be Suspended, 6 Id. 2018), https://doi.org/10.1073/pnas.1805161115. NPR (Mar. 21, 2014), https://www.npr.org/sections/ 7 Id. codeswitch/2014/03/21/292456211/black- 25 Casey Delehanty et al., Militarization and police preschoolers-far-more-likely-to-be-suspended. 8 Id. violence: The case of the 1033 program, Res. & Pol. (June 14, 2017), https://journals.sagepub.com/doi/ 43 Id. 9 Id. full/10.1177/2053168017712885. 44 Id. 10 Id. 26 Mummolo, supra note 24. 45 This is also known as the school-to-prison-pipeline. 11 “Chattel slavery” refers to a system of slavery in which 27 See generally, Leah Sakala, Samantha Harvell Jacqueline Thomsen, Education Department Data an individual is enslaved forever, their children are & Chelsea Thomson, The Urban Institute, Public Shows Black Students are Disproportionately automatically legally enslaved at birth, and enslaved Investment in Community-Driven Safety Initiatives Suspended, Arrested, The Hill (Apr. 24, 2018), https:// persons are treated as property. What is Slavery?, The (2018). thehill.com/regulation/384594-ed-dept-data-reveals- Abolition Project, http://abolition.e2bn.org/slavery_40. black-students-are-disproportionately-suspended- html (last visited Nov. 9, 2020). 28 Dara Lind, Cops do 20,000 no-knock raids a or-arrested; see also School-to-Prison Pipeline year. Civilians often pay the price when they go 12 U.S. Const. Amend. XIII, § 1. [Infographic], ACLU (last visited Nov. 10, 2020), wrong., Vox (May 15, 2015), https://www.vox. https://www.aclu.org/issues/juvenile-justice/school- 13 com/2014/10/29/7083371/swat-no-knock-raids- Black Codes were laws designed to limit the freedom prison-pipeline/school-prison-pipeline-infographic. of Black Americans and provide an easy basis for police-killed-civilians-dangerous-work-drugs. 46 Fatal Violence Against the Transgender and Gender arresting and convicting Black people for exploitation 29 See, e.g., Danyelle Solomon, Systematic Inequality and Non-Conforming Community in 2020, Human Rights under the Economic Opportunity, Center for American Progress Join HRC’s pledge for local elected Campaign (last visted Nov. 10, 2020), https://www. 13th Amendment’s loophole. History.com Editors, (Aug. 7, 2019), https://www.americanprogress.org/ hrc.org/resources/violence-against-the-trans-and- Black Codes, The History Channel (Oct. 10, 2019), issues/race/reports/2019/08/07/472910/systematic- leaders to end violence against Black gender-non-conforming-community-in-2020; Gina https://www.history.com/topics/black-history/black- inequality-economic-opportunity/. codes. Martinez & Tara Law, Two Recent Murders of Black and Brown transgender women. 30 Id. Trans Women in Texas Reveal a Nationwide Crisis, 14 Slavery by Another Name - Convict Leasing, PBS. Advocates Say, Time (June 12, 2019), https://time. 31 Id. org, https://www.pbs.org/tpt/slavery-by-another- com/5601227/two-black-trans-women-murders-in- name/themes/convict-leasing/. 32 Lincoln Quillian et. al., Hiring Discrimination Against dallas-anti-trans-violence/. 15 Black Americans Hasn’t Declined in 25 Years, Voting Rights for African Americans, Library of 47 Katherine Schaeffer, 6 facts about economic inequality Harvard Business Review (Oct. 11, 2017), https:// Congress, https://www.loc.gov/classroom-materials/ in the U.S. (Feb. 7, 2020), https://www.pewresearch. hbr.org/2017/10/hiring-discrimination-against-black- elections/right-to-vote/voting-rights-for-african- org/fact-tank/2020/02/07/6-facts-about-economic- americans-hasnt-declined-in-25-years. americans/. inequality-in-the-u-s/. 16 33 Olugbenga Ajilore, The Persistent Black-White Graham Boyd, The Drug War is the New Jim Crow, ACLU 48 M. V. Lee Badgett et al., LGBT Poverty in the United Unemployment Gap is Built Into the Labor Market, (Aug. 2001), https://www.aclu.org/other/drug-war-new- States, UCLA Williams Inst. (Oct. 2019), https:// Center for American Progress (Sept. 28, 2020), jim-crow. williamsinstitute.law.ucla.edu/wp-content/uploads/ https://www.americanprogress.org/issues/economy/ 17 National-LGBT-Poverty-Oct-2019.pdf Olivia B. Waxman, How the U.S. Got Its Police news/2020/09/28/490702/persistent-black-white- Force, Time Magazine (May 18, 2017), https://time. unemployment-gap-built-labor-market/. 49 Id. com/4779112/police-history-origins/ (last visited Nov. 9, 2020); Victor E. Kappeler, A Brief History of 34 Madeleine Roberts, New Data from Human Rights 50 Intersectionality, Mirriam-Webster Dictionary (last Slavery and the Origins of American Policing, Eastern Campaign Foundation and PSB Insights Show visited Nov. 10, 2020), https://www.merriam-webster. Kentucky University - Police Studies Online, https:// Negative Economic Impact of Reopening on LGBTQ com/dictionary/intersectionality. plsonline.eku.edu/insidelook/brief-history-slavery-and- People, Human Rights Campaign (Sept. 4, 2020), 51 Kimberlé Crenshaw, Demarginalizing the Intersection origins-american-policing (last visited Nov. 9, 2020). https://www.hrc.org/press-releases/new-data-from- of Race and Sex: A Black Feminist Critique of human-rights-campaign-foundation-and-psb-insights- 18 Antidiscrimination Doctrone, Feminist Theory and Id. show-negative-economic-impact-of-reopening-on- Antiracist Politics, 1989 U. Chi. Legal Forum 139 19 lgbtq-people. Gabriel L. Schwartz & Jaquelyn L. Jahn, Mapping fatal (1989). police violence across U.S. metropolitan areas: Overall 35 Terry Gross, A ‘Forgotten History’ of How the U.S. rates and racial/ethnic inequalities, 2013-2017, PLOS Government Segregated America, NPR (May 3, 2017), ONE (June 24, 2020), https://doi.org/10.1371/journal. https://www.npr.org/2017/05/03/526655831/a- pone.0229686. forgotten-history-of-how-the-u-s-government- segregated-america.
38 ISSUE BRIEF — ADDRESSING SYSTEMIC RACISM THROUGH MUNICIPAL ACTION hrc.org/mei hrc.org/mei ISSUE BRIEF — ADDRESSING SYSTEMIC RACISM THROUGH MUNICIPAL ACTION 39 ACKNOWLEDGING CONTEXT
Not All Cities Are Created Equal Fair Assessment Respects Legal Differences
Some cities have the autonomy The MEI is designed to understand Flex points can also provide some The Municipal Equality Index is carefully QUESTION 2 It is not a rating of the best places and wherewithal to pass the unique situation of each city and leeway for cities that face challenges designed to rate cities in detail while How could the MEI assess a list of for LGBTQ people to live, nor is it inclusive laws and offer cutting- is structured to reward the specific in accomplishing the specific respecting that a number of factors cities as diverse as those selected while an evaluation of the adequacy or edge city services; other achievements of a local government. achievements the MEI measures, and may boost or inhibit a city’s ability acknowledging that the smaller places effectiveness of enforcement. cities are hampered by severe ensure that every city has the ability to or incentives to adopt the laws and rated may understandably have less state-imposed limitations on The efforts and achievements of each improve its score for next year. policies this project rates. capacity to engage on LGBTQ issues? It is not an encapsulation of what it feels their ability to pass inclusive laws, city can only be fairly judged within that like to be an LGBTQ person walking or they have found that the small city’s context; while imposing a score CONSIDERATION OF Given the range of authority and ANSWER down the street. While some LGBTQ scope of their local government may seem to strip a city of its context, STATE LAW incentives that cities have, and We addressed concerns about a small people may prefer to live in cities limits their capabilities. the MEI honors the different situations Second, the MEI weights state and acknowledging that our effort to rate city’s capacity to affect change by that respect and include them, there from which the selected cities come in municipal law such that the effect small cities as well as large cities building flexibility into the scorecard are undoubtedly many other factors three major ways: of excellent or restrictive state law does exacerbates these challenges, the through the use of flex points and by that make a community a welcoming, not determine the city’s ability to MEI had to wrestle with three major providing multiple avenues toward inclusive place to live. FLEX POINTS score well. questions in its initial design. earning points. First, in addition to the 100 standard To be clear, the MEI specifically rates points for city laws and services, the LEGISLATIVE LEADERSHIP QUESTION 1 QUESTION 3 cities on their laws and policies while MEI includes 22 flex points. Third, it also rates the city leadership’s How could the MEI fairly take state What do MEI scores say about the respecting the legal and political public position on LGBTQ equality and law into account, particularly as the atmosphere for LGBTQ people living context the city operates within. It is not Flex points are awarded for essential gives credit for legislative efforts (even disparity between states with pro- and working in a particular place? a measure of an LGBTQ person’s lived programs, protections, or benefits that unsuccessful efforts), so if a city has equality laws and states without pro- experience in that city. are not attainable or very difficult to outspoken advocates for equality who equality laws continues to grow? ANSWER attain for some cities; therefore, cities are unfortunately still in the minority, the This last point is to recognize that even with the item are rewarded, but cities city will still receive credit for the efforts ANSWER the most thoughtful survey of laws without it are not penalized. it has made. The answer is balance; the rating and policies cannot objectively assess system would not be fair if cities the efficacy of enforcement and it were not able to score a 100 on the certainly cannot encapsulate the lived MEI without living in a state that had experience of discrimination that many favorable state law. Allocating the LGBTQ people—even those living in The MEI is designed to understand the unique points carefully to respect the dynamic 100-point cities—face every day. situation of each city and is structured to reward relationship between state and local government was a must, and we This question can only be answered the specific achievements of a local government. concentrated on what the state law by precisely defining what the MEI is meant for the city being rated. designed to do: the MEI is an evaluation of municipal laws and policies.
Even the most thoughtful survey of laws and policies cannot encapsulate the lived experience of discrimination that many LGBTQ people—even those living in 100-point cities—face every day.
40 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 41 CITY SIZE NOT PREDICTIVE OF MEI SCORE Accounting for City Size
The MEI rates municipalities Fairness dictates that the MEI not pertaining to a city’s administrative as small as Rehoboth Beach, measure small cities against a standard structure and capabilities are generally Delaware (2010 population only the metropolitan giants of the flex points and there often are multiple according to the US Census: country can meet. paths to earning the same set of points. 1,327) and as large as New York City (2010 population according The MEI is designed to ensure that Having alternative paths to the same to the US Census: 8,175,136). small cities have the same ability to points and classifying some points as Such a range in city size creates score well on the MEI as large cities do. flex points accommodates the varying concerns about ensuring that needs and capabilities of different the efforts of small cities are not First, while some of the criteria might sized cities. diminished in comparison to the be more challenging for a small city to capabilities of large cities. accomplish, none of the non-flex criteria An analysis of the MEI’s results over are prohibitive for small cities. Further, the past several editions shows these flexibility was built into the scoring efforts to accommodate small cities system to acknowledge that a small worked: small cities were able to score city may accomplish the criteria in a comparably with the large cities. slightly different manner: for example, an LGBTQ liaison may have many More than half of the cities rated qualify other duties, and a Human Rights as “small”, and these continue to be Commission might be all-volunteer. represented more or less proportionally across the range of scores, including Second, the MEI uses flex points top scores. In every edition the data has to ensure cities are not being held clearly shown that a city’s score is not accountable for services that they well predicted by its size. simply are unable to provide. Points
Having alternative paths to the same points and classifying some points as flex points accommodates the varying needs and capabilities of different sized cities.
42 HOW IT WORKS hrc.org/mei MEI ALL-STARS High Scores in States Without Non-Discrimination Laws that Expressly Include LGBTQ People Balancing State and Local Laws Cities are creations of the state. To be a worthwhile survey of cities If a state has a comprehensive and Cities are granted the power to across states, the MEI must be inclusive non-discrimination law, a 2 govern by their states, and some respectful of how different cities are city may not be incentivized to pass 88 states have multiple classes from one another. an ordinance extending duplicative of cities that are invested with protections, but it should still have varying degrees of autonomy. This is especially true when LGBTQ those protections reflected in its score. Some cities are granted so much law is the subject being surveyed. 8 power that they have nearly Some cities are hampered from Conversely, the city should be able Decatur complete independence, but passing pro-equality laws by state law to achieve a top score on the basis of Terre Haute other cities—particularly smaller that limits their ability to do so; others municipal law alone—otherwise the MEI 0 cities—are more limited in the come from states with strong pro- would not be a true evaluation of cities. scope of their city government. equality laws that ensure a high level of The success of this balanced approach legal protections for all. is demonstrated by a number of cities who were able to achieve top scores The MEI balances the influence of despite being in states that do not have LGBTQ-inclusive state law by weighing pro-equality laws. state and local laws equally, and by not awarding double points to a city fortunate enough to have protections at both the state and local levels.
8 2 Ne Ho e
8 Cha el Hill 8
100
live in localities that explicitly cover trans folks at the 1 25 Coral Gables million people local level alone
8 La rence
44 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 45 Understanding Restrictive State Law Effect of Enforcement and Lived Experience
Some states restrict their cities An example of restrictive legislation These flex points help to level the The MEI is an encapsulation of Fair and respectful implementation of Collecting and assessing such data from passing inclusive laws either is a Tennessee law that prohibits playing field for restricted cities; the best practices of inclusion the best practices described by the in an objective, thorough way would by passing specific legislation municipalities from passing non- however, the small number of cities followed by cities nationwide. It MEI is crucial if the policies are to be impossible. However, a city will that prohibits cities from doing discrimination ordinances that affect suffering such restrictions will find it is a blueprint for positive change have any meaning. Realistically, the not receive credit for reporting hate so or through application of the private employees. Because of these extremely challenging—and, in some and an opportunity for cities to MEI simply has no objective way of crimes if the city hasn’t reported any Dillon’s Rule (which prevents types of restrictions, not every city cases, perhaps impossible—to score a become aware of best practices measuring the quality of enforcement. hate crimes of any kind this year or for cities from providing broader non- has the power to enact the types of 100 on the MEI. in municipal equality. It is not a Even the most thoughtful survey of five previous years. The MEI deems discrimination protections than legislation that the MEI measures. ranking of the friendliest cities laws and policies cannot objectively this effectively non-reporting because those offered under state law) to While this may initially appear to be to live. It neither attempts to assess the efficacy of enforcement the probability is very low that a city LGBTQ-inclusive legislation. Cities with a dedication to equality at odds with the MEI’s purpose of quantify how respectfully cities and it certainly cannot encapsulate truly experienced zero hate crimes of that are in Tennessee and North evaluating what cities do, the bottom enforce their laws, nor does it the lived experience of discrimination any kind in five years. While this is a Carolina, for example, will never be line is that these vital protections don’t try to gauge the experience of an that many LGBTQ people—even judgment call, it is the best measure the able to score as well as cities with exist for the folks who live and work in LGBTQ person interacting with those living in 100 point cities—face MEI has to determine if hate crimes are comparable dedication to equality these cities. That these cities will face the police or city hall. every day. being taken seriously at the local level. that exist in states without the an uphill battle in earning points for restrictive laws. certain criteria on the MEI is a reflection The MEI can make some limited, A 100-point city, then, may have terrific of the actual difficulties they face as a blunt judgments about the existence policies—a well-trained police force, However, the MEI provides avenues for result of restrictive state law. of enforcement, if not its quality. For a police liaison, and consistent hate cities who are dedicated to equality— example, one of the harder questions crimes reporting—but nevertheless as some cities in North Carolina Ameliorating the effect of a restrictive the MEI faces is evaluating how be an atmosphere in which LGBTQ and Tennessee are—to have that state law on the MEI score would seriously police departments take people have intense fear of tangling commitment reflected in their score be a dishonest representation of the anti-LGBTQ related violence. While with the police department. This despite restrictive state law. protections that the city truly does offer. the MEI awards points to cities that fear may be magnified for LGBTQ report hate crimes statistics to the people of color or undocumented Flex points are offered for testing FBI, it does not evaluate whether the LGBTQ immigrants, and the MEI the limits of these state restrictions, report made by the police department reflects discrimination against those while standard points reflect city to the FBI is an accurate reflection populations in only a general way. On leadership advocating against the of hate crimes, whether detectives the other hand, a police department state restrictions. competently collected evidence related in a 40-point city could have none of to proving a hate-related motivation these policies but have a reputation for for the violence or whether the police fair and respectful enforcement. The department created a safe space for MEI specifically rates cities on their victims to come forward. It doesn’t laws and policies; it is not a measure of measure how respectful police are an LGBTQ person’s lived experience in when making a stop, nor how the that city. police decide whom to stop. The MEI provides avenues for cities that are dedicated to equality to have that dedication reflected in their score despite The MEI specifically rates cities on their laws and restrictive state law. policies; it is not a measure of an LGBTQ person’s lived experience in that city.
46 HOW IT WORKS hrc.org/mei hrc.org/mei HOW IT WORKS 47 WHAT WE FOUND SUMMARY OF RESULTS
The 2020 MEI rates the same 506 federal officials—many local legislators KEY FINDINGS Municipal Employment, Contracting, Equality Across America below the national average, medium- cities for the fifth year in a row across the nation never lost sight of Citywide Protections and Programs This year’s data confirms the fact that sized cities (populations between based on the same criteria as the vital importance of protecting Despite another year of some Cities recognize that inclusive localities all over the country—small and 100,000 and 300,000) averaged four the prior two years. Because the their LGBTQ communities. They state legislatures and the federal workplace policies help attract and large, red and blue—care deeply about points above the national average. cities rated and criteria herein are understand that these twin pandemics government working to roll back retain the best and brightest employees. creating inclusive communities through Large cities (populations above identical to the previous report, drastically amplify existing disparities, hard-won protections—even in the 429 cities (nearly 85% of all rated pro-equality laws, policies, and services. 300,000) ranked by the MEI had a key measures from this year’s hitting vulnerable populations like midst of a devastating pandemic and cities) now have equal employment mean score of 86 points. Notably, the report directly demonstrate a LGBTQ people of color the hardest. widespread racial injustices—cities opportunity policies that expressly The six most improved cities since the vast majority (81%) of cities that scored sustained, record-setting pro- Moreover, they understand that robust across the nation of all sizes and include sexual orientation and/or last MEI are: above the national average were small equality trend. This is all the more anti-discrimination measures form the compositions took decisive steps to gender identity, up by 21 over the past and medium sized cities. noteworthy in the context of the foundation on which true equity can be protect the most vulnerable members year. Additionally, 188 municipalities • Newport News, Virginia, which twin pandemics of COVID-19 built (for more on equity and addressing of their communities. now require their contractors to have increased its score by 46 points and racial violence that localities systemic racism, see page 32). employment non-discrimination policies since last year; across the country continue to MEI-rated Decatur and Savannah, that include sexual orientation and/or • Bismarck, North Dakota, which Cities that Scored Above grapple with. A LANDMARK SUPREME Georgia enacted LGBTQ-inclusive gender identity. jumped 44 points since 2019; COURT DECISION non-discrimination protections the National Average This edition of the MEI revealed the A ray of hope came in June of this covering citywide employment, A growing number of cities are also • West Lafayette, Wisconsin, which largest number of top-scoring cities year when the Supreme Court of housing, and public accommodations. enacting enumerated laws or policies improved its score by 43 points over in the report’s nine year history. Since the United States ruled in Bostock Additionally, MEI-rated Alexandria and that prohibit bullying in all youth-serving the past year; the MEI’s 2012 inaugural issue, the v. Clayton County, Georgia that Arlington County, Virginia took steps city services, programs, and facilities. • Hampton, Virginia, which gained 42 number of 100-point cities has steadily sexual orientation and gender to strengthen local protections on the 35 cities now have these vital LGBTQ- points; and increased each year. 94 cities now identity discrimination are prohibited basis of gender identity. inclusive bullying prevention policies, up claim the maximum score of 100 points, under the sex non-discrimination from 25 last year. • Savannah, Georgia, and Ketchikan, 39% 42% Alaska, which both increased by 38 up from 88 municipalities last year employment protections of Title VII The number of municipalities that SMALL MEDIUM and just 11 in 2012. What’s more, the of the Civil Rights Act of 1964. Still, enacted ordinances to protect against Transgender-Inclusive points since last year. national city score average jumped many local legislators—including so-called “conversion therapy”—harmful, Healthcare Benefits to an all-time high of 64 points (up those in Reynoldsburg, Ohio; discredited practices that attempt to Because transgender people are Compared to 2019, 38 state averages from 60 last year), marking the fourth Savannah, Georgia; and Holland, change a person’s sexual orientation or often denied coverage for medically increased and eight stayed the same. 19% consecutive year of national average Michigan—listened to the calls of gender identity—significantly increased necessary care, it is important for LARGE increases as well as the highest year- community advocates urging them to over the past year. As of this report, cities to explicitly affirm coverage for • Cities in North Dakota increased by over-year national average growth ever. continue advancing comprehensive 35 MEI-rated cities have local anti- transition-related health care (including an average of 31 points. non-discrimination laws. These conversion therapy protections in states gender-affirming surgical procedures, • Cities in Nebraska and Virginia PROGRESS IN A YEAR OF advocates understood that Bostock with no state-level protections (up from hormone therapy, mental health increased by an average of 24 points. COLOSSAL CHALLENGES did not end the struggle for full, 28 last year). care, and all related medical visits 2020 has been a year of unthinkable comprehensive legal equality (for and laboratory services) in employee • Cities in Kansas increased by an challenges. The twin pandemics more on Bostock and the continued Furthermore, public accommodations healthcare plans. The MEI has tracked average of 22 points. of COVID-19 and racial violence importance of local non-discrimination in 103 MEI-rated municipalities are the existence of transgender-inclusive continue to affect every community laws, see page 24). required to make single-user restrooms city employee health care plans since Every region of the country saw a mean in the country. Despite having to available to people of all genders its first edition. Of the 137 cities rated in city score increase this year, with the tackle these colossal challenges with pursuant to city, county, and/or state law. the inaugural 2012 MEI, only 5 offered exception of the New England region limited time and resources—and often these vital benefits. Eight years later, which maintained its 2019 average. with little or no help from state and that number has taken an impressive Although small cities (populations leap to 179 of 506 rated cities. below 100,000) averaged eight points
50 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 51 SELF-SUBMIT
Cities Not Rated by the MEI Submit Themselves
The 2020 MEI boasts a record- 100 P Currently, the MEI rates 506 cities This is why we created a self-submit these cities have demonstrated their setting 61 “All-Star” Cities — cities from all across the country. In process to allow cities that do not fall commitment to equality and are 0 that scored above eighty-five points 2012, this project began with just under our selection criteria to receive sending a message to their LGBTQ despite being in a state with no 137 municipalities. Though the a rating. City leadership who wish residents that they are a welcome and explicit state-level statutory non- MEI’s reach is far and wide, our to have their city’s laws and policies important part of the community. discrimination protections for sexual 20 general selection criteria may not assessed according to MEI standards orientation and gender identity.* Small capture some cities that wish to can send an email to the MEI team at We might not be able to include cities make up the largest proportion be rated. [email protected] with all of the relevant scores from cities that self-submit of 2020 All-Star Cities. 10 documentation needed to justify credit in the publication, but we will always for each criterion. provide cities with their own scorecard and support them in working toward
NUMBER OF 100 POINT CITIES 0 In 2020, we had 6 cities successfully LGBTQ equality. self-submit: Doraville, Georgia; AIN EST T LA ES TLANTIC PLAINS Dublin, California; Laguna Beach, Full scorecards for self-submit MOUNT SOUTHEAST SOUTH EST GREA California; Miami Beach, Florida; New cities can be found on hrc.org/MEI. NE ENGLAND MID A Rochelle, New York; and West Palm REGION Beach, Florida. By self-submitting, All-Star Cities by Size
94 municipalities achieved a 100-point CONCLUSION score this year. This represents a nearly The 2020 MEI makes it clear: In By self-submitting, cities demonstrate ninefold increase in 100-point cities the absence of federal and state their commitment to equality and send since the first edition of the MEI. leadership, local officials continue 30% to work tirelessly to ensure that a message to their LGBTQ residents that 40% MEDIUM 100-point localities come from everyone in their communities can they are a welcome and important part of the every region of the country and secure housing, make a living, and SMALL span the wide spectrum of city size, participate in community life without community. demographics, and political leanings. being discriminated against because of 30% This group comprises cities from 30 who they are or who they love. These LARGE states, including municipalities in local officials know that extending legal Alabama, Arizona, Florida, Georgia, protections to everyone, regardless Indiana, Kentucky, Louisiana, Michigan, of sexual orientation and gender
Ohio, Pennsylvania, South Dakota, identity, is both the right thing to do Texas, and West Virginia. The majority and the smart way to govern. A city’s See MEI All Star of these cities (27) are situated in the commitment to diversity, equity, and West. However, the highest proportion inclusion is a key driver of economic FINAL Map on Pg. 45 FLEX POINTSSCORE of 100s to cities rated is the Great success, serving to attract residents, STATE CITY I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS Lakes region, with 34% of cities visitors, and businesses who place a LGBTQ Equality rated in this region attaining the MEI’s high value on inclusivity. Furthermore, CALIFORNIA Dublin 78 6 84 highest score. What’s more, small and these local leaders know that in times CALIFORNIA Laguna Beach 83 10 93 medium-sized cities together comprise of national crisis, the work of achieving the majority (62%) of 100-point cities. genuine equity must continue to protect FLORIDA Miami Beach 98 12 100 the most vulnerable among us. FLORIDA West Palm Beach 100 6 100 GEORGIA Doraville 70 8 78 NEW YORK New Rochelle 95 8 100
* Cities in states that are receiving first-time state-level credit in Part I - Non-Discrimination Laws because their state human rights commission or Attorney General adopted the U.S. Supreme Court’s reasoning in Bostock v. Clayton County, Georgia to protect sexual orientation and gender identity under state sex non-discrimination laws were still considered for All- Star status. If and when these human rights commission or Attorney General decisions become permanent—as would be the case if there is a state supreme court decision to that effect— these cities will no longer be considered for All-Star status. For more information on the Bostock ruling and what it means for local non-discrimination laws, see page 24.
52 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 53 EQUALITY ACROSS AMERICA
124 MEI localities have explicit local LGBTQ non-discrimination laws that go beyond express protections in state law. NEW NUMBER OF Localities in this state were SMALL CITIES not counted because this ENGLAND NUMBER OF state has statewide non- MOUNTAIN MEDIUM CITIES discrimination statutes that explicitly include both NUMBER OF 12 1 LARGE CITIES sexual orientation and gender identity.
MID- WEST ATLANTIC PLAINS 2 2 GREAT 5 4 14 11 2 2 3 LAKES 12 5 4
SOUTHEAST SOUTHWEST 7 13 14 2 7
54 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 55 SCORES SCORES Full scorecards for Full scorecards for each city at hrc.org/mei each city at hrc.org/mei
FINAL FINAL STATE CITY FLEX POINTSSCORE STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality LGBTQ Equality ALABAMA Auburn 21 2 23 CALIFORNIA Anaheim 78 9 87 Birmingham 94 8 100 Bakersfield 54 4 58 Florence 0 0 0 Berkeley 93 13 100 Hoover 12 0 12 Brisbane 49 4 53 Huntsville 20 0 20 Cathedral City 81 19 100 Mobile 17 2 19 Chula Vista 89 11 100 Montgomery 36 4 40 Concord 69 12 81 Tuscaloosa 22 2 24 Corona 55 4 59 Elk Grove 78 4 82 ALASKA Anchorage 88 4 92 Escondido 55 5 60 Fairbanks 32 2 34 Fontana 55 4 59 Homer 5 2 7 Fremont 81 9 90 Juneau 84 4 88 Fresno 50 5 55 Ketchikan 38 0 38 Fullerton 73 6 79 Sitka 36 0 36 Garden Grove 49 4 53 Wasilla 12 0 12 Glendale 65 5 70 Guerneville (Sonoma County) 81 13 94 ARIZONA Avondale 37 1 38 Hayward 75 4 79 Chandler 66 0 66 Huntington Beach 54 4 59 Flagstaff 81 7 88 Irvine 84 9 93 Gilbert 68 7 75 Lancaster 73 4 77 Glendale 70 2 72 Long Beach 100 11 100 Mesa 64 0 64 Los Angeles 93 15 100 Peoria 46 9 55 Modesto 55 5 60 Phoenix 98 11 100 Moreno Valley 56 4 60 Scottsdale 69 11 80 Oakland 94 15 100 Tempe 100 9 100 Oceanside 90 14 100 Tucson 93 11 100 Ontario 48 4 52 Orange 67 4 71 ARKANSAS Conway 16 0 16 Oxnard 54 4 58 Eureka Springs 60 3 63 Palm Desert 83 11 94 Fayetteville 39 5 44 Palm Springs 98 19 100 Fort Smith 19 2 21 Palmdale 71 5 76 Jonesboro 0 0 0 Pasadena 84 9 93 Little Rock 61 5 66 Pomona 68 4 72 North Little Rock 15 0 15 Rancho Cucamonga 62 6 68 Springdale 19 0 19 Rancho Mirage 87 16 100
NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT
56 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 57 SCORES SCORES Full scorecards for Full scorecards for each city at hrc.org/mei each city at hrc.org/mei
FINAL FINAL STATE CITY FLEX POINTSSCORE STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality LGBTQ Equality CALIFORNIA Richmond 90 4 94 CONNECTICUT Waterbury 63 4 67 Riverside 94 7 100 Sacramento 91 17 100 DELAWARE Bethany Beach 35 2 37 Salinas 60 4 64 Dover 52 2 54 San Bernardino 49 4 53 Middletown 28 2 30 San Diego 100 11 100 Milford 67 2 69 San Francisco 100 17 100 Newark 54 2 56 San Jose 93 4 97 Rehoboth Beach 54 4 58 Santa Ana 57 4 61 Smyrna 40 3 43 Santa Clarita 70 4 74 Wilmington 83 5 88 Santa Monica 98 7 100 Santa Rosa 71 7 78 FLORIDA Cape Coral 48 1 49 Signal Hill 80 16 96 Coral Gables 90 1 91 Stockton 67 4 71 Daytona Beach 30 0 30 Sunnyvale 80 9 89 Fort Lauderdale 100 10 100 Thousand Oaks 63 5 68 Gainesville 88 7 95 Torrance 54 4 58 Hialeah 40 0 40 Vallejo 77 4 81 Hollywood 80 3 83 Visalia 58 4 62 Jacksonville 81 0 81 West Hollywood 98 17 100 Miami 70 5 75 Miami Shores 81 1 82 COLORADO Aspen 57 4 61 Oakland Park 90 9 99 Aurora 69 5 74 Orlando 98 17 100 Boulder 96 14 100 Pembroke Pines 70 3 73 Colorado Springs 58 3 61 Port Saint Lucie 53 0 53 Denver 98 9 100 St. Petersburg 97 14 100 Fort Collins 88 7 95 Tallahassee 92 14 100 Lakewood 56 2 58 Tampa 98 16 100 Littleton 49 2 51 Wilton Manors 96 18 100
CONNECTICUT Bridgeport 40 2 42 GEORGIA Athens-Clarke County 24 5 29 Fairfield 44 2 46 Atlanta 100 9 100 Hartford 89 10 99 Augusta-Richmond County 28 0 28 New Britain 65 6 71 Avondale Estates 18 0 18 New Haven 79 4 83 Columbus 61 2 63 Norwalk 92 14 100 Decatur 86 0 86
Stamford 94 6 100 North Druid Hills (Dekalb County) 7 0 7
Storrs (Mansfield) 55 6 61 Roswell 5 0 5
NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT
58 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 59 SCORES SCORES Full scorecards for Full scorecards for each city at hrc.org/mei each city at hrc.org/mei
FINAL FINAL STATE CITY FLEX POINTSSCORE STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality LGBTQ Equality GEORGIA Sandy Springs 21 0 21 IOWA Ames 82 6 88 Savannah 75 3 78 Cedar Rapids 100 2 100 Davenport 80 4 84 HAWAII Hawaii County 50 2 52 Des Moines 88 0 88 Honolulu County 58 2 60 Dubuque 95 5 100 Kalawao County 33 2 35 Iowa City 100 12 100 Kauai County 30 2 32 Sioux City 55 2 57 Maui County 66 4 70 Waterloo 59 0 59 West Des Moines 94 5 99 IDAHO Boise 75 0 75 Coeur d’Alene 66 0 66 KANSAS Emporia 63 0 63 Idaho Falls 58 0 58 Hutchinson 61 0 61 Meridian 50 0 50 Kansas City 64 4 68 Moscow 68 1 69 Lawrence 92 6 98 Nampa 18 0 18 Manhattan 81 0 81 Pocatello 71 0 71 Olathe 68 3 71 Overland Park 88 5 93 ILLINOIS Aurora 77 6 83 Topeka 77 3 80 Carbondale 45 4 49 Wichita 59 0 59 Champaign 75 9 84 Chicago 93 11 100 KENTUCKY Berea 35 0 35 Joliet 61 4 65 Bowling Green 20 0 20 Naperville 66 4 70 Covington 89 7 96 Peoria 68 6 74 Frankfort 66 0 66 Rockford 77 4 81 Lexington 86 9 95 Springfield 63 5 68 Louisville 96 7 100 Morehead 55 0 55 INDIANA Bloomington 100 6 100 Owensboro 18 0 18 Evansville 80 2 82 Fort Wayne 40 0 40 LOUISIANA Alexandria 39 4 43 Hammond 71 0 71 Baton Rouge 44 6 50 Indianapolis 86 3 89 Lafayette 14 0 14 Muncie 69 0 69 Lake Charles 12 0 12 South Bend 75 0 75 Metairie (Jefferson Parish) 26 0 26 Terre Haute 90 0 90 Monroe 12 0 12 West Lafayette 85 0 85 New Orleans 98 8 100 Shreveport 77 0 77
NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT
60 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 61 SCORES SCORES Full scorecards for Full scorecards for each city at hrc.org/mei each city at hrc.org/mei
FINAL FINAL STATE CITY FLEX POINTSSCORE STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality LGBTQ Equality MAINE Auburn 34 4 38 MICHIGAN Lansing 84 2 86 Augusta 46 6 52 Pleasant Ridge 55 0 55 Bangor 40 7 47 Sterling Heights 39 0 39 Brunswick 33 6 39 Traverse City 82 2 84 Lewiston 52 4 56 Warren 16 0 16 Orono 26 6 32 Portland 89 5 94 MINNESOTA Bloomington 77 0 77 Scarborough 54 7 61 Duluth 82 8 90 South Portland 54 4 58 Eden Prairie 51 0 51 Minneapolis 98 4 100 MARYLAND Annapolis 80 4 84 Minnetonka 43 0 43 Baltimore 94 6 100 Rochester 60 4 64 Bowie 56 4 60 Saint Cloud 48 0 48 College Park 92 9 100 Saint Paul 99 5 100
Columbia (Howard County) 90 12 100 Frederick 96 4 100 MISSISSIPPI Bay St. Louis 3 0 3 Gaithersburg 87 6 93 Biloxi 30 0 30 Hagerstown 66 2 68 Gulfport 13 0 13 Rockville 100 10 100 Hattiesburg 35 3 38
Towson (Baltimore County) 82 4 86 Jackson 80 0 80 Ocean Springs 4 0 4 MASSACHUSETTS Amherst 71 7 78 Oxford 17 0 17 Arlington 92 8 100 Southaven 0 0 0 Boston 100 8 100 Starkville 16 0 16 Cambridge 100 14 100 Lowell 48 2 50 MISSOURI Cape Girardeau 0 0 0 Northampton 94 10 100 Columbia 99 9 100 Provincetown 94 8 100 Independence 18 0 18 Salem 100 2 100 Jefferson City 57 0 57 Springfield 68 6 74 Kansas City 85 9 94 Worcester 99 4 100 Springfield 45 2 47 St. Charles 49 0 49 MICHIGAN Ann Arbor 100 5 100 St. Louis 98 10 100 Detroit 95 11 100 East Lansing 98 6 100 MONTANA Billings 20 0 20 Ferndale 93 12 100 Bozeman 75 3 78 Grand Rapids 90 2 92 Butte-Silver Bow 36 0 36 Kalamazoo 78 2 80 Great Falls 6 0 6
NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT
62 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 63 SCORES SCORES Full scorecards for Full scorecards for each city at hrc.org/mei each city at hrc.org/mei
FINAL FINAL STATE CITY FLEX POINTSSCORE STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality LGBTQ Equality MONTANA Helena 58 0 58 NEW JERSEY Hoboken 91 12 100 Kalispell 18 0 18 Jersey City 98 5 100 Missoula 93 6 99 Lambertville 91 7 98 Whitefish 57 1 58 Montclair 71 7 78 New Brunswick 65 2 67 NEBRASKA Bellevue 46 0 46 Newark 59 2 61 Fremont 20 0 20 Ocean Grove 82 7 89 Grand Island 47 0 47 Paterson 60 2 62 Kearney 32 0 32 Princeton 96 9 100 Lincoln 77 6 83 Trenton 87 8 95 North Platte 32 0 32 Omaha 71 0 71 NEW MEXICO Albuquerque 78 13 91 Eldorado at Santa Fe 42 4 46 NEVADA Carson City 48 2 50 Farmington 38 4 42 Elko 48 2 50 Gallup 33 4 37
Enterprise (Clark County) 91 10 100 Las Cruces 47 9 56 Henderson 85 9 94 Rio Rancho 40 4 44 Las Vegas 87 15 100 Roswell 40 4 44 Mesquite 29 2 31 Santa Fe 56 9 65 North Las Vegas 54 2 56
Paradise (Clark County) 91 10 100 NEW YORK Albany 98 13 100 Reno 96 16 100 Brookhaven 57 2 59 Sparks 42 2 44 Buffalo 85 6 91 Ithaca 93 5 98 NEW Concord 71 2 73 New York 95 17 100 HAMPSHIRE Derry 56 4 60 Northwest Harbor 40 2 42 Dover 66 2 68 Rochester 93 9 100 Durham 86 4 90 Syracuse 65 7 72 Keene 65 4 69 White Plains 92 4 96 Manchester 59 2 61 Yonkers 97 4 100 Nashua 50 2 52 Plymouth 42 2 44 NORTH Carrboro 64 12 76 Portsmouth 51 4 55 CAROLINA Cary 0 0 0 Rochester 37 4 41 Chapel Hill 68 18 86 Charlotte 57 5 62 NEW JERSEY Asbury Park 92 4 96 Durham 55 10 65 Elizabeth 69 2 71 Fayetteville 37 2 39 Greensboro 64 15 79
NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT
64 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 65 SCORES SCORES Full scorecards for Full scorecards for each city at hrc.org/mei each city at hrc.org/mei
FINAL FINAL STATE CITY FLEX POINTSSCORE STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality LGBTQ Equality NORTH Raleigh 51 13 64 PENNSYLVANIA Allentown 98 8 100 CAROLINA Wilmington 29 0 29 Carlisle 86 0 86 Winston-Salem 45 9 54 Erie 78 2 80 Harrisburg 66 3 69 NORTH Bismarck 63 0 63 New Hope 86 3 89 DAKOTA Fargo 72 13 85 Philadelphia 98 14 100 Grand Forks 78 0 78 Pittsburgh 100 11 100 Jamestown 37 0 37 Reading 89 2 91 Mandan 42 0 42 State College 94 8 100 Minot 47 0 47 Wilkes-Barre 86 4 90 West Fargo 44 0 44 RHODE ISLAND Cranston 55 2 57 OHIO Akron 92 7 99 East Providence 62 2 64
Cincinnati 96 14 100 Kingston (South Kingstown) 54 2 56 Cleveland 94 9 100 Narragansett 48 2 50 Columbus 98 9 100 Newport 55 5 60 Dayton 97 4 100 Pawtucket 60 2 62 Dublin 44 0 44 Providence 100 6 100 Lakewood 83 4 87 Warwick 61 4 65 Toledo 89 9 98 SOUTH Charleston 73 8 81 OKLAHOMA Broken Arrow 0 0 0 CAROLINA Clemson 0 0 0 Edmond 26 0 26 Columbia 60 0 60 Lawton 17 0 17 Greenville 33 0 33 Moore 0 0 0 Mount Pleasant 32 0 32 Norman 92 0 92 Myrtle Beach 50 2 52 Oklahoma City 54 3 57 North Charleston 38 2 40 Stillwater 26 0 26 Rock Hill 17 0 17 Tulsa 68 10 78 SOUTH DAKOTA Aberdeen 12 0 12 OREGON Ashland 49 6 55 Brookings 98 4 100 Bend 56 2 58 Mitchell 0 0 0 Corvallis 62 2 64 Pierre 0 0 0 Eugene 98 5 100 Rapid City 19 0 19 Gresham 66 4 70 Sioux Falls 60 2 62 Hillsboro 54 4 58 Spearfish 19 0 19 Portland 98 10 100 Vermillion 41 2 43 Salem 88 2 90 Watertown 29 0 29
NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT
66 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 67 SCORES SCORES Full scorecards for Full scorecards for each city at hrc.org/mei each city at hrc.org/mei
FINAL FINAL STATE CITY FLEX POINTSSCORE STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality LGBTQ Equality TENNESSEE Chattanooga 45 0 45 UTAH Park City 35 2 37 Clarksville 17 0 17 Provo 50 2 52 Franklin 19 0 19 Salt Lake City 70 5 75 Johnson City 12 0 12 West Jordan 34 2 36 Knoxville 53 7 60 West Valley City 46 2 48 Memphis 45 3 48 Murfreesboro 12 0 12 VERMONT Barre 28 4 32 Nashville 64 14 78 Brattleboro 54 4 58 Burlington 91 7 98 TEXAS Amarillo 19 2 21 Castleton 42 4 46 Arlington 55 8 63 Essex 54 4 58 Austin 100 15 100 Montpelier 46 6 52 Brownsville 34 0 34 Rutland 55 4 59 College Station 12 0 12 South Burlington 55 4 59 Corpus Christi 46 2 48 Winooski 56 4 60 Dallas 89 12 100 Denton 59 4 63 VIRGINIA Alexandria 100 8 100 El Paso 48 5 53 Arlington County 94 16 100 Fort Worth 91 9 100 Charlottesville 84 5 89 Garland 12 2 14 Chesapeake 59 2 61 Grand Prairie 27 0 27 Fairfax County 77 11 88 Houston 63 13 76 Hampton 72 6 77 Irving 36 0 36 Newport News 72 2 74 Killeen 19 0 19 Norfolk 85 6 91 Laredo 0 0 0 Richmond 100 5 100 Lubbock 26 0 26 Roanoke 50 4 54 McAllen 7 0 7 Virginia Beach 100 13 100 McKinney 26 0 26 Mesquite 29 0 29 WASHINGTON Bellevue 97 7 100 Pasadena 0 2 2 Bellingham 61 3 64 Plano 68 1 69 Kent 75 5 80 Round Rock 12 0 12 Olympia 96 9 100 San Antonio 83 18 100 Pullman 54 2 56 Waco 32 2 34 Seattle 98 13 100 Spokane 64 3 67 UTAH Logan 46 2 48 Tacoma 83 13 96 Ogden City 54 4 58 Vancouver 63 9 72
Orem 20 2 22 Vashon (King County) 81 13 94
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68 WHAT WE FOUND hrc.org/mei hrc.org/mei WHAT WE FOUND 69 SCORES ACKNOWLEDGEMENTS Full scorecards for each city at hrc.org/mei
FINAL STATE CITY FLEX POINTSSCORE I. Non-DiscriminationII. Municipality Laws asIII. Employer Municipal ServicesIV. Law EnforcementV. Leadership on STANDARD POINTS LGBTQ Equality ABOUT THE AUTHOR ACKNOWLEDGEMENTS HRC’s design team provided their WEST VIRGINIA Charles Town 45 0 45 XAVIER PERSAD serves as Senior The MEI is an unmatched assessment artistic guidance and talent for the Legislative Counsel at the Human of municipal equality that would launch of this publication. Charleston 88 4 92 Rights Campaign and provides his legal not see the light of day without the Huntington 98 6 100 research and analysis skills and policy commitment and contributions of many A sincere thanks to Soung Wiser, Lewisburg 43 2 45 experience to ensure that the Municipal individuals working together over the Lissy Essmann, Melanie Harker and Morgantown 71 6 77 Equality Index is incisive, accurate, course of the entire year. First and Lillian Ling from the General Design Parkersburg 13 0 13 and resourceful. He focuses on state foremost, HRC’s Legal Director Sarah Company, the mastermind behind the and local law and policy, including Warbelow provides the wisdom and MEI’s creative and accessible design Wheeling 57 2 59 protections against conversion therapy strategic problem solving the MEI for the past eight years. and anti-discrimination safeguards needs to be a success. WISCONSIN Appleton 70 4 74 in employment, housing, and public EQUALITY FEDERATION Green Bay 60 0 60 spaces. Xavier obtained his Master of The HRC communications team of Nick INSTITUTE Kenosha 37 2 39 Laws degree from the London School Morrow, Will Whitmire, and Aryn Fields And as always, this work happens of Economics and Political Science ensured that the launch of this valuable because of our dedicated partners at Madison 100 18 100 and his law degree from Florida A&M tool is known far and wide by delivering the Equality Federation Institute. The Milwaukee 98 5 100 University College of Law. He is a the inspiring story of municipal equality achievements we celebrate in this Oshkosh 61 0 61 member of the Florida Bar. to every corner of the country. publication are often theirs. The state Racine 80 6 86 groups on the following page deserve ABOUT THE MEI TEAM The MEI’s digital launch would not a special mention for their engagement This project would not exist without be possible without our digital media and support this year. WYOMING Casper 11 0 11 the dedication, persistence, and team members, Ella Schneiberg and Cheyenne 16 0 16 ingenuity of the MEI team and those Emily Simeral-Roberts. They ensure For questions or additional information, Gillette 22 0 22 who have supported us. To reach the that the MEI has a prominent virtual please contact [email protected] or visit Jackson 62 0 62 MEI team with questions, comments, presence on the web and across hrc.org/mei. Laramie 69 3 72 suggestions, or requests for MEI hard social media platforms. copies or other resources, please email Rock Springs 0 0 0 [email protected]. The marker of municipal equality Sheridan 12 0 12 would not continually reach greater COLIN KUTNEY is one of HRC’s heights without the HRC campaigns two-person core MEI team in the role of and organizing team. We extend our Senior Manager for State and Municipal gratitude to the entire team for their Programs at the Human Rights assistance in the field. Campaign. He expertly manages both the Municipal Equality Index and the HRC’s McCleary Law Fellows and State Equality Index each year. Colin interns provided helpful research and conducts research, manages all project logistical support. logistics, analyzes MEI data, and works one-on-one with cities across the country to advance LGBTQ equality. He carries the weight of this extensive project with incredible strength and a contagious optimism. Colin is a For questions or additional information, please graduate of the University at Albany in Albany, NY. contact [email protected] or visit hrc.org/mei.
NO CREDIT PARTIAL MINORITY CREDIT HALF CREDIT PARTIAL MAJORITY CREDIT FULL CREDIT
70 WHAT WE FOUND hrc.org/mei hrc.org/mei 71
The Municipal Equality Index would not have been possible without the valuable contributions made by state and local advocates. A particular thanks therefore goes out to the following:
Join us in 2021 for the second annual national summit for LGBTQ municipal liaisons and allied local officials!
This one-of-a-kind annual gathering is designed to provide a space for pro-equality municipal officials to learn more about the most critical issues facing the LGBTQ community and what they can do to
Alphonso David address them. President, HRC
Invitations will be sent in the first half of 2021. If you are a local official and would like to be added to the invitation list, please email [email protected].
Keisha Lance Bottoms Mayor, City of Atlanta
WE LOOK FORWARD TO SEEING YOU NEXT YEAR!
IN PARTNERSHIP WITH 72 hrc.org/mei CITY OF ATLANTA