Policy Pack II.VII

LGBTQ+ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: June, 2019 Thank you, National LGBTQ Task Force for your partnership on this policy pack and leadership in this movement.

TheTaskForce.Org PlatformWomen.Org @TheTaskForce @PlatformWomen LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Table of Contents

Letter from Platform 1

Letter from National LGBTQ Task Force 3

Lingo- Definitions of key acronyms, phrases, and words 4

The Rundown- A breakdown of the issue at hand 7

Sec. 3 of the Equality Act: Public Accommodations 8

Sec. 5 & 6 of the Equality Act: Public Education & Federal Funding 12

Sec. 7 of the Equality Act: Employment 15

Sec. 10 of the Equality Act: Housing 18

Sec. 11 of the Equality Act: Equal Credit Opportunity 22

Sec. 12 of the Equality Act: Juries 25

What's Missing: Violence 28

What's Missing: Criminalization, State Violence, and Incarceration 32

What's Missing: Voting 34

What's Missing: Immigration 36

Think On It 38

On the Table 39

Do Something 40

LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Letter from Platform

We’re pretty positive at this point you know it’s the end of Pride Month. From Pizza Hut making heart-shaped pizzas to United Airlines, Citibank, Converse, and countless other brands and corporations “celebrating” with rainbow merchandise and vague, cutesy slogans; Pride has truly gone mainstream. The real origins of the LGBTQ+ rights, equity, and liberation movement (stemming from the ), and the continued persecution of people is frustratingly overshadowed by the common act of “pinkwashing” that often replaces advocacy. In honor of the 50th anniversary of Stonewall and of Pride, we dedicated this policy pack to breaking down and exploring current policies, or lack thereof, that enable continued against LGBTQ+ people in the U.S.— and that go below the surface of what dominates the narrative.

Although we’ve seen a surge in advocacy for LGBTQ+ rights in the in the past few years, equity and liberation are still works in progress. , , bisexual, , queer, intersex, asexual, and more communities still face an unfathomable medley of discrimination laws and other barriers. From desegregating housing and public education to fixing credit discrimination to combatting violence, the list goes on and there is so much work to be done in the fight for equality. And as it is multiple communities that comprise the LGBTQ+ spectrum, it’s important to recognize that each community and each individual within a community face different barriers, obstacles, and violence.

In an effort to combat this, the United States House of Representatives passed the Equality Act this past May. The Equality Act would be the first comprehensive federal legislation prohibiting discrimination on the basis of and . This policy pack will take you through the contents of the bill and lay out its direct impacts in protecting against LGBTQ+ discrimination. With 239 cosponsors upon introduction, the bill has the most Congressional support in the history of pro-LGBTQ+ legislation. However, the efforts to prevent the bill from becoming law are strong, with the White House saying the bill is “filled with poison pills that threaten to undermine parental and conscience rights.”

LGBTQ+ rights are especially vulnerable and targeted under the current administration. The White House has continuously rolled back LGBTQ+ rights claiming to advance “religious freedom.” Since becoming President, Trump has rescinded policy guidance protecting transgender students in public schools; walked back a policy allowing people who are incarcerated to be housed based on their gender identity; announced new faith-based discrimination rules in medicine that allow providers to deny patients critical care; and now intends to reverse the requirement that homeless shelters receiving federal funding must provide equal access for individuals in accordance with their gender identity.

We recognize how barriers created and perpetuated by the administration disproportionately affect LGBTQ+ people of color. We recognize the reality of individual identities and experiences shape the importance of intersectionality in the fight for LGBTQ+ rights. We recognize that LGTBQ+ people of color live at the intersections of multiple oppressions that deserve unique attention and solutions.

1 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Letter from Platform (cont'd)

Nearly two-thirds of LGBTQ+ report having experienced discrimination. We cannot become complacent with this reality. We cannot forget that these numbers have real people, real experiences, and real pain attached to them. Naomi Washington Leapheart, a Christian minister and Faith Work Director for the National LGBTQ Task Force, shared her story of discrimination after a wedding planner refused to work with her and her current wife Kentina, because “she believe[d] in the biblical definition of marriage, which, to her, made [theirs] illegitimate.” Naomi recalls feeling grateful and joyous during the time of her wedding, but remarked that, “the rejection we experienced during one of the happiest seasons of our lives starkly reminded us that there is still so much more work to be done.”1

Naomi’s story is unfortunately not uncommon in the United States today. This type of discrimination is actually legal on the federal level, as well as in many states, due to spotty state anti-discrimination laws.

As long as this type of prejudice remains persistent, and is deemed lawful by the government, Pride is not and cannot just be a celebration of how far we’ve come, but also a continued act of rebellion against the norms and discrimination that continually plague our community.

Though Pride is a celebratory month, we know that not everyone feels safe enough to come out. We also know that being “out and proud’ does not erase the pain or obstacles that may persist. To all of our lesbian, gay, bisexual, transgender, queer, gender nonconforming, nonbinary, intersex, pansexual, and asexual siblings: We see you and we love you.

The Trevor Project was created to meet the needs of lesbian, gay, bisexual, transgender, queer and questioning young people under the age of 25.

The TrevorLifeline can be reached at: 1-866-488-7386.

TrevorChat is an online chat system. Please note, while there is usually just a few minute wait to speak to a counselor, wait times can be up to a half hour. The TrevorLifeline is more immediate.

For TrevorText: Text “START” to 678678. Standard text messaging rates apply. Available 24/7.

Trans LifeLine The Trans Lifeline is a national trans-led organization dedicated to improving the quality of trans lives by responding to the critical needs of our community with direct service, material support, advocacy, and education.

The Trans Lifeline can be reached at: US: 877-565-8860 Canada: 877-330-6366 In community, Paula, Hailey, & The Platform Team

2 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Letter from National LGBTQ Task Force

Dear Readers,

At fifteen years old, I organized my first protest. The federal government had announced that high schools would lose their federal funding if they operated any sort of group to support gay and lesbian students, so a few of my friends met me at my house and we called every single person in our high school yearbook and asked them to join us in walking out of class to protest. In response, our school allowed us to meet for an “unsanctioned” support group once a week. It wasn’t exactly what we wanted, but it met the needs of the LGBTQ students at our school.

Ten years later, I found myself saying that I wouldn’t work on LGBTQ rights because it didn’t seem as urgent or critical of an issue to me as economic justice, racial justice, or other social justice issues that were demanding my attention. That was because I had bought into the prominent narrative at the time that the fight for LGBTQ rights was just about legalizing gay marriage. And while dignity and equality were important to me, my own experiences with homelessness, violence, and the criminal legal system left me feeling like our community needed more.

The National LGBTQ Task Force changed my perspective and allowed me to be a part of a movement that focuses on equity. Through the Task Force, I met dozens of LGBTQ people of color, people who had lived in poverty, people living with HIV, and others who lived at the intersections of multiple marginalized identities. They showed me that fighting for LGBTQ rights is not just about securing equality for same-sex couples – it’s about working to make sure that LGBTQ people can fight for liberation against all the systems of oppression that have an impact on their lives.

At the Task Force, we prioritize the issues that have deep and urgent impact on LGBTQ people. We fight to meet the needs of LGBTQ people living in poverty, to end mass incarceration, for access to health care for transgender people and people with disabilities. We fight for reproductive justice and radically comprehensive sexual education. We fight for a democracy that allows us to build power and for welcoming and inclusive faith spaces. We fight for equity.

This policy pack will help you understand why issues like criminal justice, immigration, and foster care are so important to the LGBTQ community, and how you can be involved in our struggle. I invite you to join me in the true struggle for LGBTQ rights – the fight to ensure full freedom, equity, and justice for all LGBTQ people.

Best, Meghan Maury Policy Director National LGBTQ Task Force

3 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Lingo We are grateful to be working in partnership with the National LGBTQ Task Force on this policy pack. The definitions below contains language completely and directly taken from the Task Force’s report, “Queering Reproductive Justice.” 2 This important resource can be found at bit.ly/QueeringReproTask.

Agender: An identity under the nonbinary and transgender umbrella terms. Agender individuals find that they have no gender identity, although some define this more as having a gender identity that is neutral.

Asexual: A person who does not experience romantic, emotional, and/or sexual attraction. exists on a spectrum.

Bisexual: A person whose romantic, emotional, and/or sexual attraction is towards same and/or different genders.

Cisgender: A person who expresses as and identifies with the gender they were assigned at birth.

Cisheteropatriarchal: A system of oppression built on the dominance of , heterosexual men over women and LGBTQ+ people.

Gay: A person whose romantic, emotional, or sexual attraction is towards their own gender, most commonly used for men.

Gender Identity: A person’s internal sense of being male, female, or something else. Since gender identity is internal, one’s gender identity is not necessarily visible to others.

Gender Expression: How a person represents or expresses one’s gender identity to others, often through behavior, clothing, hairstyles, voice, or body characteristics.

Genderfluid: Refers to an identity under the non-binary, and transgender umbrellas. Genderfluid individuals have different gender identities at different times. A genderfluid individual’s gender identity could be multiple genders at once, and then switch to none at all, or move between single gender identities. For some genderfluid people, these changes happen as often as several times a day, and for others, monthly, or less often.

Gender Non-conforming (GNC) or Genderqueer: A term for people whose is different from societal expectations related to gender.

Intersex: Refers to a person who is born with sexual or reproductive anatomy that does not fit within the sex binary of male or female, encompassing a variety of sex expressions.

Latinx: Pronounced “Latin-ex,” is a gender neutral way to describe people of Latin American descent. The “x” makes Latino, a masculine identifier, gender-neutral. It also moves beyond Latin@ to encompass genders outside of the limiting male-female binary.

LGBT or LGBTQQ: Shorthand for lesbian, gay, bisexual, transgender, queer and questioning people.

Lesbian: A woman whose romantic, emotional, or sexual attraction is towards other women.

4 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Lingo (cont'd) We are grateful to be working in partnership with the National LGBTQ Task Force on this policy pack. The definitions below contains language completely and directly taken from the Task Force’s report, “Queering Reproductive Justice.” 2 This important resource can be found at bit.ly/QueeringReproTask.

LLGBTQ Rights, Equality, Justice, and Liberation: These words often get used as synonyms, but have different meanings with particular goals. LGBTQ rights or equality refers to the movement to gain legal privileges that are currently denied to LGBTQ people and/or protections we need in the face of discrimination, with the long-term goal of inserting LGBTQ people into existing social institutions and systems of power. LGBTQ justice or liberation refers to the long-term goal of (re)creating social institutions and equitable systems that are supportive of LGBTQ people and allows us to live as our full, authentic selves.

Mixed Status/Magnetic couple: An affirming term for an intimate couple where one partner is living with HIV and one partner is HIV-negative.

Non-Binary (NB): A term used by people who identify as neither entirely male nor entirely female. This can include people who are agender, genderqueer, and gender non- conforming, among others.

Pansexual: A person whose romantic, emotional, and/or sexual attraction is towards people regardless of their gender identity. Often shortened to “pan.”3

Person/People Living with HIV (PLHIV): A preferred term to identify a person who has a positive HIV diagnosis. The term is indicative of the people-first language used in HIV advocacy to combat the stigma and discrimination surrounding HIV/AIDS and its portrayal as a deadly disease. The term highlights the fact that a person with a positive diagnosis can live a long and healthy life with the right treatment and care. This term should be used instead of HIV-infected person, HIV-positive person, or AIDS patient, all of which are potentially stigmatizing.

Pinkwashing: A form of marketing conducted to appear in support of LGBTQ+ in an effort to hide harmful and problematic state/company initiatives.

Queer: An umbrella term which embraces a variety of sexual preferences, orientation, and habits of those who are not among the exclusively heterosexual and monogamous majority. Although the term was once considered derogatory and offensive, the community has reclaimed the word and now uses it widely as a form of empowerment. Younger generations tend to use the term “queer” for reasons such as the fact that it does not assume the gender of the queer person or the gender of any potential romantic partners, and/or in order to make a political statement about the fluidity of gender.

Sexual Orientation: A person’s identity in relation to whom they are attracted to; a person’s actual or perceived heterosexuality, , , or asexuality. Sexual orientation and gender identity are distinct components of a person’s identity.

Straight/Heterosexual: A person whose romantic, emotional, or sexual attraction is towards people of the opposite gender.

5 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Lingo (cont'd) We are grateful to be working in partnership with the National LGBTQ Task Force on this policy pack. The definitions below contains language completely and directly taken from the Task Force’s report, “Queering Reproductive Justice.” This important resource can be found at bit.ly/QueeringReproTask.

Transgender: A broad term for people whose gender identity, expression or behavior is different from those typically associated with their assigned gender at birth. “Trans” is shorthand for “transgender.” (Note: Transgender is correctly used as an adjective, hence “transgender people,” but “” or “transgendered” is often viewed as disrespectful.)

Transgender Man: A term for a transgender person who identifies as a man.

Transgender Woman: A term for a transgender person who identifies as a woman.

Transition: The time when a person begins to live as the gender with which they identify, rather than the gender they were assigned at birth, which often includes changing one’s first name and dressing and grooming differently. Transitioning may or may not also include medical and legal aspects, including taking hormones, having surgery, or changing identity documents (e.g. driver’s license, Social Security record) to reflect one’s gender identity. Medical and legal steps are often difficult for people to afford.

Two Spirit: Contemporary umbrella term that refers to the historical and current First Nations people whose individual spirits were a blend of female and male spirits. This term has been reclaimed by Native American LGBT communities in order to honor their heritage and provide an alternative to the Western labels of gay, lesbian, or transgender.

Biphobia: The hatred or fear of bisexual people - sometimes leading to acts of violence and expressions of hostility, often manifesting as the erasure of bisexual identities, experiences, and voices.

Homophobia: The hatred or fear of and - sometimes leading to acts of violence and expressions of hostility. is not confined to any one segment of society, and can be found in people from all walks of life.

Transphobia: The hatred or fear of transgender and gender nonconforming people. This sometimes leads to acts of violence and expressions of hostility. is not confined to any one segment of society, and can be found in people from all walks of life. Organized hate groups have viciously attacked transgender people and have used especially violent language in attempting to persecute and intimidate them.

6 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: The Rundown

The Equality Act, in its original form, was first introduced to Congress in 1974, thanks to Bella Abzug and the National LGBTQ Task Force (then the National Gay Task Force). It took 45 years, and many versions later, for the bill to make it out of committee and pass through a chamber of Congress. On May 17, 2019 the legislation was approved by the United States House of Representatives.

The current version of the Equality Act was introduced to prohibit discrimination on the basis of sex, gender identity, and sexual orientation. It specifically lays out protections against discrimination as they apply to public accommodations, public facilities, public education, federal funding, employment, housing, equal credit opportunity, and juries.

Now the bill awaits action from the United States Senate, but Senate Majority Leader Mitch McConnell (R-KY) said he has no plans to allow the legislation to come to a vote. Senator McConnell maintains his bigotry despite the fact that the majority of the American people, including 84 percent of Kentucky residents, support protections for the LGBTQ+ community.4

However, Senator McConnell’s failure to act only scratches the surface of the political harm committed against LGBTQ+ communities. At the federal level, the Trump Administration has rescinded Obama-era rules that stated many federal restrictions on sex-based discrimination (i.e. discrimination bans in schools) include gender identity and sexual orientation. On top of these rollbacks, which will be broken down in the subsequent sections, the Administration is making the path to discriminate against LGBTQ+ folks even easier. From former Attorney General Jeff Sessions’ statement that employment discrimination bans do not apply to gender identity or sexual orientation; to the Department of Health and Human Services’ new Conscience and Religious Freedom Division in its civil rights arm; as well as a new rule empowering healthcare providers to refuse care to LGBTQ+ folks. The Administration is allowing so-called religious freedom to take priority over the humanity, dignity, rights, and well-being of LGBTQ+ communities.

At the state level, there are 16 states that do not have a single law on the books that prevents discrimination on the basis of sexual orientation and/or gender identity. These states are Alabama, Arkansas, Florida, Georgia, Idaho, Louisiana, Mississippi, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, , West Virginia, and Wyoming. In some of these states, local ordinances may exist to include gender identity and sexual orientation as protected classes. However, Arkansas, Tennessee, and North Carolina prohibit local lawmakers from passing such anti-discrimination protections.5

While it is important Congress passes the Equality Act, it is also only one step towards protecting LGBTQ+ communities from discrimination. It is essential to recognize the lived experiences and unique barriers LGBTQ+ communities face, especially LGBTQ+ people of color. In order to right our justice system, one that continues to criminalize LGBTQ+ individuals; or fight against anti-immigration efforts; stop gun violence; and ensure universal healthcare access, we must work to dismantle cisheteropatriarchal structures and center LGBTQ+ communities’ experiences.

7 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 3 of the Equality Act: Public Accommodations

LINGO Public Accommodation: An establishment that provides goods and services to the general public. The Equality Act specifically states this includes “restaurants, senior centers, stores, places of or establishments that provide entertainment, health care facilities, shelters, government offices, transportation, and youth service providers including adoption and foster care providers.

BREAK IT DOWN: Title II of The Civil Rights Act of 1964 outlawed discrimination and segregation in public accomodations on the basis of race, color, religion, or national origin. There exist no current federal bans protecting LGBTQ+ individuals from discrimination in public accommodations, and the implications run deep.

The denial of service in stores and restaurants is dehumanizing and restricts LGBTQ+ individuals’ right and ability to exist and show up fully in the world. Especially in small towns with few businesses, it can prevent LGBTQ+ individuals from purchasing the goods they need to provide for their own well-being.

Even when transgender and nonbinary individuals are able to shop or eat in a store or restaurant, they may not be able to use the bathrooms inside. Across the country, lawmakers are working to prevent transgender individuals from using the bathroom that corresponds with their gender, instead demanding they present identification to determine their bathroom use. Not having access to a bathroom is more than just a dignitary harm; being consistently unable to use a bathroom when you need to can lead to significant medical problems. Furthermore, barring transgender people from using the bathroom that aligns with their gender has been used as a tool to incarcerate or engage in violence against transgender people who attempt to enter these "prohibited" places.

The “bathroom bills” gained infamy in North Carolina. After the state’s bathroom bill (rightfully) enraged the public and lost the state business, lawmakers took action to repeal the law. However, the change they made was purely a press move, and did little to protect transgender individuals. The public bought the media spin, and corporations like NBA, NCAA and Atlantic Coast Conference, which participated in the boycott, resumed work in the state. 6 The new law removed the bathroom provision, but aimed to prevent local lawmakers from passing legislation that would ban gender identity and sexual orientation- based discrimination. Fortunately, U.S. District Court Judge Thomas Schroeder, a Bush-era appointee, clarified the new bill did not ban transgender people from using the bathroom that matches their identity and allowed challenges against the provision to prevent local lawmakers from taking action to move forward.7

Though at the center of the “public accommodations” narrative, bathroom bills are still only part of the discrimination LGBTQ+ individuals experience. The Trump Administration is working to empower health care providers to refuse medical care to LGBTQ+ individuals on the grounds of religious freedom. The refusal of care also perpetuates a cycle of abuse, failing health, a path into the justice system, and poverty. This can be seen in the experience of LGBTQ+ youth who have trouble finding placement in the foster care system.

8 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 3 of the Equality Act: Public Accommodations (cont'd)

BREAK IT DOWN (CONT'D): For those who do find placement, the foster parents may not be affirming or supportive and subject the youth to mistreatment and abuse. The discrimination leads to a greater hospitalization of LGBTQ+ youth for emotional reasons than their straight and cis counterparts. 8 Furthermore, LGBTQ+ youth might fare better in homes with same-sex couples, who tend to adopt more than different-sex couples. However, still-legal discrimination in child services systems means foster and adoption agencies are allowed to refuse same-sex couples. 9

The lack of a loving, safe, or even stable home, can lead to greater entanglement of LGBTQ+ youth in the juvenile justice system for “crimes” such as running away or for behavior that may manifest in response to untreated trauma.10

STATS: Health Care Providers: The 2015 U.S. Transgender Survey found about 25 percent of patients did not see a doctor, despite needing care, because they feared mistreatment. 11 In a survey of lesbian, gay, bisexual, and queer individuals who had been to the doctor in the last year, respondents said that because of their actual or perceived sexual orientation: 12 Eight percent said doctors/health care providers refused to see them, Six percent said doctors/health care providers refused to provide care, Seven percent said doctors/health care providers refused to recognize their family, Nine percent doctors/health care providers used harsh or abusive language, Seven percent experienced unwanted physical contact at the hands of a doctor/health care provider.

In a survey of transgender individuals who had been to the doctor in the last year, respondents said that because of their actual or perceived gender identity:13 Twenty-nine percent said doctors/health care providers refused to see them, Six percent said doctors/health care providers refused to provide care, Twelve percent said doctors/health care providers refused to recognize their family, Twenty-three percent said doctors/health care providers intentionally misgendered them or used the wrong name, Twenty-one percent said doctors/health care providers used harsh or abusive language, and Twenty-nine percent experienced unwanted physical contact at the hands of a doctor/health care provider.

9 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 3 of the Equality Act: Public Accommodations (cont'd)

STATS (CONT'D): Adoption There are 437,000 youth in the child welfare system and not enough qualified and available homes for all of them. For the youth who end up in group homes or foster care, the negative impacts can be pervasive. 14 Same-sex couples are seven times more likely to foster or adopt than different-sex couples. However, many agencies refuse to place youth with same-sex couples.15 LGBTQ youth are twice as likely to be in the foster care system and among LGBTQ youth in the system, they are twice as likely to report mistreatment than their non-LGBTQ counterparts. 16 Foster and adoption laws still vary based on state, with ten states permitting “state- licensed child welfare agencies to refuse to place and provide services to children and families, including LGBT people and same-sex couples, if doing so conflicts with their religious beliefs.” 17

STATES: In 20 states and the District of Columbia, discrimination in public accommodations on the basis of sexual orientation and gender identity, is explicitly prohibited. Two states interpret existing bans on discrimination in public accommodations on the basis of sex to include sexual orientation and/or gender identity. Only one state prohibits discrimination in public accommodations on the basis of sexual orientation only. This leaves 27 states without explicit protections.18

There has been a great deal of action at the state level on public accommodation-related discrimination, with some victories solidified and more dangerous provisions introduced. In 2016, Massachusetts passed a law to prevent discrimination against transgender individuals in public spaces. Soon after, an initiative to repeal these protections was introduced and turned into a ballot measure. On election day in 2018, voters were asked to decide to keep or repeal the protections. They overwhelmingly voted in favor of banning discrimination on the basis of gender identity.

In Texas, lawmakers are putting their love of waffle fries above LGBTQ+ rights. A recently introduced Senate bill, the "Save Chick-fil-A" act would prevent the government from taking action against an individual or business “based on membership, support or donations to religious groups.” 19

FEDERAL MOVEMENT: The attack on LGBTQ+ individuals’ access to public accommodations was furthered with the new Department of Health and Human Services “Conscience Rights in Health Care” regulation. This regulation allows health care providers “to refuse medical treatment— including procedures like abortion and sex reassignment surgery—on religious grounds.” 20

While we wait to hear the Supreme Court’s rulings on LGBTQ+ discrimination in the workplace, the tone set by its Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission gives pause. In the Masterpiece case, a cakeshop owner refused to create a wedding cake for a same-sex wedding because of his religious beliefs.

10 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 3 of the Equality Act: Public Accommodations (cont'd)

FEDERAL MOVEMENT (CONT'D): SCOTUS reversed the lower court’s decision, which found the cakeshop owner violated non-discrimination protections. However, SCOTUS’s decision in this case does not undo state anti-discrimination laws about sexual orientation—the decision was made in regards to how the baker was treated by the Civil Rights Commission. Still, this decision could open up many more cases regarding religious liberty and the LGBTQ+ communities.

THE 116TH CONGRESS’ LEGISLATION: H.R.2687 - Customer Non-Discrimination Act. To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes.

WHO'S SAYING WHAT: “One in ten trade shows held in America are held in Texas. I've got a hundred million dollar's worth of business that's currently at risk, if this legislation were to pass. Based on our experience with the bathroom bill they have a provision in their contracts that spells out that, should Texas pass any form of discriminatory legislation, then they can cancel their meeting in Texas or in Dallas without any penalties."- Phillip Jones, president and CEO of VisitDallas upon introduction of the Save Chick-fil-A Act 21

“Massachusetts has an opportunity to send a message to this administration, has an opportunity to send a message to the rest of the country that this is not who we are as Americans, that this is not who we are as human beings, that we respect the humanity of everyone…. [The ballot question is] a reminder to me that the fight is never done, that even when we think we have our rights there are still people out there who want to take them away."- Laverne Cox at a “Yes on 3” Rally 22

STORY: What started out as a night of celebration for Charlotte Clymer, who was out for her friend’s bachelorette party, quickly became a hostile evening. After dinner and drinks, she went to use the bathroom at a restaurant in downtown Washington, DC. Before Charlotte, a transgender woman, could get to the women’s restroom, she was stopped by an employee who demanded she show her ID. She refused and went into the bathroom. The male employee followed her and then got the manager. Even when Charlotte found proof that discrmination in public accommodations was prohibited in DC, the manager did not let off. So Charlotte called the cops to prove the law was on her side. She recognized that as a white woman who knew her rights, her case likely ended better than it would have for far too many other transgender women, gender-nonconforming, or nonbinary folks. 23

11 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 5 & 6 of the Equality Act: Public Education & Federal Funding

BREAK IT DOWN: Title IX of the 1972 Education Amendments states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 24 With this, Title IX protections from sex-based discrimination extend from school sports to harassment in the halls to sexual violence on campus.

Obama-era guidance clarified that “sex-based” includes sexual orientation and gender identity. However, under Secretary Betsey DeVos, those guidelines have been rescinded, giving LGBTQ+ students less paths for recourse when they face discrimination. This has allowed violent discrimination in the forms of misgendering and bullying to continue. The discrimination attracting the most media attention has been schools’ decisions to force transgender students to use a bathroom that does not align with their gender.

Not only does the Trump Administration’s rules fail to protect LGBTQ+ students, it solidifies schools’ heightened criminalization of LGBTQ+ students. LGBTQ+ students have long faced more and more severe school sanctions for their behavior, i.e. getting expelled from school or arrest. This is particularly true for LGBTQ+ students of color and those with disabilities, especially given the higher rate of officers at Black and Brown majority schools. With more officers in schools with the authority to arrest students for their behavior, whether it’s acting outside of gender norms or defending themselves against harassment, LGBTQ+ students are criminalized for being themselves as well as for reacting to trauma. 25

Under the Equality Act, schools receiving federal funding would be obligated to use students’ preferred pronouns and names, support transgender students access to gender- segregated school programming, affirm transgender students' use of the locker room and restroom that aligns with their gender identity, and intervene when there was bullying and harassment.26 Because sexual orientation and gender identity will be protected classes, students may find more justice in court should the school fail to intervene in bullying. In fact, in cases when schools failed to intervene on bullying related to race, or other protected class, courts have determined it to be a violation of civil rights. 27

STATS: For 17 percent of transgender students, school was such a hostile enviornment that they were forced to leave to escape it. 28 The bullying, in part, may exist at this level because teachers and students are less comfortable intervening when bullying pertains to sexual orientation or gender identity, than with race, ability, and religion. Among educators, 83 percent believe they should create a safe environment for LGBTQ students, but only about 50 percent actually take action to foster that environment. 29 While sexual violence is pervasive across college campuses, transgender, genderqueer, nonconforming (TGQN) college students experience incredibly high rates of sexual violence. Among transgender, TGQN college students, 21 percent have been sexually assaulted, compared to, 18 percent of non-TGQN females, and 4 percent of non-TGQN males. 30

12 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 5 & 6 of the Equality Act: Public Education & Federal Funding (cont'd)

STATS (CONT'D): LGBTQ students, particularly LGBTQ students of color, receive greater punishments— including suspension, expulsion, and police involvement—than their white, cis, straight peers despite similar rates of “illegal or transgressive behavior.” One survey found nearly half, 47 percent of Black/African American students and 44 percent of Hispanic/Latino students, were disciplined at school. This is compared to 36 percent of white students. 31 These disciplinary actions have deep, long-term impact and contribute to the school-to- prison pipeline. Among LGBTQ+ youth who are incarcerated, 85-90 percent are youth of color. 32

STATES: There are 18 states that have what’s known as “fully enumerated anti-bullying laws.” This means the laws explicitly prohibit bullying and harassing students on the basis of sexual orientation and gender identity. They include Arkansas, , Colorado, Connecticut, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, and Washington. 33

In 15 states, as well as the District of Columbia, it is illegal to discriminate against students on the basis of sexual orientation and gender identity. These states are California, Colorado, Connecticut, Illinois, Iowa, North Carolina, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington. In Wisconsin, only sexual orientation is a protected class of students.34

There are six states that have dangerous “no promo homo” laws on the books. These laws bar “teachers from discussing gay and transgender issues (including sexual health and HIV/AIDS awareness) in a positive light, if at all. Some laws even require that teachers actively portray LGBT people in a negative or inaccurate way.” The states with such laws are Alabama, Louisiana, Mississippi, Oklahoma, South Carolina, and Texas.35

FEDERAL MOVEMENT: Under the Obama Administration, the Department of Education issued guidance via a "Dear Colleague" letter to school districts to say the prohibition on discrimination on the basis of sex includes transgender students. While not law, and still open to a judge’s different interpretation, this guidance provided a certain level of protection.

That changed soon after Secretary of Education Betsey DeVos took office. In rescinding the guidance, DeVos did not change the law, but did provide schools the opportunity to interpret the law differently. The Department of Education under DeVos also stated it will not hear complaints or act on transgender36 students’ bathroom access and rights. 37

13 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 5 & 6 of the Equality Act: Public Education & Federal Funding (cont'd)

THE 116TH CONGRESS’ LEGISLATION: H.R.2653 - Safe Schools Improvement Act of 2019. To amend the Elementary and Secondary Education Act of 1965 to address and take action to prevent bullying and harassment of students. H.R.2720 - Real Education for Healthy Youth Act of 2019. To provide for the overall health and well-being of young people, including the promotion of lifelong sexual health and healthy relationships, and for other purposes.

WHO'S SAYING WHAT: “Parents should have the freedom to teach their children about sexual matters at a time and in a manner of their own choosing."- Emilie Kao, director of the Richard and Helen DeVos Center for Religion & Civil Society at the right-leaning Heritage Foundation. (The center is named for the in-laws of U.S. Secretary of Education Betsy DeVos) 38

“When transgender students face discrimination in schools, the risk to their wellbeing cannot be overstated—indeed, it can be life threatening”- The 3rd Circuit Court of Appeals after allowing a school district’s policy allowing students to use the bathroom that matches

their gender. 39

STORIES: Being a culturally responsive leader is important to teacher Melissa Joy Bollow Tempel. So, she decided to pursue professional development training to better understand gender identity. However, she had to seek out the training on her own and travel out of her district, Milwaukee Public Schools, to learn. Hoping to make the process easier for other teachers, she came back ready to share what she learned and was met with repeated resistance. 40 In her Oklahoma elementary school, Maddie used the staff bathroom. When she couldn’t find it on her first day in middle school, she decided to use the girl’s restroom—because she’s a girl. But because Maddie is transgender, her peers’ transphobic parents grew angry and especially dangerous, going so far as to make death threats on a private Facebook group. School was cancelled in response. 41 It was a celebratory day for Dex Frier when he was nominated for prom king by his classmates. But the celebrations were soon silenced by the school district’s discrimination. The district told Frier, who is transgender, that he was not eligible to be nominated for king and could only be nominated for prom queen. 42

14 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 7 of the Equality Act: Employment

BREAK IT DOWN: The Equality Act would amend Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of sex, race, color, national origin and religion, to explicitly include sexual orientation and gender identity as protected classes.

The Equality Act would not just impact pay and promotions or hiring or firing, though the impact on both will surely be profound. It will enable LGTBQ+ workers to have better recourse in the case of sexual harassment at work. The Me Too Movement demanded employers—from Congress to Hollywood to farmers—to look internally at their culture and the pain employees had endured at the hands of an employer. However, missing in large part from that conversation was the harassment lesbian, gay, bisexual, transgender, queer, and questionning workers faced and the pervasive lack of protections available to them should they speak out. By including sexual orientation and gender identity in Title VII so there is no room for interpretation, changes will be made that not only improve the way LGBTQ+ workers move in and out of the workplace, but also guarantee their freedom and safety for how they show up and exist in their workplace each day.

STATS: Hiring and Firing The 2015 unemployment rate for transgender individuals was at 15 percent, which was 3 times the national average at 5 percent.43 However, that’s only part of the picture: Transgender people of color experience an unemployment rate at four times the national average. 44 If we break this down by race and ethnicity, we find the unemployment rate for Middle Eastern transgender individuals is 35 percent; 23 percent for American Indian transgender individuals; 22 percent for multiracial transgender individuals; 21 percent for Latinx transgender individuals; 20 percent for Black transgender individuals; 12 percent for white transgender individuals; and 10 percent for Asian transgender individuals. 45 Over a quarter, 27 percent, of transgender individuals reported that discrimination against their gender identity led to them being denied a job, not getting a promotion, or getting fired. 46

Hostile Workplace Discrimination also creates hostile work environments in which 53 percent of LGBT employees hide who they are in the workplace and 9 percent of LGBT employees have left a job because their offices were not accepting. 47 Cultural attitudes silence LGBT individuals, because while 81 percent of non-LGBTQ people say LGBT folks should not have to hide who they are, more than 70 percent said “it is unprofessional” to talk about your own sexual orientation or gender identity in the office. 48

Pay “Transgender and gender-expansive individuals are three times more likely than cisgender people to have annual incomes of less than $10,000 per year.” 49 The gender pay gap persists even within LGBTQ communities as “women in same-sex couples have a median personal income of $38,000 compared to $47,000 for men in same-sex couples.” 50

15 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 7 of the Equality Act: Employment (cont'd)

STATS (CONT'D): Pay (cont'd) After transitioning, transgender women make 12 percent less than they did previously. Transgender men make 14.8 percent less than their cisgender men counterparts. 51 Transgender women make five percent less than their cisgender women counterparts. 52

The Corporate Side While we wait for laws to catch up, the vast majority of Fortune 500 Companies have policies against discrimination. Among these companies, 93 percent have policies that ban discrimination on the basis of sexual orientation and 85 percent on the basis of gender identity. 53

STATES: In 21 states, employment discrimination on the basis of sexual orientation and gender identity, is prohibited. Two states interpret existing bans on employment discrimination on the basis of sex to explicitly include sexual orientation and/or gender identity. Just one state prohibits employment discrimination on the basis of sexual orientation only. This leaves 26 states without explicit protections. The map is slightly better for employees who work for the state, as 31 states prevent public employers from discriminating. 54

New Jersey took it a step further by passing the Fair Pay Act of 2018, which not only demands equal pay, it provides back pay to women, LGBTQ+ folks, and additional protected groups if it was found they were paid less. Across the country, California’s Transgender Work Opportunity Act incorporates content on gender identity and sexual orientation in sexual harassment prevention training, mandates employers display posters explaining transgender individual’s rights in the workplace, and allows leaders in LGBTQ+ communities to be appointed to the state’s Workforce Development Board. 55

FEDERAL MOVEMENT: Though 45 percent of the general public believe there is a federal law prohibiting employment discrimination on the basis of sexual orientation, no such law exists. 56 The Supreme Court recently agreed to hear cases regarding whether the current federal ban on sex-based workplace discrimination includes sexual orientation or gender identity. This comes at a critical time as the Trump Administration rescinds workplace protections. The Department of Justice, while under Jeff Sessions’ purview, declared sexual orientation and gender identity are not protected classes under current law. 57 And Trump revoked the Fair Pay and Safe Workplaces Executive Order, which mandated federal contractors comply with federal laws and orders, including the Obama-era executive order banning employment discrimination on the basis of sexual orientation or gender identity.58

THE 116TH CONGRESS’S LEGISLATION: S.575 - EMPOWER Act-Part 1. To deter, prevent, reduce, and respond to harassment in the workplace, including sexual harassment, sexual assault, and harassment based on protected categories. S.1082/ H.R.2148 - Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination (Be Heard) in the Workplace Act. To prevent discrimination and harassment in employment. - To prevent discrimination and harassment in employment.

16 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 7 of the Equality Act: Employment (cont'd)

THE 116TH CONGRESS’S LEGISLATION (CONT'D): H.R.1521 - EMPOWER Act. To amend the Internal Revenue Code of 1986 to modify the tax treatment of amounts related to employment discrimination and harassment in the workplace, including sexual harassment, sexual assault, and harassment based on protected categories. H.R.1828 - Ending Secrecy About Workplace Sexual Harassment Act. To require annual reporting by employers of the number of settlements with employees regarding claims of discrimination on the basis of sex, including verbal and physical sexual harassment, and for other purposes.

WHO'S SAYING WHAT: “The BE HEARD Act strengthens worker’s rights across America by expanding anti- workplace harassment laws to include employers with more than fifteen employees, tipped workers, contractors, volunteers, and interns. Additionally, it prevents LGBTQ+ workplace discrimination and ensures workers aren’t forced to give up their right to file harassment claims. It shouldn’t matter what you look like, whom you love, your seniority in the workplace, whether you are salaried or a tipped employee, every American must have the right to dignified employment.”- Congresswoman Debbie Mucarsel-Powell (FL-26) 59

"Nobody should be forced to move from the place that they love just to make sure that they have the opportunity to work. The Equality Act is about creating an equal playing field for everyone, no matter who you are, you should have the ability to earn a living and put a roof

over your family's head."- Sarah Warbelow, legal director at The Campaign 60

STORIES: For six years, Aimee Stephens, formerly known as Anthony, worked dutifully as director of a funeral home. Just two weeks after she told her boss she was transitioning, she was fired. Her boss said, “coming to work dressed as a woman was not going to be acceptable." Aimee is taking her case to the Supreme Court to defend herself from employment discrimination on the basis of gender identity. 61 Jameka Evans was fired from her job at Georgia Regional Hospital in Savannah back in 2015. Evans is a lesbian who does not conform to gender norms and she was fired because of it. The Supreme Court has refused to hear the case. This is the reality for far too many

LGBTQ+ workers: lost jobs and no justice. 62 Getting fired, however, is not the only proof of discrimination. The job assignments, placements, harassment, and daily treatment can create hostile environments. As one DC transgender worker recalled, “The manager at one of the places I worked early in my transition hired me to work at the door. After I started working there, the same manager removed me from the front of the establishment because ‘who I am’ called too much attention.” 63 17 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 10 of the Equality Act: Housing

Break it down: The Fair Housing Act of 1968 was a continuation of the Civil Rights Act passed just a few years prior. It banned discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability in renting or buying a home, seeking mortgages or housing assistance, or other housing-related matters.

The Department of Housing and Urban Development (HUD) has an equal access rule to protect against discrimination on the basis of sexual orientation or gender identity. However, the enforcement of that rule is largely dependent on the politics of the Administration in power. Currently, the Department states it will explore violations of the Fair Housing Act if someone, regardless of their sexual or gender identity, experiences discrimination for a protected class. 64 The examples HUD provides of this roundabout include: A landlord telling a transgender woman not to dress in women’s clothing in common areas could be a violation of the ban on sex-discrimination because of her “non-conformity” of gender stereotypes. Or, if a gay man is evicted because his landlord fears he will spread HIV, the landlord may be found in violation of the ban on disability-based discrimination. 65

While LGBTQ+ individuals may find some protections in this, LGBTQ+ individuals should not have to experience multiple levels of discrimination to be validated. LGBTQ+ individuals should be protected from housing discrimination because of their gender identity and sexual orientation, not in spite of it. Failure to act on this will perpetuate the incredibly high rates of homelessness among LGBTQ+ communities.

As a result of bias and discrimination, LGBTQ+ youth* are overrepresented in the homeless population. When they experience homelessness, they are in need of care and support, but what they face is a pattern of legal discrimination. Homeless shelters, if the current Administration’s new proposed guidance goes into effect, would be able to refuse to take in LGBTQ+ youth or can force transgender youth into a shelter that does not align with their gender identity. This will further exacerbate the pain and trauma homeless individuals already experience.

Being homeless is more than not just having a place to put your head at night. It’s a lack of safety and stability that can create long-term consequences and grave opportunity loss. From harmful impacts on mental and physical health to alcohol and drug dependency to lower educational attainment to increased risk for sexual abuse and exploitation, the impact is pervasive. 66

From home ownership to homeless shelters, LGBTQ+ discrimination is furthering a housing crisis.

*We expect that like LGBTQ+ youth, LGBTQ+ adults are significantly overrepresented in the homeless population. However, there has been no comprehensive study conducted by the Department of Housing and Urban Development or a nongovernmental organization to collect this data.

18 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 10 of the Equality Act: Housing (cont'd)

STATS: Homeownership and Renting In the 2015 U.S. Transgender Survey, only 16 percent of respondents reported home ownership, while 63 percent of the total U.S. population owns a home. 67 The same survey found almost one-third, 30 percent, of respondents have been homeless at some point because of discrimination experienced for being transgender. 68 In a survey of LGBTQ Youth Homelessness, almost half of all Native Hawaiian/Pacific Islander respondents reported housing discrimination or instability. 69 Across LGBTQ communities in the United States, 73 percent of people “are strongly concerned” about housing discrimination from agents, landlords, and neighbors. 70 When gay men were searching for rentals, providers told them about one fewer unit for every 4.2 units they told heterosexual men and providers were less likely to schedule appointments with them. 71 When providers shared price quotes with gay men, the costs averaged $272 more than the quotes given to heterosexual men. 72 In the United States, 20 percent of transgender people have faced discrimination while searching for a home and 10 percent have been evicted from their homes because of their gender identity. 73 Despite efforts to downplay the severity and pervasiveness of housing discrimination: “Nationally, about 3 housing discrimination complaints are filed for every 100,000 LGBT adults each year, 5 for race and 1 for women.” 74

Homelessness While 12 percent of the general population have experienced homelessness, over half of all Black transgender women have experienced homelessness. On top of that, 44 percent of Black transgender women and 46 percent live in poverty. 75 LGBTQ+ youth and young adults are 120 percent more likely than straight and cisgender youth and young adults to experience homelessness. 76 Among the general youth population, at least seven percent identify as LGBTQ. Among youth experiencing homelessness, 20-40 percent identify as LGBTQ. 77 Among LGBT youth who have experienced homelessness, 28 percent have been physically assaulted, compared to 18 percent of cis or straight youth who have experienced homelessness. 78 Among LGBT youth who have experienced homelessness, 22 percent have been sexually assaulted or raped. This is three times the rate of cis or straight youth who have experienced homelessness. 79 One-third of LGBT youth who have experienced homelessness have been “victims of hate crimes due to their sexual orientation or gender identity.” 80

19 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 10 of the Equality Act: Housing (cont'd)

STATES: In 21 states and the District of Columbia, housing discrimination on the basis of sexual orientation AND gender identity, is explicitly prohibited. Two states interpret existing bans on housing discrimination on the basis of sex to include sexual orientation and/or gender identity. Just one state prohibits housing discrimination on the basis of sexual orientation only. This leaves 26 states without explicit protections.81

FEDERAL MOVEMENT: In 2012, the Department of Housing and Urban Development released a rule requiring HUD- funded housing to be made available “without regard to actual or perceived sexual orientation, gender identity, or marital status.” The terms “family” and “household” were clarified to also include people “regardless of their sexual orientation, gender identity, or marital status.” 82

In 2015, HUD again issued housing guidance, this time for assigning transgender folks in single-sex shelters. The guidance stated that the shelter should be assigned per the individual’s gender identity and the individual’s stance on where they would feel safest. 83

Two years later, after the Administration change, HUD removed a guidebook on how to best to provide transgender people with equal access to homeless shelters. People For the American Way and Right Wing Watch sued. In addition, after Trump took office, HUD also ended a survey designed to reduce LGBT homelessness. 84

That same year, a lesbian couple in Colorado—of which one of the women is transgender— was denied a rental property, because of “their unique relationship.” The couple took the case to federal court, and when U.S. District Judge Raymond P. Moore issued his ruling, it made history. This was the first time a federal court ruled that bans on housing discrimination include sexual orientation and gender identity. 85

Despite that moment of justice, barriers to equal access to homeless shelters continue to mount. The Trump Administrations new proposed rule would allow homeless shelters that receive federal funding to use their religion as a defense when turning away transgender individuals. 86

THE 116TH CONGRESS’ LEGISLATION: S.787, H.R.1737 - American Housing and Economic Mobility Act of 2019. To make housing more affordable, and for other purposes. S.1246, H.R.2402 - Fair and Equal Housing Act of 2019. To extend the protections of the Fair Housing Act to persons suffering discrimination on the basis of sexual orientation or gender identity, and for other purposes.

20 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 10 of the Equality Act: Housing (cont'd)

WHO'S SAYING WHAT: “Housing discrimination and prejudice of any kind, towards anyone, is wrong. It is a fundamental American value enshrined in our Constitution to ensure equal protection under the law for all people in our country, including when purchasing or renting property”- Congresswoman Susan Brooks (R-IN-5) 87

“No American should face discrimination finding a home because of who they are or who they love. Yet the majority of states still have no laws prohibiting housing discrimination based on sexual orientation and gender identity. I...I am also pleased that these important housing protections were incorporated into the Equality Act, and I look forward to voting on this anti-discrimination package.”- Congressman Brad Schneider (D-IL-10) 88

STORIES: A transgender woman was looking for an apartment and met with an agent. Her name and her legal name were different, so she took a moment to explain to the rental agent why that was the case, that she is transgender. And that’s when the agent ended the meeting. 89 A gay man was apartment hunting and explained to the rental agent that he was married. Married couples have a lower application fee, but the agent “quoted him the price for both single and married renters and required proof of marriage for the lower fee.” Straight

married couples are not asked to present proof of marriage. 90

A case manager had a client, who was a lesbian, experiencing homelessness. The client and her children were able to find beds in a faith-based shelter that received federal funds, under the condition that her partner could not join. The family decided to stay together and

were forced to live in their car as the only alternative they could find. 91

Tori Ramos is a Black transgender survivor of sexual exploitation. When she found no sense of belonging to a family that didn’t approve of her, she was pulled into sex work. Then, she was introduced to someone who offered to help her, so long as she worked for them. They exploited her: forcing her to work even when she was exhausted and then taking her money. 92

21 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 11 of the Equality Act: Equal Credit Opportunity

LINGO: Credit: “The ability of a customer to obtain goods or services before payment, based on the trust that payment will be made in the future.” 93 Credit can apply to mortgages, small business loans, auto loans, credit cards, and more.

Break it Down: While not the flashiest of topics, the role credit plays in daily lives has pervasive impacts on access to goods and necessities. Putting a roof over your head, opening a credit card, or starting a small business, often require access to credit, in the form of a loan or mortgage. In order to gain access to that credit, individuals or couples have to apply to creditors who hold a great deal of power. Creditors decide who gets a loan, who can open a credit card, and how much interest they have to pay.

When creditors believe the risk of repayment is high, they are more likely to deny the loan outright or tack on exorbitant interest rates. For too long, creditors have used this as a cover to discriminate against communities that face systemic barriers. Whether it’s outright denying a loan or credit card application or tacking on exorbitant interest rates, these creditors push people of color, LGBTQ+ individuals, immigrants, and especially those living at the intersection of multiple marginalized identities, into homelessness or into piling debt. Never mind the fact that “same-sex borrowers to be less risky overall to lenders.”94

The Equal Credit Opportunity Act passed in 1974 to prevent discrimination “against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act.” Taking the Act a step further, Elizabeth Warren created the Consumer Financial Protections Bureau back in 2011.

Despite these efforts, there is still no federal law explicitly prohibiting credit discrimination on the basis of sexual orientation or gender identity. This contributes to overrepresentation of LGBTQ+ individuals in the homeless population and experiencing poverty.

STATS: Analysis of 1999-2015 national mortgage data found gay couples were 73 percent more likely to be denied a mortgage than different-sex couples “with the same financial worthiness.” 95 Even when same-sex couples receive the home loan, the discrimination is not over. Same-sex couples paid 0.2 percent more in fees and interest rates than different-sex couples, which can have skyrocketing implications over time.96

22 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 11 of the Equality Act: Equal Credit Opportunity (cont'd)

STATES: In 14 states, credit discrimination on the basis of sexual orientation and gender identity, is prohibited. This leaves 36 states, and the District of Columbia, without any protections, as none of these states (or District) interpret existing credit discrimination on the basis of sex to explicitly include sexual orientation and/or gender identity. 97

FEDERAL MOVEMENT: About three years ago, The Consumer Financial Protection Bureau (CFPB)—which holds banks, lenders, and other financial companies accountable—issued guidance in an effort to stop credit discrimination on the basis of gender identity and sexual orientation. CFPB said the Equal Credit Opportunity Act, which prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, also applies to gender identity and sexual orientation. While an executive agency’s guidance is non-binding, and a judge still has discretion over interpretation, the CFPB’s stance provides a level of protection. 98 Though the Trump Administration has been consistently rolling back Obama-era guidance protecting LGBTQ+ communities, it has yet to undo this guidance. It has, however, severely limited CFPB’s enforcement and oversight capabilities.99

116TH CONGRESS’S LEGISLATION: H.R.166 - Fair Lending for All Act. To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. S.1205/H.R.2324 - Protections in Consumer Lending Act. To amend the Equal Credit Opportunity Act to require creditors to request demographic information from applicants for certain types of credit in order to prevent discriminatory lending practices with respect to those applicants, and for other purposes.

WHO'S SAYING WHAT: “We cannot protect communities of color and LGBTQ people from predatory and discriminatory lending if we don’t understand the problem. Unfortunately, under the Trump administration, we have seen the Consumer Financial Protection Bureau (CFPB) withdraw from efforts to crack down on abusive payday lending, and less collaboration between the CFPB and other agencies collecting data that shows a pattern of discriminatory and predatory consumer lending.” - Congressman Jesús “Chuy” García. (D-IL-4) 100

23 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 11 of the Equality Act: Equal Credit Opportunity (cont'd)

WHO'S SAYING WHAT (CONT'D): “LGBT older people face higher poverty rates than their non-LGBT peers, while facing disproportionate rates of social isolation,” he told me. “This means that they don’t always have a support network in place when facing challenges related to finances. The CFPB’s clarification with respect to the Equal Credit Opportunity Act moves the ball forward in ensuring that LGBT older people have access to credit on an equal playing field.”- SAGE

(Services and Advocacy for GLBT Elders). CEO Michael Adams 101

STORY: Pat McAulay and her wife Margaret Roesch founded Village Hearth, a LGBT-oriented cohousing community for seniors in Durham, North Carolina. Anticipating the challenges they would face when they retired and sought new housing, McAulay and Roesch decided this was the better option. McAulay said, “While many gay folks either have been married and have children or they’ve adopted children, primarily, individuals in our community are alone. If they’re not with a partner they’re definitely alone, and even if they are with a partner, one of the partners will die first … People in our generation have worked so hard to come out of the closet, and what we’ve heard is happening is that people who go into nursing homes can’t be themselves. They can’t even hint that they’re queer.” 102

24 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 12 of the Equality Act: Juries

LINGO: Voir Dire: Even though someone is called to report for jury duty, they are not necessarily going to serve on the jury for the trial at hand. Before they are officially seated on the jury, they go through the process of voir dire. During this time, they are questioned by the judge and/or attorneys in an effort to identify any potential biases the potential juror hold that could prevent them from participating in a fair deliberation. 103

Peremptory Challenges/Strikes: During voir dire, attorneys retain the right to “reject a potential juror” if they believe them to be partial to one of the parties before the court, and that partiality in turn could prevent them from handing down an unbiased decision. In the case of peremptory challenges/strikes, the attorney does not need to provide or justify the reason. Attorneys only have a certain number of peremptory challenges and there are some parameters. The Supreme Court ruled that such challenges/strikes can not be made on the basis of race or gender. 104

BREAK IT DOWN “All-straight jury. No surprise. Dan White lives. And dies.”

In 1978, Dan White killed Mayor Greg Moscone and City Supervisor Harvey Milk. Harvey Milk was the first openly gay elected official in California and his leadership was a pillar of hope for lesbian, gay, bisexual, transgender, queer, and questioning communities. After Dan White stood trial, he was charged with voluntary manslaughter, which held a lesser punishment than if he had been convicted of first-degree murder. Understanding the role homophobia played in the rulings, protests took to San Francisco City Hall where they made clear the court was stacked against Milk’s legacy. 105

This miscarriage of justice made national news, yet today lesbian, gay, bisexual, transgender, queer, and questioning potential jurors are still dismissed without cause. There is no federal law, and few state laws, that prohibits discrimination during jury selection on the basis of sexual orientation and gender identity. This means LGBTQ+ victims of a crime may never see justice or, on the flip side, LGBTQ+ defendants may be subject to an unfair trial.

The Sixth Amendment to the Constitution guarantees defendants the right to a trial before an “impartial jury of the state and district wherein the crime shall have been committed,” or put colloquially, a jury of one’s peers. One cannot have an impartial jury, or a jury that is fairly representative of the community, if potential jurors are dismissed based on their sexual orientation or gender identity. Beyond that, courts have even allowed potential jurors who explicitly share their anti-LGBTQ+ views to sit on the jury so long as the potential juror states they can be fair in their deliberations. 106

While this is dangerous for LGBTQ+ defendants, it can also take a toll on the potential jurors who identify as LGBTQ+. The potential jurors can be subject to homophobia during voir dire, as they may be forced to out themselves during a line of questioning, thus losing control over their own lives.

25 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 12 of the Equality Act: Juries (cont'd)

BREAK IT DOWN (CONT'D): The Equality Act would be an important step in protecting potential jurors as well as the premise of a fair trial. Thankfully the American Bar Association is not content in waiting for federal action, and is putting on the pressure for change. In 2018, as a result of the National LGBT Bar Association’s Executive Director D’Arcy Kemnitz’s advocacy, the American Bar Association House of Delegates adopted a resolution to urge courts to put an end to juror discrimination on the basis of sexual orientation or gender identity or expression. 107

STATS: In one survey, nearly one-fifth (19 percent) of respondents heard judges, attorneys, or court employees say discriminatory comments in regards to an individual’s sexual orientation, gender identity or gender expression. 108 In the same survey, 16 percent of respondents reported having their sexual orientation or gender identity, and 15 percent their HIV status, raised when it was not relevant. 109 Another study found that while the majority of lesbian and gay jurors did not want to disclose their sexual orientation in court, they felt compelled to, against their will, during questioning. 110 Up to 40 percent of women who are incarcerated identify as lesbian or bisexual 111 and 20- 40 percent of young people who are incarcerated identify as LGBTQ.112

STATES: Only 11 states prohibit discrimination in jury selection on the basis of sexual orientation. That number drops to six for prohibiting discrimination on the basis of gender identity. 113

FEDERAL MOVEMENT: In 2014, the Ninth Circuit Court held in SmithKline Beecham Corp. v. Abbott Laboratories that peremptory strikes on the basis of sexual orientation are unconstitutional. 114

116TH CONGRESS’S LEGISLATION: S.250 - Jury ACCESS Act. To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on account of sexual orientation or gender identity. H.R.874 - Juror Non-Discrimination Act of 2019. To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on account of sexual orientation or gender identity. H.R.2275 - District of Columbia Local Juror Non-Discrimination Act of 2019. To amend title 11, District of Columbia Official Code, to prohibit the exclusion of individuals from service on a District of Columbia jury on account of sexual orientation or gender identity.

26 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: Sec. 12 of the Equality Act: Juries (cont'd)

WHO'S SAYING WHAT: “Discrimination based on sexual orientation or gender identity has no place in our country. Every citizen has the right and responsibility to fulfill their civic duty by sitting on a jury and participating in the judicial process. Our jury selection process should represent our country’s values of inclusion and acceptance, not fall prey to discrimination.”- Senator

Jeanne Shaheen (D-NH) 115

“Serving on a jury is a fundamental right and obligation that no one should be prohibited from fulfilling based on his or her sexual orientation.” - Senator Susan Collins (R-ME) 116

STORY: Before Daniel Osazuwa, who is gay and a Nigerian immigrant, was to stand trial, the court conducted its voire dire. As federal prosecutors questioned the prospective jurors before them, they dismissed a woman, J.T., after she mentioned her previous domestic partner was a woman. They used one of their peremptory strikes, to do so. However, the defense challenged the strike, saying it was discriminatory. The prosecutors responded they were dismissing her for speaking positively about her Nigerian friends, not because of her sexual orientation. The judge accepted this excuse. Then-Attorney General Eric Holder and his Department of Justice stated sexual orientation was a class deserving of heightened scrutiny. 117

27 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Violence

LINGO: Conversion/Reparative Therapy: These are efforts to alter an individual’s sexual orientation, identifying heterosexuality as the preferred sexual attraction; or altering an individual’s gender identity to conform with the sex anatomy they had at birth. At the core of conversion/reparative therapy, is the false belief that non-heterosexual orientation and non- cisgender identities are pathological. Conversion/reparative therapy are found to cause or intensify mental health conditions among those subject to this abuse. 118

Hate Crime: “A crime motivated by bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.” 119

Bias or Hate Incident: “Acts of prejudice that are not crimes and do not involve violence, threats, or property damage”. 120

BREAK IT DOWN: Violence is an LGBTQ+ issue. From to gun violence to intimiate partner violence to sexual violence to hate crimes, LGBTQ+ communities face immense danger every day.

This is particularly true for Black transgender women. In 2019 alone, 10 Black transgender women have been murdered. 121 And yet most states’ legislation fails to include gender identity and/or sexual orientation in their statutes.

With abysmal gun regulations, these hate crimes are particularly dangerous. In fact, over 10,300 hate crimes involve a firearm each year. 122 Furthermore, LGBT people experience significant rate of intimate partner violence, with bisexual women reporting especially high levels of violence from their male partners. 123 The easy access to guns makes this intimate partner violence deadly.

Violence also manifests in the form of conversion therapy. While this “therapy” may not necessarily be physical, the psychological, emotional, and health implications make clear that it is nonetheless violent.

STATS: Conversion Therapy There are about 20,000 LGBTQ youth who live in states without protections against conversion therapy by a licensed healthcare professional. 124 Individuals who underwent conversion therapy at the hands of parents, caregivers, therapists, and religious leaders can be “associated with depression, suicidal thoughts, suicidal attempts, less educational attainment, and less weekly income.” 125

28 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Violence (cont'd)

STATS (CONT'D): Sexual Violence The majority of transgender individuals, 64 percent, reported that they have been sexually assaulted at some point in their lifetime. 126 Forty-four percent of lesbians and 61 percent of bisexual women experience rape, physical violence, or stalking by an intimate partner, compared to 35 percent of heterosexual women. 127 Twenty-six percent of gay men and 47 percent of bisexual men have experienced sexual violence other than rape, compared to 21 percent of heterosexual men.128

Intimate Partner Violence A survey of intimate partner violence found 15 percent of bisexual women, compared to 4.4 percent of heterosexual women, had a partner who used a knife or gun.129

Hate Crimes Nearly 20 percent of all hate crimes are based on sexual orientation or gender identity. 130 LGBTQ+ students are more likely to be threatened with a weapon while at school than their non-LGBTQ+ peers. 131 In a survey of transgender individuals, nearly half (47 percent) reported "high levels of violence by strangers" as a part of their daily life. That number increased among transgender women, with about 60 reporting harassment or abuse by a stranger. 132 In the last 6 years, 128 transgender individuals were killed, with 60 percent of victims being people of color.133

STATES: In 19 states and the District of Columbia, crimes committed against an individual because of their sexual orientation AND gender identity are included in hate crimes, is explicitly prohibited. One state interprets existing hate crime laws to include sexual orientation and/or gender identity. Twelve states include just sexual orientation in their hate crimes laws. This leaves 15 states without explicit protections. 134

In Tennessee, the law only explicitly includes sexual orientation. However, the state attorney general stated that the inclusion of gender in the law applies to transgender individuals. 135

Only 5 states have banned the “Gay Panic” and “Trans Panic” defense where defense lawyers argue that their clients accused of violent crimes against LGBTQ+ people had acted in a state of temporary insanity caused and justified by their victim’s sexual orientation or gender identity. This defense relies on stigmas about LGBTQ+ people, sexuality, and gender to shift blame onto the victim for the horrific violence they experienced. In June 2019, New York lawmakers are expected to ban the practice. If approved, New York will join California, Illinois, Rhode Island, Nevada, and Connecticut to be the sixth state to ban the defense and the third to do so this year. 136

In 16 states and the District of Columbia, conversion therapy is prohibited. This leaves 34 states without protections. 137

29 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Violence (cont'd)

FEDERAL MOVEMENT: Since 2015, the Supreme Court has upheld New Jersey’s anti-conversion therapy law as Constitutional three separate times. The Supreme Court has also twice refused to hear challenges to California’s anti-conversion therapy law, allowing it to remain in effect. 138

THE 116TH CONGRESS’ LEGISLATION: S.917 - Stop HATE Act of 2019. To direct the Assistant Secretary of Commerce for Communications and Information to prepare and submit periodic reports to Congress on the role of telecommunications in hate crimes. S.1073 - Protecting LGBTQ Youth Act. To amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families. H.R.761 - CAMPUS HATE Crimes Act. To amend the Higher Education Act of 1965 to strengthen prevention and response measures for hate crimes on college campuses by establishing robust accountability measures, providing needs-based grants, and amending the Clery Act. H.R.1934- Stop Harmful and Abusive Telecommunications Expression Act of 2019. To direct the Assistant Secretary of Commerce for Communications and Information to prepare and submit periodic reports to Congress on the role of telecommunications in hate crimes. H.R.3133 - Gay and Trans Panic Defense Prohibition Act of 2019. To amend title 18, United States Code, in order to ban the use of the “gay panic” and “trans panic” defenses in cases of murder, assault, and other violent crimes. No nonviolent sexual advance or perception or belief, even if inaccurate, of the gender, gender identity or expression, or sexual orientation of an individual may be used to excuse or justify the conduct of an individual or mitigate the severity of an offense. H.R.1981 - Prohibition of Medicaid Funding for Conversion Therapy Act. To amend title XIX of the Social Security Act to prohibit payments under the Medicaid program for conversion therapy, and for other purposes.

WHO'S SAYING WHAT: “Fundamentally, conversion tactics are based on the idea that a person's gender identity or sexual orientation are diseases to be cured—they have no legitimate medical application and should not be used anywhere. Until we can just ban conversion therapy altogether, we must ensure taxpayer dollars aren't funding a fraudulent practice that has been roundly

discredited by the medical community.”- Congressman Sean Patrick Maloney (D-NY-18) 139

“As our community has become increasingly visible, we have also become increasingly vulnerable. This is reflected in FBI statistics which continue to show that anti-LGBTQ hate crimes are among the most common types of hate crimes. There have been three high- profile anti-LGBTQ hate crimes in West Virginia in less than two years. Enough is

enough.”- Fairness West Virginia executive director Andrew Schneider 140

30 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Violence (cont'd)

STORIES: At 23 years old Muhlaysia Booker, a Black transgender woman was murdered. Before her murder, a man named Edward Thomas was paid $200 to attack her and as video footage shows, he did. He punched her while other men kicked her and at least one woman spat a homophobic slur. Thomas was charged with aggravated assault, even though the attack was investigated as a potential hate crime. The decision to pursue aggravated assault, rather than a hate crime charge was, at least in part, because Texas, where the attack took

place, does not include gender identity in its hate crime law. 141

Larry King, also known as Latisha King, was an openly gay student who wore makeup, jewelry, and high heels. King asked fellow student Brandon McInerney to be his valentine, and the next day McInerney shot King in the school’s computer-science lab. McInerney’s attorney leaned on the “gay panic” defense and claimed King sexually harassed his client and, therefore, McInerney not culpable for King’s death. The jury could not reach an unanimous decision and the case was declared a mistrial. 142 After Brooke was outed by her roommate, her Christian college forced her to undergo conversion therapy, including exorcisms with holy water and writing a paper on why she

was going to Hell. 143

31 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Criminalization, State Violence, and Incarceration

BREAK IT DOWN: Anti-LGBTQ discrimination coupled with racial discrimination has built a pipeline for LGBTQ+ individuals, particularly LGBTQ+ people of color, into the justice system.

For LGBTQ+ youth who have experienced their parents’ rejection, bullying at school, the shuffle of foster care, and/or homelessness, trauma has built up over time. As a result, they may run away or their trauma manifest in an outburst. Then, rather than authority figures addressing the root causes that lead to truancy and indiscretions among LGBTQ+ youth, the youth are criminalized and entered into the justice system.

While in the juvenile justice system, LGBT/GNC girls report higher levels of self-harm. This may be their response to the trauma endured while engaged in the system. Among the forms of trauma, LGBTQ+ individuals may be forced conversion-therapy or sex-offender counseling, mandated solely because of their sexual orientation or gender identity. 144 They may be denied basic necessities such as HIV medicine or their hormones or hormone- blockers, which too are critical components of their medical care. 145

And while the Prison Rape Elimination Act set standards of determining placement for transgender, intersex, and gender non-conforming individuals, the reality is that placement seldom accounts for gender identity or expression. Commonly, placement is determined by the sex on the birth certificate or based on the individual's genitalia. As a result, transgender girls are often housed with boys. This heightens their risk of harassment, violence, and sexual assault by fellow youth and by staff members. The dangerous placement further extends to the increased use of solitary confinement or isolated units for transgender individuals.

STATS: Profiling In a 2012 report, nearly 60 percent of transgender and gender non-conforming people of color living in Jackson Heights, NY reported being stopped by police, many of whom also stated that they believed they were profiled as sex workers solely because of their race and gender identity. Those carrying condoms were later charged with prostitution-related offenses to justify the stops. 146 Fifty-two percent of transgender people of color reported that they had faced harassment or abuse from police officers. 147 In a study of law enforcement and Latina transgender women in Los Angeles County, two-thirds of the women reported being verbally harassed and 24 percent reported being sexually assaulted by law enforcement, while 21 percent reported being physically assaulted. 148

Police Violence According to the National Transgender Discrimination Survey, 38 percent of Black transgender people who interacted with police reported harassment; 14 percent reported physical assault from police and 6 percent reported sexual assault.149 According to a 2014 report on hate violence against LGBTQ and HIV-affected communities, Black survivors of hate violence were 1.3 times more likely to experience police violence than their non-Black counterparts.150

32 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Criminalization, State Violence, and Incarceration (cont'd)

STATS (CONT'D): Justice System Estimates project that about half of LGBTQ youth in the United States are “‘at risk’ of being arrested or entering the juvenile and criminal justice systems.” 151 While "LGBT/GNC youth comprise only 5 to 7 percent of the general population, they represent 13 to 15 percent of youth who come into contact with the juvenile justice system... LGBTQ/GNC girls, in particular, "are involved in the system at disproportionately high rates: a survey of 1,400 girls across seven jurisdictions found that 40 percent of girls in the juvenile justice system are LGBTQ/GNC (compared to 14 percent of boys).” 152 Over 16 percent of transgender individuals, and nearly 50 percent of Black transgender individuals, have been to prison. 153 Among incarcerated LGBTQ youth, 85-90 percent are youth of color. 154 The 2015 U.S. Transgender Survey found that 1 in 5 respondents who were incarcerated in jail, prison, or juvenile detention in the past year were sexually assaulted by facility staff during that time.155 Nationally, Black children account for 53 percent of all juvenile prostitution arrests. 156 In Hennepin County, Minnesota, American Indian women are about a quarter of all women arrested for prostitution though American Indians are only two percent of the population. 157

STATES: In 40 states, there are no standards in the juvenile justice system protecting youths’ right to dress and express themselves in accordance with their gender identity.

THE 116TH CONGRESS’ LEGISLATION: S.697, H.R. 1893 - Next Step Act of 2019. To reform sentencing, prisons, re-entry of prisoners, and law enforcement practices, and for other purposes. In the Act’s racial profiling provision, it includes gender, gender identity, and sexual orientation.

STORIES: While on her way to a funeral, Meagan Taylor, a Black transgender woman, and her friend stopped at a hotel for the night. They were immediately faced with open hostility but they were tired and purchased a room. Before they knew it, police officers were at their door. After 35-40 minutes searching the room, and after forcing her friend to take the stuffing out of her bra, they still weren’t done. The police officers searched Meagan’s purse and found her hormones. When she couldn’t present a prescription, they handcuffed her and failed to read her rights. When she was taken to jail, she learned they had no policy in place for transgender individuals. They had a woman pat down her torso and chest and a man pat down her bottom half. She said it was “as if [she was] not one person but two.” 158 When then-17-year-old Trina was walking down a street in New York City, she was profiled and stopped by police. Trina is a Black transgender girl and the police officers found no warrant out for her. However, the officers did not let her go. They decided to search her and found condoms in her purse. She was then arrested “for loitering with the purposes of prostitution.” 159

33 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Voting

LINGO: Voter ID Law: Some states require voters to present identification, though the type varies by state, in order to register to vote or to cast a ballot.

Non-strict: At least some voters without acceptable identification have an option to cast a ballot that will be counted without further action on the part of the voter. 160

Strict: Voters without acceptable identification must vote on a provisional ballot and also take additional steps after Election Day for it to be counted.161

BREAK IT DOWN: Under a facade of protecting against voter fraud, states have raced to implement voter identification laws. However, voter fraud is nearly non-existent, while the harm from voter ID laws is very real.

When transgender voters are forced to present ID at the polls, they may be forced to out themselves to the poll workers if the gender marker on their ID does not match their gender expression.

Furthermore, there are a number of reasons why a transgender individual might not have identification or updated identification that reflects their gender identity. Among those reasons is cost. According to a study by the Government Accountability Office, direct costs to obtain proper identification can range from $14.50 to $58.50. 162 And that’s just part of it: To change one’s name, it can cost $150 to $200 in some states. 163 With nearly a third of transgender individuals experiencing poverty, the cost barrier may be too great to overcome. 164

For those who do have identification that is not updated, poll workers may use the difference between one's gender presentation from the gender marker on their identification as a reason to deny a ballot. This is not legally grounds to deny a ballot, because as long as the voter data matches an acceptable form of ID (i.e. the name and address), the individual has the right to vote. Yet, the hostility, time, and bigotry may leave an individual too discouraged to show up to vote.

STATS: A 2015 survey of transgender individuals, ages 18 and older, found 76 percent of U.S. citizen respondents were registered to vote in the November 2014 midterm election, 11 percentage points higher than the total U.S. population. Of the registered voters, 54 percent voted in that election, 12 percentage points higher than the total U.S. population. 165 Voter ID laws had the potential to harm more than 78,000 transgender voters, in large part because 68 percent of respondents in the 2015 U.S. Transgender Survey did not have any identification that reflects both their preferred name and gender. 166

STATES There are 35 states that either request or require voters to show identification at the polls. 167

34 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Voting (cont'd)

FEDERAL MOVEMENT: In the 2013 Supreme Court Case Shelby County v. Holder, the Court decided the section of the Voting Rights Act that used a formula to determine racial discrimination in voting was unconstitutional. As a result of ruling the formula unconstitutional, states that previously required approval before changing their voting laws (because of their history of racial discrimination) are now free to change their voting systems. This led to a drastic increase in voter suppression laws.

Within a single day after the ruling was issued, Texas announced its new, strict photo ID law. Then, Mississippi and Alabama began enforcing their photo ID laws which had been “barred because of federal pre-clearance. 168

THE 116TH CONGRESS’ LEGISLATION: H.R.1 - For the People Act of 2019. To expand Americans' access to the ballot box, reduce the influence of big money in politics, and strengthen ethics rules for public servants, and for other purposes. One provision of this legislation requires information be sent to voters before federal elections explaining what, if any, type of identification they will need at the polling place, while another provision allows sworn written testimony in place of identification. H.R.196 - Democracy Restoration Act of 2019. To secure the Federal voting rights of persons when released from incarceration.

STORY: Maryland requires certain first-time voters to present an ID in order to vote. When first-time voter Oliver went to the polls, he pulled out his ID and was immediately met with resistance and bigotry. Oliver identifies as trans masculine, though his ID still has an "F" on it because of the associated cost of changing it. Oliver waited an hour while the poll workers deliberated over whether he should be able to vote. Even though he was ready to push back and even though he was able to vote, the hostility from the experience led Oliver to determine it was not worth showing up at the polls, that an absentee ballot would have to suffice. 169

35 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Immigration

LINGO: Refugee: An individual who left their native country and is "unwilling or unable to return to it because of persecution or fear of persecution.” 170

ICE: The U.S. Immigration and Customs Enforcement is an agency under the Department of Homeland Security that enforces “U.S. federal criminal and civil laws concerning border control, customs, trade, and immigration.”

DACA: Deferred Action for Childhood Arrivals is a program established by President Barack Obama in 2012. It was announced on the heels of the DREAM Act’s failure in Congress. DACA enables individuals who were brought to the United States as children and without documentation to live, attend school, and work in the United States without fear of deportation, on a two-year basis (with the opportunity for renewal). To be eligible, individuals must be in school, have graduated from school, or served in the military.

Muslim Travel Ban: After three different versions of restrictions on travel from predominantly Muslim countries, the latest Travel Ban restricts travel from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen, most of which are predominantly Muslim countries. While the ban overarchingly prohibits any travel, in the cases where travel is permitted, individuals will face intense scrutiny via screening and vetting. 171

BREAK IT DOWN: With anti-LGBTQ+ discrimination and violence around the world, LGBTQ+ folks are leaving their home countries in search of refuge and safety. Unfortunately, the likelihood of them finding that in the United States is severely limited.

The Trump Administration’s hostility to immigrants and refugees, including placing the lowest cap on refugees permitted into the country in history, means that many will be turned away. For those who are taken to detention centers upon arrival, they will face the compounded abuse that all immigrants experience at the hands of ICE, as well as the additional brutality that results from LGBTQ+ discrimination.

For the immigrants living in the United States, particularly those who are undocumented, the barriers to care, higher education, and jobs are severe. One survey found nearly a quarter of LGBTQ folks did not have enough money for them or their family to eat within the year prior to the survey. 172 It is particularly hard for immigrants to address this poverty because higher education and access to jobs are harder to reach. On the job side, asylum seekers are prohibited from working during the first six months after filing for asylum. Then, once they are eligible to work, they may face the still-legal employment discrimination. For the nearly one-third of LGBTQ+ immigrants who are undocumented and hope higher education will open new doors for them, they will find that most states prohibit undocumented students from receiving in-state tuition rates and that they are not eligible for financial aid. 173

The less access to jobs, the harder it is to access health care. According to the Center for American Progress, “LGBTQ people are more than twice as likely to be uninsured than non- LGBTQ people.” Once again, LGBTQ immigrants are further disadvantaged because many cannot access Medicaid or purchase insurance on the state exchanges.174

36 LGBTQ RIGHTS, EQUALITY, JUSTICE, & LIBERATION: What's Missing: Immigration (cont'd)

STATS: “There are an estimated 904,000 LGBTQ immigrants in the United States, which means that more than one in ten LGBTQ adults are immigrants.” 175 Among LGBTQ immigrants, about 30 percent are undocumented.176 A survey of young people with DACA status found 10 percent identified as LGBT. 177 The U.N.’s refugee agency found about 90 percent of “LGBTQ asylum seekers and refugees reported suffering sexual and gender-based violence in their home countries in Central America.” 178 “LGBTQ people in were 97 times as likely as cisgender, straight people to be sexually abused and even deported back to the violence that many fled in the first place.” 179 The 2015 U.S. Transgender Survey found about a quarter of transgender unauthorized immigrants were physically attacked in the past year. 180

FEDERAL MOVEMENT: Since taking office, the Trump Administration has ended DACA; instituted a Muslim travel ban, which was recently upheld by the Supreme Court; and announced plans to restrict the number of refugees allowed into the United States. The new rule limits the number of refugees to 30,000, which is down from its previous 45,000 refugee cap. At 45,000, the previous cap was the lowest since Congress passed the Refugee Act in 1980.181

WHO'S SAYING WHAT:

“We need to ensure that just like we want to extend protections for an American citizen, who happens to be from the LGBT community, that we extend those same protections to people who are immigrants in this country, I'm committed to doing that.”- Former United States Secretary of Housing and Urban Development and current presidential candidate

Julian Castro 182

STORY: At just 33 years old, Roxana Hernandez died in ICE custody. Hernandez, who was transgender, fled Hondorus to escape the "violence, hate, stigma, and vulnerability" she experienced because of her gender identity. After asking for asylum, she was held in a detention center by US Customs and Border Protection. She was then transferred to a “transgender unit in the Cibola County Correctional Center in Milan, New - a privately run federal prison for men that contracts with ICE.” While in the unit, she had inadequate access to food and medical care (she had HIV), and was kept in a cell that was called the “Ice Box” for its freezing temperatures and kept its lights on 24/7. After she fell fatally ill, she was “taken to a local hospital with symptoms of pneumonia, dehydration and "complications associated with HIV.” She died not long after. As Isa Noyola, deputy director at said, "Paired with the abuse we know transgender people regularly suffer in ICE detention, the death of Ms. Hernández sends the message that transgender people are disposable and do not deserve dignity, safety, or even life." 183

37 LGBTQ+ EQUALITY Think On It We provided you with the information we found most relevant, but there's always more to the story. Here are some sources to help you continue learning in order to develop your own conclusions.

The National LGBTQ Task Force advances full freedom, justice and equality for LGBTQ people. They are building a future where everyone is free to be themselves in every aspect of their lives. The Task Force is training and mobilizing millions of activists across our nation to deliver a world where you can be you. thetaskforce.org

The National Center for Transgender Equality advocates to change policies and society to increase understanding and acceptance of transgender people. In the nation’s capital and throughout the country, NCTE works to replace disrespect, discrimination, and violence with empathy, opportunity, and justice. transequality.org

The National Queer and Trans Therapists of Color Network (NQTTCN) is a healing justice organization that works to transform mental health for queer and trans people of color. Launched in May 2016, their network has quickly grown into a community of care, resource sharing, connection and learning. They provide a space for queer and trans people of color committed to improving mental health for our communities. nqttcn.com

The represents a force of more than 3 million members and supporters nationwide. As the largest national lesbian, gay, bisexual, transgender and queer civil rights organization, HRC envisions a world where LGBTQ people are ensured of their basic equal rights, and can be open, honest and safe at home, at work and in the community. hrc.org

GLSEN (pronounced "glisten") accomplishes their goals by working in hallways across the country—from Congress and the Department of Education to schools and district offices in your community—to improve school climate and champion LGBT issues in K-12 education. .org GLAAD rewrites the script for LGBTQ acceptance. As a dynamic media force, GLAAD tackles tough issues to shape the narrative and provoke dialogue that leads to cultural change. GLAAD protects all that has been accomplished and creates a world where everyone can live the life they love. glaad.org

Transgender Law Center (TLC) is the largest national trans-led organization advocating self-determination for all people. Grounded in legal expertise and committed to racial justice, TLC employs a variety of community-driven strategies to keep transgender and gender nonconforming people alive, thriving, and fighting for liberation. transgenderlawcenter.org

38 LGBTQ+ EQUALITY On the Table When we surround ourselves with passionate women-identified folx, our knowledge grows. Get together with your organization, a few friends, or your peers and talk about your process in learning or reexamining this topic. These questions are meant to aide your conversation, but feel free to explore ideas and questions of your own. Step outside your comfort zone. None of us have all the answers, that's why we need to work together. You are sure to bring something to the table that no one else considered. Your voice is meant to be heard. Let's hear what ideas you have on the table. Share only what you feel comfortable sharing, but be sure to share the space.

1. Do you have any lingering questions about the topic?

2. What were your initial reactions to the statistics or the information presented?

3. How did you feel learning about/working through this topic?

4. What do you think is the most common misconception about the topic?

5. What are the main barriers to achieving LGBTQ+ equality?

6. What strategies would you employ to overcome them?

7. What is missing from Congressional legislation and how would you address it?

8. Of the policy needs, which do you think should be addressed first and how would you go about it?

9. What were your evaluative criteria?

10. What was your favorite solution that you evaluated?

11. What would be your ideal solution?

12. What was one solution that someone else suggested that you want to discuss more?

13. What do you wish people knew about this topic?

14. What does your campus/community do to support LGBTQ+ rights and equity?

15. What can you do at the local level to address this topic?

16. What policy would you like to see advocated for by Platform?

39 LGBTQ+ EQUALITY Do Something Take a stand and make your thoughts heard. We ask that in your outreach you do not state that your opinion is the official stance of Platform, unless it is taken from our Platform Pledge. But you can certainly give us a shoutout for having the conversation.

Blog It We know you have something to say! Walk us through your perspective and rally people to your cause. Your posts will be featured on our website and social media.

Email your blog to: [email protected], include "Blog Post" and a title in the subject line

Get On Social Media This isn't "slacktivism!" According to a report from the Congressional Management Foundation, which surveyed Congressional Staff, “71 [percent of respondents] said social media comments directed to the Member/Senator by ‘multiple constituents affiliated with a specific group or cause’ would have ‘some’ or ‘a lot’ of influence on an undecided lawmaker.” There you have it—tweet, Instagram, and post away on Facebook. #GiveMeAPlatform.

@PlatformWomen | facebook.com/PlatformWomen | @PlatformWomen @TheTaskForce | facebook.com/TheTaskForce . | @TheTaskForce

Contact Your Reps You have a right to be heard! Head over to All In Together's Action Center* and once you sign up they will provide you with the names and portals to contact your elected officials. You can write/say whatever comes to mind, but feel free to use the prompt below. *All In Together is nonpartisan and does not take a stance on this issue but gives you the tools to make your input known*.

Dear ______, This month, I, along with young women across the nation, worked with Platform to advance the conversations on LGBTQ+ equality. As your constituent, you should know that I believe ______because ______. We need to further conversations and advance policies that will ______. I ask that you ______. I plan on using my voice and staying active until change is realized. You should know that I certainly exercise my right to vote.

Go to: aitogether.org/actioncenter

40 LGBTQ+ EQUALITY Sources

1. “First Hand Stories of LGBTQ Discrimination.” Religious Institute. Accessed June 2019. http://religiousinstitute.org/resources/stories-lgbtq- discrimination

2. Zsea Beaumonis and Candace Bond-Theriault (Eds). “Queering Reproductive Justice: A Toolkit.” National LGBTQ Task Force. March 2017. https://www.thetaskforce.org/wp-content/uploads/2017/03/Queering-Reproductive-Justice-A-Toolkit-FINAL.pdf.

3. Sam Killermann. “Comprehensive List of LGBTQ+ Vocabulary Definitions.” It’s Pronounced Metrosexual. 2013. https://www.itspronouncedmetrosexual.com/2013/01/a-comprehensive-list-of-lgbtq-term-definitions/

4. Michelle Garcia. “The Equality Act Passed the House. Here's What Happens Next.” Out Magazine. May 17, 2019. https://www.out.com/politics/2019/5/17/equality-act-passed-house-heres-what-happens-next.

& "84 percent of Kentucky residents, support protections for the LGBTQ+ community." The Williams Institute. Accessed June 2019. https://williamsinstitute.law.ucla.edu/wp-content/uploads/Kentucky-fact-sheet.pdf

5. Logan Graves. “Issue at a Glance: LGBTQ Employment Discrimination.” Victory Institute. Sep. 13, 2018. https://victoryinstitute.org/issue-at- a-glance-lgbtq-employment-discrimination/.

6. Paul A. Specht and Will Doran. “LGBT North Carolinians can challenge ban on cities’ pro-transgender bathroom laws.” The News & Observer. Oct. 1, 2018. https://www.newsobserver.com/news/politics-government/article219310085.html

7. Paul A. Specht and Will Doran. “LGBT North Carolinians can challenge ban on cities’ pro-transgender bathroom laws.” The News & Observer. Oct. 1, 2018. https://www.newsobserver.com/news/politics-government/article219310085.html

8. David N. Cicilline. “H.R.5 - Equality Act.” 116th Congress. May 20, 2019. https://www.congress.gov/bill/116th-congress/house-bill/5/text.

9. David N. Cicilline. “H.R.5 - Equality Act.” 116th Congress. May 20, 2019. https://www.congress.gov/bill/116th-congress/house-bill/5/text.

10. David N. Cicilline. “H.R.5 - Equality Act.” 116th Congress. May 20, 2019. https://www.congress.gov/bill/116th-congress/house-bill/5/text.

11. Erin Corbett. “Trump Administration Proposal Could Threaten Transgender Healthcare Protections.” Fortune. May 24, 2019. http://fortune.com/2019/05/24/trump-transgender-healthcare/.

12. Shabab Ahmed Mirza and Caitlin Rooney. “Discrimination Prevents LGBTQ People from Accessing Health Care.” Center for American Progress. Jan. 18, 2018. https://www.americanprogress.org/issues/lgbt/news/2018/01/18/445130/discrimination-prevents-lgbtq-people- accessing-health-care/.

13. Shabab Ahmed Mirza and Caitlin Rooney. “Discrimination Prevents LGBTQ People from Accessing Health Care.” Center for American Progress. Jan. 18, 2018. https://www.americanprogress.org/issues/lgbt/news/2018/01/18/445130/discrimination-prevents-lgbtq-people- accessing-health-care/.

14. David N. Cicilline. “H.R.5 - Equality Act.” 116th Congress. May 20, 2019. https://www.congress.gov/bill/116th-congress/house-bill/5/text.

15. David N. Cicilline. “H.R.5 - Equality Act.” 116th Congress. May 20, 2019. https://www.congress.gov/bill/116th-congress/house-bill/5/text.

16. David N. Cicilline. “H.R.5 - Equality Act.” 116th Congress. May 20, 2019. https://www.congress.gov/bill/116th-congress/house-bill/5/text.

17. Foster and Adoption Laws.” Family Equality. June 16, 2018. https://www.familyequality.org/resources/foster-and-adoption-laws/? gclid=EAIaIQobChMIyaTqudPx4gIVkY7ICh3Zrw85EAAYASAAEgIBkfD_BwE.

18. “Equality Maps: LGBT Non-Discrimination Laws.” Movement Advancement Project. April 16, 2018. http://www.lgbtmap.org/equality- maps/non_discrimination_laws.

19. Veronica Stracqualursi. “Texas House passes 'Save Chick-fil-A' bill critics say will discriminate against LGBTQ community.” CNN. May 22, 2019. https://www.cnn.com/2019/05/21/politics/texas-house-chick-fil-a-bill/index.html

20. Erin Corbett. “Trump Administration Proposal Could Threaten Transgender Healthcare Protections.” Fortune. May 24, 2019. http://fortune.com/2019/05/24/trump-transgender-healthcare/.

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22. Yasmin Vafa. Eduardo Ferrer, Maheen Kaleem, Cherice Hopkins, and Emily Feldhake. "Beyond the Walls: A Look at Girls in D.C.’s Juvenile Justice System." Rights4Girls, Georgetown Juvenile Justice Initiative, D.C. Lawyers for Youth. March 2018. http://rights4girls.org/wpcontent/uploads/r4g/2018/03/B

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