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Sharkie
Feb 4, 2013

by Fluffdaddy
Now that gay and lesbian people can get married (upon re-reading I've realized this is a very US-centric OP), what's next? Well, a lot. This thread is for discussing lgbt rights, politics, etc. beyond the right to get married. For example, there's:

Workplace Discrimination
In most US states, you can be fired for being gay or transgender. In 31 states, you can be fired on the basis of sexual orientation or gender identity. . 21 percent of LGBT people have reported employment discrimination, that number rises to 47 percent when you look at transgender people. However, most people mistakenly believe it is already against the law. Numerous cities also have local protections in place, but conservatives at the state level are trying to fight these local successes. For example, Arkansas passed a bill, similar to one in Tennessee, that would "would prevent cities and counties from enacting or enforcing laws that ban discrimination based on sexual orientation or gender identity."

If you're a public employee, things are a little better. 11 of 29 states without LGBT protections have executive orders or policies preventing discrimination. The president has issued an Executive Order requiring federal contractors to have non-discrimination policies in place that protect LGBT people. It's a good thing, but obviously it's not enough.

We need to pass comprehensive federal legislation that bans lgbt discrimination. Hence the Equality Act.

quote:

The Equality Act, which was introduced by Senators Jeff Merkley, Tammy Baldwin, and Cory Booker, and Representatives David Cicilline and John Lewis, establishes explicit, permanent protections against discrimination based on an individual’s sexual orientation or gender identity in matters of employment, housing, access to public places, federal funding, credit, education and jury service. In addition, it would prohibit discrimination on the basis of sex in federal funding and access to public places.

Here's John Oliver explaining it.

Schools

LGBT students face a 90% harassment rate vs. a 62% rate for straight students, and are 3 times more likely to report feeling unsafe at school. The US Dept. of Education has ruled that Title IX, which prevents discrimination or harassment based on sex, also applies to discrimination or harassment faced by transgender students. The DOJ is currently using Title IX to defend the rights of a transgender boy in Virginia. However, such discrimination is still rampant, and state-level efforts to legalize discrimination are currently underway. For example, in California, which currently allows transgender students to use resources (like bathrooms) consistent with their gender, a ballot initiative is in place that:

"would bar people from using government-funded facilities that don’t relate to their sex as determined by birth, medical examination or court judgment acknowledging a gender change, according to the summary. Those who felt their rights were infringed upon could sue in civil court and would be entitled to at least $4,000 from a government or person found in violation. It also would allow businesses to ban transgender customers or employees from using their facilities."

While a previous initiative failed, similar efforts might be more successful in other states.

Health
LGBT people face numerous health concerns. For example, they're 2.5 times more likely to have a mental health disorder. This article is a must-read for the broad strokes - know that gay and lesbian people are several times more likely to suffer from depression, anxiety disorders, and substance abuse. 25% of gay men and 20% of gay women report harassment. As usual in these things, the numbers go up if you look at transgender people.

19% of transgender people report being refused care by medical providers because they were transgender, 28% report harassment in medical offices.

Suicide is another crucial issue. 41% of transgender people have attempted suicide (the national rate is 1.6%). LGB youth are 4 times more likely to attempt suicide than straight youth. I encourage everyone to check out The Trevor Project for more information.

Other Issues
Other issues include homelessness (40% of homeless youth are LGBT!), poverty, AIDS (Louisiana is terminating its medicaid provider contract with Planned Parenthood, which does HIV testing, AL, AR, and UT are following suit), and the justice system. For example, transgender people experience three times as much police violence, and almost half of transgender people who report hate crimes face discrimination from the police.

With gay marriage organizations preparing to shut down, now is the critical time for people and organizations invested in lgbt rights to pivot and begin tackling other bigotries and injustices, so we can talk about that here.

Sharkie fucked around with this message at 02:51 on Aug 26, 2015

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Sharkie
Feb 4, 2013

by Fluffdaddy

This is a pro-click. One of the more harrowing sections is about police and incarceration.

quote:

One-fifth (22%) of respondents who have interacted with police reported harassment by police due to bias, with substantially higher rates (29-38%) reported by respondents of color.

Six percent (6%) reported physical assault and 2% reported sexual assault by police officers because they were transgender or gender non-conforming.

Twenty percent (20%) reported denial of equal service by police. More information about denial of equal service can be found in the Public Accommodation chapter.

Almost half of the respondents (46%) reported being uncomfortable seeking police assistance.

While 7% of the sample reported being held in a cell due to their gender identity/expression alone, these rates skyrocketed for Black (41%) and Latino/a (21%) respond.

Some Black Lives Matter organizers are addressing the violence and abuse that black trans people face tomorrow, with rallies in Houston, Dayton, Nashville, Chicago, Columbus, and D.C. Currently there are rallies set in five cities: Houston, Dayton, Nashville, Chicago, Columbus, and Washington D.C. http://fusion.net/story/187673/blacklivesmatter-organizers-to-rally-for-black-transgender-women/

Black transgender women also face a disproportionate amount of violence in general. This article goes into detail about the 20 known murders of transgender women this year. 17 were black or latina.

quote:

In 2013, the group found, there were at least 12 hate-motivated homicides of transgender women, and they were all people of color...

The truth is that no one has an accurate count of how many transgender people have been murdered this year. But concerned advocates say they have an epidemic on their hands—one that appears to be getting worse, and disproportionately affecting women of color. Complicating their efforts to tackle the crisis, police and the media face unique challenges in bringing justice for these victims and their families.

The civil-rights group Southern Poverty Law Center analyzed 14 years of FBI statistics and found that LGBT people are more than twice as likely to be attacked in a violent hate crime as blacks or Jews, and more than four times as likely as Muslims. Multiple studies have also found transgender women of color consistently face the highest rates of violence amongst the LGBT community.

Sharkie
Feb 4, 2013

by Fluffdaddy

Lord Windy posted:

I always wondered if that had to do more with a genetic link between mental illnesses and LGBT people. I don't have a source, but my psychiatrist said there was a much higher rate of Bipolar amongst gay people. I have Bipolar and tried to commit suicide. But I literally faced nothing a normal person wouldn't have growing up.

I haven't seen any evidence regarding a genetic link between a wide range of mental illnesses and lgbt people. However, the Minority Stress model has been used for some time now and has a lot of support.

Prejudice, Social Stress, and Mental Health in Lesbian, Gay, and Bisexual Populations: Conceptual Issues and Research Evidence seems to be a pretty good overview of the literature. See also http://www.ncbi.nlm.nih.gov/pubmed/7738327

Also I'm not clear about what your last sentence means, sorry.

Lord Windy posted:

It's also my opinion that the gay struggle is over. Within a year or two Australia will have marriage equality and any lingering discrimination will disappear in a generation or two. Transgender individuals will have some trouble for awhile longer, but unlike racism we LGBT people randomly appear within families.

I think "will be gone in two generations" (or even "awhile longer") is hardly "over." Given the kinds of legal and cultural discrimination gay people face, I think calling the struggle for equality over is incredibly overly optimistic, at best.

Sharkie
Feb 4, 2013

by Fluffdaddy

Effectronica posted:

Housing discrimination is also still a major problem in the USA. In 29 states, it is legal to discriminate against LGBT people in housing, and in a further 10, it is still legal to discriminate against transgender people. This is an important part of keeping openly LGBT people sectioned off into "gayborhoods" and the like.

The Equality Act would, among other things, amend the Fair Housing Act to include sexual orientation and gender identity. Of course, zero Republicans are supporting it; it's still vitally important for municipalities and states to address this where they can.

Like you said, right now in most states you can legally get married, announce it, and the next day lose your job because of it.

Sharkie
Feb 4, 2013

by Fluffdaddy

Hollismason posted:

I'm reposting this because it's a issue that people don't realize is a actual issue. Basically the exclusion of Transgender individuals from the ADA. This would immediately offer persons who are Transgender workplace protection as well as allow them access to educational benefits.


This is a good resource for reading about it http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1115&context=yhrdlj

Yeah, this is a big deal. If I understand the case correctly, though, the DOJ wants to see it resolved through Title VII, so that's why they haven't weighed in, but...the ADA charge is still going to go through, congruent with the Title VII charge, correct? So we're going to see a decision on the ADA charge regardless?

At this point it's probably useful to make it clear that under the DSM-V, gender dysphoria is not a sexual dysfunction disorder. Also, being transgender is, strictly speaking, not a mental illness under the DSM-V. Rather, the distress caused by it is a mental state that is in the DSM-V. They've pretty much come out and said that they included it because it allows transgender people to obtain treatment, insurance (though that's not always available), and also legal protections, such as this case demonstrates.

http://www.dsm5.org/Documents/Gender%20Dysphoria%20Fact%20Sheet.pdf

quote:

The critical element of gender dysphoria is the presence of clinically significant distress associated with the condition (gender nonconformity).

Persons experiencing gender dysphoria need a diagnostic term that protects their access to care and won’t be used against them in social, occupational, or legal areas.
When it comes to access to care, many of the treatment options for this condition include counseling, cross-sex hormones, gender reassignment surgery, and social and legal transition to the desired gender. To get insurance coverage for the medical treatments, individuals need a diagnosis. The Sexual and Gender Identity Disorders Work Group was concerned that removing the condition as a psychiatric diagnosis—as some had suggested—would jeopardize access to care.

Part of removing stigma is about choosing the right words. Replacing “disorder” with “dysphoria” in the diagnostic label is not only more appropriate and consistent with familiar clinical sexology terminology, it also removes the connotation that the patient is “disordered.” Ultimately, the changes regarding gender dysphoria in DSM-5 respect the individuals identified by offering a diagnostic name that is more appropriate to the symptoms and behaviors they experience without jeopardizing their access to effective treatment option

quote:

Advocate:
“Having a diagnosis is extremely useful in legal advocacy,” said Shannon Minter, legal director of the National Center for Lesbian Rights. “We rely on it even in employment discrimination cases to explain to courts that a person is not just making some superficial choice ... that this is a very deep-seated condition recognized by the medical community.”

There's no rational reason to exclude gd from the ADA.

Sharkie
Feb 4, 2013

by Fluffdaddy

Spacewolf posted:

Sure there is. It politicizes the ADA, something that (to the relief of most disabled folks) is actually not a partisan issue in the US. It's rough enough being blind, I don't need what few protections I get being turned into a wedge issue for either party!

Seriously: You want to protect transgenders, go ahead. But don't touch the ADA! Leave us out of your fight!

I'm not sure I understand how removing gender dysphoria from the list of conditions that are specifically barred from the ADA would imperil the protections that Americans with disabilities have.

And just so you know the term is "transgender people," not "transgenders." Also I'll reiterate the other posters that have pointed out the ADA is already politicized.

Sharkie
Feb 4, 2013

by Fluffdaddy

GhostofJohnMuir posted:

So what's the next "Grand Cause" for people to focus on after marriage equality. There are still a ton of LGBT issues (especially T issues), but I feel like a lot of them, especially the ones noted in the OP, are too complicated or don't have enough mass appeal to become the new marriage equality campaign. Maybe bundling together employment and housing protections would have the best shot at picking up steam, but if we couldn't pass the ERA for women, what are the odds of passing one focusing on LBGT issues?

That's a large part of why I created this thread. The Equality Act would help a lot; though I'm not super optimistic about the odds of it passing. Which is why I think it's naive when people act like marriage equality is the be-all end-all of gay rights, or that legal equality is due any week now. That being said, this might end up playing out at the local and state level, which is very good news for some people (San Antonio for example), but leaves many other behind, and as we've seen with gay marriage, that's not necessarily a successful strategy, at least when you're looking at the legislature. State-level judicial rulings may end up being vitally important here, too. Especially a case that ends up reaching the Supreme Court would be nice, but who knows what or when that will be.

Sharkie
Feb 4, 2013

by Fluffdaddy

Higsian posted:

Yeah but the discrimination doesn't come from the condition itself. It comes from how particular treatments clash with established gender norms.

Actually, I wrote that above and then figured out my problem with it, I was thinking purely of transformation and not the specific mental condition. It's okay to add gender dysphoria to the ADA as a mental disability because I imagine you could be discriminated against purely because of the condition even without physically or legally changing your gender. But I think trans also needs to be added to/there needs to be some sort of "don't discriminate against people who are different from you/social norms" kind of law because adding gender dysphoria to the ADA doesn't cover things like hermaphroditism, effeminate men, masculine women, etc which are all similar kinds of problems.

Keep in mind that Gender Dysphoria is an adaptation of the earlier DSM's "Gender Identity Disorder," not a new addition.

Title VII provides protection in some of these cases ("masculine women," etc):

quote:

http://www.franczek.com/frontcenter-EEOC_Transgender_Status_Gender_Identity.html
In Price Waterhouse, the Supreme Court held that discrimination on the basis of gender stereotype (e.g., a woman denied partnership in a company because she was too “macho” and not “feminine” enough) is sex-based discrimination prohibited under Title VII. Several United States Circuit Courts of Appeals have subsequently held that under this holding, Title VII bars “not just discrimination because of biological sex, but also gender stereotyping—failing to act and appear according to expectations defined by gender.” Following this approach, the Commission reasoned that when an employer discriminates against someone because the person is transgender, the disparate treatment is “related to the sex of the victim.” According to the Commission, this includes a person allegedly discriminated against for expressing his or her gender in a non-stereotypical fashion, and a person allegedly discriminated against because an employer is uncomfortable with or dislikes the fact that he or she has or is transitioning from one gender to another

A list of cases is available on the EEOC's website.

Now, as for why Title VII doesn't mean employment equality for gay and transgender Americans? Well, it's complicated. But basically courts are still able to selectively interpret it. See Eure v The Sage Corp.

quote:

http://transworkplace.blogspot.com/2014/12/the-court-gets-it-wrong-in-eure-v-sage.html
The Court also cited to the following statement in Schroer v. Billington:

"While I agreed with the Sixth Circuit that transsexuality is not a bar to a sex stereotyping claim, I took the position that `such a claim must actually arise from the employee's appearance or conduct and the employer's stereotypical perceptions.' In other words, `a Price Waterhouse claim could not be supported by facts showing that [an adverse employment action] resulted solely from [the plaintiff's] disclosure of her gender dysphoria'"

Sharkie fucked around with this message at 06:19 on Aug 26, 2015

Sharkie
Feb 4, 2013

by Fluffdaddy

Effectronica posted:

I think that the next big struggles will center around bullying/harassment on the LGB end, and getting included in federal civil rights laws on the T end. Not so much because the former is the worthiest, but because housing/employment discrimination will probably have a lot more tepid support from well-off LGB people.

Is there anything new trying to get done about lgbt bullying and harassment? And yeah, I think that for some lgb people, housing and employment discrimination isn't something that's on their radar as much as marriage has recently been, simply because they are in a position to not have to deal with it, or have more options available. Awareness is also an issue. I don't have the article on hand but it reported something over 60% of Americans were unaware that states legalize housing/employment discrimination.

Nintendo Kid posted:

Do you mean "why do Idaho and Nebraska have any counties with LGBT protections?" Because the reason for that is that those are where their biggest cities are, or where major companies are that want to ensure they can attract nationwide talent by making sure they don't have to worry about them and their families being discriminated against.

Thanks for those maps. The second one also reminds me of voting patterns broken down at the county level: little islands of blue in seas of red. Though in this case obviously they are fewer and farther between.

Sharkie
Feb 4, 2013

by Fluffdaddy

the moose posted:

Yes but gender dysphoria by itself doesnt impair some one like blindness. Gender dysphoria should be treated and can cause problems but I would not consider it a disability. What else does the ADA cover besides ramps and parking spaces that trans people should be covered?

In addition to what computer parts and mandatory lesbian said, remember that the only reason gender dysphoria isn't already covered by the ADA is that it was one of a few conditions explicitly excluded when the ADA passed congress. Specifically, congress excluded sexual disorders (which is what gender identity disorder, as it was then known, was at the time classified as) from the ADA.

Sharkie fucked around with this message at 00:02 on Aug 30, 2015

Sharkie
Feb 4, 2013

by Fluffdaddy
Here's a very good article about the intersection of transgender and undocumented migrant rights: http://interactive.fusion.net/trans/ (warning, there are some pretty bad stories about sexual assault in it): http://interactive.fusion.net/trans/



Hillary Clinton has been getting some pressure about trans rights in ICE detention and prison. So far her response has been....not resounding. But she has acknowledged it:

http://fusion.net/story/131166/hillary-clinton-makes-transgender-immigrants-a-campaign-issue/

quote:

“I think we have to do more to provide safe environments for vulnerable populations,” Clinton said in response to a question about transgender immigrants being detained in institutions that don’t correspond with their self-identified gender.

“I don’t think we should, you know, put children and vulnerable people into big detention facilities because I think they are at risk. I think their physical and mental health are at risk,” Clinton said in response to another question about trans asylum seekers. She also noted that she would be in favor of changing some detention processes.

Representatives of BlackLivesMatter disrupted a HRC campaign event to talk about violence against black trans women and were brushed off.

I'm hoping the same happens with Bernie Sanders, as I think it would give him an opportunity to talk about what he feels he can do w/r/t trans people of color.

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Sharkie
Feb 4, 2013

by Fluffdaddy
Is your state fighting to restrict LGBT rights? There's a good chance it is!
http://hrc-assets.s3-website-us-east-1.amazonaws.com//files/documents/2015_StateLegislation-Document_2.pdf

quote:

Seemingly the most popular form of bill so far in the 2015 legislative session, these RFRAs require the state government to have a “compelling interest” before it can “substantially burden” personal religious practice. This sounds nice on paper, but who decides what counts as a burden? These bills are often incredibly vague and light on details — usually intentionally. In practice, most of these bills could allow individuals to use religion to challenge or opt out of state and local laws, including local laws that protect lesbian, gay, bisexual and transgender people from discrimination. The evangelical owner of a business providing a secular service could sue claiming that their personal faith empowers them to refuse to hire Jews, divorcees, or LGBT people. A landlord could claim the right to refuse to rent an apartment to a Muslim or a transgender person.

By passing a state RFRA, the state puts the power to decide what constitutes religious discrimination in the hands of the state Supreme Court. Given the fact that state Supreme
Courts tend to reflect the leanings of the state as a whole, this places a gay couple in Mississippi at much greater risk than a gay couple in Rhode Island.

In addition, OK is fighting to protect conversion therapy, 10 states are fighting to restrict trans people's rights, TX, WV, AR, and MS are trying to, or have already, overrule local LGBT ordinances

Once again, education is a very important part of fighting these kinds of restrictions. Most Americans don't know that in many states, employment and housing discrimination is legal.

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