Issue Brief Draft Pt 2

Protecting the American People: Putting An End to LGBTQ+ Discrimination

• Introduction

1. 1. Since the Stonewall Riots of the 1960s, there has been an ongoing effort to increase acceptance of the LGBTQ+ community in America and across the globe. Accompanying the fight for acceptance, is a battle for equality and a battle to end unfair discrimination. Despite major legal wins such as the Supreme Court ruling in Obergefell v. Hodges, there remains obstacles to maneuver around and hoops to jump through in order to reach full equality. In 2021, there is an opportunity for Congress to cement the equal status of all Americans regardless of their sexuality or gender identity. The Equality Act has passed the House of Representatives, however, states in the south and midwest have proposed bills that curb the efforts of legislation like the Equality Act. There is simultaneously potential to support and potential to harm LGBTQ+ individuals. America needs to stay on the right side of history, and uphold its claim to provide equality, liberty, and justice for all. Discrimination against the LGBTQ+ community must end, and it must be supported by strong legislation. 
   2. Part 1: Hate On The Rise in America
   3. While it may appear that America is moving towards a greater acceptance of the LGBTQ+ community with increased representation in government and more visibility of LGBTQ+ individuals, targeted hate and discrimination continue to rise. According to data from an FBI report cited by NBC news, the LGBTQ+ community makes up 4.5% of the U.S. population, but they make up 18.5% of hate crime victims (CITATION). In 2019, 19% of reported hate crimes were motivated by anti-LGBTQ+ sentiment which increased two percent from the previous year (CITATION). The Human Rights Campaign tracks reported violence against the LGBTQ+ community. Since they began collection data in 2013, no year has seen a higher number of violent, fatal attacks against transgender and gender non-conforming individuals that 2020 where 44 people were murdered because of their gender identity (CITATION). The year 2021 has already recorded the murders of 12 transgender or gender non-conforming people (CITATION). While this data is alarming, other information suggests that these numbers do not represent the fullest picture. Communicating with the FBI about hate crimes is not mandatory. From 2018 to 2019, 71 cities reported zero or did not report hate crime statistics to the FBI (CITATION). Without mandatory reporting to the FBI, their data cannot be completely credible. The National Crime Victimization Survey (EXPLAIN), estimates that about 200,000 hate crimes take place in a year; the FBI estimates about 7,500 hate crimes occur in a year (CITATION). It is important that reporting yearly data to the FBI become mandatory because the public needs to understand the full extent of the hate and violence that the LGBTQ+ community faces on a daily basis. (INFOGRAPHIC HERE). 
      1. Part 1A: Dangerous Legislation On The Horizon
      2. Hate directed towards the LGBTQ+ community is not only coming from the individual level, but it is also coming from the government level. Since the beginning of a new legislative term, multiple states have introduced and passed bills placing restrictions on and enabling discrimination against LGBTQ+ individuals. Laws on South Carolina, Texas, Michigan, Arkansas, Oklahoma, Montana, and Alabama. Discuss laws and their potential impacts. Lawmakers claim it will “protect children” but it’s not actually about the children. 
   4. Part 2: Discrimination In The Workplace
   5. One area of society that is often left out of protective legislation is the workplace. At least twenty-eight states allow a company or business to legally fire an individual for identifying as lesbian, gay, bisexual, or transgender. (Include information here about what states have what kinds of protections in the workplace). The results of a 2015 survey from the National Center for Transgender Equality revealed that 30% of respondents were fired, denied a promotion, or not hired because of their gender identity or expression. Additionally, 15% of respondents replied that they were verbally, physically, or sexually harassed at work. The University of Chicago created a similar survey for lesbian, gay, and bisexual individuals that unfortunately prduced the same disappointing result: 18% experienced discrimination in the hiring process, 35% had been harassed at work, and 58% reported hearing derogatory comments about their sexual orientation in the workplace. It is difficult to deny the painful picture painted by these numbers. Everyone deserves to be treated equally at home, in public, and at work. Americans have the right to make a living and earn money for themselves and their families. An individual seeking employment should not have to worry about concealing their identity or lying about who they are out of fear they may not be hired or may be the victim of harassment. It is unfair. No one should walk into work wondering if they will be fired or if they will be physically attacked because of who they are. 
   6. Part 3: Discrimination In The Healthcare System
   7. The workplace is not the only area without broad protection against discrimination. The healthcare system has long been a space where LGBTQ+ individuals feel unwelcome. One in four transgender people actually avoid seeking required care out of fear of discrimination according to a 2015 U.S. Transgender Survey cited by the Center for American Progress. Other survey questions asked participants about whether they were refused care or whether their doctor used hurtful language towards them. For transgender individuals, 29% were completely refused care and 21% were spoken too with harsh or abusvive language (CITATION). For lesbian, gay, bisexual, and queer (LGBQ) individuals, 8% were refused care and 9% were spoken to by medical staff with harsh or abusive language (CITATION). While this issue disproportionately affects trangender Americans, it affects all members of the LGBTQ+ community to varying degrees. As of 2018, these forms of discrimination are prohibited in 37 states (CITATION). At the federal level, the Trump administration rolled back protections put in place by the Obama administration. Trump approved a measure that would no longer ban healthcare providers from withholding care to members of the LGBTQ+ community (CITATION). In the midst of a global pandemic and a time when special treatments are hard to come by, Trump’s actions are extremely harmful. 
      1. State vs federal regulations
      2. Provisions in Affordable Care Act
   8. Part 4: Passing The Equality Act
      1. What already exists
         1. Civil Rights Act

• Bostock v. Clayton County

1. 1. 1. Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
      2. Anticipate/argue against religious objections to Equality Act
2. Conclusion