AP analysis: Most states lack laws protecting LGBT workers

AP analysis: Most states lack laws protecting LGBT workers

Rumors started circulating around the fire station in Byron, Georgia, within a year after the medical treatments began. The fire chief’s once-crewcut hair was growing longer, and other physical changes were becoming noticeable. Keeping quiet was no longer an option.

The chief said that once members of the tiny Fire Department were told, word spread “faster than a nuclear explosion” through Byron — a city of about 4,500 in a farming region outside Macon known for growing Georgia’s famous peaches. The fire chief was undergoing a gender transition and would continue to run the department as Rachel Mosby. A City Hall staffer told Mosby many were stunned because “I was the manliest man anyone had met in their lives.”

“They initially took it very well, much to my surprise,” Mosby said. “I heard a lot of comments like, ‘Chief, you don’t have anything to worry about. We’ve got your back.’”

It didn’t last. As a man, Mosby served as Byron’s fire chief for a decade until the beginning of 2018. Then Mosby started coming to work as a woman, and the city fired her less than 18 months later. Her June 4 termination letter cited “lack of performance.” Mosby insists the only thing that changed was her gender.

“They didn’t want somebody like me in that position,” she said, “or any position with the city.” It’s not illegal under Georgia state law to fire someone for being gay or transgender. Twenty-eight U.S. states have adopted no laws that prohibit workplace discrimination targeting LGBT employees. Only a small percentage of cities and counties offer protection at the local level. So Mosby, like thousands of other LGBT Americans, has sought recourse under the federal law that makes sex discrimination illegal at work.

The U.S. Equal Employment Opportunity Commission has treated LGBT-based job discrimination cases as sex discrimination since 2013. But that could soon end, depending on how the U.S. Supreme Court rules in cases it heard Oct. 8 that deal with the firings of gay men in Georgia and New York state and a transgender woman in Michigan.

The key question: Do firings and harassment based on a worker’s sexual orientation or gender identity qualify as sex discrimination under Title VII of the Civil Rights Act?

A ruling that says the federal law doesn’t protect workers targeted because they’re gay or transgender could leave millions vulnerable in more than half of U.S. states, an Associated Press analysis found.

Only 21 states have their own laws prohibiting job discrimination based on sexual orientation or gender identity. Wisconsin outlaws discrimination because of sexual orientation but doesn’t protect transgender workers. And fewer than 300 cities and counties have local ordinances protecting LGBT workers, according to an advocacy group.

That patchwork of state and local laws leaves large gaps where LGBT workers have no job protection beyond federal claims under Title VII. About half of the nation’s estimated 8.1 million LGBT employees live in states where job discrimination laws don’t cover them, according to the UCLA School of Law’s Williams Institute.

“If the Supreme Court sides against LGBT employees, it means they have to be really cautious and careful about living their lives openly and proudly,” said Jillian Weiss, a New York attorney who focuses on LGBT discrimination cases. “They may encounter a lot of discrimination, and there may not be anything they can do about it.”

The AP found workers are particularly vulnerable in the South, home to an estimated 35% of LGBT adults. Out of 16 states the U.S. Census Bureau defines as the South, only Maryland and Delaware prohibit discrimination against gay and transgender workers. Protection at the local level is sparse, with most Southern states having five or fewer cities or counties that shield private-sector LGBT workers.

South Carolina offers no protection at the state or local level. And Arkansas, North Carolina and Tennessee each passed laws blocking local governments from having their own anti-discrimination ordinances that cover LGBT workers.

Those large gaps mean only about 18% of adults in the South are protected against LGBT-based job discrimination, compared with about 89% in the Northeast, according to Naomi Goldberg of the Movement Advancement Project, an LGBT-rights think tank that tracks anti-discrimination laws.

The Supreme Court’s upcoming decision, not expected until next year, could make or break Lonnie Billard’s discrimination lawsuit in North Carolina against the Roman Catholic Diocese of Charlotte and an affiliated high school. A federal judge put Billard’s case on hold until the high court rules.

Billard, a substitute teacher and longtime employee at Charlotte Catholic High School, was fired after announcing on Facebook in 2014 that he was marrying his male partner.

Attorneys for the diocese said Billard was let go for “advocacy in favor of same-sex marriage in violation of the Catholic Church’s fundamental beliefs.” They said the school could legally fire him in part because of its religious affiliation.

Billard’s case illustrates a dilemma that advocates say more gay couples could face if the Supreme Court, which declared same-sex marriage legal in 2015, decides federal law doesn’t protect them from harassment at work for being openly married.

“You get married on Saturday and fired on Monday, and there’s no protection,” said Luke Largess, one of Billard’s attorneys.

Advocates say the EEOC’s involvement is making a difference. The commission reports it received more than 8,600 LGBT-based discrimination complaints in the six-year period through September 2018. More than 1,300 cases ended with the workers who filed claims receiving some benefit.

Brandi Branson, a transgender woman who was fired by a Florida eye clinic in 2011, got a $150,000 settlement from her former employer after the EEOC sued on her behalf.

“It meant a lot. It meant somebody heard me,” Branson said. “I felt validated in myself as a person and also in my claims that I was wronged.”

Critics say the EEOC overreached by extending Title VII protections to LGBT workers. The federal law doesn’t mention sexual orientation or gender identity. While it prohibits job discrimination based on sex, Congress didn’t consider that to include LGBT discrimination when the law was passed in 1964, said attorney John Bursch of the Alliance Defending Freedom.

Bursch represents a Michigan funeral home that fired transgender woman Aimee Stephens in 2013 in one of the cases before the Supreme Court. Bursch argues Congress would need to change the law for it to cover LGBT discrimination.

“No matter what you feel about the substantive issue of LGBT employment protections, everyone should be upset that a government agency … could punish someone based on a change in law they could not have anticipated based on its plain text and its interpretation for 50 years,” Bursch said.

In Georgia, Mosby is still waiting to hear whether the EEOC will pursue her case against the city of Byron — and whether the Supreme Court’s ruling might upend it.

After making her transition public last year, Mosby said, she was ordered to start wearing a uniform the first day she came to work in a skirt. Previously, Mosby often wore suits and ties. When Mosby fired a reserve firefighter who called the chief a slur to her face, the firefighter appealed and was reinstated by the city.

Meanwhile, Byron’s City Council in January changed its personnel policy to eliminate appeals for any department heads the city fires. Still, Mosby said she was surprised when Derick Hayes, Byron’s city administrator, fired her months later.

Hayes cited three reasons for Mosby’s firing in her termination letter: that she was responsible for a backlog of business licenses awaiting approval; that she attended only five classes at a recent fire chief’s conference, wasting the city’s money; and that she failed to maintain certification as an arson investigator.

Hayes didn’t return a phone message seeking comment. Byron Mayor Lawrence Collins denied Mosby was fired because she’s transgender.

“The quick answer on that is no. I think the records reflect that,” Collins said, declining to comment further.

Mosby said being jobless left her in financial straits. The public humiliation of her firing further strained relationships with her family, already stressed following her transition.

“I’ve lost my family, I’ve lost my house,” Mosby said. “Now I’m living with friends that keep a roof over my head and food in my stomach, so I’m not having to live in my car. It’s been utterly devastating.”

Bynum reported from Savannah, Georgia. Kastanis reported from Los Angeles.

Parents of slain gay man chide Trump’s attorney general over LGBT rights

Parents of slain gay man chide Trump's attorney general over LGBT rights

WASHINGTON (Reuters) – The parents of slain gay Wyoming man Matthew Shepard blasted U.S. Attorney General William Barr on Wednesday for failing to stand up for LGBT civil rights in a statement read at a Justice Department ceremony marking the 10-year anniversary of a hate crime law bearing their son’s name. FILE PHOTO: Judy and Dennis Shepard, parents of Matthew Shepard whose 1998 kidnapping and murder cast widespread attention on hate crimes against gay people, address a roundtable discussion on "improving the identification and reporting of hate crimes," through the Justice Department’s Hate Crimes Enforcement and Prevention Initiative in Washington, U.S., October 29, 2018. REUTERS/Jonathan Ernst/File Photo

Judy and Dennis Shepard did not attend, but Cynthia Deitle, a former FBI agent and now an executive with the Matthew Shepard Foundation LGBT rights organization, read a scathing letter they wrote, drawing applause from many in attendance at the event commemorating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

“We find it interesting and hypocritical that he (Barr) would invite us to this event commemorating a hate crime law named after our son and Mr. Byrd, while, at the same time, asking the Supreme Court to allow the legalized firing of transgender employees,” Deitle said, reading from the letter.

Barr’s Justice Department argued at the U.S. Supreme Court on Oct. 8 on behalf of President Donald Trump’s administration that a landmark decades-old federal anti-discrimination law that bars sex discrimination in the workplace does not cover sexual orientation or gender identity.

Barr was not in attendance, but Deitle made the remarks as Eric Dreiband, assistant attorney general in the Justice Department’s Civil Rights Division, sat nearby on the same stage.

“Mr. Barr, you cannot have it both ways. If you believe that employers should have the right to terminate transgender employees, just because they are transgender, then you believe they are lesser than and not worthy of protection. If so, you need not invite us to future events at the Department of Justice,” Deitle said.

The remarks drew applause and a standing ovation from a significant portion of the audience. Deitle said she was standing in for the Shepards because they were traveling.

The Shepards in their letter also said Barr has failed to stand up to discriminatory actions supported by the Trump administration, and urged him to “take a stand as a member of this administration to disavow and condemn any person who fuels the fires of hate with their words and actions.”

The Trump administration also has supported the right of certain businesses to refuse to serve gay people on the basis of religious objections to gay marriage, restricted transgender service members in the military and rescinded protections on bathroom access for transgender students in public schools.

The event got off to a routine start, with Dreiband praising the law signed by Republican Trump’s Democratic predecessor Barack Obama.

“Prosecuting hate crimes remains a top priority here at the Department of Justice,” Dreiband said, noting that 100 defendants in about 50 cases have been prosecuted under the law since its passage.

A Justice Department spokeswoman disputed the Shepards’ characterization of the administration’s position in the Supreme Court matter.

Matthew Shepard was a student at the University of Wyoming in 1998 when was tied to a fence, pistol-whipped and left unconscious for hours in an anti-gay crime. He died a few days later at age 21. That same year, James Byrd Jr., a 49-year-old black man, was murdered by white supremacists in a high-profile racially motivated crime in Texas.

The law named after them criminalized violence committed on the basis of race, sexual orientation, gender, gender identity, religion, national origin or disability, among other provisions.

LGBT children’s book will help kids understand more about their sexuality and identity, by using the alphabet, poems, and illustrations

LGBT children’s book will help kids understand more about their sexuality and identity, by using the alphabet, poems, and illustrations

Arts & Culture Matt Webb, the author of a new ABC book that highlights LGBT terms, says the idea came about when he contemplated the future of his newborn nephew

A boy takes part in a gay pride parade to support LGBT rights in Budapest, Hungary. Helping children see the diversity of the world around them benefits all students, says a US nonprofit promoting education on LGBT issues. Photo: Shutterstock

Books Drugs, celebrity spats, rock ’n’ roll: Elton John’s Me is a lighthearted yet sombre look at an extraordinary life

Gay Icelandic minister unleashes on anti-LGBT Trump lackey who compared homosexuality to alcoholism

Gay Icelandic minister unleashes on anti-LGBT Trump lackey who compared homosexuality to alcoholism

Rick Perry (left) and Guðmundur Ingi Guðbrandsson (right). (Guðmundur Ingi Guðbrandsson/ Facebook) The gay minister for the environment and natural resources in Iceland called out the US secretary of energy for his anti-gay views during a meeting last week.

Guðmundur Ingi Guðbrandsson and Rick Perry met on Thursday, October 10, when Perry visited Iceland to attend the Arctic Circle Assembly.

Guðbrandsson said they discussed international cooperation on the climate crisis and the importance of the US rejoining the Paris Agreement, but the gay Icelandic minister also criticised Perry’s anti-gay stance.

On his Facebook page , Guðbrandsson wrote: “At the end of the meeting, I expressed my strong opposition toward his enactment of a law that made same-sex marriage illegal in Texas.

“I told him I am gay and that authorities are, to a large extent, responsible for enacting such a law – that they cannot simply justify it as being the result of a public vote.

“Perry has, among other things, compared homosexuality to alcoholism and is opposed to enabling same-sex couples to adopt children.”

Perry led the charge against gay people being allowed to serve in the military, releasing a notorious ad while running for president in 2012 claiming there’s “something wrong in this country when gays can serve openly in the military but our kids can’t openly celebrate Christmas”. US Secretary of Energy Rick Perry previously compared homosexuality to alcoholism. (PETRAS MALUKAS/AFP via Getty) He also previously defended a Texas ban on same-sex couples adopting and, according to the Human Rights Campaign , said he would support a federal measure to stop LGBT+ families adopting.

According to Time Magazine , in his 2008 book On My Honor, Perry compared homosexuality with alcoholism.

He wrote: “Even if an alcoholic is powerless over alcohol once it enters his body, he still makes a choice to drink.

“And, even if someone is attracted to a person of the same sex, he or she still makes a choice to engage in sexual activity with someone of the same gender.”

LGBT groups slam opening of first Chick-fil-A restaurant in UK

LGBT groups slam opening of first Chick-fil-A restaurant in UK

LGBT groups have slammed the opening of a UK Chick-fil-A restaurant A controversial chicken sandwich chain which detractors say has a "long history of donating to anti- LGBT organisations" has opened its first branch in the UK.

Chick-fil-A was subject to a boycott in the US following public comments made by its chief operating officer Dan Cathy that appeared to take a stance against same-sex marriage.

Mr Cathy stated on US radio programme The Ken Coleman Show in 2012 that defining marriage differently to the bible was akin to "shaking a fist at God".

He said: "I think we are inviting God’s judgment on our nation when we shake our fist at Him and say, ‘We know better than you as to what constitutes a marriage’.

"I pray God’s mercy on our generation that has such a prideful, arrogant attitude to think that we have the audacity to define what marriage is about."

These comments prompted a US wide boycott of the chain.

However, the group actually saw a 12 per cent sales increase in the year after the boycott began.

Chick-fil-A has also been accused of donating millions of dollars to groups seen as hostile to LGBT rights.

The group’s opening of a restaurant in The Oracle, Reading, sees it expand into the UK for the first time.

The move was criticised by LGBT groups in the UK.

Joe Nellist from LGBT Foundation said: “Chick-fil-A have a long and troubling history of donating to anti-LGBT organisations, threatening the hard won rights of LGBT people in the United States.

"A commitment to equality and diversity should be part of the core values and ethos of any organisation.” Read more Stonewall, an LGBT rights group, said that the backlash showed that consumers wanted to use their clout to "support equality".

A Stonewall spokesperson said: ‘The reaction to this news from the LGBT community and allies shows that more and more consumers want to use their platform and business clout to support organisations and businesses who actively support LGBT equality.

"Lesbian, gay, bi and trans people still face discrimination and hatred simply because of who they are, and when businesses get behind LGBT equality, they can make a huge difference."

A spokesman for Chick-fil-A told the Standard: "We hope our guests in the UK will see that Chick-fil-A is a restaurant company focused on serving great food and hospitality, and does not have a social or political agenda.

"We are represented by more than 145,000 people from different backgrounds and beliefs, and we welcome everyone."

The Standard has approached Chick-fil-A for comment.

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Chick-fil-A’s first UK restaurant sparks LGBT rights row

Chick-fil-A's first UK restaurant sparks LGBT rights row

The restaurant in Reading’s Oracle shopping centre opened on 10 October LGBT campaigners are calling for a boycott of a popular US restaurant chain’s first UK branch.

Chick-fil-A, the third-largest fast-food chain in the US, made its British restaurant debut last week in the Oracle shopping centre in Reading.

But campaigners say the chain supports anti-LGBT groups, and in 2012 the company’s chairman sparked a US boycott when he said he opposed gay marriage.

Chick-fil-A said it was focused on great food and genuine hospitality.

The food chain, founded in 1967, boasts about 2,400 outlets in the US and Canada.

According to US news website Think Progress, in 2017 the Chick-fil-A Foundation donated millions of dollars to the Fellowship of Christian Athletes, the Paul Anderson Youth Home and the Salvation Army. ‘Sum of many experiences’

Campaigners say all three organisations have a reputation of being hostile to LGBT+ rights.

Among those who would like to see the restaurant close is Jennie Rigg, former chair of the LGBT+ Liberal Democrats.

She told the BBC: "In terms of ethical shopping, I’m not going to give my money to a company that will give their money to people who want to eradicate people like me."

Chick-fil-A told the BBC: "Our giving has always focused on youth and education. We have never donated with the purpose of supporting a social or political agenda.

"There are 145,000 people – black, white; gay, straight; Christian, non-Christian – who represent Chick-fil-A.

" We are the sum of many experiences, but what we all have in common is a commitment to providing great food, genuine hospitality, and a welcoming environment to all of our guests."

It added that it stopped donating to the Paul Anderson Youth Home in 2017.

The Salvation Army said: "It is simply not the case that The Salvation Army wants to eradicate anyone.

"We are a church and charity that supports some of the most vulnerable people in society."

It added: "We oppose any discrimination, marginalisation or persecution of any person.

"We find no scriptural support for demeaning or mistreating anyone for any reason."

A statement from the Oracle said it was proud to offer an inclusive space where members of the community can come together.

EXCLUSIVE: Dawn Butler slams Liz Truss over government’s ‘failing’ of LGBT community after surge in transphobic hate crimes

EXCLUSIVE: Dawn Butler slams Liz Truss over government’s ‘failing’ of LGBT community after surge in transphobic hate crimes

Dawn Butler (L) (Antony Jones/Getty) and Liz Truss (R) (Carl Court/Getty) Labour MP Dawn Butler has slammed Conservative minister for women and equalities Liz Truss over the government’s failure to reform the Gender Recognition Act.

Butler made the comments in a letter to Truss after new statistics revealed that there was a 37 percent surge in transphobic hate crimes between April 2018 and March 2019.

Writing in the letter, shadow women and equalities secretary Butler called the new statistics “deeply worrying”. She said she was “disappointed” that there was no mention of reforming the Gender Recognition Act in the Queen’s speech in parliament earlier this week. Labour MP Dawn Butler: Government has missed ‘another opportunity to act’.

“It’s frustrating that the government have missed another opportunity to act and have once again failed the LGBT+ community,” Butler wrote.

She continued: “I am concerned that the government is not taking transgender issues seriously; today’s figures are alarming and provide further evidence on the need to act now – the government should stop dragging its feet and just reform the act.”

Furthermore, Butler asked Truss to confirm when the government will announce plans to reform the GRA. She also said that Truss must not use the fact that she was only appointed women and equalities minister in September as an excuse to kick the can even further down the road. I am concerned that the government is not taking transgender issues seriously. “The fact that we are now two years on from the announcement that the act would be reformed, and nearly a year on from the close of the consultation means that the government is creating another dangerous void.

Stars you didn’t know are gay or lesbian

Celebs you didn’t know have an LGBT sibling

“There has been increasing anti-trans rhetoric in the press, including misinformation regarding what a change in the law would mean. This has created an unnecessary moral panic about a community that already experiences high levels of hate crime, poor mental health and exclusion.” Shadow Secretary of State for Women and Equalities Dawn Butler (Jack Taylor/Getty) She finished her letter by calling the government’s stalling on reform “irresponsible governance”.

“The onus is on the government to put this right – reform is needed now.” Gender recognition act needs reform

The Gender Recognition Act (GRA) was first introduced in 2004 but is in urgent need of reform. The current Act insists that trans people be diagnosed with gender dysphoria. They must also prove that they have been living in their gender for two years or more.

The process – which was once called “overly bureaucratic and invasive” by former prime minister Theresa May – is so cumbersome that many trans people don’t even engage with it.

The government’s public consultation on the act wrapped up almost a year ago, but officials have stalled in implementing change.

The Big Bang Theory’s Jim Parsons creating documentary series based on LGBTQ+ history

The Big Bang Theory’s Jim Parsons creating documentary series based on LGBTQ+ history

Jim Parsons is helping create a series celebrating LGBTQ+ history (Picture: Getty) The Big Bang Theory ’s Jim Parsons is teaming up with Greg Perlanti to create a new documentary series based on historical moments for the LGBTQ+ community.

The actor, who has been moving behind-the-scenes for more producer-led roles over the past year, will bring to life landmark points of the history of gay, transgender and queer rights that have been long fought for.

Equal, a four-part series, will also chronicle forgotten heroes and faces of the movement, giving them overdue recognition for their fight for equal rights for the community.

Each hour-long episode will see never-before-seen footage, interviews and re-enactments to bring to life the story of LGBTQ+ trailblazers that have made history with their work and efforts.

It will end with a special on the Stonewall Riots, ending with the first New York Pride event one year after the events of that evening.

Jennifer O’Connell, executive VP of non-fiction at HBO Max, said: ‘In June, we commemorated the 50th anniversary of the Stonewall Riots, which shepherded in a new era for LGBTQ+ pride.

‘While we know the story behind that fateful summer night, there’s a lot of fascinating, untold history of the patriots, artists, and thinkers who paved the way.’ The star will help create the four-part series celebrating LGBT trailblazers (Picture: Getty) ‘It’s time to share their heroic tales, and we could not have more perfect partners in Jim Parsons, Greg Berlanti, Jon Jashni and Scout to introduce our HBO Max audience to these historical trailblazers,’ she added.

Jim also produces Netflix series Special, which tells the life of a gay man with cerebral palsy, and Young Sheldon, the prequel series of his character from The Big Bang Theory. UK’s first Chick-fil-A to close down amid row over anti-LGBT donations Kissing lesbians told to ‘tone it down’ by Wetherspoon staff Man lured to Grindr date by teens who ambushed him in homophobic attack It’ll mark the first ever production for Warner Horizon Unscripted TV’s new documentary unit, with president of unscripted and alternative Mike Darnell explaining that the creation of the show comes at a ‘critical’ time.

He said: ‘We are extremely proud to partner with these groundbreaking producers on a subject this important, at a time this critical.

‘What a perfect project to launch Warner Horizon Unscripted Television’s new documentary series unit.’

The Big Bang Theory is available on Netflix in the UK.

Parents of Murdered Gay Student Matthew Shepard Criticize Attorney General Barr Over LGBT Rights

Parents of Murdered Gay Student Matthew Shepard Criticize Attorney General Barr Over LGBT Rights

The parents of Matthew Shepard, the gay college student murdered in 1998, assailed Attorney General William Barr on Wednesday for what they called hypocrisy on LGBT rights during a Justice Department ceremony commemorating a hate-crimes law named after their son.

The ceremony, held in the department’s Great Hall, marked the 10th anniversary of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which was signed by President Barack Obama in October 2009. The act expanded the 1969 federal hate-crime law to include crimes based on a victim’s sexual orientation, gender identity or disability.

Judy and Dennis Shepard, unable to attend due to a prior commitment, prepared a statement that was read at the ceremony by Cynthia Deitle, a former FBI agent who is now programs and operations director for the Denver-based Matthew Shepard Foundation.

The Shepards praised Justice Department employees who over the years have worked to implement and enforce the act, but they blasted Barr — and by extension President Donald Trump ‘s administration — because the department argued last week before the Supreme Court that employers should be able to fire employees because they are transgender.

The administration also has taken other steps to roll back protections for LGBT people.

“Mr. Barr, you cannot have it both ways,” the Shepards’ statement said. “Either you believe in equality for all or you don’t. We do not honor our son by kowtowing to hypocrisy.”

The attorney general “must lead and demonstrate his refusal to accept hate in all its manifestations,” the Shepards said. “He must demonstrate courage, even if it means disagreeing with the administration. So far, he has done none of these deeds.”

Many of the guests at the ceremony rose for a standing ovation after Deitle finished reading the statement.

There was no immediate response from the Justice Department.

Matthew Shepard’s murder was a galvanizing event for LGBT Americans, epitomizing the pain and discrimination that many had experienced personally.

Shepard was found badly beaten and barely breathing on Oct. 6, 1998, after being tied to a split-rail fence on a dirt road near Laramie, Wyoming. He had spent 18 hours there in the near-freezing cold before a cyclist discovered him, at first mistaking him for a scarecrow. He died five days later. Police said his two attackers targeted him because he was gay. Both were sentenced to life in prison.

James Byrd Jr., a black man from East Texas, was also killed in 1998. He was chained to the back of a truck and then dragged along a secluded road. Two of the white men convicted of his murder have been executed.

Wednesday’s ceremony included opening remarks by Assistant Attorney General Eric Dreiband, who outlined some new initiatives aimed at increasing the reporting of hate crimes and improving law enforcement’s response to them.

The event also featured a panel discussion about the first hate-crimes murder prosecution brought under the Shepard-Byrd act. That case involved a group of young white people in Mississippi who drove into the majority-black city of Jackson in 2011 to harass black people. A 49-year-old black man, James Craig Anderson, was run over and killed by a truck driven by one of the white youths. Contact us at editors@time.com .

LGBTQ Dreamers Fear Detention and Deportation and Need DACA’s Protections

LGBTQ Dreamers Fear Detention and Deportation and Need DACA’s Protections

Getty/Drew AngererA view of the Statue of Liberty is seen during a naturalization ceremony in Jersey City, New Jersey, September 2017. On November 12, the U.S. Supreme Court will hear oral arguments on the legality of President Donald Trump’s termination of the Deferred Action for Childhood Arrivals (DACA) program. The stakes of this case are extremely high: Since the policy was announced on June 15, 2012, it has provided temporary protection from deportation and work authorization to approximately 825,000 undocumented young people, including thousands of LGBTQ people. By applying the Gallup estimate of Millennials who identify as LGBT, 8.1 percent , to the number of DACA recipients in the country, the authors conservatively estimated that at least 66,825 LGBT individuals have received protection under DACA.* † The DACA program has allowed recipients who identify as LGBTQ to live free from the daily fear of deportation and improve their economic security and educational attainment.

LGBTQ DACA recipients, like all DACA recipients, have made enormous gains under the program. In addition to the effect that DACA has had on LGBT recipients’ economic security and educational attainment, a recent survey also shows that DACA has played a large role in LGBT recipients’ feelings of inclusion and belonging in the United States: 65 percent of LGBT recipients reported that after their DACA application was approved, they felt more like they belong in the United States. Meanwhile, 66 percent reported that they have become more involved in their community, and 62 percent reported becoming more politically active after their DACA application was approved. President Trump’s termination of the program put these gains in jeopardy. A note on the survey data

From August 14 to September 6, 2019, Tom K. Wong of the U.S. Immigration Policy Center at the University of California, San Diego; United We Dream; the National Immigration Law Center; and the Center for American Progress fielded a national survey to analyze the experiences of DACA recipients. The full survey results are available here and on file with Tom K. Wong. This survey included a question asking respondents to report whether they identified as straight, lesbian, gay, bisexual, transgender, or gender nonconforming. Out of 1,105 respondents, 157 individuals, or 14 percent of the total sample, stated that they were either lesbian, gay, bisexual, transgender, or gender nonconforming.

The authors combined the responses from survey respondents who identified as lesbian, gay, bisexual, transgender, or gender nonconforming. They then conducted analyses to explore current beliefs and experiences of LGBT DACA recipients as well as potential differences between LGBT and non-LGBT survey participants related to the harms of President’s Trump’s rescission of this policy. Potential risks of deporting LGBT DACA recipients

Although two-thirds of LGBT survey respondents reported, “After my DACA application was approved, I am no longer afraid because of my immigration status,” they also expressed concerns about detention and deportation, providing insight into the harms that LGBTQ DACA recipients could face if President Trump succeeds in terminating the program. Without DACA’s protection from deportation, LGBTQ recipients once more would be at risk of being deported to their countries of birth. Like other DACA recipients, LGBTQ recipients have spent their formative years in the United States, meaning their countries of birth are unfamiliar to them; more than half of LGBT DACA recipients surveyed in 2017 were 5 years old or younger when they were brought to the United States. They also lack support networks in these countries, with less than one-third of LGBT survey respondents reporting that they have an immediate family member still living in their country of birth. Fears about the lack of stability in and familiarity with their home countries are clear in the survey results: 80 percent reported, “In my country of birth, I would be concerned about the physical safety of myself and my family.”

72 percent reported, “In my country of birth, I would be concerned about the quality of healthcare for myself and my family.”

58 percent reported, “In my country of birth, I would be concerned about food insecurity for myself and my family.”

43 percent reported, “In my country of birth, I would be concerned about homelessness for myself and my family.”

Given these well-founded concerns about the safety and security of being an LGBTQ person in countries such as El Salvador, Guatemala, and Honduras , losing protections under DACA and being deported would put the physical safety, health, and security of LGBTQ DACA recipients and their families at serious risk. LGBT recipients fear the consequences of losing DACA

LGBT survey respondents also indicated that the uncertainty around the program’s future—and, by extension, their own personal future—is often on their minds. LGBT survey respondents were significantly more likely than the rest of the DACA recipients surveyed to think at least once a day about the following immigration enforcement consequences of losing their protections: 56 percent reported thinking about “Being detained in an immigration detention facility” about once a day or more.**

64 percent reported thinking about “Being deported from the U.S.” about once a day or more.***

74 percent reported thinking about “A family member being detained in an immigration detention facility” about once a day or more.****

With record numbers of immigrants being detained , traumatizing enforcement actions such as raids , and the uncertainty around the fate of their protections under DACA, the pervasive concerns of LGBT DACA recipients around detention and deportation are understandable. Conclusion

Stripping LGBT DACA recipients of these protections would have disastrous effects on their lives. Given the disproportionate risk of abuse that LGBTQ people face in immigration detention and the widespread risk they face in much of the world , the fears expressed by LGBT survey respondents are serious. Policymakers should address these fears, which weigh heavily and frequently on LGBT DACA recipients, through strengthening—not weakening—protections.

Sharita Gruberg is the director of policy for the LGBT Research and Communications Project at the Center for American Progress. Laura E. Durso is the vice president of the LGBT Research and Communications Project at the Center. Tom K. Wong is a senior fellow at the Center as well as an associate professor of political science and founding director of the U.S. Immigration Policy Center at the University of California, San Diego.

* An earlier estimate by the Williams Institute finds that the proportion of young adults ages 18 to 29 who identify as LGBT and are undocumented is 4.4 percent. Applied to the total number of DACA recipients, the Williams Institute reached an estimate of 36,000 DACA recipients who identify as LGBT. CAP uses the Gallup estimate for Millennials who identify as LGBT and applies that to the total number of DACA recipients. Since LGBT people of color and high-school-age youth identify as LGBT by larger percentages than the general LGBT population, this is likely a conservative estimate.

** p=0.002

*** p<0.001

**** p=0.035

† Correction, October 17, 2019: This column has been updated to clarify that an estimated 66,825 LGBT individuals have received protection under DACA at some point. Not necessarily all of these individuals currently hold DACA protections.