Bias attacks based on gender identity rose significantly in 2019, according to a new FBI report on hate crimes.
Released this week, the annual Uniform Crime Report indicates that, last year, 227 hate-crime incidents were motivated by gender-identity bias. That’s up 20 percent from 2018, when 189 such incidents were reported.
Drilling into the data, there were 175 victims of anti-transgender bias and 52 victims of anti-gender-nonconforming bias reported last year, compared to 160 victims of anti-trans bias and 29 victims of anti-gender-nonconforming bias the year prior.
Civil rights advocates have long criticized the report for failing to represent the full number of hate crimes in the United States, since reporting isn’t mandatory. Last year, only 2,172 law enforcement agencies out of about 15,000, or less than 15 percent, reported hate crime data, the FBI said.
Since 2018, the number of agencies submitting hate crime statistics actually decreased by 451.
More than 70 cities with populations over 100,000 either failed to report data or affirmatively reported zero hate crimes. The Human Rights Campaign, the country’s largest LGBTQ civil rights group, said cities of that size not having a single hate crime all year “is clearly not credible.”
“The lack of mandatory reporting means that the FBI data, while helpful, paints an incomplete picture of hate crimes against the LGBTQ and other communities,” the organization said in a statement.https://dataviz.nbcnews.com/projects/20200714-trans-homicide-annual-barchart/index.html?initialWidth=560&childId=embed-20200128-coronavirus-us-count&parentTitle=Anti-transgender%20hate%20crimes%20soared%2020%20percent%20in%202019&=
In 2019, at least 27 transgender or gender-nonconforming persons died by violence, according to the group. Again, the real number is likely higher, as not all deaths are accurately reported, nor are all victims accurately identified.
In 2020, that figure has risen to 36, the most since the group began tracking these deaths in 2013, with more than a month left in the year.
“This year, we saw a tragic new record of fatal violence against transgender and gender-nonconforming people in this country, particularly against Black and Brown transgender women,” HRC President Alphonso David said in a statement. “These alarming statistics represent real trauma for individuals and families across this country who have to bear the brunt of these hate crimes.”
In a statement released prior to the election, Biden vowed to “put forward comprehensive solutions to help empower the transgender and gender-nonconforming community and prioritize the prosecution of anti-transgender violence.”
The FBI’s annual report defines hate crimes as those motivated by bias based on a person’s race, religion, gender or sexual orientation, among other categories.
In all, the bureau received 7,314 reports of hate crimes in 2019, up from 7,120 in 2018 and approaching the record 7,783 in 2008.
Reported attacks based on sexual orientation dipped slightly, from 1,445 in 2018 to 1,429 in 2019. They represented 16.8 percent of all hate crimes, the third largest category after race and religion.
Crimes involving religion-based bias rose, with attacks targeting Jewish people and institutions increasing 14 percent and those targeting Muslims increasing 16 percent. For the fourth year in a row, there was also a significant uptick in hate crimes targeting the Latino community, increasing 9 percent from last year.
Hate crimes against Black Americans dropped slightly, from 1,943 to 1,930.
Nearly 1 in 10 transgender Americans are turning to nonprescription sources for gender-affirming hormones — including friends, relatives and internet pharmacies — according to a new study.
While the Affordable Care Act has extended health care to millions, many trans people are still uninsured or are denied coverage for transition-related care, including hormones and gender-affirming surgery.
According to the Transgender Legal Defense and Education Fund, only 24 states explicitly require private insurance companies to cover gender-affirming treatment. And nine states, according to the fund, have explicit exclusions for trans-related coverage under Medicaid.
On Thursday, two West Virginia men denied hormone replacement therapy filed suit in federal court, challenging the blanket ban on gender-affirming care in state-funded health insurance plans, including Medicaid.
“Every time I go to someone who’s not my doctor, I get misgendered, I get uncomfortable questions. So if I’m not dying, I’m not going to the doctor.”
CECILIA GENTILI
It’s uninsured and underinsured individuals who are more likely to turn to alternative avenues to get hormones, according to Dr. Daphna Stroumsa, an OB-GYN with Michigan Medicine, and the lead author of the new report in Annals of Family Medicine.
“The lack of coverage is a combination of insurance companies being discriminatory in rejecting claims, and in creating excessive layers of [red tape] for something that is very straightforward and actually cost-effective,” Stroumsa told NBC News. “We know gender-affirming hormones immensely improve mental health and lower the risk of depression.”
Among the 27,715 study respondents who said they were interested in gender-affirming hormones, Stroumsa’s team found 15 percent were uninsured, and 21 percent of those with insurance said their claims were denied.
In all, more than 9 percent of the people in the study — 992 individuals — said they were taking nonprescription hormones.
Denied access to treatment, some individuals seeking to transition will use estrogen or testosterone prescribed to a friend, according to Stroumsa. Others will take birth control pills or buy medication off legally questionable internet pharmacies.
While the trend cut across demographics, turning to illicit hormone sources was slightly more pronounced among transgender women, as well as among younger respondents and biracial or multiracial individuals. There was no difference, however, based on education or economic level.
“It actually surprises me that [the number] is so low,” said Latinx trans advocate Cecilia Gentili, principal at Transgender Equity Consulting. “I’d expect it to be much higher.”
Cecilia Gentli.Courtesy Leah James
At the gender-affirming treatment clinic Gentili launched at New York City’s Apicha Community Health Center, demand always outweighed supply. “I started with nine clients, and by the end we had 650,” she said.
Transgender Americans face systemic barriers to care, and increased rates of unemployment and homelessness. Prior to the Affordable Care Act, insurance companies could deny coverage for transition-related treatments by labeling transgender identity a pre-existing condition.
The Trump administration has tried to repeal the Affordable Care Act, and, in June, revoked health care discrimination protections for transgender Americans. In the wake of the Supreme Court’s ruling in Bostock v. Clayton County, Georgia, a court injunction currently keeps those protections intact.
“Despite the administration’s best efforts, the ACA hasn’t been undermined to date,” Stroumsa said. “And more people are covered under Medicaid.”
‘If I’m not dying, I’m not going to the doctor’
Insurance isn’t always the issue. Outside of large, urban areas such as New York, Miami and Los Angeles, the odds of finding a caregiver who is culturally competent about transgender health become exceedingly low.“That’s why many of us find other ways to procure HRT,” Gentili said. “If you’re going to be misgendered, insulted or mistreated by a doctor, and you can get your meds from India or Colombia, then f— the doctor. I understand it.”
These days, Gentili works with a “terrific” primary care provider, but if she needs treatment in off-hours, she said she thinks twice about going to urgent care.
“Every time I go to someone who’s not my doctor, I get misgendered, I get uncomfortable questions,” she said. “So if I’m not dying, I’m not going to the doctor.”
Taking hormones not prescribed by a medical professional comes with a variety of risks. Not only because they may not be checked for content, quality, formulation or dosing, but because treatment isn’t likely to be monitored.
Estrogen therapy has been linked to blood clots in the lungs and legs, increasing the risk of stroke and possible long-term risk of breast cancer.
A 2018 Kaiser Permanente study found transgender women on hormone therapy were twice as likely as cisgender men or women to have the blood clot condition venous thromboembolism, which can cause shortness of breath, chest pain, lightheadedness or even fainting.
Though the risks of testosterone have been less studied, it can cause the blood to thicken, increasing chances of stroke or heart attack if too high a dose is administered or the dosage increases too quickly.
“The risks are on several levels,” Stroumsa said. “Where are you getting this from? Are you using the best regimen for you? Are we guiding you? Everyone deserves to be able to talk to their physician about their treatment.”
Gentili knows firsthand what getting hormones through less-than-official-routes can be like.
“My mom used to send me hormones from Argentina,” she recalled. “One time they made a mistake and sent me testosterone by accident. And I shot testosterone twice — it was a horrible experience.”
Still, she understands why many go outside the system.
“We have to define risk. What risk means to a white, cis[gender] man is totally different than what it means to someone like me. As a trans woman of color, I’ve been navigating risk as long as I can remember. If I can take a pill without dealing with a doctor who’s going to make me miserable — who’s going to attack my mental health, who I am — it’s worth it.”
Overlooked cardiovascular risks
Even if patients have insurance and go to medical professionals for transition-related care, the risk factors may not be fully appreciated.
A separate report presented last week at the American Heart Association’s Scientific Sessions 2020 conference found many transgender patients already receiving gender-affirming hormone therapy had unaddressed risks for cardiovascular disease, including high blood pressure, hypertension and high cholesterol.
“We get hyper-focused on the specific care they come for … and maybe we should spend more time looking at the larger picture of cardiovascular health,” said lead author Dr. Cecile Ferrando, director of the Cleveland Clinic Transgender Surgery and Medicine Program in Ohio. “There’s a big assessment on mental health before transition, but we’re not looking at the higher [heart-disease] risk.”
Of the 427 adults who sought care at the clinic’s Center for LGBTQ+ Care, nearly 7 percent had undiagnosed high blood pressure and more than 11 percent had undiagnosed high cholesterol. Their risk for stroke or heart attack in the next 10 years was significantly higher than that of cisgender Americans in the same age group.
Among those who had been previously diagnosed with cardiovascular conditions, many were not receiving recommended treatment. Thirty to 40 percent were smokers, another serious risk factor for heart disease.
“If you’re going to start someone on this treatment, you need to know their risks,” Ferrando said. “In general, marginalized groups that have less access to health care or who are stigmatized fall into higher risk groups.”
Unanswered questions linger
There’s been a boom in transgender health in recent years, and yet there are still many unanswered questions.
“Before trans health care was politicized, it was invisible,” Stroumsa said. “We have one or two robust studies on cardiovascular disease on trans women, but we don’t know the long-term risks, because we don’t have the data from people [on hormone replacement therapy] for 20, 30 or 40 years.” When her patients ask which is better — estrogen pills, injections or patches — Stroumsa said she has to tell them she doesn’t know.
“I can extrapolate from hormone we give cisgender women, but I owe them better answers,” she said.
Still, she added, when people get their hormones from unsanctioned sources, they miss out on a chance to interact with knowledgeable medical providers. “Access to hormones can be a doorway to better care on a range of issues, from overall wellness to HIV/STDs,” Stroumsa said.
Gentili would like to see all trans people go to licensed health care providers for their transition care, too. But, she added, it’s up to the medical community to bridge the divide.
“It’s a cycle: If you’re treated like s— by [by your doctors], you don’t go see them, and you start to treat yourself like s—,” she said. “But if you’re affirmed by your providers, you’ll not just go to the doctor you’ll follow up on referrals and tests and everything. You’ll engage with the medical community.”
John Auten-Schneider and David Auten-Schneider came out about their finances about two years after they started dating.
The conversation started while they were looking to buy land in Winter Park, Colorado, to build a weekend home. As they planned, they realized they couldn’t afford to buy land, purchase an existing home or even rent there.
Together, they had more than $50,000 in debt, even though they had more than 15 years of combined experience in financial services at the time.
“It kicked off a conversation of, ‘Why do we know so much and are doing so little?’” John said.
John and David Auten-Schneider on their wedding day. The couple married after more than 13 years together.Studio Lemus
The couple realized that growing up gay in communities that didn’t accept them played a part.
“We were using money to make ourselves feel better from the past,” said John, adding that it was also a tool to fit in once they did find the gay community.
Once they addressed those issues and envisioned the future they wanted — a comfortable retirement, means to travel and the ability to give back — they were able to pay off their debt and work toward other goals. They also established protections for each other, such as creating a trust and having health care proxy forms, to solidify their family.
It also brought about a career change. In 2015, the couple started Debt Free Guys, a personal finance site. A year later, they also launched Queer Money, a podcast about financial issues in the LGBTQ community.
They got married in 2017, after more than 13 years together. While they’d already taken steps to be recognized legally as partners, marriage brought further benefits such as tax breaks by filing jointly, survivor rights and access to spousal Social Security benefits if one were to die.
Having a handle on finances is important for LGBTQ individuals, as many start off behind their non-LGBTQ peers. Some may not have had supportive families and incur more debt for education, can face discrimination in the workplace, may need to protect financial assets from family and may experience higher costs associated with family building.
“Putting money aside is going to give you freedoms that a lot of folks don’t have, especially LGBTQ folks,” said John. “The more money you have for your own self and security, the more money and time and energy you can give back to the community.”
Marriage brings benefits and responsibilities
LGBTQ people also face a shifting legal landscape that can add steps in financial and family planning. It was legal to fire someone for being gay or transgender in some states until this year, and LGBTQ couples were only granted the right to legally marry in 2015.
“When you’re married it’s a different set of structures for planning the major issues,” said certified planner Jennifer Hatch, president of Christopher Street Financial, which specializes in LGBTQ finance.
“By marrying someone you become their next of kin — that is very important if people have very little family or hostile family,” Hatch said.
Marriage also brings about certain responsibilities, because you’re bound to your partner legally said Hatch. If you’re not married there are things you should do to make sure you protect each other in the event of death, disability or divorce.
As unromantic as those things are, they’re important to plan for, Hatch said, especially for LGBTQ newlyweds that tend to be older than non-LGBTQ peers when they enter a marriage and bring in more assets and potentially children.
Hatch recommends couples have detailed plans for what should happen in the event of death or disability which include medical proxy forms and account access information. In the event of divorce, Hatch says that couples can draw up a pre- or post- nuptial agreement that spells out how assets should be divided and addresses spousal support.
Those documents basically say despite the law, this is how we’re going to manage the relationship, she said.
The price of parenthood is high
LGBTQ people also have a lot of planning to do around building families, which is on the rise in the community. Nearly 80 percent of LGBTQ people aged 18 to 35 are already parents or are thinking about having children, a 44 percent increase over older generations, according to a 2018 survey from Family Equality, a nonprofit organization that aims to advance the rights of LGBTQ families.
The path to parenthood can be costly and require careful planning as many LGBTQ families plan to expand through foster care, adoption and assisted reproduction technology, according to the survey.
Jess Venable-Novak and their partner, Dory, are in the middle of family planning. The couple married in a small wedding in November 2019 after starting the process of having a sibling for their 7-year-old daughter, Dottie.
“The few gifts we did get for getting married we put right into a savings account for a fertility journey,” said Venable-Novak, who is nonbinary and uses “they” pronouns. The couple has since put any extra money in the same account, such as their tax refund and Covid-19 stimulus checks. Their parents have also helped with expenses.
Jess Venable-Novak and their partner, Dory, have spent more than $15,000 so far in the process of getting pregnant with their second child – a sibling for daughter Dottie.Courtesy Jess Venable-Novak
So far, the Venable-Novaks have spent upwards of $15,000 out of pocket and are not yet pregnant.
“We weren’t anticipating spending this much money when we started,” said Venable-Novak, family engagement manager for Family Equality.
The original plan was for Dory, who will carry the baby, to get pregnant through a process called intrauterine insemination. But after five unsuccessful procedures that cost about $7,000, the family switched to in vitro fertilization, or IVF, which is more expensive.
There are other expenses that the family is saving for at the same time. The couple is working on putting away $6,000 so Dory can take 12 weeks off work after giving birth. Her job only guarantees five weeks of family medical leave with short-term disability pay and the couple is budgeting for legal fees and paperwork for second-parent adoption.
Even though the couple lives in Vermont, where they can both be listed on the baby’s birth certificate, Jess will have to legally adopt the baby to make sure they are recognized as a parent in other states.
They’re also balancing trying to get pregnant with other financial goals, including paying off credit card bills, student loan debt and looking to move.
Deciding to expand their family forced them to take a hard look at finances and talk about their goals, said Venable-Novak. “That was a moment of re-setting and reevaluating,” they said.
The benefits of being financially prepared
There are resources available to help LGBTQ people with financial planning and building a family. Many employers offer benefits for employees looking to create families, such as help with the adoption process, coverage for some fertility treatments or surrogacy fees and paid leave for both primary and secondary parents.
Others offer financial planning help, such as access to advisors or attorneys. John and David were able to see an attorney who helped them with legal documents before they were married by accessing a workplace benefit.
Same-sex couples can also forge their own path when it comes to money and family, as they generally don’t feel pressured to adhere to typical gender roles and are able to be on more equal footing when it comes to a relationship.
“You don’t have to imitate your parents and merge everything,” said Hatch, adding that she recommends a yours, mine and ours approach to finances. For many families, this means having a system that works for them and their unique needs.
Gay Rep. Ryan Fecteau is set to become speaker of the Maine House of Representatives.
Democrats nominated Fecteau as speaker Thursday, and because they hold a majority in the House, he is “all but assured” of election to the position when the House votes in December, the Portland Press Herald reports. He will be the first out member of the LGBTQ+ community to be Maine speaker and one of about two dozen to have held such leadership positions nationwide. Also, at age 28, he will be the youngest speaker of the House in Maine history.
“The speaker controls the flow of action on the floor, sets the agenda and can have sway over which bills are brought to a vote or not,” the Press Herald notes. The person in that role is often a prominent player in budget negotiations between the legislature and the governor, the paper adds.
Fecteau, who was just elected to a fourth term in the House, was the lead sponsor of Maine’s bill barring licensed professionals from subjecting minors to so-called conversion therapy, the discredited and harmful practice aimed at turning LGBTQ+ people straight or cisgender. The legislature passed it in 2019 and Gov. Janet Mills signed it into law.
The grandson of French-Canadian immigrants and the son of a single mother, Fecteau grew up in low-income housing and became the first member of his family to graduate from college. Public education was key in shaping his life, he told fellow lawmakers Thursday.
“I’m filled with hope and determination because when Democrats lead, people who are too often forgotten or left at the margins are seen, they are valued and given a fair shot,” he said, according to the Press Herald. “Policymakers like you saw value and gave families like mine a fair shot. I’m a Democrat because we believe in families like mine who come to Maine for a better life. We believe in people who may not look like us or speak the same language or practice the same religion.”
He is finishing a stint as assistant majority leader in the House, serving with Majority Leader Matt Moonen, also a gay man, making them “the first openly gay legislative leadership duo in U.S. history,” the Press Herald reports.
As speaker, he will succeed Sara Gideon, who ran for U.S. Senate against Republican incumbent Susan Collins but lost. “Working alongside him the past years allowed me to witness his natural leadership capabilities and his dedication to the people of Maine,” Gideon said regarding Fecteau. “I wish him every success as he takes on this new role.”
“Rep. Ryan Fecteau’s elevation to be Maine’s first out speaker of the House shatters a lavender ceiling in the Pine Tree State,” Elliot Imse, senior director of communications at the LGBTQ Victory Institute, told The Advocate via email. “During his past three terms, Rep. Fecteau has highlighted LGBTQ issues, leading the charge to ban conversion therapy in the state and providing a shining example of LGBTQ leadership for young people. We are excited to see what changes a qualified LGBTQ voice will make in this role and wish Speaker Fecteau the absolute best of luck during his term.”
Supreme Court Justice Samuel Alito delivered an unusually inflammatory public speech Thursday night, starkly warning about the threats he contends religious believers face from advocates for gay and abortion rights, as well as public officials responding to the coronavirus pandemic.
Speaking to a virtual conference of conservative lawyers, the George W. Bush appointee made no direct comment on the recent election, the political crisis relating to President Donald Trump’s refusal to acknowledge his defeat or litigation on the issue pending at the Supreme Court.
However, Alito didn’t hold back on other controversial subjects, even suggesting that the pressure Christians face surrounding their religious beliefs is akin to the strictures the U.S. placed on Germany and Japan after World War II.
Alito abandoned any pretense of impartiality in his speech, a grievance-laden tirade against Democrats, the progressive movement, and the United States’ response to the COVID-19 pandemic. Alito’s targets included COVID-related restrictions, same-sex marriage, abortion, Plan B, the contraceptive mandate, LGBTQ non-discrimination laws, and five sitting Democratic senators.
Ironically, Alito began his pre-recorded address by condemning an effort by the U.S. Judicial Conference to forbid federal judges from being members of the Federalist Society. He then praised, by name, the four judges who spearheaded a successful effort to defeat the ban—or, as Alito put it, who “stood up to an attempt to hobble the debate that the Federalist Society fosters.”
Shevrin Jones feels good. In fact, he said, he feels great after easily winning election last week to become Florida’s first LGBTQ state senator.
Jones said the election of so many lesbian, gay, bisexual, transgender and queer people across the country this election cycle “is a direct pushback on the hatred and bigotry over the last four years,” citing the Trump administration’s rhetoric against immigrants, people of color and the LGBTQ community.
“This is a win for all of us,” said Jones, who previously served in the Florida House of Representatives.
Shevrin Jones.Greg Reed Photography
Jones was among a record number of openly LGBTQ candidates on general election ballots last week. The LGBTQ Victory Fund, a national organization that trains, supports and advocates for queer candidates, puts that number at approximately 574, and NBC News’ review of their data, state election results and local reports found that more than 220 of these candidates have already claimed victory, with dozens of contests yet to be called.
The fund estimated that in 2018, there were approximately 432 openly LGBTQ candidates on general election ballots, with 244 winning their races. This year, they expect the total number of wins to surpass this number.
While there is power in numbers, Andrew Reynolds, a Princeton researcher who has been studying LGBTQ political representation, cautioned against putting too much emphasis on overall numbers.
“The really exciting thing about the election was not the increase — it was who is getting elected,” he said, pointing to victories by queer women, people of color and transgender candidates across the nation.
“You are seeing a different type of voice emerging,” Reynolds said.
Congressional firsts
Twenty-six openly LGBTQ candidates for U.S. Senate or House were on the November ballot — the most in U.S. history. Even with one gay incumbent’s House race yet to be called, LGBTQ representation in Congress will hit an all-time high next session.
Two nonincumbent LGBTQ victors, both progressive Democrats, easily won their races. If all incumbents win, as is expected, it will increase LGBTQ representation in the House to nine, from seven, with 11 total LGBTQ people in Congress.
Mondaire Jones, an attorney, and New York City Council member Ritchie Torres handily won their races for New York’s 17th and 15th Congressional Districts, respectively, becoming the first openly gay Black candidates elected to Congress.
“Mondaire and Ritchie have shattered a rainbow ceiling and will bring unique perspectives based on lived experiences never before represented in the U.S. Congress,” Annise Parker, president and CEO of the LGBTQ Victory Fund, said in a statement. “As our nation grapples with racism, police brutality and a pandemic that disproportionately affects people of color and LGBTQ people, these are the voices that can pull us from the brink and toward a more united and fair society.”
Six of the seven LGBTQ representatives currently serving in the House, all Democrats, have already won re-election: David Cicilline of Rhode Island; Chris Pappas of New Hampshire; Mark Pocan of Wisconsin; Angie Craig of Minnesota; Mark Takano of California; and Sharice Davids of Kansas. The seventh, Sean Patrick Maloney of New York, was leading his Republican opponent by nearly 3 percentagepoints as of Thursday with 78 percent of votes in.
There are two LGBTQ U.S. senators — Tammy Baldwin of Wisconsin and Kyrsten Sinema of Arizona, both Democrats, neither of whom was up for re-election.
While an increase of two seats in the House is record-setting for LGBTQ representation in Congress, it was not the big boost advocates had hoped for. One particularly close race was the contest for Texas’ 23rd Congressional District, which out lesbian Gina Ortiz Jones lost by 3 percentage points.
“It’s all about turnout,” Don Haider-Markel, a political science professor at the University of Kansas, said. “Given the pattern over the whole night, I’m not surprised they didn’t make the inroads they thought they would. It looks like in 2020, Republicans were able to turn out their base in ways that blunted the gains Democrats, and LGBTQ candidates, could make.”
The LGBTQ Victory fund estimates that at least 90 percent of queer candidates on this year’s general election ballots were running as Democrats.
Historical state inroads
The picture is even brighter in state legislatures across the country, where a record-breaking number of more than 240 LGBTQ candidates were on the general election ballot. As of Thursday, at least 124 of these candidates had won their races, approximately three dozen of them nonincumbents. There are still a number of state legislative races with LGBTQ candidates that still have not yet been called.
“LGBTQ candidates made historic inroads in state legislatures across the country, winning in states and chambers where we never have before,” Parker said in a statement. “Trans candidates in particular had unprecedented victories, including electing our first trans state senator and almost doubling the number of trans state legislators. These down-ballot victories reflect where America stands on the inclusion of LGBTQ people in our nation’s politics and each one represents an important step forward on the march toward equality.”
Transgender activist Sarah McBride in Claymont, Del., Tuesday, Sept. 15, 2020.Jason Minto / AP
Prior to Election Day, five states — Alaska, Delaware, Louisiana, Mississippi and Tennessee — had never elected an openly LGBTQ state legislator.
Delaware leaves the list following the election wins of Sarah McBrideto the state Senate and Eric Morrison and Marie Pinkney to the state House. McBride’s win also makes her the first transgender person elected to any state Senate in the U.S.
Tennessee will also leave the list after electing its first two out state legislators — one on each side of the political aisle. Bisexual Democrat Torrey Harris and gay Republican Eddie Mannis both won seats in the state House.
Haider-Markel said Mannis’ victory is relatively unusual, as the “Republican Party has still not been that welcoming to LGBT folks.” However, Mannis will join several GOP lawmakers who won re-election last week, including Tom Hannegan of Missouri, Jason Elliot of South Carolina and Dan Zwonitzer of Wyoming, who has played a vital role in preventing the passage of anti-LGBTQ legislation in that state.
Alaska could join Delaware and Tennessee in making political history: Out lesbian Lyn Franks is in a race for a seat in the Alaska House of Representatives that is still too close to call.
“It’s really just a matter of time before you see LGBTQ representation in every state,” Haider-Markel said. “Every state has districts that are amenable to Democrats and therefore to LGBTQ candidates.”
He said LGBTQ candidates continue to win local offices and gain the political experience that allows them to run for higher office.
“The gap is really closing,” he said.
Historic wins for Black LGBTQ candidates
This year’s LGBTQ candidate pool was more racially diverse than ever. In addition to Torres and Jones in Congress in New York, many Black queer candidates had historic wins at the state level.
In Florida, along with Shevrin Jones in the Senate, Michele Rayner became the first Black queer woman elected to the Florida state House.
Parker said she hopes these wins “inspire more Black LGBTQ leaders to step up and run themselves.”
“The politics of division and hatred failed in this race and gave way to a government that is more representative of the people it serves,” she said in a statement.
Kim Jackson, Democratic candidate for Georgia State Senate District 41.Cindy M. Brown / Kim Jackson Campaign
In Georgia, out lesbian Kim Jackson made history when she won her race for state Senate, becoming the first LGBTQ person elected to that chamber.
Tiara Mack in Rhode Island and Marie Pinkney in Delaware also won their races, making major inroads for Black LGBTQ women across the U.S.
Jabari Brisport won his race and will become the first openly LGBTQ person of color elected to New York’s state Legislature.
Prior to Election Day, there were just 42 openly LGBTQ state legislators of color serving nationwide, only 13 of them Black.
Regarding the diversity of LGBTQ candidates, Haider-Markel said: “It’s the same pattern we are seeing with the Democratic Party writ large. Democrats are running the kinds of candidates that reflect the Democratic base, which is a very diverse base.”
In addition to McBride’s win in Delaware, Taylor Small won her race for the Vermont state House, becoming the first out transgender person ever elected to that state’s Legislature.
Stephanie Byers of Kansas won her election, becoming the first out transgender person ever elected to the Kansas state House and the first out trans person of color ever elected to a state legislature in the U.S.
Educator of the Year honoree Stephanie Byers accepts her award at the GLSEN 2018 Respect Awards at Cipriani 42nd Street in New York on May 21, 2018.Dia Dipasupil / Getty Images for GLSEN file
Incumbent transgender state legislators Lisa Bunker and Gerri Cannon in New Hampshire and Brianna Titone in Colorado, all won their races.
These victories take transgender representation at the state level from four to seven.
Danica Roem, who became the first openly transgender legislator anywhere in the country in 2017, congratulated the winners on social media.
“Before I ran in ’17, we had no out trans state legislators. In ’21, we’ll have 7,” she tweeted.
Mauree Turner won their race for the Oklahoma state House and became the first openly nonbinary person ever elected to a state legislature in the United States.
Joshua Query, running for re-election to the New Hampshire state House, will be the first openly gender-nonconforming person elected to a state legislature. Query did not run openly as gender-nonconforming when they first won in 2018.
Local milestones
At the local level, LGBTQ candidates achieved important milestones as well. Todd Gloria won his election for Mayor of San Diego, becoming the first out LGBTQ person elected mayor of that city.
Last month in Alaska, Austin Quinn-Davidson became the first openly LGBTQ mayor in Anchorage when the incumbent resigned.
Charmaine McGuffey will be the first LGBTQ person and first woman to serve as sheriff of Hamilton County, Ohio.Courtesy Charmaine McGuffey
While last week’s victories for lesbian, gay, bisexual, transgender and queer candidates have increased representation across the U.S., just a fraction of a percent of the country’s roughly half million elected officials are LGBTQ, according to the LGBTQ Victory Fund.
On the federal level, LGBTQ representation in Congress stands higher, at about 1.7 percent, and that number is expected to increase to 2 percent in January once Mondaire Jones and Ritchie Torres are seated. At the state level, Reynolds of Princeton estimates the current percentage sits at 2.1 percent and will increase to 2.2 percent once all of this year’s election winners are seated — an increase he refers to not as a “rainbow wave” but as a rainbow “splash.”
With LGBTQ people making up an estimated 5 percent of the U.S. population, the Victory Fund estimates we would need to elect 22,000 more lesbian, gay, bisexual, transgender and queer elected officials to achieve “equitable representation.”
“I truly believe when we all have a seat at the table and everyone is represented,” Shevrin Jones said, “it makes our nation better.”
Adrian Tam, a 28-year-old gay Asian American son of immigrants, defeated a leader of the Hawaii chapter of the Proud Boys, a far-right extremist group, to become the only openly LGBTQ person in Hawaii’s Legislature.
Tam, a first-time candidate, took 63 percent of the vote against Nicholas Ochs.
“It feels really good to know that someone who is openly LGBT can win,” Tam told NBC Asian America. “There was a time when people like me could not win. I’m glad that I can bring that representation to the capital.”
Tam described what was a nerve-wracking election season, from trying to connect with voters amid coronavirus, to narrowly taking down longtime incumbent Tom Brower in the August Democratic primary, to facing an overwhelming amount of hate from Ochs and his supporters in the general election.
“It’s almost to a harassment level,” Tam said, noting that Ochs’ supporters bombarded his campaign’s social media to the point where the messages from his own voters were drowned out.
Ochs told NBC News he also faced harassing messages from Tam’s supporters and that he was disappointed the two didn’t get a chance to debate. He said that he is not racist.
Ochs’ campaign page was removed by Facebook in September for posts that violated the platform’s terms of service and community standards, local station KITV reported. He has been criticized in the past for offensive posts toward Black, Jewish and LGBT communities. Facebook did not respond to NBC News’ request for comment.
Tam said part of his job now is to serve even those who directed hate toward him and his allies.
“I wanted our community to come together,” he said. “I wanted to let everyone know that I’m a public servant that will work with everyone. My office door will always be open to them and their families.”
Tam’s agenda includes recovery from the coronavirus pandemic, strengthening the nontourism economy and improving resources for the homeless. Hawaii has the third-highest rate of homelessness in the country, according to a 2019 study, and Tam says the problem is especially prevalent in his district.
“We needed new leadership,” Tam said. “It was time for change, and I wanted to step up to the plate.”
Annise Parker, president of the LGBTQ Victory Fund, a political action committee that supports LGBTQ people running for office, said that when there are no LGBTQ elected officials in a state, “it has consequences, both in policy and how young LGBTQ people view themselves.”
“Adrian will ensure LGBTQ people are considered and prioritized in the state capitol and will inspire more LGBTQ people to run and serve,” Parker said in a statement.
Tam reflected on the record number of LGBTQ and people of color elected to local and national government across the U.S.
“I’m glad that our Congress is slowly coming together and starting to look like the population of America,” he said.
Kimberly Jackson, an Episcopal church leader in Atlanta, made history last week when she was the first Black lesbian elected to Georgia’s state Senate. She was excited about winning — and doing so with 80 percent of the vote — as well as making history. Then her election win got even sweeter.
Shortly after Election Day, a constituent approached Jackson at the gym and informed her that part of her district intersects with one represented by Karla Drenner, Georgia’s first openly gay state representative, who has been in the state House of Representatives for nearly 20 years.
“People are excited about that,” Jackson told NBC News shortly after Election Day. “I’m also incredibly humbled and really grateful for the people of District 41 for trusting me to do this work.”
Kim Jackson, Democratic candidate for Georgia State Senate District 41.Cindy M. Brown / Kim Jackson Campaign
Jackson’s victory was one of many for queer people of color last week, and that her district overlaps with Drenner’s underscores the increasing LGBTQ representation being seen across the country.
Jackson was one of at least 40 lesbian, gay, bisexual, transgender and queer people of color who won elections in state legislatures last week, and one of at least 16 nonincumbents. Their wins will bring LGBTQ representation in state legislatures to more than 150, for now, with only Louisiana, Mississippi and Alaska having never elected an out state representative (though there are currently three uncalled Alaska races that could change that), according to the LGBTQ Victory Fund.
Jackson told NBC News that she expects to draw experience from the LGBTQ Caucus in the Georgia House of Representatives, and expects her election to have tangible change in the state Senate. She said that by just being elected, it could help reduce the number of anti-LGBTQ pieces of legislation that get introduced, since lawmakers will have to debate Jackson’s rights to her face.
“I’m a firm believer of everyone being represented at the table.”
SHEVRIN JONES
She’s also keenly aware that her state is about to become the center of the political universe for the next two months as one of Georgia’s U.S. Senate races is going to a runoff on Jan. 5, and the other could also be headed for a runoff. The outcome could determine which party controls the Senate. Georgia is on track to vote for a Democratic candidate for president for the first time since 1992, and that statewide support will influence the 2021 legislative session in Atlanta, according to Jackson.
“What it means on a state legislative level is that Republicans know that we’re coming, and they’re going to have to learn how to work with us and how to have conversations with us,” Jackson said. “I think that the General Assembly already has some really good bipartisan work that takes place, but they’ll have to get more used to talking to Democrats, having to build relationships with people who most often don’t look like them, or love like them.”
In neighboring Florida, Shevrin Jones, 37, joined Kimberly Jackson in making political history. Jones, who had been serving in the Florida House of Representatives since 2012, was elected to and seated in the state Senate last week, making him the first LGBTQ representative in Florida’s Senate.
After his victory, Shevrin told NBC News he and his partner had bought a French bulldog puppy to celebrate, and he said he plans to hit the ground running in the state Senate introducing bills to help small businesses in minority communities survive Covid-19; help modernize the state’s unemployment system so constituents get the benefits they need; and work on overhauling police to build on calls for change sparked by protests this summer across the country.
“I’m a firm believer of everyone being represented at the table, and it is not to say that the current LGBTQ allies can’t speak up for us, or speak for me, but it’s better to have someone from the community at the table,” Jones said. “I can tell you from experience what it means to be discriminated against. I can tell you from experience my story, which can help … move, whether it’s legislation, whether it’s to move the agenda or a particular item.”
Jones, who said his victory “feels amazing,” will be joined in the Florida state Legislature by Michelle Rayner, who made history on Election Day as the first Black LGBTQ woman elected to the state House.
In the northeast, Tiara Mack made history as the first Black LGBTQ member elected to the Rhode Island State Senate. Mack told NBC News that she would introduce herself to residents in her district as: “Tiara Mack, a queer Black, formerly low-income educator and activist.”
“All of those identities are political, whether or not we see them,” said Mack, who unseated an incumbent who represented the district for 15 years.
Adrian Tam, candidate for Hawaii State House District 22.Courtesy Adrian Tam campaign via Facebook
In Hawaii, Adrian Tam became the first openly gay Asian American representative in the state, overcoming alleged harassment in the process. Tam’s opponent in the race was Nicholas Ochs, a leader of the local chapter of the far-right group Proud Boys.
Cisgender people of color were not the only ones to make gains in state legislatures. In Kansas and Oklahoma, trans and nonbinary people of color made history by being elected to their state’s legislature.
Mauree Turner, who is Black and Muslim, won a seat in the Oklahoma House of Representatives, becoming the first nonbinary person elected to any state’s legislature.
Stephanie Byers, a member of the Native American Chickasaw Nation, won a seat in the Kansas House of Representatives, becoming the first transgender woman of color elected to any state legislature in the U.S.
“We never know until we try, and we can step up there and make a difference,” Byers told NBC News when asked if she was surprised by her victory.
Two of Election Day’s biggest history-makers were Ritchie Torresand Mondaire Jones, both New York Democrats who became the first openly gay Black Americans every elected to Congress.
Torres, the youngest member of the New York City Council, won a deeply blue district in the Bronx with over 88 percent of the vote, while Jones was elected in a district just north of New York City with 54 percent of the vote, with 72 percent of ballots counted.
“Tonight we made history,” Torres tweeted on election night, calling it “the honor of a lifetime to represent a borough filled with essential workers who risked their lives so that New York City could live” during the pandemic.
Jones told NBC News he’s excited to serve in Congress along with Torres.
“He’s a tremendous candidate and a good friend,” he said. “This is a chance for us to be the role model we looked for growing up — for queer youth and especially queer youth of color.”
While the two men will be the first LGBTQ Black members of Congress, they won’t be the first people of color to serve. They’ll be joining Reps. Mark Takano, D-Calif, an Asian American who in 2012 became the first person of color to serve in Congress, and Sharice Davids, D-Kan., who in 2018 became the first openly gay Native American member of Congress.
On the local level, Todd Gloria, who is half Native American and part Filipino, Puerto Rican and Dutch, became the first LGBTQ person elected mayor of San Diego. The mayor-elect, who is currently a member of the California state Assembly, will soon join Chicago’s Lori Lightfoot as the only LGBTQ people of color holding mayorships in major U.S. cities.
“It is an uphill battle for LGBTQ people of color to be in a position to run for high-level office, much less win, so Todd’s victory is a pivotal moment for San Diego and the country,” former Houston Mayor Annise Parker, who is currently president and CEO of the LGBTQ Victory Fund, said in a statement. “Todd shattered a rainbow ceiling and is now the second-highest ranking LGBTQ mayor in the country. His voice and his impact on critical issues — and especially civil rights — will extend far beyond the boundaries of his city and state.”
Joe Biden’s presidency comes with many firsts, and as he took to the stage on Saturday night he added a new one: the first president-elect to mention trans people in his victory speech.
Addressing a jubilant crowd in his hometown of Wilmington, Delaware, the new president-elect declared it was now America’s “time to heal” and vowed to unify the nation once again.
He began by thanking “the broadest and most diverse coalition in history” for backing his campaign, including a shoutout to the LGBT+ community.
“I am proud of the campaign we built and ran. I am proud of the coalition we put together, the broadest and most diverse coalition in history,” he said.
Amid a chorus of cheers, applause and pumping car horns, he continued: “I mean it. Especially for those moments when this campaign was at its lowest ebb — the African-American community stood up again for me.
“They always have my back, and I’ll have yours. I said from the outset I wanted a campaign that represented America, and I think we did that. Now that’s what I want the administration to look like.”
Biden’s victory speech was a reassuring return to the professional, presidential rhetoric eschewed by Donald Trump, and a sign of his intention to be president to “all people” – including marginalised groups.
His words carried echoes of Barack Obama’s 2008 speech, which was the first time a president-elect had ever mentioned the gay community in an inaugural address.
And as Biden promised to usher in a new era of cooperation, he acknowledged the painful truth that “too many dreams have been deferred for too long” – a reference to the poem “A Dream Deferred” by Langston Hughes, a gay Black man.
“We must make the promise of the country real for everybody — no matter their race, their ethnicity, their faith, their identity, or their disability,” he said.
“We stand again at an inflection point. We have the opportunity to defeat despair and to build a nation of prosperity and purpose. We can do it. I know we can.”
One hundred years after the horrific events of the Harvard Secret Court, the United States still lacks federal discrimination protections that would have prevented this tragedy.
On May 23, 1920, Abbott Lawrence Lowell, then president of Harvard University, convened a clandestine, five-person tribunal that became known as the Harvard Secret Court of 1920. The charge? Eight students, a recent graduate, and an assistant professor were all suspected to be gay. The court destroyed the lives of those it tried. One hundred years after the horrific events of the Harvard Secret Court, the United States still lacks federal discrimination protections that would have prevented this tragedy.
The story of the Harvard Secret Court starts with the tragic suicide of Cyril Wilcox, an undergraduate student at Harvard, who shortly before his death acknowledged his homosexuality to his brother, George. Steeped in grief and blaming Cyril’s homosexuality for his death, George used letters that had been written to Cyril by several of his companions at Harvard to convince Acting Dean Chester Noyes Greenough to investigate homosexuality at the school. Shortly after, the Secret Court was born.
“Have you ever participated in unnatural acts with a man,” asked the court. The students implicated in the affair were called in one by one and accused of participating in homosexual activities before being expelled. Among the victims was Windsor Hosmer, a graduate business student who had interrupted his undergraduate studies at Harvard to serve in the Ambulance Corps with the French Army in World War I; Ernest Roberts, a World War I veteran who hoped to be a doctor; and Eugene Cummings, a gifted dentistry student who took his own life shortly after being expelled.
Stories such as the one of the Harvard Secret Court might seem to belong in a dark history we left behind, but that could not be further from the truth. Earlier this summer, Union University in Tennessee rescinded a student’s admission to the school after administrators learned he was gay. Campus Pride has compiled a list of schools that openly discriminate against LGBTQ people. Some universities, like Liberty University in Virginia, even subject suspected LGBTQ students to the harmful practice of so-called “conversion therapy,” which seeks to change a person’s sexual orientation.
According to The Trevor Project’s 2020 National Survey of LGBTQ Youth Mental Health, LGBTQ young people face mental health disparities and significantly high rates of attempting suicide. Discrimination experienced at school contributes to these problems. The survey found that 61% percent of transgender and nonbinary youth report being prevented or discouraged from using a bathroom that corresponds with their gender identity at their school.
This must change. The Equality Act would prohibit discrimination based on sex, sexual orientation, and gender identity in a wide variety of areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. After the Act passed the House of Representatives in 2019, President Trump announced that he would not support the bill. It is unconscionable that such protections are still not in place today. The Equality Act must be passed now.
Although the White House states that it opposes LGBTQ discrimination and that it only refuses to sign the Equality Act because it infringes on “parental and conscience rights,” its policies tell a different story. Since he came into power, President Trump has rescinded Department of Education guidance encouraging LGBTQ students to use the bathroom that aligns with their gender identity, has banned transgender people from serving in the military and has even defended people who fired their employees simply for being gay at the Supreme Court. The Trump administration’s empty declaration of standing against LGTBQ discrimination while actively engaging in such discrimination is a perfect example of the Orwellian ways that LGBTQ bigotry hides and thrives today.
We must meet the challenge that history is presenting us and elect a president that will sign the Equality Act, which Joe Biden has promised to do. In the centennial of the Harvard Secret Court of 1920, let us remember the court’s victims, their unjustified pain and suffering, and honor them by casting our votes for leaders who will finally implement policies putting an era of such damaging discrimination behind us.
Diego Garcia Blum is student body president at Harvard Kennedy School, the Policy Chair for Secret Court 100, and a member of the National Board of Governors of the Human Rights Campaign.
