An appellate court deciding Hobby Lobby violated Illinois anti-discrimination law by denying a transgender employee access to the women’s restroom could have nationwide implications, experts say.
Meggan Sommerville, a trans woman who has worked at a Hobby Lobby location in Aurora for more than 20 years, has been denied access to the store’s women’s room since transitioning at work in 2010. As a result, she has had anxiety and recurring nightmares and has been forced to limit her fluid intake, according to filings.
On Friday, the Illinois 2nd District Appellate Court upheld a lower court decision that determined the crafts chain violated the Illinois Human Rights Act both as an employer and as a place of public accommodation.
“Sommerville is female, just like the women who are permitted to use the women’s bathroom,” the three-judge panel said in its decision. “The only reason that Sommerville is barred from using the women’s bathroom is that she is a transgender woman.”
The ruling is one of first impression, meaning it presents a legal issue that has never been decided in the court’s jurisdiction.
“They stuck to the law,” Sommerville, 51, told Forbes. “This is a precedent-setting case in Illinois, because the Human Rights Act has never been tested in this way in Illinois, and actually in the country.”
Jim Bennett, director of the Illinois Department of Human Rights, said the decision underscored that trans people in the state “have strong protection from discrimination.”
“Ms. Sommerville’s experience of discrimination is certainly not unique, as too many of our transgender friends and neighbors continue to face acts of discrimination and hate,” Bennett said in a statement. “With this decision, the IDHR has been given a clear path to enforce the Commission’s orders concerning the rights of trans persons.”
Jacob Meister, who represented Sommerville, went further, telling Bloomberg Law the decision had national implications and will “start the process of courts around the country addressing the issue of bathroom access.”
Camilla Taylor, litigation director for the LGBTQ legal advocacy group Lambda Legal, agrees the ruling could have a broad impact in a variety of areas and jurisdictions.
“I think other states will generally be able cite this ruling, because of how sweeping it is,” Taylor said. “This is not limited to employment. This is the public policy of the state of Illinois. The court went out of its way to knock down every justification for treating trans people differently in public. It made it clear there’s no justification.”
While the Supreme Court’s 2020 decision in Bostock v. Clayton County, Georgia, determined discrimination based on sex includes sexual orientation and gender identity, it didn’t address access to sex-segregated facilities, services or sports teams.
“You can’t argue it’s not sex discrimination to deny someone access to a bathroom or a locker room,” Taylor said.
Not only could the ruling be used by opponents of so-called bathroom bills, she added, it could be relevant to the legal fight against legislation prohibiting transgender girls from playing on female sports teams.
“It will have big ramifications in all kinds of aspects of life — in education, in business, in gyms and sports,” Taylor said. “It’s indicative of applying nondiscrimination principles to sex-segregated areas. It makes clear that gender identity determines sex.”
Hobby Lobby could appeal the ruling to the Illinois Supreme Court and theoretically take it all the way to the U.S. Supreme Court. Attorney Whitman Brisky, who represented the company, did not immediately reply to a request for comment.
The 2021 legislative session has set a record for anti-transgender bills, according the Human Rights Campaign, an LGBTQ advocacy group: Nearly 70 measures were introduced in at least 30 states that would prohibit trans youth from participating in sports consistent with their gender identity, and at least 15 bills were introduced that would bar trans people from accessing the restrooms or locker rooms that align with their gender identity.
The judicial branch, however, has been more supportive: In addition to Bostock, the Supreme Court in June declined to review a 4th U.S. Circuit Court of Appeals decision that ruled transgender student Gavin Grimm had a constitutional right to use the boys’ restroom at his Virginia school.
The lower court ruled that policies barring transgender students from restrooms that match their gender identity violate the equal protection clause of the 14th Amendment and Title IX of the Education Amendments of 1972.
Yorje Pérez Moreno traveled thousands of miles from Venezuela to reach Nuevo Laredo, Mexico, leaving his family, friends and studies, as he fled the violence of state security forces who allegedly persecuted him for participating in anti-government protests.
“My dream was to finish college, but they wouldn’t let me. They beat me, chased me and threatened to imprison me, that’s why I had to leave,” Pérez Moreno, 23, said.
He said that in early August, when he was finally a few miles from the U.S. border, he took a taxi with a friend who accompanied him to request asylum at the border. “You’re not from here. You are Venezuelan and you come to ask for asylum, right?” he said the driver asked, without giving him time to ask for help, locked the car doors and began to drive around the city while making calls to other people and asking for money.
Pérez Moreno said he and his friend panicked and paid more than $600 to be released from the car to avoid being taken and confined to “safe houses” where drug cartels hold people they kidnap at the border. After being extorted, he said, he changed hotels to avoid being found by others looking to exploit migrants.
The next day he crossed the border bridge to request asylum. He said that despite explaining what he suffered, he was returned to Mexico by U.S. immigration authorities. “We live in fear because it is a very corrupt area. All the people tell you that the cartels impose the rules, the narco is the law,” Pérez Moreno said with dismay.
In a new report, the Washington-based organization Human Rights First has registered 6,356 violent attacks against migrants in Mexico since January. These include rape, kidnapping, extortion, human trafficking and other assaults against migrants who were deported to Mexico or people who were prevented from seeking asylum at the U.S. border under Title 42, a health ordinance implemented during the coronavirus pandemic.
An Indigenous man from Honduras reported that he was kidnapped and separated from his 5-year-old son after being expelled to Reynosa, Mexico. A Salvadoran woman and her 7-year-old son were also allegedly kidnapped in Reynosa. A Guatemalan migrant was allegedly raped in Ciudad Juárez, after U.S. authorities returned her to that city with her 5-year-old daughter.
“Since most people do not make complaints to the authorities, we believe that this is a minimal figure of what is happening at the border,” Ana Ortega Villegas, a lawyer and researcher at Human Rights First, said in an interview with Noticias Telemundo.
The report warns that almost 83 percent of asylum-seekers who were returned to Mexico reported having suffered attacks or threats in the last month, according to data from the survey conducted from mid-June to mid-August.
The document is based on interviews with asylum-seekers, surveys applied to migrants, press reports and information provided by lawyers and humanitarian aid groups.
The Mexican interior ministry and Mexico’s National Institute of Immigration did not respond to requests for comment on the report.
According to the researchers, the extensive control exercised by the cartels in vast swaths of the territory and the complicity of the Mexican authorities are evidence that U.S. policies that force asylum-seekers to wait in Mexico or require an initial exemption or other processing there country put migrants, lawyers and humanitarian groups at risk.
In the last two months, Human Rights First helped 69 migrants in Tijuana, in the Mexican state of Baja California, and Piedras Negras, in the state of Coahuila, to apply for humanitarian visas. Sixty-two percent of them reported having been kidnapped in Mexico, and almost 19 percent said they had suffered sexual assaults in those Mexican cities.
Most LGBTQ migrants attacked or threatened
Research data reveals that 89 percent of people from the LGBTQ community who participated in the surveys were attacked or received threats recently.
A Honduran woman, a member of the LGBTQ community, told investigators that she was raped and assaulted in Ciudad Acuña, a Mexican town on the border with Del Rio, Texas. “She had a broken arm, and many bruises on her face and stomach. Something that moved us a lot was that she told us that she never imagined that the violence and discrimination from which she had been fleeing would accompany her to the border,” Ortega said.
In each section of the investigation, there are many complaints from migrants who were alleged victims of cartels and other criminal groups in Mexican cities. In addition, the researchers warn about the increase in the number of people living in makeshift camps in cities such as Tijuana, Matamoros and Reynosa, where a camp in the central square of the city houses thousands of migrants.
At the end of June, the organization published a report in which it registered 3,300 violent incidents, so the new figure shows a 95 percent increase in these attacks.
Eunice Rendón, an academic and international consultant on migration issues, who did not participate in the research, agrees with the report’s findings. She has seen the effects of migrant returns closely because she studies the flow of people in regions such as Ciudad Juárez.
Aside from the violence many migrants experience, what is being experienced in the shelters in Ciudad Juárez is that close to 20 percent of migrants who are being returned to Mexico after they’ve sought asylum or tried to enter the U.S. are infected with Covid-19, she said.
This decision means that U.S. authorities will have to resume the practice of returning asylum-seekers at the border to Mexico, while they wait for their cases to be processed in American immigration courts.
President Joe Biden suspended the Migrant Protection Protocols (the formal name of the program) during his first day in office, and the Department of Homeland Security assured that it would finalize it in June, according to court documents.
Recently, more than 70 organizations from Mexico and the U.S. signed an open letter asking Mexican President Andrés Manuel López Obrador to oppose the reinstatement of that program.
It is estimated that more than 70,000 migrants — mostly Central Americans, but also Cubans, Venezuelans and other nationalities — were returned to Mexico by the Trump administration during the implementation of this program in 2019.
“Like the Title 42 expulsion policy, the ‘Remain in Mexico’ program … cannot be carried out legally or humanely and will only increase the danger to those seeking safety in the United States. That will lead to more kidnappings, assaults, torture and other violent attacks,” said Kennji Kizuka, associate director of research and analysis at Human Rights First.
“I want to live in a place where I don’t feel like my life is in danger. Meanwhile, I have to endure and be patient,” Pérez Moreno said in a shelter in Nuevo Laredo.
A Moscow man was abducted and taken to Chechnya where he was interrogated for information on LGBT+ activists, the Russian LGBT Network reports.
On Wednesday (25 August), the group said that a Dagestan native named Ibragim Selimkhanov was approached by four Chechen-speaking men near a subway station in the city’s Novogireyevo District on 15 May.
The men, who were wearing civilian clothes, forced him into a car and took his passport, phone and apartment keys. He was driven to the airport and ordered onto a plane which took him to the Chechen capital of Grozny.
On arrival he was handed over to the local police, who reportedly threatened and exerted psychological pressure on him while seeking the information about the emergency assistance programme run by the Russian LGBT Network, Radio Free Europe said.
The group provides a vital lifeline to the LGBT+ community in the North Caucasus, a region notorious for persecuting queer people as part of a horrifying “gay purge”.
Chechen officials deny that any LGBT+ people exist there, let alone a gay purge; however, their claims are countered by dozens of harrowing reportsfrom refugees who have been imprisoned, beaten, tortured and seen others killed in gay concentration camps.
After a few days in custody Selimkhanov was freed by his captors and taken to his mother, who lives in Grozy.
He remained under permanent surveillance by Chechen authorities but managed to quietly leave the house and escape to Moscow, where he filed a complaint with police.
According to the Caucasian Knot, a news outlet that covers the Caucasus region, the Investigating Committee of the Russian Federation refused to investigate his complaint.
A similar ordeal was reported in May this year when officials detained and interrogated the family of two gay brothers who fled the region.
20 of the brothers’ relatives were held in the village of Komsomolskoye in the Urus-Martan district of Chechnya and were interrogated for hours about the whereabouts of the men and their parents, according to local media reports.
As the nation battles new variants of the Covid-19 virus, LGBTQ Americans have felt the economic brunt of the pandemic harder than the general public, according to a new report from the U.S. Census Bureau.
It found 19.8 percent of lesbian, gay, bisexual and transgender adults lived in a household where there was a loss of income in the past month, compared to 16.8 percent of non-LGBTQ adults.
Economic disparities between LGBTQ and non-LGBTQ people existed long before the pandemic, says M. V. Lee Badgett, a professor of economics at the University of Massachusetts Amherst, but have grown more pronounced.
A report from the Center for LGBTQ Economic Advancement and Research, for example, indicated that, in 2019, nearly 1 in 5 (19.8 percent) LGBTQ households were unsure they could pay their bills that month, compared to 14 percent of non-LGBTQ households.
But according to the new data, collected from 64,562 households between July 21 and Aug. 2, more than a third (36.6 percent) of LGBTQ people had difficulty paying household bills in the last week, compared to roughly a quarter (26.1 percent) of cisgender heterosexuals.
That growing inequality is evident in other areas, too: Food securityis a reference to the ability to access sufficient, safe and nutritious meals that meet dietary preferences and needs for an active and healthy life.
According to the census survey, LGBTQ households are now nearly twice as likely to experience food insecurity as heterosexual families, 13.1 percent to 7.2 percent.
Williams Institute data from 2014 suggests the difference was much smaller then, with 18 percent of lesbian, gay and bisexual adults reporting that they or someone in their family went without food for an entire day in the past month. That’s compared to 14 percent of all people who were food insecure, according to U.S.Department of Agriculture figures for that year.
“If we’re starting out on unequal footing, it’s just going to get worse with a pandemic. It’s going to reach into economically vulnerable populations and hit them harder,” said Badgett, author of “The Economic Case for LGBT Equality.” “And groups with health disparities, like LGBTQ people, are also going to be hit worse.”
In a statement, Jay Brown, senior vice president for programs, research and training at the Human Rights Campaign, the nation’s largest LGBTQ advocacy group, said the Census Bureau’s findings “highlight what we have long known — LGBTQ+ Americans disproportionately bear the brunt of economic hardships, from food insecurity to unemployment.”
The group’s research shows that, during the current crisis, LGBTQ people, especially queer people of color, are consistently more likely than the general population to have their work hours cut or to face unemployment.
In part, that’s because LGBTQ people are more likely to be employed in the food service industry, hospitals, retail and education: According to a 2020 HRC Foundation brief, 40 percent work in those industries, all significantly impacted by shutdowns and more likely to expose workers to the virus.
There are other factors, including that the LGBTQ population tends to be younger and is less likely to have robust support systems than their cisgender heterosexual counterparts. But Badgett said “we don’t have great data” yet to determine how much of an impact those factors might have.
Badgett underscores the Census Bureau finally incorporating sexual orientation and gender identity on an economic survey is a positive sign.
“Mostly they just appear in health surveys,” she said. “Going forward, this indicates we’ll get richer data on LGBTQ economics.”
The important thing is to ensure assistance programs are available to help everyone, Badgett said, “that LGBTQ people can access [Supplemental Nutrition Assistance Programs] and food banks, and that service providers are fully inclusive and not turning them away, either intentionally or accidentally.”
For three years, Jesse Brace avoided getting care for their seizures after they experienced discrimination at an emergency room near their home in Lawrence, Kansas, in 2017.
They said they told the staff that they are transgender and nonbinary, that their name is different from their legal name and that they use gender-neutral pronouns.
“They refused to even so much as acknowledge this information, and not only did they not use [my pronouns], but they also sent me home without treating me for what I went in for,” said Brace, 25.
When they tried to get care elsewhere after that, they said, they had similar experiences, so they avoided care entirely.
Jesse Brace. Courtesy / Jesse Brace
In 2018, they began having seizures every day, so they started living in their car outside the Amazon facility where they were an assistant operations manager, because they couldn’t drive themself to work anymore.
In November 2018, they lost their job. “I lost my car soon after and ended up on the streets in the winter,” they said. “I was having hundreds [of seizures] a day and wasn’t even leaving where I was laying.”
They were homeless, living out of their car or on the streets, for over three years.
Brace’s experience in the ER — and the impact that health care discrimination had on their life — is something many trans people face and fear when they try to get care, according to a report released Wednesday by the Center for American Progress, or CAP, a liberal think tank.
Discrimination, among other factors, prevents trans people from seeking necessary care, which leads to health disparities that can affect many other areas of their lives, the report found.
The authors outline a road map of solutions, including legislative protections for LGBTQ people and better competency training for medical providers.
“The onus should not be on individuals,” said one of the report’s authors, Sharita Gruberg, vice president of the center’s LGBTQ Research and Communications Project. “It really should be on these institutions to do the right thing, and the resources and guidance is out there.”
Forgoing routine care after trauma
CAP’s report found that nearly half of transgender people — and 68 percent of transgender people of color — reported having experienced mistreatment at the hands of a medical provider, including refusal of care and verbal or physical abuse, in the year before the survey, which took place in June 2020.
Discrimination can then prevent people from seeking future care, the survey found: 28 percent of transgender people, including 22 percent of transgender people of color, reported having postponed or not gotten necessary medical care for fear of discrimination.
Brace got another job in May 2019, but they said they weren’t able to get consistent care again until May of this year. They said doctors in the area repeatedly told them that they were unable to take on new patients. It wasn’t until Brace was referred to a doctor who has a transgender child that they were finally able to obtain a primary care physician.
“I get panic attacks just making appointments,” they said. “I have no support whatsoever. Unfortunately, all health care around here is like this. There is no support for trans people, and so most avoid seeking care.”
Dallas Ducar, a psychiatric nurse practitioner, opened Transhealth Northampton, a trans-led organization that provides health care to trans and gender diverse patients in western Massachusetts, in May. Ducar said that as a health care provider and a trans woman, she knows there’s a dearth of affirming care for trans people across the country.
The Transhealth Northampton team. Courtesy / Dallas Ducar
She said many of Transhealth’s patients have gone without medical care for long periods of time. A patient who came in a couple of months ago had abnormal vital signs and had to be quickly taken to an emergency room because they were so sick, she added.
“It’s unfortunately not uncommon to see people who have experienced such high levels of discrimination and then forgo the routine visits, then perhaps even forgo an urgent care visit, which then turns into an emergency care visit,” she said.
The CAP report said harassment and discrimination “contribute to high rates of stress,” and — along with social determinants of health — make trans people “more likely to experience poor health outcomes.”
People will read about health disparities among trans people “and just think of that as something that, horribly, is associated with just like being trans, but actually a lot of these experiences have to do with being trans in a world that is constantly oppressing you and where you’re experiencing discrimination both interpersonally but also institutionally and in these broader systems,” said one of the report’s authors, Caroline Medina, a policy analyst at CAP.
The report cites the 2019 Behavioral Risk Factor Surveillance System data collected by the Centers for Disease Control and Prevention, which found that trans people were more than twice as likely as cisgender adults to be told they had depressive disorders.
Fifty-four percent also reported poor physical health at least one day in the previous month, compared to 36 percent of cisgender respondents, according to the CDC data. Trans people also have an increased likelihood of having asthma and developing cardiovascular disease, according to the CAP report.
The Covid-19 pandemic has also aggravated the health disparities trans people face: 1 in 3 reported having had suicidal thoughts during the pandemic, and 1 in 2 reported that their access to gender-affirming health care was curtailed significantly during the pandemic.
Ducar said barriers to care, particularly gender-affirming care like hormones, is “really, really harmful, and they add to the layers of discrimination that exists within the trans community.”
“On the mental health side, we are seeing folks with really complex issues — tons and tons of trauma — that’s coming to our doorstep,” she said. “We’re just seeing a lot of not only trauma, but complex PTSD specifically. These are people that have just been consistently burdened with the symptoms of PTSD, trauma just recurring. It’s really been terrible.”
A lack of cultural competency
When trans people do try to seek health care, they can face discrimination or outright refusal of care, as CAP found. But even when they don’t experience discrimination, they are likely to see providers who don’t have the cultural competency to provide them with affirming care.
CAP’s survey last year found that 1 in 3 transgender people reported having had to teach their doctors about transgender people to get appropriate care, and 15 percent reported having been asked “invasive or unnecessary questions about being transgender” not related to their reasons for visiting.
The report cited a 2018 brief from the Kaiser Family Foundation that found that more than half of medical school curriculums lack information about unique health issues the LGBTQ community faces and don’t cover treatment beyond HIV prevention and care, “likely contributing to transgender people’s inability to access affirming care,” CAP wrote.
Alex Petrovnia, 24, a writer and scientific researcher living in central Pennsylvania, said that last fall, he had to report a primary care physician after a negative experience.
He was worried about how testosterone would affect a joint problem he was having, and he asked the doctor, who was still a medical resident, whether there was a form of physical therapy to help the problem. After a tense exchange, he said, the doctor told him, “I don’t know anything about this, because I’ve never had a patient like you.”
“I was trying to keep this interaction peaceable, and I replied with: ‘Yeah, I know. It’s really unfortunate that you’re not taught anything about trans people in medical school, and it’s just not a very well-known issue,’” he said. “And she looked me right in the eyes and she said: ‘I don’t think it’s that important. There aren’t many of you.’”
When he left, he tweeted about the visit so other trans people in the area would know not to see that doctor.
The medical practice reached out to him a few days later and asked what it could do better, Petrovnia said. When he returned to see a new, supportive primary care physician, “they told me that they sent the resident back to trans-inclusivity training and that they had instituted that for all of their residents going forward,” he said. “So that was very positive. … Being the squeaky wheel really actually made an impact and actually improved the situation theoretically for others.”
Petrovnia acknowledged that not everyone is able or willing to spark such teachable moments.
Mel Groves, 25, visited a primary care office in Montgomery, Alabama, in January when he had a cough, fever and lower body pains. When he was taken back for a full-body CT scan, he said, he had a decent conversation with the attendant who was pushing his chair. Groves said that when the procedure was over, however, the attendant’s tone changed. The attendant had apparently seen Groves’ chart and made a comment about his genitals, Groves said.
Mel Groves, a farmer from Jackson, Mississippi.Courtesy / Mel Groves
“I was taken aback,” he said. “It was shocking, to say the least.”
Groves said that he wanted to report it but that he was feeling too ill and overwhelmed, as he was working in the area temporarily. “I knew that that’s what I should have done, but at the time, I had a lot of stuff going on,” he said.
The health care system that oversees the primary care office where Groves was treated could not confirm his story, citing patient confidentiality.
‘The role falls on society’
CAP’s report outlines a number of policy recommendations that the authors said would help address health care discrimination against trans people.
One in particular is among the most pressing, the authors said: They recommend that the federal government create a rule to strengthen Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of sex and has protected trans people from discrimination in federally funded health care facilities.
“The protections in Section 1557 are so critical but are also a floor that we need to firmly establish and strengthen,” said Gruberg of CAP. She said it was great that the Department of Health and Human Services’ Office of Civil Rights had announced that it would enforceSection 1557 to cover sexual orientation and gender identity, “but we’re also very worried about what that looks like, how strong these protections are going to be and the potential for religious exemptions to undermine them.”
U.S. District Judge Reed O’Connor issued a permanent injunction last week against the nondiscrimination protections in the Affordable Care Act, ruling in favor of religious health care providers who said the rules would force them to perform abortions or provide gender-affirming treatment against their religious beliefs. While Gruberg expects the decision to be overturned, she said “that threat is still there.”
The report’s authors also recommended that Congress and state and local governments increase funding for LGBTQ community health centers, which often fill the health care gaps that trans people face.
Groves was connected with an affirming primary care physician through the Knights and Orchids Society, a grassroots organization in Selma, Alabama, led by Black trans people. He drives about 4½ hours from his home in Jackson, Mississippi, to Auburn, Alabama, when he needs care.
Although groups like the Knights and Orchids Society have provided what Groves described as “life-changing” support, he said it’s ultimately up to the medical system and society to address pervasive issues like discrimination.
“We’ve always been here,” he said. “So I think that now the role falls on society and the medical professionals to educate themselves more. If that means more fellowships, more trainings, more professional development … I feel like that is single-handedly the best thing that we can do to foster better health care for trans people, is helping people to understand how to be inclusive, and then going forward from there.”
Vice President Kamala Harris on Thursday met with two LGBTQ rights activists in Vietnam.
Harris’ office said Chu Thanh Hà Ngoc, a transgender activist, and Đoàn Thanh Tùng, an LGBTQ advocate, participated in a “roundtable discussion with the vice president and Vietnamese social advocacy organizations” that took place at the U.S. Chief of Mission’s home in Hanoi, the Vietnamese capital.
“It is critical that if we are to take on the challenges we face that we do it in a way that is collaborative, that we must empower leaders in every sector, including of course government but community leaders, business leaders, civic society if we are to maximize the resources we collectively have,” said Harris.
Harris specifically noted the Vietnamese Health Ministry “helped craft the draft — and draft — the (country’s) transgender rights law” that took effect in 2017.
“Transgender people deserve and need equal access to healthcare services,” she said. “This is an issue that we still face in the United States, and it is an issue here in Vietnam, I know. And we will work together and support you and the work you are doing in that regard.”
Ann Marie Yastishock, the U.S. Agency for International Development’s mission director in Vietnam, moderated the roundtable.
It took place on the last day of Harris’ trip to Southeast Asia that began on Sunday in Singapore, one of the dozens of countries in which consensual same-sex sexual relations remain criminalized. The trip also coincided with growing calls for the U.S. to evacuate LGBTQ Afghans from Afghanistan after the Taliban regained control of the country.
Ted Osius, who co-founded GLIFAA, an association of LGBTQ employees of Foreign Service agencies, was the U.S. ambassador to Vietnam from 2014-2017. The late-U.S. Supreme Court Justice Ruth Bader Ginsburg in 2015 presided over the Hanoi ceremony during which Osius and his husband, Clayton Bond, renewed their wedding vows.
President Biden in February signed a memorandum that committed the U.S. to promoting LGBTQ rights abroad.
Visibles Executive Director Daniel Villatoro and Ingrid Gamboa of the Association of Garifuna Women Living with HIV/AIDS were among the members of Guatemalan civil society who participated in a roundtable with Harris in June when she was in Guatemala City. USAID Administrator Samantha Power also met with LGBTQ activists in Guatemala and El Salvador when she was in the countries at around the same time.
As young people across America prepare to return to class — some in person, some remotely — the Biden administration issued a message for transgender students.
In a joint video Thursday, Suzanne Goldberg, the acting assistant secretary of education for civil rights; Assistant Attorney General Kristen Clarke; and Dr. Rachel Levine, the assistant secretary of health and human services for health, outlined the federal government’s support for transgender students even as their community is under siege on the state level, where more than 130 anti-trans bills in 36 states have been introduced this year alone, according to the Human Rights Campaign.https://iframe.nbcnews.com/UjuZokP
In the video, Goldberg, a lesbian, discussed the concerns many students have about returning to class, from making friends to keeping up with academic demands.
“If you’re a transgender student, perhaps you’re worried about simply being accepted and safe and being treated with respect as you head into the new school year,” she said.
Clarke, the first woman to lead the Justice Department’s Civil Rights Division, praised the work by many teachers and administrators nationwide to create safe and inclusive environments for LGBTQ students.
But, she added, “we also know that’s not the reality for all transgender students, including perhaps some of you.”
“In some places, people in places of authority are putting up obstacles that would keep you from playing on the sports field, accessing the bathroom and receiving the supportive and lifesaving care you may need,” Clarke said. “We’re here to say, ‘That’s wrong — and it’s against the law.’”
In the 2020-21 legislative session, more than 75 bills were introduced that would bar trans students from playing school sports. Such measures have become law in nine states, according to the Movement Advancement Project.
“We know you are resilient,” Goldberg said, “and we hope you will find support where and when you need it. But we also want you to know the Department of Education and the entire federal government stand behind you. Your rights at school matter. You matter.”
Goldberg said trans students who faced discrimination should file complaints with the Education Department’s Office for Civil Rights, and Clarke confirmed that the Justice Department would investigate such allegations.
“We want you to know that we are looking out for you,” Clarke said. “And we’re looking out for your civil rights.”
“It is critical to support trans youth and their parents and families to help them achieve the good health and well-being that everyone deserves,” she said.
It isn’t the first time the White House has reached out to trans youths: In an executive order released on his first day in office, President Joe Biden extended federal nondiscrimination protections to LGBTQ Americans, writing, in part, “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.”
In his first address to Congress in April, Biden said, “To all the transgender people at home, especially the young people, I want you to know the president has your back.”
Referring to that “unequivocal message,” Levine said she wanted transgender students to know “that I’ve got your back, too — and I’ll do everything I can to support and advocate for our community.”
Clarke cited the Justice Department’s challenges to bans on transgender girls’ competing in female sports in West Virginia and on gender-confirming treatment for minors in Arkansas, saying, “We stand behind you and are ready to act to defend your rights.”
Rodrigo Heng-Lehtinen, executive director of the National Center for Transgender Equality, praised the video for “sending a strong and meaningful message to transgender students across the country — and especially in places where they have come under attack by politicians.”
“It’s so important for transgender kids to know that they are not alone and that the president of the United States has their back,” Heng-Lehtinen said. “President Biden and his administration are working to make sure transgender youth have an opportunity to be safe, to learn and to be healthy. They are incredible allies.”
Melanie Willingham-Jaggers, interim executive director of GLSEN, a LGBTQ student advocacy nonprofit group, said that she also welcomed such a “bold, affirming message” and that she wanted “further policy action to back up this commitment.”
“The administration must set a clear precedent, not only for federal agencies, but for state and local leaders, and ensure that transgender youth are safe, supported and empowered in our school communities,” Willingham-Jaggers said. “Individual educators and school leaders can step up in the meantime and make thoughtful connections with the transgender students in their schools to show them that they are valued and that they belong.”
That’s more than double the 12 who competed at the 2016 Paralympic Games in Rio, and it comes after record-setting representation at the Tokyo Summer Games, where at least 185 queer Olympians competed, according to Outsports.
Lauren Appelbaum of RespectAbility, a nonprofit that works to change how society views people with disabilities, said the increased visibility points to the “large intersection” between the LGBTQ and disabled communities.
“We hope that even more out athletes participate in the future,” Appelbaum said in a statement, “as it is critical for all disabled people to have positive role models for success.”
As with the Summer Olympics, the majority of openly LGBTQ Paralympians are women, including four members of Great Britain’s women’s wheelchair basketball team — Jude Hamer, Robyn Love, Lucy Robinson and Laurie Williams.
Williams and Love, a couple for more than six years, got engaged in February 2020, shortly before the start of the pandemic.https://iframe.nbcnews.com/GZyiJKd?app=1
“I couldn’t imagine what my GB journey would have been like if Laurie and I weren’t together,” Love wrote on Instagram, using a shortened term for Team Great Britain. “I don’t think I would have progressed so quickly without her pushing me so hard, I can still hear ‘one more push’ in my head every time I’m defending.”
The only out gay man at the Tokyo Paralympics is Sir David Lee Pearson, a highly decorated para-equestrian who has won gold 11 times at the Paralympics.
Great Britain’s Sir David Lee Pearson competes at the 2016 Rio Paralympic Games in Rio de JaneiroAdam Davy / PA Wire via AP file
There are also two nonbinary Paralympians competing, both Australian: Wheelchair racer Robyn Lambird and Maria “Maz” Strong, who competes in seated shot put. https://iframe.nbcnews.com/m1LmGwL?app=1
“I love seeing our out Paralympians highlighted because it shows that while we still have a ways to go, as a society, we have become more accepting,” Team USA sitting volleyball player Monique Matthews told Outsports. “People are able to be their authentic selves and feel safe.”
Like the Olympics, the 2020 Paralympics were delayed a year because of the Covid-19 pandemic. During that downtime, American cyclist Monica Sereda, an Army veteran, found love: She and her partner, Samantha, recently celebrated their one-year anniversary.
“She has been a wonderful, amazing partner and supporter,” Sereda told Watermark Online, adding that, because Samantha is a psychotherapist, “she’s been a huge blessing because she’s able to understand disabilities.”https://iframe.nbcnews.com/23QU39R?app=1
Triathlete Hailey Danz, who will also represent Team USA, came out as gay in a heartfelt Instagram in November 2020, admitting “I‘ve spent much of my life building dams — constructing barriers that prevented me from flowing freely — in an attempt to hide my sexuality. ”
“I know there are a lot of people who say that sexuality has no place in sport; that the press should stop sensationalizing who we love and simply focus on the game,” Danz elaborated in a piece on the Team USA website in June. “To those people let me say this: it was by seeing openly gay athletes that I’ve been able to work through my shame and insecurities and accept who I am.” https://iframe.nbcnews.com/byOqJYu?app=1
The Paralympics are the largest sporting event in the world for people with disabilities — this year, welcoming more than 3,500 athletes from at least 134 nations to compete in a total of 540 events across 22 sports, including, for the first time, badminton and Taekwondo.
First held in Rome in 1960, the Paralympic Games were created “to allow athletes with disabilities to strive for and reach the pinnacle of athletic excellence,” according to RespectAbility.
The Winter and Summer Paralympics are held in the same city as the Olympics and use the same facilities. Eligible disabilities are divided into different categories and classifications and vary by sport.
James Hormel, the first openly gay U.S. ambassador and a philanthropist who funded organizations to fight AIDS and promote human rights, has died. He was 88.
Hormel died Friday at a San Francisco hospital with his husband, Michael, at his side and while listening to his favorite Beethoven concerto, the San Francisco Chronicle reported.
Sen. Dianne Feinstein, D-California, praised Hormel as a civil rights pioneer who lived “an extraordinary life.”
“I will miss his kind heart and generous spirit. It’s those qualities that made him such an inspirational figure and beloved part of our city,” she said.
In 1997, then-President Bill Clinton nominated Hormel to become U.S. ambassador to Luxembourg. Conservative Senate Republicans blocked the nomination. But two years later, Clinton used executive privilege to appoint him during the Congressional recess.
“The process was very long and strenuous, arduous, insulting, full of misleading statements, full of lies, full of deceit, full of antagonism,” Hormel said during a West Hollywood, California, bookshop visit in 2012 to promote his memoir, “Fit to Serve.”
He never received confirmation through a Senate floor vote but “ultimately a great deal was achieved,” he told the audience. “Ultimately, regulations were changed in the State Department. Ultimately, other openly gay individuals were appointed without the rancor that went into my case.”
U.S. Secretary of Transportation Pete Buttigieg, who is openly gay, has said that as a teenager he was inspired by Hormel’s confirmation fight.
“I can remember watching the news,” he said after his nomination by President Joe Biden. “And I learned something about some of the limits that exist in this country when it comes to who is allowed to belong. But just as important, I saw how those limits could be challenged.”
Hormel held the ambassadorship from June 1999 through 2000.
Clinton and his wife, former Secretary of State Hillary Clinton, said they were deeply saddened by Hormel’s death.
“Jim devoted his life to advancing the rights and dignity of all people, and in his trailblazing service in the diplomatic corps, he represented the United States with honor and brought us closer to living out the meaning of a more perfect union,” the Clintons said in a statement.
U.S. House Speaker Nancy Pelosi, who officiated at Hormel’s wedding to his husband, said Hormel “made it his mission to fight for dignity and equality for all” and noted his philanthropic contributions to health, artistic and educational organizations.
“When the AIDS epidemic descended upon San Francisco, he called on our conscience and rallied the city to help our neighbors suffering from the ferocious disease,” Pelosi said in a statement. “His work served as a model for national policy to defeat HIV/AIDS and improve the lives of all affected.”
Hormel was an heir to the Hormel Foods fortune. Born in Austin, Minnesota, Hormel married his college sweetheart, Alice McElroy Parker, and had five children before divorcing in 1965. He moved to San Francisco in 1977.
He was a former dean of students at the University of Chicago law school, where he received a degree.
Hormel co-founded the Human Rights Campaign and helped fund many activities geared to arts, education and human rights, including a gay and lesbian center at the San Francisco Public Library; the National AIDS Memorial Grove; the American Foundation for AIDS Research; and the American Conservatory Theater.
In addition to his husband, Hormel is survived by five children, 14 grandchildren and seven great-grandchildren.
Some LGBTQ OnlyFans creators say the changes could jeopardize one of their primary sources of income during the Covid-19 pandemic.
Many sex workers, such as Stacey Monroe, 27, have been using OnlyFans to create sexually explicit video content and photos during the pandemic because they can’t see clients in person safely.
Monroe said she left her career in health care to focus on advocating for transgender rights after she faced discrimination from multiple past employers because she’s a trans woman. “However, being an activist is really a volunteer job, so there was no pay,” she said. In 2018, sex work “helped me and my sister get through our housing crisis and so many other things. It became our form of survival.”
Stacey Monroe said OnlyFans’ policy change could jeopardize 40 to 50 percent of her income.Pedro Morales
Sex work has helped them maintain stability without facing employment discrimination. Now, Monroe said, 40 percent to 50 percent of her income comes from OnlyFans subscriptions.
“If I’m not able to see customers in person, then I do have to try to make OnlyFans content and things like that, so now I’m kind of in limbo trying to figure out what am I going to do on October 1 and trying to see if there’s a loophole or anything to work around the policy,” she said.
OnlyFans’ new policy will allow creators to continue to post nude photos as long as they are consistent with the platform’s acceptable use policy, but it will prohibit “the posting of any content containing sexually-explicit conduct,” a spokesperson said in a statement.
“In order to ensure the long-term sustainability of the platform, and to continue to host an inclusive community of creators and fans, we must evolve our content guidelines,” the statement says. “These changes are to comply with the requests of our banking partners and payout providers. We will be sharing more details in the coming days and we will actively support and guide our creators through this change in content guidelines.” https://iframe.nbcnews.com/U5CK7jN?app=1
The spokesperson declined to comment on when a nude photo could be considered sexually explicit or who would screen content and decide whether it violates the policy.
OnlyFans has provided a legal avenue for people to participate in sex work. Subscribers pay monthly or yearly fees in exchange for pornographic content or one-on-one live video chats with creators, among other content.
Transgender people are more likely than the general population to participate in sex work for a variety of reasons. As a result, many LGBTQ sex workers said the community is disproportionately — and negatively — affected by OnlyFans’ policy change.
A form of survival for trans people
In 2018, Monroe and her sister, who is also trans, were facing homelessness.
“We were sleeping in our car. We had contemplated suicide,” she said. “We just really didn’t have any options. We were going to homeless shelters, and they were telling us that we were not allowed there because we were trans and they didn’t know how to accommodate us.”
With support from their community, they were able to get back on their feet, and sex work has since helped them survive, Monroe said.
Monroe’s experiences of job discrimination and homelessness are common among trans people — including trans people who participate in sex work.
A 2015 survey found that 10.8 percent of trans respondents had participated in some form of sex work, with rates the highest among Black trans respondents (39.9 percent) and Hispanic or Latino respondents (33.2 percent). Transfeminine respondents were twice as likely to participate in the sex trade, at 13.1 percent, compared to transmasculine respondents, at 7.1 percent.
The survey found that more than two-thirds (69.3 percent) of trans sex workers reported having experienced adverse job outcomes in the traditional workforce, such as being denied jobs or promotions or being fired because of their gender identity or expression. In addition, those who lost jobs because of anti-trans bias were about 2 ½ times as likely to engage in the sex trade (19.9 percent vs. 7.7 percent of respondents who didn’t lose jobs because of anti-trans bias).
The OnlyFans log in page on a laptop in New York, on June 17, 2021.Gabby Jones / Bloomberg via Getty Images file
Monroe said sex work is a form of survival for many trans people, because it allows them to earn enough money to get safe housing.
OnlyFans has provided a safer — and legal — outlet for people to engage in sex work, especially trans people, who often face violence. At least 34 trans and gender-nonconforming people have been killed this year. Most of them were Black trans women, according to the Human Rights Campaign, and some of them were also sex workers, according to memorial posts and local reports.
Monroe said some trans people use OnlyFans to pay their bills and get health care, such as hormones, during the pandemic. As a result, the policy change could affect trans creators in many ways if it’s their primary form of income.
“A lot of us have found safety in not having to see customers in person, one, because of Covid-19, and two, because of the violence against trans people and how it’s been increasingly just getting worse and worse over the years,” she said. “It’s horrible. So we are going to be facing more safety issues, more issues with housing, medical, trying to just survive in general.”
Jeopardizing stability, safe space
Z, 27, said OnlyFans has provided them with a stable and safe source of income during the pandemic. They asked to go by their initial because they hope to get a job outside sex work in the future.
They are immunocompromised and disabled and were unable to leave their home at all before a Covid-19 vaccine was available.
They began using OnlyFans in November to sell lewd photos. They incorporated their mobility devices into shoots and described themself as openly queer. In their first month using the platform, they said, they doubled their average monthly income and were able to hire a personal care attendant to help them with their physical therapy exercises and daily activities, such as washing their hair and prepping meals.
They said the OnlyFans policy change will affect them because they don’t have an audience for the type of content that OnlyFans now says is within its terms of service, though they noted that they won’t be as affected as other creators who do more video content.
“I think that when you are specifically advertising sex worker services and then those services are no longer what you’re able to provide, nobody’s going to be there for that,” they said. “I don’t foresee getting a lot of income from people who would just want to see pictures of my smiling face every day.”
OnlyFans no longer makes up the bulk of Z’s income, but they said it does provide them with a few hundred dollars a month, which can cover their physical therapy, medication or groceries.
OnlyFans is used primarily by sex workers who sell pornographic content, but creator GothyKitten, 33, who asked to go by their username on the platform, used it to share time-lapse photos of their surgery site after they had gender-affirming surgery. They uploaded a year’s worth of images in late December.
“A couple folks have said that it really helped them with considering surgery, and everyone who asked for it said they couldn’t find any other resources as detailed,” they said. OnlyFans’ new acceptable use policy will ban “any exhibition of the anus or genitals of any person which is extreme or offensive,” and it doesn’t define “extreme” or “offensive,” leaving GothyKitten uncertain whether their content will be removed.
For now, they’ve created an account on AdmireMe.vip, a site that posted a message of support to sex workers after OnlyFans announced its policy change.https://iframe.nbcnews.com/468GgCb?app=1
For some LGBTQ OnlyFans creators, like Jack Mackenroth, 52, the platform’s new policy is disappointing but not necessarily negative. Mackenroth created an OnlyFans account to share gay pornographic content shortly after the site started in 2016.
He said that the site isn’t user friendly and that there are better platforms that were created by sex workers, like JustFor.fans, which also shared a message about OnlyFans’ policy.https://iframe.nbcnews.com/h8cOaI7?app=1
Sex workers made OnlyFans “what they are,” Mackenroth said, and now it won’t fight for the creators who helped build the site. “They seem to be fair-weather friends, and I don’t need those,” he said.
He encouraged OnlyFans creators to move their content to other platforms and diversify their sources of income.
Jack Mackenroth attends “The Imitation Game” NYC premiere on Nov. 17, 2014. Jim Spellman / WireImage – Getty Images file
LaLa Zannell, the Trans Justice Campaign manager at the American Civil Liberties Union, said being able to change platforms is a privilege not all sex workers have.
“A person who is navigating just surviving, navigating transphobia, xenophobia and homelessness doesn’t have time to create a whole new following on a new platform,” she said.
A number of websites that sex workers used, such as Backpage and Tumblr, were also shut down or changed their policies in ways that negatively affected sex workers, she said, in part because of policy changes by financial institutions that process their payments.
OnlyFans and similar sites have also faced pressure from conservative representatives and advocacy groups. Rep. Paul Gosar, R-Ariz., applauded the policy change, calling it “a remedy to child exploitation” in a tweet last week.
Gosar wrote a letter to the attorney general about a week before the site announced its policy change requesting an investigation into OnlyFans “for promoting, and profiting from, online prostitution.” The bipartisan letter was signed by more than 100 other members of Congress.
Gosar wrote on Twitter that the Justice Department had found that minors were getting through OnlyFans’ vetting process, which requires creators to have bank accounts, government IDs and face scans to ensure that their faces match the provided ID.
The Justice Department did not immediately respond to NBC News’ request for comment.https://iframe.nbcnews.com/48BjpYS?app=1
Zannell said banning pornographic content from platforms isn’t a solution, because it will just move to new platforms. But users’ constantly changing platforms isn’t, either, she said. She added that she’d like to have a sit-down with banking institutions, as well as anti-pornography and anti-sex-trafficking groups — which she said are among those pressuring banking institutions to clamp down on sites like OnlyFans — to “actually have a real conversation and carve out a real goal where all parties online can be on neutral ground, because sex work is real work.”
