National
Anti-gay violence, domestic abuse on the rise: report
New study, presented to White House, outlines challenges for LGBT victims
Anti-gay violence is increasing by staggering percentages each year, domestic violence among same-sex couples is as pervasive as it is among opposite-sex couples and mainstream service providers for victims of violence are woefully undertrained in how to effectively treat LGBT victims who turn to them for help, according to a new study conducted last year and released in late March.
“Why it Matters: Rethinking Victim Assistance for Lesbian, Gay, Bisexual, Transgender and Queer Victims of Hate Violence & Intimate Partner Violence” is a joint policy report by the National Center for Victims of Crime and the National Coalition of Anti-Violence Programs. The Coalition focuses on LGBT and HIV-affected communities. The Center isn’t LGBT specific but bills itself as the country’s leading resource and advocacy organization dedicated to helping victims of crime rebuild their lives. The groups collaborated to identify and raise awareness about the gaps in LGBT victims’ rights (find the report online at ncvc.org or avp.org).
“The collaboration was very deliberate,” says Sharon Stapel, a lesbian and executive director of the New York City Anti-Violence Project, the group that coordinates the Coalition. “The NCVC membership had access to our LGBT expertise and the Coalition membership had access to the Center’s resources. It really began because we knew a lot of this information anecdotally but we didn’t have numbers or know why.”
The study, in which 648 responders from across the country in a variety of victim assistance programs participated voluntarily, found that their agencies lacked outreach to LGBT victims, lacked staff LGBT-specific cultural competency training, did not implement LGBT-specific victim services policies and practices and did not collaborate with those who had, and were under-resourced to correct the barriers to LGBT-specific services.
But how pressing is the need? According to Coalition numbers for 2008, the most recent year for which numbers are available, hate violence against LGBT people is continually on the rise having increased 26 percent from 2006 to 2008 with a 36 percent climb in crimes committed by strangers, a 48 percent increase in bias-related sexual assault and an all-time high rate of hate violence resulting in murder. Anti-LGBT bias-related physical abuse at the hands of law enforcement personnel increased a whopping 150 percent from 2007 to 2008, the Coalition reports.
It also cites several studies from the ’00s that show intimate partner violence affects LGBT couples at the same rate it occurs in straight relationships — between 25 and 33 percent of all relationships. About 11 percent of women reported being raped by their lesbian partners while another study found 39 percent of gay men reported some form of battery from their same-sex partners over a five-year period.
So even though the rates are about the same gay and straight, heterosexual victims tend to have many more resources at their disposal. Gay men who flee abusive partners often find shelters only admit women. Lesbians who turn to shelters are sometimes harassed by the straight women there or worse, discover there’s no barrier in place to prevent their abusive female partners from joining them at the shelter.
Kelcie Cooke is bi and provides trauma counseling at Boston’s Fenway Community Health Center, one of only 36 LGBT-specific victim assistance providers in the U.S. She says fundamental shifts need to happen before mainstream providers are equipped to help LGBT victims.
“The definition of domestic violence is really rooted in the feminist movement,” Cooke says, “which understood it to be about men’s oppression over women. That doesn’t make sense for an LGBT program and under that paradigm, we don’t even see LGBT examples when it’s all about men and women.”
Many other factors often prevent LGBT domestic violence victims from finding help or even reporting their crimes, the report says. Some fear being outed and perhaps losing their jobs if they’re in the military for instance. Others fear being excluded from their circle of friends if a restraining order is granted. Transgender victims face even further obstacles.
Jeff Dion, executive director for the National Center for Victims of Crime, remembers one case he worked on in Miami that illustrated the problem.
“Sometimes law enforcement and the courts don’t take these issues seriously,” Dion, who’s gay, says. “Miami even has its own special domestic violence court but I remember one lawyer advocate who said, ‘You’re going to have a hard time getting justice if a man goes to court dressed as a woman.’ So there are still major barriers to overcome just to treat people like people.”
Morgan Lynn, a local lesbian attorney who founded an LGBT-specific program at Women Empowered Against Violence, says there are further complications she sees daily in her work.
“The people I see are just going to have different issues,” she says. “We have custody issues that affect us differently, marriage and divorce, outing is a whole issue that’s unique to our community. These are just the kinds of questions that straight folks, straight women, just don’t have to be aware of. Like with divorce. There’s no residency requirement to get married in Massachusetts but there is for divorce. So what are you going to do? Move there with an abusive partner just so you can get divorced?”
Homophobia and heterosexism are also challenges, the study says.
“There’s a lot of heterosexism in domestic violence work in general,” Lynn says. “You think about the images you see. A straight woman, she’s probably white, cowering in the corner. Advocates like us try to work through those cultural stereotypes because we know not all abusers are men, or not all abusers are the more masculine person. People think the butch in a lesbian relationship is the abuser but that’s not always the case. I’ve even had some women leave abusive heterosexual relationships thinking there was no domestic violence among lesbians only to find their girlfriend is abusive.”
But there is good news. Many of the mainstream providers who responded said they’d welcome LGBT-specific training.
“We weren’t surprised to hear that but it was gratifying to see the numbers of mainstream service providers who were so vocal about really wanting to do this work but really needing the technical assistance to do it properly,” Stapel says.
Cooke, though, says it requires more than an afternoon training session.
“We’ve done a lot of training here in the Boston area with many front-line workers,” she says. “They’re very well intentioned, but they often don’t have the institutional buy in to really make the changes necessary to do the work correctly. There’s a lot to it. Forms need to be changed for gender variance, they don’t screen at shelters to keep same-sex perpetrators from finding their victims there … there really has to be structural change. It’s not just about sensitivity training.”
So what’s the answer? The study’s authors included several recommendations based on their findings. They advocate collaborations between LGBT-specific and mainstream victim assistance providers, advocacy for state and federal protections to ensure LGBT victims have equal access to protections, an increase of public awareness of the extent and impact of victimization in the LGBT community and increases of funding to see these objectives through.
The two organizations that performed the study are off to a good start — just last week they presented the report at the White House to several of President Obama’s advisers.
“It might take a year or so for this to get into the next round of grant solicitations and to develop grant programs but there’s an awful lot of buzz about this and people are interested and excited to see the report, particularly in this administration,” Dion says. “It’s really helped us quantify the anecdotal evidence. We can now offer the report to validate that and give us a platform to move forward.”
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.
Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’
The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons
The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
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