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Polis backs executive order barring anti-LGBT job bias

Gay lawmaker skeptical about ENDA’s prospects

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Rep. Jared Polis (Blade photo by Michael Key)

Rep. Jared Polis (D-Colo.) announced support on Monday for an executive order that would protect LGBT people against bias in the workforce by prohibiting the federal government from contracting with companies that don’t have non-discrimination policies based on sexual orientation and gender identity.

“I would applaud that step,” Polis said. “I think that would show a lot of courage on behalf of the administration and demonstrate that they’re committed to moving to a discrimination-free workplace environment.”

The executive order endorsed by Polis during a Washington Blade interviewĀ has been seen as an interim alternative to passage of the Employment Non-Discrimination Act — legislation that would would bar job discrimination against LGBT people in most situations in the private and public workforce — while Republicans are in control of the House and progress on the measure is unlikely.

Polis’ announcement comes as House introduction of ENDA was expected this week. Harry Gural, a spokesperson for gay Rep. Barney Frank (D-Mass.), said his boss would announce when the legislation would be introduced on Wednesday, although the exact day for the debut of the bill isn’t yet final.

Polis has a dim view of the chances of passing ENDA — as well as other pro-LGBT legislation — for at least the next two years with House Speaker John Boehner (R-Ohio) in charge of the chamber.

“ENDA had several Republican co-sponsors, but I don’t think it’s likely the Republicans will advance employment non-discrimination,” Polis said

In the meantime, PolisĀ said supporters in Congress should try to educate the public on the issue of job protection and grow the number of co-sponsors for ENDA.

“Nationally, we just need to continue to educate other members of Congress and their staff on what it means,” Polis said.

As he dismissed the prospects of passing pro-LGBT bills during the 112th Congress, Polis said the LGBT community will instead for this period have to focus on beating back anti-gay measures.

“I think we’ll be playing defense,” Polis said. “Certainly there are members of the Republican caucus that want to go after and attack some of the progress that’s been made [in the few] last years. I wouldn’t be surprised if we have to work hard to maintain that progress.”

Among the anti-gay measures that Polis said could emerge during the 112th Congress is revocation of “Don’t Ask, Don’t Tell” repeal and repeal of hate crimes protections legislation — both measures that were passed during the 111th Congress when Democrats had control of both the House and the Senate.

“Those are the two main pieces of progress that we made in the last [Congress], both of which nearly all the Republicans opposed,” Polis said.

Still, Polis expressed optimism about the Student Non-Discrimination Act — a measure he introduced earlier in March in the House along with Sen. Al Franken (D-Minn.) in the Senate.

The legislation, which as of Monday had 103 co-sponsors in the House, would prohibit discrimination, including harassment, against LGBT students in public schools throughout the country.

Polis predicted the number of co-sponsors for the legislation would continue to grow and would see increased support from both Democrats and Republicans.

“I think it’s one thing that conservatives and liberals can agree on — people should feel safe in school,” he said.

Polis noted that supporters of the legislation have been pushing for its inclusion — along with the Safe Schools Improvement Act, a measure requiring schools to set up anti-bullying policies — as part of education reform legislation, or Elementary & Secondary Education Act reauthorization, which President Obama has been calling on Congress to pass this year.

“It’s tied into the fate of ESEA reauthorization, and so if this Congress moves forward with reauthorization of the federal education law, I’m optimistic that we’ll be able to implement protections against bullying in the bill,” Polis said.

Still, Polis said he couldn’t at this point estimate the chances for the success of passing education reform — with or without anti-bullying or anti-discrimination language.

Polis said while the Democratic-controlled Senate intends to pursue broader education reform legislation, Republican leadership in the House is only “looking at a couple of changes rather than a full-out reauthorization.”

“It’s too early to tell whether the 112th [Congress] will issue major changes in federal education policy,” Polis said.

President Obama has yet to enumerate support for the Student Non-Discrimination Act, even though the Obama administration has taken steps to address bullying in schools, such as holding a summit on the issue in March. Polis said he hopes to work with the White House to obtain an endorsement for his bill.

“We’re working closely with the administration to fine tune these bills and help the administration deliver on its promise to reduce and end bullying,” Polis said.

Another larger vehicle that advocates are hoping to use to pass a pro-LGBT measure during the 112th Congress is comprehensive immigration reform.

As talks have reportedly begun again on Capitol Hill related to immigration, LGBT rights supporters areĀ seeking to ensure this larger legislation would incorporate language that would allow gay Americans to sponsor foreign partners for residency within the United States. In the 111th Congress, standalone legislation that would have had this effect was known as the Uniting American Families Act.

But Polis dismissed the possibility of passing comprehensive immigration reform for the next two years — with or without UAFA-like language — given the current makeup of Congress.

“I don’t see much hope for comprehensive immigration reform given the fact that most of the members of the current majority ran against it, so it’s unlikely this Congress,” Polis said.

Still, Polis said he welcomed the decision from U.S. Citizenship and Immigration ServicesĀ toĀ hold in abeyance the deportation of foreign nationals who are seeking green cards through a same-sex American spouse, although he noted the limitation of this move.

“It’s certainly a step in the right direction, but keep in mind that those individuals would still be unable to work in this country and be unable to access various services legally, so it’s not really a solution,” Polis said.

Polis said he was unsure about prospects for another piece of expected legislation that would eliminate the federal tax on employer-provided health coverage for same-sex couples.Ā In the previous Congress, the legislation was known as the Tax Equity for Health Plan Beneficiaries Act.

With the GOP in control of the House, Log Cabin Republicans has said it would push for the legislation and has maintained it has a shot at passage because it relates to lowering taxes, an effort that Republicans traditionally favor.

Polis said he supports the legislation, but deferred to Republican leadership on the chances of the bill passing over the course of the next two years.

“I think it’s unfair that same-sex couples have disparate treatment, but you’d have to ask the question to the Republican majority to see if they support it,” Polis said.

On “Don’t Ask, Don’t Tell” repeal, Polis said he’s awaiting certification for ending the law as the Pentagon implements training for open service in the U.S. military.

The repeal law that President Obama signed in December allows for repeal only after 60 days pass when the president, the defense secretary and the chair of the Joint Chiefs of Staff certify that the U.S. military is ready for open service. Servicemembers Legal Defense Network has called for expedited training to implement repeal more quickly in the armed forces.

Asked whether he thinks the training is proceeding at a satisfactory pace, Polis replied, “The proof will be in the pudding and we all look forward to the certification of the process — hopefully in the weeks or the very few months ahead when the policy formally is repealed.”

LGBT advocates have been calling on President Obama to issue an executive order that would provide explicit protections for gay service members who feel they’ve experienced discrimination in the armed forces.Ā The White House hasn’t explicitly endorsed or rejected the idea, but has noted policy guidance stating that harassment or abuse based on sexual orientation would be unacceptable in the military.

Despite this call, Polis stopped short of endorsing such an executive order for the U.S. military.

“The military is not my area of expertise,” Polis said. “I’ve been on the board of the Air Force Academy for two years. I’m learning a lot more about defense issues, but I don’t really have an opinion on that yet.”

While expressing skepticism about the chances for Ā federal progress on LGBT issues in this Congress, Polis was optimistic about the prospects for a pro-LGBT bill in his home state of Colorado: a measure that would legalize civil unions.

“It passed the Senate and has the governor’s support, so hopefully it’ll pass the House,” Polis said.

Polis said lawmakers are pursuing civil unions instead of same-sex marriage legislation because no lawmaker introduced a measure to expand marriage in the state to include gay couples.

Obama hasn’t come out in favor of same-sex marriage, although in December he said he’s been “wrestling” with the issue. Many LGBT advocates have been calling on the president to continue his evolution and back marriage equality.

Asked whether support for same-sex marriage from the president would open the door for gay nuptials in Colorado, Polis replied, “I think the president’s journey is similar to the journey of many people here in Colorado. Many people aren’t quite sure what to think on this issue.Ā They’ve come a long way from where they are or were a decade or two ago, and, of course, the younger generation is already there.”

“Just as the president is wrestling with this issue, many mainstream Americans are wrestling with this issue,” Polis added

Evaluating Obama’s work on LGBT issues as a whole, Polis said the president is “doing a great job” and emphasized Obama can’t enact legislation that members of the LGBT community have been pushing for on his own accord.

“Keep in mind that the president can’t initiate legislation,” Polis said. “It has to pass the House and the Senate. But with regard to his executive orders and his legal strategy — not defending [the Defense of Marriage Act] — I applaud his efforts. I think this administration has been working closely with the LGBT community on the issue of equality.”

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Leaders of terrorist group targeted ā€˜Black, immigrant, LGBT, Jewish peopleā€™

FBI arrests two leaders of ā€˜Terrogram Collectiveā€™

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The FBI and Justice Department arrested two men in connection with a terror plot targeting LGBT people, among others. (Photo by BILLPERRY/Bigstock)

In a little-noticed development, the FBI and the U.S. Department of Justice announced on Sept. 9 that federal prosecutors obtained indictments against two leaders of a U.S.-based terrorist group that allegedly was arranging for the murder of federal government officials and soliciting others to commit hate crimes against ā€œBlack, immigrant, LGBT, and Jewish people.ā€

The Sept. 9 announcement says Dallas Humber, 34, of Elk Grove, Calif., and Matthew Allison, 37, of Boise, Idaho, who are leaders of the Terrorgram Collective, a transnational terrorist organization, were charged in a 15-count indictment for ā€œsoliciting hate crimes, soliciting the murder of federal officials, and conspiring to provide material support for terrorists.ā€

It says the two men were arrested on Sept. 6, but it does not say where they were at the time of their arrest.

ā€œTodayā€™s indictment charges the defendants with leading a transnational terrorist group dedicated to attacking Americaā€™s critical infrastructure, targeting a hit list of our countryā€™s public officials, and carrying out deadly hate crimes ā€“ all in the name of violent white supremacist ideology,ā€ U.S. Attorney General Merrick Garland said in the announcement.

ā€œThis indictment charges the leaders of a transnational terrorist group with several civil rights violations, including soliciting others to engage in hate crimes and terrorist attacks against Black, immigrant, LGBT, and Jewish people,ā€ Assistant U.S. Attorney General Kristen Clarke said in the announcement. ā€œMake no mistake, as hate groups turn to online platforms, the federal government is adapting and responding to protect vulnerable communities,ā€ Clarke said.

U.S. Attorney for the Eastern District of California, Phillip A. Talbert, one of the prosecutors in the case, added in the announcement, ā€œThe defendants solicited murders and hate crimes based on the race, religions, national origin, sexual orientation, and gender identity of othersā€¦My office will continue to work tirelessly with our partners in law enforcement and in the Justice Department to investigate and prosecute those who commit such violations of federal criminal law.ā€

The announcement also says federal investigators determined Hunter and Alison helped to develop a ā€œhit listā€ of targets for terrorist attacks and hate crimes that included ā€œU.S. federal, state, and local officials, as well as leaders of private companies and non-government organizations, many of whom were targeted because of race, religion, national origin, sexual orientation, or gender identity.ā€

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The Washington Blade interviews President Joe Biden

Oval Office sit-down was the first for an LGBTQ newspaper

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President Joe Biden and Christopher Kane in the Oval Office on Sept. 12, 2024 (Washington Blade photo by Michael Key)

Writing about President Joe Biden’s legacy is difficult without the distance and time required to assess a leader of his stature, but what becomes clear from talking with him is the extent to which his views on LGBTQ rights come from the heart.

Biden leads an administration that has been hailed as the most pro-LGBTQ in American history, achieving major milestones in the struggle to expand freedoms and protections for the community.

Meanwhile, conservative elected officials at the local, state, and national levels have led an all-out assault against LGBTQ Americans ā€” especially those who are transgender, and especially transgender youth, who face an uncertain future with Donald Trump promising to strip them of their rights and reverse the gains of the past four years if he is elected in November.

Biden shared his thoughts and reflections on these subjects and more in a wide-ranging sit-down interview with the Washington Blade on Sept. 12 in the Oval Office, which marked the first time in which an LGBTQ newspaper has conducted an exclusive interview with a sitting U.S. president.

Looking back on the movement, the president repeatedly expressed his admiration for the “men and women who broke the back of the prejudice, or began to break the back” starting with those involved in the nascent movement for gay rights that was kicked off in earnest with the 1969 Stonewall Riots.

They “took their lives in their own hands,” Biden said. “Not a joke. It took enormous courage, enormous courage, and that’s why I’ve spent some time also trying to memorialize that,” first as vice president in 2016 when President Barack Obama designated a new national monument at the site of the historic uprising, and again this summer when speaking at the opening ceremony of the Stonewall National Monument Visitor Center.

“I think it set an example,” Biden said, not just in the U.S. but around the world.

Stonewall “became the site of a call for freedom and for dignity and for equality,” he said, and at a time when, “imagine ā€” if you spoke up, you’d be fired, or you get the hell beat out of you.”

The president continued, “I was really impressed when I went to Stonewall. And I was really impressed talking to the guys who stood up at the time. I think the thing that gets underestimated is the physical and moral courage of the community, the people who broke through, who said ā€˜enough, enough,ā€™ and they risked their lives. Some lost their lives along the way.”

Through to today, Biden said, “most of the openly gay people that have worked with me, that I’ve worked with, the one advantage they have is they tend to have more courage than most people have.”

“No, I’m serious,” he added, “I think you guys underestimate that.”

The president has spoken publicly about his deep respect and admiration for LGBTQ people, including the trans community, and trans youth, whom he has repeatedly said are some of the bravest people he knows.

A record-breaking number of LGBTQ officials are serving in appointed positions throughout the Biden-Harris administration. Among them are Transportation Secretary Pete Buttigieg, the first openly gay Senate-confirmed Cabinet member; Rachel Levine, the highest-ranking transgender appointee in history, who serves as assistant secretary for health at the U.S. Department of Health and Human Services; the first out White House communications director and press secretary, Ben LaBolt and Karine Jean-Pierre; and 11 federal judges (the same number of LGBTQ judicial nominees who were confirmed during the Obama-Biden administration’s two terms).

Even though “everyone was nervous,” Biden said, “I wanted an administration that looked like America,” adding, “all the LGBTQ+ people that have worked for me or with me have reinforced my view that it’s not what your sexual preference is, it’s what your intellectual capacity is and what your courage is.”

“I never sat down and said, ā€˜it’s going to be hard, man, she’s gay, or he’s gay,ā€™ or ā€˜she’s a lesbianā€™” he said, and likewise, “it wasn’t like the people I work with, I went, ā€˜God, I’m surprised theyā€™re competent as anybody else.'”

And then there is Sarah McBride, the Delaware state senator who is favored to win her congressional race in November, which would make her the first transgender U.S. member of Congress, a sign that “we’re on the right track,” Biden said.

A close friend of the Biden family, McBride worked for the president’s eldest son, Beau, who died from cancer in 2015. (As the Blade reported on Friday, Biden called to congratulate her on winning the Democratic primary race last week.)

While the president’s close personal and professional relationships with LGBTQ friends and aides has often been highlighted in the context of Biden’s leadership on efforts to expand freedoms and protections for the community, he credits first and foremost the values he learned from his father.

“I think my attitude about this, from the very beginning, was shaped by my dad,” Biden said. “You think I’m exaggerating, but my dad was a well-read guy who got admitted to college just before the war started” and in addition to being well educated was “a decent, decent, decent, honorable man.”

“My dad used to say that everyone’s entitled to be treated with dignity,” the president said, recalling a story he has shared before about a time when, as a teenager, he was surprised by the sight of two men kissing in downtown Wilmington, Del., and his father responded, “Joey, it’s simple. They love each other.”

“As a consequence of that, most of the things that I’ve done have related to just [what] I think is basic fairness and basic decency,” Biden said.

In his 2017 memoir, “Promise Me, Dad,” Biden writes that the country was too slow to understand “the simple and obvious truth” that LGBTQ people are “overwhelmingly good, decent, honorable people who want and deserve the same rights as anyone else.”

Plus, “It’s not like someone wakes up one morning says, ā€˜you know, I want to be transgender,ā€™ that’s what I want to do,” he said. “What do they think people wake up, decide one morning, ā€˜that’s what I wantedā€™ ā€” it’s a lot easier being gay, right?”

As vice president, Biden had pushed for the repeal of “Don’t Ask, Don’t Tell” and for the designation of a national monument to honor Stonewall, but he took a lot of heat ā€” along with a lot of praise from the LGBTQ community ā€” for voicing his support for same-sex marriage before Obama had fully come around to embracing that position.

His remarks came in the heat of the 2012 reelection campaign during an interview with NBC’s “Meet the Press.” Biden told the Blade he had just “visited two guys who had children” and “if you saw these two kids with their fathers, youā€™d walk away saying, ‘wait a minute, they’re good parents.ā€™”

At the event, a reception hosted by Michael Lombardo, an HBO executive, and Sonny Ward, an architect, Biden pointed to the children and said, ā€œThings are changing so rapidly, itā€™s going to become a political liability in the near term for someone to say, ā€˜I oppose gay marriage.ā€™ā€

Nevertheless, “I remember how everyone was really upset, except the president,” Biden said, when he told David Gregory, ā€œI am absolutely comfortable with the fact that men marrying men and women marrying women and heterosexual men and women marrying men and women are entitled to the same exact rights, all the civil rights, all the civil liberties and, quite frankly, I donā€™t see much of a distinction beyond that.”

It was a watershed moment. Obama would pledge his support for marriage equality three days later. And 10 years later, as president, Biden would sign the Respect for Marriage Act, a landmark bill codifying legal protections for married same-sex and interracial couples, rights that conservative U.S. Supreme Court Justice Clarence Thomas has expressed an interest in revisiting.

The president glanced at a print-out with bullet points, presumably a list of the various ways in which he and his administration have advanced LGBTQ rights over the past four years. “I forgot half the stuff I had done,” he said. “But you know, I’m just really proud of a lot of things we did.”

Ticking through some highlights, Biden started with the Respect for Marriage Act. “I was very proud” to sign the legislation, he said, with a ceremony in December 2022 that included Vice President Kamala Harris, first lady Jill Biden, and second gentleman Doug Emhoff.

Biden pointed to several advancements in health equity, such as the FDA’s decision to change “the law so that you could no longer discriminate against using the blood of a gay man or a gay woman,” progress in the national strategy to end HIV by 2030, an initiative coordinated by HHS, and a push to expand access to prophylactic drug regimens to protect against the transmission of HIV.

He added, “I directed the administration to promote human rights for LGBTQ [people] everywhere, particularly, for example, Uganda ā€” they want help from us; theyā€™ve got to change their policy, in terms of the discrimination.”

President Yoweri Museveni in May 2023 signed a law that carries a death penalty provision for ā€œaggravated homosexuality.ā€ The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Several of the administration’s pro-LGBTQ accomplishments and ongoing work address Republican-led efforts to restrict rights and freedoms. For instance, the president noted the importance of protecting in-vitro fertilization treatments, which are threatened by Trump “and his buddies” who were involved in Project 2025, the 900+ page governing blueprint that was drafted in anticipation of the former president’s return to the White House. The document contains extreme restrictions on reproductive healthcare and provisions that would strip away LGBTQ-inclusive non-discrimination rules.

“Fighting book bans” is another example, Biden said, adding, “I mean, come on, these guys want to erase history instead of make history.”

Last year, the president appointed an official to serve in the Education Department for purposes of advising schools on instances where their restrictions on reading material, which have been shown to disproportionately target content with LGBTQ characters or themes, may run afoul of federal civil rights law.

Before “Don’t Ask, Don’t Tell” was repealed, Biden said, “I spoke up when they were dismissing people, discharging people in the military because they were gay.” In 2021, just a few days after his inauguration, the president issued an executive order reversing the Trump administration’s ban on military service by transgender service members.

Lowering his voice for emphasis, Biden added, “They can shoot straight. They can shoot just as straight as anybody else.”

Other major pro-LGBTQ moves by the Biden-Harris administration include:

  • ā€¢ Issuance of a new Title IX policy prohibiting discrimination on the basis of sexual orientation and gender identity in public schools, educational activities, and programs;
  • ā€¢ A proposed rule from HHS that would protect LGBTQ youth in foster care;
  • ā€¢ Expansion of mental health services, including the establishment of a 988 suicide and crisis lifeline, which provides the option for callers to be connected with LGBTQ-trained counselors;.
  • ā€¢ Legal challenges of anti-trans state laws, such as those restricting access to health treatments;
  • ā€¢ Repeated pushback against these bills by the president and other officials like Jean-Pierre;
  • ā€¢ The president’s remarks reaffirming his support for the LGBTQ community, including in all of his State of the Union addresses;
  • ā€¢ The administration’s work tackling the mpox outbreak;
  • ā€¢ Expanded non-discrimination protections in the healthcare space;
  • ā€¢ Issuance of new guidelines allowing for changes to gender markers on official government-issued IDs;
  • ā€¢ Efforts to bring justice to veterans who were discharged other than honorably under discriminatory military policies, and;
  • ā€¢ ‘The biggest Pride month celebrations ever held at the White House.

“But the one thing I didn’t get done was the Equality Act,” Biden said, “which is important. important.”

The president and his administration pushed hard for Congress to pass the legislation, which would codify LGBTQ-inclusive nondiscrimination protections in areas from housing and employment to lending and jury service.

Biden raised the issue again when the conversation turned to his plans to stay involved after January 2025. “Look,” he said, “when a person can get married” to a spouse of the same sex but might “show up at a restaurant and get thrown out of the restaurant because they’re LGBTQ, that’s wrong.”

“That’s why we need the Equality Act,” Biden said. “We need to pass it. So, I’m going to be doing everything I can to be part of the outside voices, and I hope my foundations that I will be setting back up will talk about equality across the board.”

“Lawmakers, aides, and advocates say that significant obstacles to progress on the Equality Act remain, including polarized views on how to protect the rights of religious institutions that condemn homosexuality and Republicansā€™ increasing reliance on transgender rights as a wedge issue,” the Washington Post wrote in 2021, after the bill was passed by the House but left to languish in the Senate.

On LGBTQ issues more broadly, Biden said, “I think there are a lot of really good Republicans that I’ve served with, especially in the Senate, who don’t have a prejudiced bone in their body about this but are intimidated.”

“Because if you take a position, especially in the MAGA Republican Party now, you’re going to be ā€” they’re going to go after you,” he added. “Trump is a different breed of cat. I mean, I don’t want to make this political, but everything he’s done has been anti, anti-LGBTQ, I mean, across the board.”

Project 2025, the president said, “is just full of nothing but disdain for the LGBTQ community. And you have Clarence Thomas talking about, when the decision was made [to overturn] Roe v Wade, that maybe we should consider changing the right of gays to marry ā€” I mean, things that are just off the wall ā€” just pure, simple, prejudice.”

“What I do worry about is I do worry about violence,” Biden said. “I do worry about intimidation. I do worry about what the MAGA right will continue to try to do, but I’m going to stay involved.”

“I’m going to remain involved in all the civil liberties issues that I have worked for my whole life.”

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How data helps ā€”Ā and hurts ā€” LGBTQ communities

ā€˜Even when we prove we exist, we don’t get the resources we needā€™

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ā€˜To convince people with power, especially resource allocation power, you need to have data,ā€™ says MIT professor Catherine Dā€™Ignazio.

When Scotland voted to add questions about sexuality and transgender status to its census, and clarified the definition of ā€œsex,ā€ it was so controversial it led to a court case.

It got so heated that the director of Fair Play for Women, a gender-critical organization, argued: ā€œExtreme gender ideology is deeply embedded within the Scottish Government, and promoted at the highest levels including the First Minister.ā€

Data, like the census, ā€œis often presented as being objective, being quantitative, being something that’s above politics,ā€ says Kevin Guyan, author of ā€œQueer Data.ā€

Listening to the deliberations in parliament breaks that illusion entirely. ā€œThere’s a lot of political power at play here,ā€ says Guyan, ā€œIt’s very much shaped by who’s in the room making these decisions.ā€

Great Britain has been a ā€˜hotspotā€™ for the gender-critical movement. ā€œYou just really revealed the politics of what was happening at the time, particularly in association with an expanded anti-trans movement,ā€ explains Guyan.

Ultimately, the LGBTQ community was counted in Scotland, which was heralded as a historic win.

This makes sense, says Amelia Dogan, a research affiliate in the Data plus Feminism Lab at MIT. ā€œPeople want to prove that we exist.ā€ 

Plus, there are practical reasons. ā€œTo convince people with power, especially resource allocation power, you need to have data,ā€ says Catherine D’Ignazio, MIT professor and co-author of the book ā€œData Feminism.ā€ 

When data isnā€™t collected, problems can be ignored. In short, Dā€™Ignazio says, ā€œWhat’s counted counts.ā€ But, being counted is neither neutral nor a silver bullet. ā€œEven when we do prove we exist, we don’t get the resources that we need,ā€ says Dogan.

ā€œThere are a lot of reasons for not wanting to be counted. Counting is not always a good thingā€ they say. Dā€™Ignazio points to how data has repeatedly been weaponized. ā€œThe U.S. literally used census data to intern Japanese people in the 1940s.ā€ 

Nell Gaither, president of the Trans Pride Initiative, faces that paradox each day as she gathers and shares data about incarcerated LGBTQ people in Texas. 

ā€œData can be harmful in some ways or used in a harmful way,ā€ she says, ā€œthey can use [the data] against us too.ā€ She points to those using numbers of incarcerated transgender people to stoke fears around the danger of trans women, even though itā€™s trans women who face disproportionate risk in prison.

This is one of the many wrinkles the LGBTQ community and other minority communities face when working with or being represented by data.

There is a belief by some data scientists that limited knowledge of the subject is OK. D’Ignazio describes this as the ā€œhubris of data scienceā€ where researchers believe they can make conclusions solely off a data set, regardless of background knowledge or previous bodies of knowledge. 

ā€œIn order to be able to read the output of a data analysis process, you need background knowledge,ā€ Dā€™Ignazio emphasizes. 

Community members, on the other hand, are often primed to interpret data about their communities. ā€œThat proximity gives us a shared vocabulary,ā€ explains Nikki Stevens, a postdoctoral researcher in Dā€™Ignazioā€™s Data plus Feminism lab.Ā 

It can also make more rich data. When Stevens was interviewing other members of the transgender community about Transgender Day of Remembrance, they realized we ā€œthink more complicated and more meaningful thoughts, because we’re in community around it.ā€Ā 

Community members are also primed to know what to even begin to look for.

A community may know about a widely known problem or need in their community, but they are invisible to institutions. ā€œIt’s like unknown to them because they haven’t cared to look,ā€ says Dā€™Ignazio.

That is how Gaither got involved in tracking data about incarcerated LGBTQ people in Texas in the first place.

Gaither received her first letter from an incarcerated person in 2013. As president of the Trans Pride Initiative, Gaither had predominately focused on housing and healthcare for trans people. The pivot to supporting the LGBTQ incarcerated community came out of needā€”trans prisoners were not given access to constitutionally mandated healthcare

Gaither sought a legal organization to help, but no one stepped inā€”they didnā€™t have expertise. So, Gaither figured it out herself.

As TPI continued to support incarcerated, queer Texans, the letters kept rolling in. Gaither quickly realized her correspondences told a story: definable instances of assault, misconduct, or abuse. 

With permission from those she corresponded with and help from volunteers, Gaither started tracking it. ā€œWeā€™re hearing from people reporting violence to us,ā€ says Gaither, ā€œwe ought to log these.ā€ TPI also tracks demographic information alongside instances of abuse and violence, all of which are publicly accessible

ā€œIt started off as just a spreadsheet, and then it eventually grew over the years into a database,ā€ says Gaither, who constructed the MySQL database for the project. 

Gaitherā€™s work especially focuses on the Prison Rape Elimination Act (PREA), which ostensibly includes specific protections for transgender people. 

To be compliant with PREA, prisons must be audited once every three years. Numerous investigations have shown that these audits are often not effective. TPI has filed numerous complaints with the PREA Resource Center, demonstrating inaccuracies or bias, in addition to tracking thousands of PREA-related incidents. 

ā€œWe are trying to use our data to show the audits are ineffective,ā€ says Gaither.

Gaither has been thinking about data since she was a teenager. She describes using a computer for the first time in the 1970s and being bored with everything except for dBASE, one of the first database management systems. 

ā€œEver since then, I’ve been fascinated with how you can use data and databases to understand what your work with data,ā€ Gaither says. She went on to get a masterā€™s in Library and Information Sciences and built Resource Center Dallasā€™s client database for transgender health.

But gathering, let alone analyzing, and disseminating data about queer people imprisoned in Texas has proven a challenge.

Some participants fear retaliation for sharing their experiences, while others face health problems that make pinpointing exact dates or times of assaults difficult.

And, despite being cited by The National PREA Resource Center and Human Rights Clinic at the University of Texas School of Law, Gaither still faces those who think her data ā€œdoesn’t seem to have as much legitimacy.ā€ 

Stevens lauds Gaitherā€™s data collection methods. ā€œTPI collect their data totally consensually. They write to them first and then turn that data into data legible to the state and in the service of community care.ā€Ā 

This is a stark contrast to the current status quo of data collection, says Dogan, ā€œpeople, and all of our data, regardless of who you are, is getting scraped.ā€ Data scraping refers to when information is imported from websites ā€“ like personal social media pages ā€“ and used as data.

AI has accelerated this, says Dā€™Ignazio, ā€œitā€™s like a massive vacuum cleaning of data across the entire internet. Itā€™s this whole new level and scale of non-consensual technology.ā€ 

Gaitherā€™s method of building relationships and direct correspondence is a far cry from data scraping. Volunteers read, respond to, and input information from every letter. 

Gaither has become close to some of the people with whom sheā€™s corresponded. Referring to a letter she received in 2013, Gaither says: ā€œI still write to her. Weā€™ve known each other for a long time. I consider her to be my friend.ā€

Her data is queer not simply in its content, but in how she chooses to keep the queer community centered in the process. ā€œI feel very close to her so that makes the data more meaningful. It has a human component behind it,ā€ says Gaither.

Guyan says that data can be seen as a ā€œcurrencyā€ since it has power. But he emphasizes that ā€œpeople’s lives are messy, they’re complicated, they’re nuanced, they’re caveated, and a data exercise that relies on only ones and zeros canā€™t necessarily capture the full complexity and diversity of these lives.ā€ 

While Gaither tallies and sorts the incidents of violence, so it is legible as this ā€œcurrency,ā€ she also grapples with the nuance of the situations behind the scenes. ā€œIt’s my family that I’m working with. I think it makes it more significant from a personal level,ā€ says Gaither.

Guyan explains that queer data is not just about the content, but the methods. ā€œYou can adopt a queer lens in terms of thinking critically about the method you use when collecting, analyzing, and presenting all types of data.ā€ 

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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