National
In historic week, a chorus of support for marriage equality
NFL players, major corporations, politicians denounce DOMA, Prop 8
A slew of legal briefs ā signed by parties ranging from NFL players to LGBT advocates to businesses ā were filed this week before the U.S. Supreme Court in lawsuits challenging California’s Proposition 8 and the Defense of Marriage Act.
During a news conference held on Thursday by the Respect for Marriage Coalition, a number of parties that filed briefs in the cases spoke out on why they were calling on the Supreme Court to issue rulings striking down Prop 8 and DOMA.
Mike Neubacker, a self-avowed devout Christian from Michigan, held back tears as he explained why he penned his name to a brief against Prop 8 filed by the LGBT group PFLAG. He and his wife, Janice, signed the brief on behalf of his son Lee, his spouse David and their two children.
“I met a lot of people in PFLAG, and signed on to this brief also knowing all the people that helped me besides my own family,”Ā Neubacker said. “For me, marriage, when I say that I’ve been married 41 years to my wife, I usually get applause if I’m speaking somewhere because there’s that respect for marriage that’s understood. Right away, they immediately know the relationship and what we meant to each other. I want Lee and David to have that same recognition when they say they’re married.”
Gay former Rep. Jim Kolbe of Arizona was among the 131 Republicans who signed another brief against Prop 8Ā ā which was also signed by former Republican presidential candidate Jon Huntsman, former California gubernatorial candidate Meg Whitman, director Clint Eastwood as well as Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.). He also spoke at the news conference in terms of DOMA’s impact on bi-national same-sex couples.
“My partner is from Panama,” Kolbe said. “He’s been here for a number of years. He’s a Fulbright scholar, master’s degree in special education, bilingual education specialist, but our getting married does not permit the right to immigrate to this country, so our struggle to get immigration for him has been a long and very difficult one for him.”
Two separate briefs were filed in the DOMA case and the Prop 8 case that were signed by a number of LGBT advocacy groups, including the Human Rights Campaign, the National Center for Lesbian Rights, the National Gay & Lesbian Task Force, the Courage Campaign and the Center for American Progress, as well as other civil rights groups such as the National Council of La Raza and the National Immigration Forum.
Both briefs argue that Prop 8 and DOMA should be ruled unconstitutional because laws related to sexual orientation merit heightened scrutiny in the courts.
“Amici urge the Court to hold that classifications based on sexual orientation are subject to heightened scrutiny, so that governments cannot use invented, after-the-fact rationalizations to mask and justify discrimination based on prejudice, antipathy, or baseless stereotypes,” the Prop 8 brief states. “Discrimination based on sexual orientation bears the same essential hallmarks as other kinds of discrimination that have long received heightened scrutiny, and it should be treated no differently under the law.”
Gay & Lesbian Advocates & Defenders and Lambda Legal, which had filed their cases against DOMA that didn’t reach the Supreme Court, also filed their own brief in the case challenging the 1996 anti-gay law.
That 39-page brief also maintains DOMA should be subject to heightened scrutiny, but also argues the law would fail under a lower standard of rational basis review.
“DOMA bears each of the various indicia the Court has considered when it has invalidated laws under rational basis review,” the brief states. “DOMA both targets a group disliked at the time of its passage and impacts important personal interests. It arose not out of the usual process of allocating federal rights and benefits but as a one-time departure from the traditional method of predicating eligibility for federal marriage-based protections on a coupleās marital status under state law.”
Another brief was filed in the Prop 8 case by National Football League players known for their support for marriage equality: Chris Kluwe, punter for the Minnesota Vikings, and Brendon Ayanbadejo, linebacker for the Super Bowl champion Baltimore Ravens.
The football players argue that professional sports play a major role in shaping public opinion and Prop 8 should be ruled unconstitutional because the earlier decision from the U.S. Ninth Circuit Court of Appeals striking down the measure is consistent with the constitution.
“The NFL, NHL, MLB, and NBA, at the league level, team level, and individual level, are finally speaking out against homophobia and intolerance of LBGTQ individuals,” the brief states. “More and more of us realize that using demeaning slur words like ‘faggot,’ ‘queer,’ and ‘gay’ can have serious, negative consequences.”
The deadline for filing in the Prop 8 case was Thursday and the deadline for filing in the DOMA case was Friday. In the Prop 8 case, oral arguments are set for March 26; they’re set the day after on March 27 in the DOMA case. Justices are expected to render a decision before their term ends in June.
A list of other friend-of-the-court briefs filed in the Prop 8 and DOMA cases follows. The Washington Blade has written more extensive articles on some of these briefs already.
Friend-of-the-court briefs against Prop 8
ā¢ Amid calls from LGBT advocates, the Obama administration a filed legal brief against California’s same-sex marriage ban. The brief focuses on the unconstitutionality of Prop 8, but Obama himself said the reasoning in the brief could be applied to other laws.
ā¢ A “red” state coalition of groups that operate where same-sex marriage is illegal ā ranging from the Utah Pride Center, to the Campaign for Southern Equality, to Equality Virginia ā filed a brief arguing that both Prop 8 and DOMA should be subject to heightened scrutiny.
ā¢ A coalition of state attorneys general, including Connecticut Attorney General George Jepsen, D.C. Attorney General Irvin Nathan, Illinois Attorney General Lisa Madigan, filed another brief against Prop 8.
ā¢ California Gov. Jerry Brown (D), who has declined to defend Prop 8 in court, also filed a brief calling on the court to strike down the measure.
ā¢Ā Gay California Assembly Speaker John Perez ā who’s reportedly on Obama’s short list as the next labor secretary ā filed with law professors a brief against Prop 8 arguing that laws preventing equal political participation merit heightened scrutiny.
ā¢ Equality California filed a brief against Prop 8 with a different focus, arguing that proponents of the measure don’t have standing to defend the law in court.
ā¢ The libertarian think-tank known as the Cato Institute joined the Constitutional Accountability Center filed a brief arguing that Prop 8 violates equal protection under the U.S. Constitution.
Friend-of-the-court briefs against DOMA
ā¢Ā 212 congressional Democrats filed a brief against DOMA, marking the first time ever that House and Senate lawmakers have joined together in calling the anti-gay law unconstitutional.
ā¢ The LGBT military group OutServe-SLDN filed a brief against DOMA emphasizing the harm it causes gay service members with same-sex partners.
ā¢ A coalition of 278 of municipalities and businesses, including Google, Twitter and Microsoft, filed a brief maintaining DOMA is unconstitutional because it requires employers to discriminate against married gay employees.
ā¢ The Family Equality Council and the Gay, Lesbian & Straight Education Network filed a brief with allied organizations against both DOMA and Prop 8.
ā¢ The American Bar Association filed a brief asking the U.S. Supreme Court to consider the āserious obstaclesā that DOMA imposes on lawyersā clients who are same-sex couples legally married under state law.
ā¢ The Gay & Lesbian Medical Association filed briefs in both the Prop 8 and DOMA cases highlighting for the justices the scientific and clinical evidence that sexual orientation is an innate human characteristic.
ā¢ Trevor Potter, gay adviser to John McCain’s 2008 presidential campaign and author of McCain-Feingold, signed a brief against DOMA filed by former federal election commissioners. That brief argues DOMA ā when superimposed onto federal campaign finance law ā legally bars married gays and lesbians from political expression and association opportunities that are afforded to other married citizens.
Michael K. Lavers contributed to this report.
National
Leaders of terrorist group targeted āBlack, immigrant, LGBT, Jewish peopleā
FBI arrests two leaders of āTerrogram Collectiveā
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 āBlack, 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 āsoliciting 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.
āTodayās indictment charges the defendants with leading a transnational terrorist group dedicated to attacking Americaās critical infrastructure, targeting a hit list of our countryās 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.
āThis 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. āMake 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, āThe 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 āhit listā of targets for terrorist attacks and hate crimes that included āU.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
The White House
The Washington Blade interviews President Joe Biden
Oval Office sit-down was the first for an LGBTQ newspaper
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 āenough, 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, āit’s going to be hard, man, she’s gay, or he’s gay,ā or āshe’s a lesbianā” he said, and likewise, “it wasn’t like the people I work with, I went, āGod, I’m surprised theyāre 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, āyou 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, āthat’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, youād 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, āThings are changing so rapidly, itās going to become a political liability in the near term for someone to say, āI oppose gay marriage.āā
Nevertheless, “I remember how everyone was really upset, except the president,” Biden said, when he told David Gregory, āI 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 donāt 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; theyāve 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 āaggravated 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.”
National
How data helps āĀ and hurts ā LGBTQ communities
āEven when we prove we exist, we don’t get the resources we needā
When Scotland voted to add questions about sexuality and transgender status to its census, and clarified the definition of āsex,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: āExtreme gender ideology is deeply embedded within the Scottish Government, and promoted at the highest levels including the First Minister.ā
Data, like the census, āis often presented as being objective, being quantitative, being something that’s above politics,ā says Kevin Guyan, author of āQueer Data.ā
Listening to the deliberations in parliament breaks that illusion entirely. āThere’s a lot of political power at play here,ā says Guyan, āIt’s very much shaped by who’s in the room making these decisions.ā
Great Britain has been a āhotspotā for the gender-critical movement. āYou 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. āPeople want to prove that we exist.ā
Plus, there are practical reasons. āTo 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 āData Feminism.ā
When data isnāt collected, problems can be ignored. In short, DāIgnazio says, āWhat’s counted counts.ā But, being counted is neither neutral nor a silver bullet. āEven when we do prove we exist, we don’t get the resources that we need,ā says Dogan.
āThere are a lot of reasons for not wanting to be counted. Counting is not always a good thingā they say. DāIgnazio points to how data has repeatedly been weaponized. āThe 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.
āData can be harmful in some ways or used in a harmful way,ā she says, āthey 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 itās 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 āhubris of data scienceā where researchers believe they can make conclusions solely off a data set, regardless of background knowledge or previous bodies of knowledge.
āIn order to be able to read the output of a data analysis process, you need background knowledge,ā DāIgnazio emphasizes.
Community members, on the other hand, are often primed to interpret data about their communities. āThat proximity gives us a shared vocabulary,ā explains Nikki Stevens, a postdoctoral researcher in DāIgnazioās 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 āthink more complicated and more meaningful thoughts, because we’re in community around it.āĀ
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. āIt’s like unknown to them because they haven’t cared to look,ā says DāIgnazio.
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 needātrans prisoners were not given access to constitutionally mandated healthcare.
Gaither sought a legal organization to help, but no one stepped ināthey didnāt 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. āWeāre hearing from people reporting violence to us,ā says Gaither, āwe ought to log these.ā TPI also tracks demographic information alongside instances of abuse and violence, all of which are publicly accessible.
āIt 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.
Gaitherās 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.
āWe 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.
āEver 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 masterās in Library and Information Sciences and built Resource Center Dallasās 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 ādoesn’t seem to have as much legitimacy.ā
Stevens lauds Gaitherās data collection methods. āTPI 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.āĀ
This is a stark contrast to the current status quo of data collection, says Dogan, āpeople, 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 DāIgnazio, āitās like a massive vacuum cleaning of data across the entire internet. Itās this whole new level and scale of non-consensual technology.ā
Gaitherās 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 sheās corresponded. Referring to a letter she received in 2013, Gaither says: āI still write to her. Weāve 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. āI 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 ācurrencyā since it has power. But he emphasizes that āpeople’s lives are messy, they’re complicated, they’re nuanced, they’re caveated, and a data exercise that relies on only ones and zeros canāt 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 ācurrency,ā she also grapples with the nuance of the situations behind the scenes. āIt’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. āYou 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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