National
SPECIAL REPORT In their own words: elders facing poverty, ageism
Older LGBT adults on unemployment, fears for future
Editor’s note: This is the second of a two-part look at how poverty affects elder members of the LGBT community and part of a yearlong Blade focus on poverty. To share your ideas or personal story, visit us on Facebook or email [email protected]. Click here to read previous installments.
Today — and every day for the next 16 years — 10,000 baby boomers, members of the generation born between 1946 and 1964, will turn 65, according to the Pew Research Center. About 1.5 million gay, lesbian and bisexual elders in the United States are gay. By 2030, that number is expected to increase to nearly 3 million, according to a report by Services and Advocacy for GLBT Elders (SAGE), the Movement Advancement Project and Center for American Progress.
One in six Americans over 65 lives in poverty, according to the Congressional Research Service.
“For LGBT older adults, a lifetime of employment discrimination, among other factors, contribute to disproportionately high poverty rates,” the SAGE website states.
LGBT elders living in or near poverty aren’t just statistics. The Blade interviewed several LGBT elders, aged 50 and older, from St. Louis to Chicago to New York City to Washington, D.C. Here are their stories:
A little peanut butter, maybe some pizza or Ramen noodles is a typical meal for Robyn Sullivan, a 57-year-old transgender woman living in New York City, who struggles to pull together $25 a week for food. In the past, she’s lived in homeless shelters. Now, she lives in a cockroach infested third floor walk-up with four gender non-conforming struggling artists.
“This is the hardest place in the country to live if you don’t make tons of money,” said Sullivan, who suffers from clinical depression and arthritis. “They wanted me to work one day a week for eight hours at a construction site with my limitations to qualify for $190 of food stamps. Working there would be too dangerous.”
Her plight is common among transgender people, Sullivan said. “Dealing with transphobia is nothing I can win at.”
In the 1990s, Sullivan was a skilled software project manager. “I used to make six figures,” she said. “When I was living as a white male professional, I was getting privilege far beyond what any human being deserves. Then I needed to transition and there was the downturn in Silicon Valley.”
After a couple of years, her savings were gone.
“As you go along into poverty, there are things that make people avoid you,” said Sullivan, who now works part-time as a receptionist for SAGE. “I wasn’t hired for a job around the corner from here. They said I wasn’t trustworthy because I lived in a homeless shelter,” she said.
Sullivan encounters not only transphobia but ageism. “When you’re past 50, no company with a retirement plan will hire you,” Sullivan said.
Even with all that she endures, Sullivan says she doesn’t harbor regrets. “When I came out as a trans woman, I felt like I was the woman I was,” she said. “I chose to stop living a lie. Knowing what I know now, I doubt I would have done anything differently.”
It’s not always been as good for him as it is now, 70-year-old Roger Beyers of Chicago told the Blade. But “nobody ever said, life’s going to be a bed of roses,” he said.
Beyers, who retired at 66 after working for 40 years for Jewel, a Chicago area grocer, is HIV positive.
“My income is less than $12,000 per year,” he said. “My housing is subsidized by Chicago House. Before I was admitted to Chicago House, I was on the verge of homelessness. I’m on Medicare and Medicaid.”
Medicaid pays for his HIV medication, Beyers said. “If I had to pay for it, it would cost $18,000. I couldn’t afford it,” he said. “If it were to collapse, I’d be in a fragile position.”
Though he struggles with issues of economic insecurity, he feels that he’s overcoming some of them, Beyers said. He recently started a part-time internship with the Center on Halsted in Chicago.
“My financial situation has dramatically changed,” Beyers said. “There’s a world of difference between living on Social Security and having money left over at the end of the month.”
For one day a week at the Center, he assists with an HIV counseling hotline. “I love it,” Beyers said. “I can say to an HIV-positive person: ‘I’ve been there, done that and survived it all.’”
He finds strength and joy from his boyfriend Eduardo. “A shout-out for my boyfriend! I may end up marrying this man,” he said.
Mary Paradise, 62, a Capital Pride board member and Washington, D.C. resident, has been looking for work for more than a year. She worked as a nurse for 42 years. Paradise, while working as a health marketing consultant, was laid off due to downsizing. Throughout her job search, she’s often encountered ageism, Paradise said.
“They never say ‘you’re too old.’ They say, ‘we want someone who graduated more recently’ or ‘you’re over qualified,’” she said. “I say to them, ‘you must want someone who’s younger.’”
It gets discouraging, Paradise said. She’s used up her savings and in three months her unemployment benefits will run out, unless Congress extends the benefits. “It gets scary,” Paradise said, “it’s a humbling experience. I’ve worked all my life. For Congress to think I’m lazy is insulting.”
But Paradise is optimistic. She volunteers at her church. “My faith is such that I believe I will be taken care of if I just keep moving forward,” she said. “I have friends who are wonderfully supportive. I have some job leads. Something will come my way that’s a perfect fit.”
Like many baby boomers, Barbara Woodruff, 64, of St. Louis thought that she had plenty of money put away for retirement. But like far too many people, especially lesbians, she found herself with no savings when she reached retirement age, Woodruff said. She gets by on her monthly $633 Social Security check. Fortunately, Woodruff says, she has Medicare and Medicaid.
“Thank God, that paid for my medication when my thyroid went haywire,” she said. “I’m fortunate. I pay $202 in rent for a nice one-bedroom apartment. It’s HUD-subsidized through the Cardinal Ritter Senior Services housing program.”
Woodruff’s partner of 20 years died in a boating accident in 1988. “When she passed, I lost the house. It was in her name. We didn’t think about those things then,” she said.
Over the years, Woodruff has done everything from working in a nursing recruitment office to running, with a business partner, an event designing business to clerking at a convenience store. “You do what you have to do to put food on the table,” she said.
For several years, Woodruff stopped working to take care of her now deceased mother. “Her Social Security was very little. But I’d do it again,” she said.
Because of her low income, Woodruff doesn’t go out to eat much. “The LGBT community is very supportive here. There’s a great lesbian hangout. I like to see my friends there. I can’t afford to go there now,” she said. “I eat less meat and a lot more fresh fruit and veggies for my health — meat’s expensive.”
Without the social safety net of health insurance and her housing subsidy, she doesn’t know if she’d be alive, Woodruff said.
“I wouldn’t do myself in,” she said. “My friends would make sure I’d have a place to live. I’d be grateful to have a room in their house. But it wouldn’t be my home.”
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.
The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.
When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.
The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows “derisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”
The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that “it is not clearly established that all drag shows are inherently expressive.”
Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on “text, history and tradition.”
Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.
Federal Government
EXCLUSIVE: USAID LGBTQ coordinator visits Uganda
Jay Gilliam met with activists, community members from Feb. 19-27
U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.
Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.
Gilliam met with LGBTQ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.
Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.”
“I really wanted to meet with community members and understand the impacts on them,” he said.
Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.”
The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.
“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.
“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.
Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.
“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.
Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.
Reported cases of violence and eviction, for example, are higher among gay men and transgender women. Gilliam noted lesbian, bisexual and queer women and trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.
US sanctioned Ugandan officials over Anti-Homosexuality Act
The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.
The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.” The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act.
Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.
Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act.
Gilliam noted authorities have arrested and charged Ugandans under the law.
Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.
The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.
“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”
The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ Ugandans with whom he met described the law “as just one moment.”
“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.”
Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.
“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.
Texas
Pornhub blocks Texas accessing site over age verification law
Court battle forced statute to take effect
Aylo (formerly MindGeek) the largest global adult online entertainment conglomerate, owned by Canadian private equity firm Ethical Capital Partners, has restricted access to its platforms including its flagship Pornhub in Texas after a court battle forces the state’s age verification law to take effect.
Texas Republican Attorney General Ken Paxton had appealed a U.S. District Court decision that enjoined him from enforcing House Bill 1181. Paxton and others argued that purveyors of obscene materials online needed to institute reasonable age-verification measures to safeguard children from pornography.
A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.
“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” the three judge panel of the 5th Circuit explained. “Therefore, the age-verification requirement does not violate the First Amendment.”
While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower court’s injunction against a separate section of the law that would require pornography websites to display a health warning on their landing page and all advertisements.
The Houston Chronicle reported people who go to the site are now greeted with a long message from the company railing against the legal change as “ineffective, haphazard, and dangerous.” The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites.
Age verification legislation was enacted in several states in 2023 in addition to Texas, including North Carolina, Montana, Arkansas, Louisiana, Mississippi, Utah and Virginia.
The new laws require users to provide digital confirmation via a certified approved third party vendor like London-based digital identity company Yoti. The other possibility would be a state approved digital ID such as the California DMV’s Wallet app, which contains a mobile driver’s license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the state’s digital ID system, known as LA Wallet. The law passed in 2022 subjects adult websites to damage lawsuits and state civil penalties as high as $5,000 a day if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driver’s licenses or other methods.
The Associated Press reported this past October that an adult entertainment group’s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed by U.S. District Judge Susie Morgan in New Orleans.
Potential or existing Pornhub users in North Carolina and Montana are directed to a video that features adult film star Cherie DeVille, who recites a message also written under the video.
“As you may know, your elected officials in your state are requiring us to verify your age before allowing you access to our website. While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and in fact, will put children and your privacy at risk.”
“Mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,” the statement continues. “As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.”
“Until a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]” the message ends with.
The company previously blocked Utah on May 7, 2023. CNN reported at the time:
Affected users are shown a message expressing opposition to Senate Bill 287, the Utah law signed by Gov. Spencer Cox in March that creates liability for porn sites that make their content available to people below the age of 18.
“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,” the message said. “While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.”
Courthouse News reported that after Virginia’s bill was passed in June, state Sen. L. Louise Lucas, a Democrat, criticized the state for not creating a system for age verification, and instead leaving it up to websites to manage the process, citing security risks.
“We passed a bill during this session to protect children from online porn. However the executive branch had an obligation to create a system for age verification,” Lucas said on X, formerly Twitter. “We will continue our work to keep pornography out of the hands of minors … but we will also work to ensure that this Governor’s error does not put the privacy of Virginians at further risk.”
Beyond the U.S. in the European Union, Pornhub and two more of the world’s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EU’s Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EU’s executive branch.
They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products, the Associated Press reported last month.
In addition to the adult entertainment websites, any violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.