ITHACA, NY. – Cornell University’s What We Know Project in conjunction with a coalition of leading LGBTQ rights groups last month published a comprehensive curation of data on studies that chart the intersection of anti-LGBTQ and racial discrimination.
The findings found that discrimination inflicts profoundly greater harm on LGBTQ people of color in a wide range of areas, including grossly disproportionate rates of: experiencing discrimination over the past year, poorer mental and physical health, greater economic insecurity, and attempts to die by suicide.
In addition, LGBTQ people of color are more likely than white LGBTQ people to live in states without protections against discrimination and that state anti-LGBTQ laws harm LGBTQ people.
“This research brief makes clear the tangible harms that discrimination inflicts on LGBTQ people of color, and the urgent need for public policy that reflects what the research tells us about how we can reduce those harms,” said Dr. Nathaniel Frank, the study’s author.
LGBTQ people are more likely than non-LGBTQ people to be people of color, and Black LGBTQ Americans are disproportionately likely to live in states without protections against discrimination. For example, 42% of LGBT people are people of color compared to 32% of non-LGBT people and the majority of Black LGBT Americans live in the South (51.4%, more than twice the share of any other region), where most states lack anti-discrimination protections.
LGBTQ people of color face higher odds of discrimination than both non-LGBTQ individuals and LGBTQ white people. For example, LGBTQ people of color are more than twice as likely to experience anti-LGBTQ discrimination (slurs or other verbal abuse) when applying for jobs than white LGBTQ individuals (32% vs. 13%). LGBTQ people of color are more than twice as likely as white LGBTQ people to experience anti-LGBTQ discrimination when interacting with the police (24% vs. 11%).
Black LGBT Americans are more likely to experience economic insecurity than Black non-LGBT Americans. For example, the majority of Black LGBT people (56%) live in low-income households (below 200% of the federal poverty level) compared to 49% of Black non-LGBT Americans, and Black LGBT adults are also more likely to experience food insecurity than Black non-LGBT adults (37% compared to 27%).
Hundreds of studies conclude that experiencing anti-LGBTQ discrimination increases the risks of poor mental and physical health, including depression, anxiety, suicidality, PTSD, substance use, and psychological distress.
LGBTQ people of color face disproportionate odds of suicidality, which is linked to discrimination. For example, while 12% of white LGBTQ youth attempted suicide, the rate is 31% for LGBTQ Native/Indigenous youth, 21% for LGBTQ Black youth, and 18% of LGBTQ Latinx youth.
While supportive laws, family, and peers lower the risk of poor health outcomes for LGBTQ people of color, anti-LGBTQ state laws inflict tangible harm on sexual minority populations. For example, states with “denial of service” laws that give license to discriminate against LGBT residents between 2014 and 2016 were linked with a 46% increase in LGBT mental distress. Black LGBTQ youth who reported high levels of support from at least one person, or who had access to an LGBTQ-affirming space, reported attempting suicide at lower rates than those who lacked such support (16% vs. 24%).
Supportive laws, family, and peers lower the risk of poor health outcomes for LGBTQ people of color.
• Suicide attempts by LGBT youth dropped by 7 percent in states that legalized same-sex marriage.22
• The corollary is that anti-LGBTQ state laws inflict tangible harm on sexual minority populations. States with “denial of service” laws that give license to discriminate against LGBT residents were linked with a 46% increase in LGBT mental distress.23
• Black LGBTQ youth who reported high levels of support from at least one person, or who had access to an LGBTQ-affirming space, reported attempting suicide at lower rates than those who lacked such support (16% vs. 24%). Those with high levels of family support had rates of past-year attempted suicide nearly one third as high as those who lacked such support (22% vs. 8%).24
• Protective measures that have been found to help reduce anxiety, depression, and suicidality among LGBTQ youth include: Establishing inclusive practices and anti-discrimination policies; peer, community, and family support, including dedicated school groups; access to affirmative mental health and social services; societal confrontation of attitudes and norms that exacerbate minority stress; and practitioner training and interventions designed to disrupt negative coping responses and build resilience.
Experiencing discrimination is associated with greater odds of harm to psychological and economic well-being, which is reflected in data on disparities for LGBTQ people of color.
• Hundreds of studies conclude that experiencing anti-LGBTQ discrimination increases the risks of poor mental and physical health, including depression, anxiety, suicidality, PTSD, substance use, and psychological distress.
• LGBT people of color have work-place experiences that are more negative than those of white LGBT employees, reporting that their success and work-life balance are fostered less extensively, they have less transparent evaluations, and they are respected less by supervisors.
• Among LGBTQ people surveyed, 51% of Black respondents say discrimination harms their ability to be hired, compared with 33% of white respondents; 41% say it has an impact on their ability to retain employment, compared with 31% of white respondents; 77% of Black respondents report that discrimination impacts their psychological well-being, a rate nearly 50% higher than the total LGBTQ survey population.
• While racial discrimination on its own is not associated with mental health disorders, the combination of racial discrimination with gender and/or sexual orientation discrimination is significantly associated with increased odds of a past-year mental health disorder.
LGBTQ people of color face disproportionate odds of suicidality, which is linked to discrimination.
• Around 25% of LGBTQ youth of all races have attempted suicide, but the rates are starkly higher for LGBTQ youth of color than their white counterparts: While 12% of white LGBTQ youth have attempted suicide, the rate is 31% for LGBTQ Native/Indigenous youth, 21% for LGBTQ Black youth, and 18% for LGBTQ Latinx youth.
• In a 95%-non-white LGBT sample, those who report experiencing anti-LGBT victimization (such as bullying and harassment) are 2.5 times more likely to report a past-year suicide attempt compared to those who do not report victimization.
• Black LGBTQ youth who experience anti-LGBTQ discrimination face twice the rate of past year suicide attempts compared to youth who do not (27% vs. 12%). Black LGBTQ youth who experience race-based discrimination also face higher odds of attempting suicide than those who do not (20% vs. 14%).
• Black LGB adults are over 40% more likely to have made a serious suicide attempt in their lifetime than white LGB adults.
• Latinx and Native American/Pacific Islander LGBT youth are 50% more likely to attempt suicide than white LGBT youth. Latinx LGBT girls are nearly twice as likely to attempt suicide than white LGBT youth.
• LGBTQ students who experience discrimination “based on multiple social identities” report more use of deliberate self-harm compared to LGBTQ students who experience racial discrimination alone or who do not experience significant discrimination of any kind.
Reflecting on the study’s findings, key executives from participating LGBTQ Advocacy groups weighed in:
“These painful figures highlight an indisputable link between discrimination, economic security, mental and physical health. People with multiple stigmatized, marginalized social and political identities, particularly Black LGBTQ+/Same Gender Loving people, bear a disproportionate amount of the weight illustrated by the data in this study. Statutory equality for LGBTQ+ people nationwide is a necessary foundation to remove the gaps in existing civil rights laws if we are to ever live up to our country’s founding promises of life, liberty, and the pursuit of happiness for all,” said David Johns, Executive Director, National Black Justice Coalition.
The majority of Black LGBTQ people live in the South, with nearly half (44%) of all Black women couples raising children. Even today, most of these states still do not protect LGBTQ people from discrimination and have overtly discriminatory laws on their books. It is no wonder the disparities are so profound and it is a testament to the strength and resilience of our people that they are doing as well as they are. For our community and for our children it’s time for federal action!” said Kierra Johnson, Executive Director, National LGBTQ Task Force.
“This important brief only further solidifies what we have known for a very long time—the combination of racism and anti-LGBTQ discrimination has serious and long-lasting effects for the health and well-being of LGBTQ people of color. This research highlights why federal non-discrimination protections are overdue and vital to protecting the most some of the most underrepresented and vulnerable members of our community. Federal anti-discrimination protections are absolutely necessary in protecting and supporting all LGBTQ people, and this is especially true for LGBTQ people of color,” said Imani Rupert-Gordon, Executive Director, National Center for Lesbian Rights.
“Study after study shows that nondiscrimination protections improve economic opportunities, public safety, and physical and mental well-being of LGBTQ people. It is well past time for the essential protections available only in some of our states and cities to be extended to all LGBTQ Americans, especially LGBTQ people of color, who are disproportionately burdened by the lack of protections, ” said Kasey Suffredini, CEO and National Campaign Director, Freedom for All Americans.
Roe leak stokes fears that LGBTQ rights are now at heightened risk
Legal experts diverse on degree of threat to marriage
Fears that same-sex marriage and other LGBTQ rights could be on the chopping block are at a new high after a leaked draft opinion from the U.S. Supreme Court that would explicitly overturn precedent in Roe. v. Wade, although the degree of perceived danger differs among legal observers.
Although language in the leaked draft by U.S. Associate Justice Samuel Alito, which was published late Monday by Politico and confirmed as “authentic” by the Supreme Court, specifically distances the potential ruling from Obergefell v. Hodges, the general reasoning against finding unenumerated rights in the U.S. Constitution could apply to challenges to the landmark 2015 marriage decision.
Karen Loewy, senior counsel for the LGBTQ group Lambda Legal, told the Washington Blade if the draft decision were to become final it would “have no good implications” for either the Obergefell or Lawrence decisions.
“The analysis that Justice Alito has laid out really calls into question the sort of underlying liberty and dignity jurisprudence that really was the underpinning of cases like Lawrence and Obergefell,” Loewy said. “It requires a really cramped vision of what is constitutionally protected, that is tied to histories of oppression that are really, really concerning.”
Alito obliterates long-standing precedent, as defined in the 1973 Roe. v. Wade decision and subsequently affirmed in the 1992 decision in the Planned Parenthood v. Casey, finding a woman’s right to have an abortion is protected under the 14th Amendment.
“We hold that Roe and Casey must be overruled,” Alito writes. “The Constitution makes no references to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the 14th Amendment.”
Alito makes clear for the Supreme Court to find any unenumerated rights under the 14th Amendment, the right must be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.”
Such an analysis would directly impact LGBTQ rights found under the 14th Amendment. In fact, three separate times over the course of the draft opinion, Alito compares the right to abortion to rights for LGBTQ people as defined by the U.S. Supreme Court.
Those references, however, aren’t to threaten those decisions, but to bolster the case for overturning precedent as established by Roe and limit the impact of the draft opinion.
“Roe’s defenders characterize the abortion right as similar to the rights recognized in past decisions involving matters such as intimate sexual relations, contraception, and marriage,” Alito writes, “but abortion is fundamentally different, as both Roe and Casey acknowledged, because it destroys what those decisions called ‘fetal life’ and what the law now before us describes as an ‘un-born human being.'”
In another instance, Alito includes Obergefell and Lawrence among a multitude of cases in a multi-page footnote giving examples of where the Supreme Court has decided to overturn precedent, which the draft opinion would do for Roe v. Wade. Another time, Alito rejects arguments from the U.S. solicitor general that abortion and marriage are connected, asserting “our decision concerns the constitutional right to abortion and no other right.”
Loewy, however, said the fundamental nature of the draft opinion, despite Alito’s rejection that abortion is comparable to LGBTQ rights, undermines that analysis no matter how many times he articulates it.
“The third time is where he offers a fig leaf saying, ‘This analysis is just about abortion rights. It’s not about anything else,’ and so suggests that it would leave untouched a case like Obergefell, when the analysis that he has offered in this opinion clearly leads to the opposite result,” Loewy said.
Indeed, the sweeping nature of Alito’s reasoning against finding unenumerated rights under the Constitution has led some observers to believe the draft was written by Alito alone and without the input of the other eight justices, which could mean the final decision would be a consensus different from the opinion that was leaked. (Upon publishing the leaked opinion, however, Politico did report the Supreme Court has five justices who will vote in favor of overturning Roe, which means without question such a ruling has a majority.)
Not all observers see the opinion in the same way and are interpreting Alito’s references to Obergefell and Lawrence as less threatening.
Dale Carpenter, a conservative law professor at Southern Methodist University who’s written about LGBTQ rights, downplayed the idea the draft opinion against Roe would be a prelude to overturning Obergefell based on Alito’s words denying the connection.
“The opinion tries to make it clear that it does not affect other unenumerated rights, like Lawrence and Obergefell and other fundamental rights cases, like contraceptive cases and other marriage cases,” Carpenter said. “So that’s comforting, I think, to LGBT rights advocates. Second, it says that there’s a fundamental distinction between those other cases and the abortion cases in that the abortion cases involve fetal life or potential life. And so, that I think, is a ground for setting a difference between them.”
Carpenter, however, conceded the mode of analysis in the opinion overturning Roe “is not very friendly to unenumerated rights like marriage and sexual intimacy,” so while Obergefell and Lawrence may face no immediate threat “there might be a longer term concern about decisions like those.”
A follow-up ruling from the Supreme Court rolling back the right for same-sex couples to marry would be consistent with a 2020 dissent from Alito and U.S. Associate Justice Clarence Thomas essentially declaring war on the Obergefell decision, urging justices to revisit the case to make greater accommodations for religious objections.
Jim Obergefell, the lead plaintiff in the marriage equality case and now a candidate for a seat in the Ohio state legislature, said in a statement after the leak of the draft Alito opinion he was fearful that the same forces seeking to overturn precedent for abortion rights would go after LGBTQ rights next.
“It’s also concerning that some members of the extreme court are eager to turn their attention to overturning marriage equality,” Obergefell said. “The sad part is in both these cases, five or six people will determine the law of the land and go against the vast majority of Ohioans and Americans who overwhelmingly support a woman’s right to make her own health decisions and a couple’s right to be married.”
The Supreme Court, of course, couldn’t willy nilly reverse the Obergefell decision, which would require some case or controversy to wind its way through the judicial system before justices could revisit the ruling. Mostly likely, such a hypothetical case would be a state passing a law banning same-sex marriage or simply declaring it would no longer allow same-sex couples to wed in defiance of the Obergefell decision.
No state, however, is engaged in a serious effort to challenge marriage rights for same-sex couples. The last such challenge was in 2020 and from the solicitor general of Indiana, who was seeking to challenge the decision on the basis of birth certificates for the children of women in same-sex marriages. Even the current 6-3 conservative majority on the court declined to hear the case.
Additionally, as polls demonstrate, the nation is in a different place with abortion rights compared to the right for same-sex couples to marry. A recent Fox News poll found six in 10 registered voters still think the U.S. Supreme Court should uphold Roe v. Wade, but more than half of those responders favored banning abortions after 15 weeks. Comparatively, a Gallup poll in September 2021 found support for marriage equality is at a record high of 70 percent and, for the first time, a majority of Republicans back same-sex marriage.
A question also remains about what the draft opinion means for decisions on LGBTQ rights that have yet to come before the Supreme Court but may come at a later time, such as a legal challenge to the “Don’t Say Gay” measure recently signed into law by Florida Gov. Ron DeSantis.
Carpenter said he doesn’t think the observers can glean anything about a potential ruling on the “Don’t Say Gay” law based on the fact the legal challenge would be different than challenges to abortion or same-sex marriage.
“That kind of challenge would more than likely be brought under the First Amendment,” Carpenter said. “And I don’t see the First Amendment being affected by the Dobbs decision. I suppose that someone might want to bring an Equal Protection challenge to the ‘Don’t Say Gay’ law in Florida, but it just doesn’t seem like it would have an immediate impact on even that kind of claim.”
HRC names Chase Brexton ‘Leader in LGBTQ Healthcare Equality’
Perfect HEI score for Baltimore provider
The Human Rights Campaign has again awarded the title of “Leader in LGBTQ Healthcare Equality” to Chase Brexton Health Care in Baltimore.
The designation was reported in the recently released 2022 edition of the Healthcare Equality Index (HEI). Chase Brexton was one of only two Maryland healthcare providers, and 496 nationwide, to earn the honor.
To be named a Leader in LGBTQ+ Healthcare Equality, Chase Brexton achieved a perfect score of 100 points across strict criteria implemented by the Healthcare Equality Index. The categories measured included staff training and benefits, patient services and engagement, and responsible citizenship.
AIDS Healthcare Foundation opens first Healthcare Center in Virginia
Clients at AHF’s Falls Church Healthcare Center will receive care from Danbi Martinez, a provider with 19 years of HIV and primary care experience.
The AIDS Healthcare Foundation (AHF) just opened a new Healthcare Center in Falls Church, Virginia—the organization’s very first Healthcare Center in the state. AHF’s mission is to eradicate HIV/AIDS and to provide cutting-edge medicine and advocacy regardless of ability to pay.
As of 2019, there were 23,691 people living with HIV in Virginia, and 56.4% of those people were black Americans. AHF is rooted in providing needed services to the most vulnerable demographics. With every AHF Healthcare Center, AHF Wellness Center, and AHF Pharmacy that caters to underserved communities, AHF hopes to close the gap on HIV/AIDS disproportionately affecting a single community.
In 2019, the Commonwealth of Virginia also saw 822 new HIV diagnoses. This further highlights the need for the free-to-low-cost HIV services and linkage to care that AHF offers. For instance, AHF is now the largest provider of PrEP (Pre-exposure Prophylaxis), an HIV prevention medication in the U.S.
In Virginia, The prEP-to-need ratio (PNR) went from 0.30 in 2012 to 4.37 in 2019. The lower the number is, the larger the need is for HIV prevention. And although the PNR has steadily increased, among females in Virginia, the PNR was far lower at 1.48. o
AHF’s new Falls Church Healthcare Center is another step in the right direction in providing at-risk populations with HIV prevention medication, getting them tested for HIV regularly, and getting them linked to care within 72 hours of a positive test result.
Clients at AHF’s Falls Church Healthcare Center will receive care from Danbi Martinez, a provider with 19 years of HIV and primary care experience. The location offers free STI and HIV testing, linkage to care, and access to a specialty pharmacy. Operating hours are Monday, Tuesday, Thursday, and Friday from 8:30 am to 5:00 pm, as well as, Wednesday from 10:00 am to 6:30 pm.
To welcome Danbi Martinez to the AHF family, and to celebrate their first Healthcare Center in Virginia, AHF is hosting a grand opening event and reception on March 10th, 12 pm at 2946 Sleepy Hollow Road Suite 4B Falls Church VA 22044. Please call (703) 962-1528 for further information on the event or services offered.
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