Federal Government
Federal financial agency now requires collection of LGBTQ data
New guidelines issued on March 31.
The Consumer Financial Protection Bureau issued new guidelines on March 31 requiring the collection of LGBTQ identifying data to improve data collection on small business lending for LGBTQ-owned businesses.
The inclusion of this provision follows a February letter issued by U.S. Sens. Alex Padilla (D-Calif.) and Kirsten Gillibrand (D-N.Y.) and U.S. Rep. Ritchie Torres (D-N.Y.) that urged CFPB Director Rohit Chopra to use his existing legal authority to include sexual orientation and gender identity as required data points for financial institutions to collect and report for the purpose of enforcing fair lending laws under Section 1071 of the Dodd-Frank Act.
The provision allows the CFPB to more accurately monitor trends of discrimination and helps ensure the nationās 1.4 million LGBTQ-owned businesses are being treated fairly within the financial sector so that they can effectively compete, create opportunities, invest in employees, and uplift their communities.
According to a recent report, 35 percent of LGBTQ Americans reported that discrimination affected their financial well-being to a moderate or significant degree in the past year.
āThis provision will help ensure that financial institutions meet the needs of the communities they serve and that LGBTQ-owned businesses do not face discrimination in our financial sector,ā said Padilla. āAs we work to build an economy that works for all, we must ensure that all Americans, regardless of sexual orientation or gender identity, have equal access to capital.ā
āI was delighted to see that the CFPB finalized a rule for self-reporting for LGBTQI+-owned businesses, which I have long pushed for through our LGBTQ Business Equal Credit Enforcement and Investment Act,ā said Gillibrand. āThis rule will allow for another necessary data point to enhance our federal fair lending laws, and I look forward to continuing to work with CFPB to ensure business lending remains fair for every American business.ā
āFrom my days serving on the New York City Council to my time as the first openly gay Afro-Latino in Congress, Iāve been a staunch champion and fighter for creating a more equitable and more fair playing field for small businesses ā particularly LGBTQI+ small businesses,ā said Torres. āWith more than one million LGBTQI+ businesses contributing nearly $2 trillion to the American economy, we have a vested interest in strengthening and sustaining their access to credit and increasing transparency in small business lending to help them grow and thrive without fear of discrimination. Iām proud to join my colleagues in helping to advance this new rule at the CFPB in service of inclusive growth and economic opportunity regardless of who you love or how you identify.ā
Federal Government
FBI reports rise in anti-LGBTQ hate crimes
More than 2,402 anti-gay incidents reported in 2023
The FBI’s annual Crime in the Nation report, released on Monday, shows a significant increase in hate crimes targeting the LGBTQ community in 2023.
More than 2,402 incidents related to sexual orientation were reported, up by more than 500 cases from the previous year.
The gender identity category included over 400 anti-transgender incidents and 146 targeting gender non-conforming individuals.
For the second consecutive year, more than one in five hate crimes were motivated by bias against the LGBTQ community.
The report references Human Rights Campaign research highlighting the disproportionate impact on Black trans women.
Kelley Robinson, president of the Human Rights Campaign, called for comprehensive non-discrimination protections, improved law enforcement reporting, and an end to divisive rhetoric.
“We must turn the tide so that LGBTQ+ people can feel safe everywhere,” Robinson said.
Federal Government
EXCLUSIVE: Robert Garcia urges US officials to protect LGBTQ people during Pride Month
Gay Calif. congressman sent letter to top authorities on June 12
U.S. Rep. Robert Garcia (D-Calif.) on June 12 sent a letter to Secretary of State Antony Blinken, Homeland Security Secretary Alejandro Mayorkas, and Federal Bureau of Investigation Director Christopher Wray to work to ensure LGBTQ people during Pride events.
“Over the last several weeks, your respective agencies and departments have issued stark warnings, and travel advisories to the public over potential threats from foreign terrorist organizations (FTO), and their supporters during this year’s Pride Month,” said Garcia in his letter. “I understand that these steps have come after deeply concerning increases in anti-LGBTQ+ rhetoric, calls for targeted violence, and foiled violent plots.”
The FBI on May 10 issued an advisory that warned of potential violence at Pride events and other LGBTQ-specific events. The State Department on May 17 ā the International Day Against Homophobia, Biphobia, and Transphobia ā announced a similar warning.
“Ensuring that people can peacefully and safely celebrate Pride and the diversity of the LGBTQ+ community is of utmost importance,” wrote Garcia, a gay man who represents California’s 42nd Congressional District that includes Long Beach.
June 12 also marked eight years since a gunman killed 49 people inside the Pulse nightclub in Orlando, Fla.
The massacre at the time was the deadliest mass shooting in modern U.S. history. The gunman pledged his allegiance to the Islamic State, even though there is no evidence that suggests the extremist group ordered him to carry out the massacre.
“This week marks the eight (sp) anniversary of the horrific Pulse nightclub Orlando shooting ā during which the attacker deliberately and viciously targeted the LGBTQ+ community,” wrote Garcia in his letter. “It is important to put the recent escalation of extremist anti-LGBTQ+ propaganda and messaging in the context the Pulse nightclub shooter who was influenced by these same forces of extremism.”
Federal Government
Adm. Levine, Admin. Guzman visit LGBTQ-owned dental and medical practices
Officials talked with the Blade about supporting small businesses
The Washington Blade joined Assistant Secretary for Health Adm. Rachel Levine of the U.S. Department of Health and Human Services and Administrator Isabel Guzman of the U.S. Small Business Administration as they toured two LGBTQ-owned small businesses on Tuesday in Washington, D.C. ā Big Gay Smiles and Price Medical.
The event provided an “amazing opportunity” to “talk about the different synergies in terms of small businesses and the SBA, and health equity for many communities,” including the LGBTQ community, Levine told the Blade.
Representation matters, she said, adding, “that’s true in dental care and medical care,” where there is a tremendous need to push for improvements in health equity ā which represents a major focus for HHS under her and Secretary Xavier Becerra’s leadership, and in the Biden-Harris administration across the board.
“Small businesses identify needs in communities,” Guzman said. With Big Gay Smiles, Dr. Robert McKernan and his husband Tyler Dougherty “have clearly identified a need” for “dentistry that is inclusive and that is respectful of the LGBTQIA community in particular.”
She added, “now that they’re a newly established business, part of the small business boom in the Biden-Harris administration, to see their growth and trajectory, it’s wonderful to know that there are going to be providers out there providing that missing support.”
The practice, founded in 2021, “is so affirming for the LGBTQIA community and we certainly wish them luck with their venture and they seem to have a great start,” Levine said. “They’re really dedicated to ending the HIV epidemic, providing excellent dental care, as well as oral cancer screenings, which are so important, and they’re really providing a real service to the community.”
Big Gay Smiles donates 10 percent of its revenue to national and local HIV/AIDS nonprofits. McKernan and Dougherty stressed that their business is committed to combatting homophobia and anti-LGBTQ attitudes and practices within the dental field more broadly.
“We try to align our practices here within this dental office to align with the strategic initiatives being able to help reduce HIV transmission, reduce stigma, and help to ensure people have the knowledge and [are] empowered to ensure that they’re safe,” Dougherty said.
McKernan added, “With the Academy of General Dentistry, we’ve done a lot of discussions around intersex, around trans affirming care, in order to help educate our fellow dental providers. It’s very important that every dentist here in the [D.C. area] provide trans affirming care and gender affirming care because it’s very important that someone who comes to a medical provider not be deadnamed, not get misnamed, and have an affirming environment.”
Trans and gender expansive communities face barriers to accessing care and are at higher risk for oral cancer, depression, and dental neglect. Levine, who is the country’s highest-ranking transgender government official, shared that she has encountered discrimination in dental offices.
After touring the office, Levine and McKernan discussed the persistence of discrimination against patients living with HIV/AIDS by dental practices, despite the fact that this conduct is illegal.
“I’ve traveled around the country,” the assistant health secretary told the Blade. “We have seen that many FQHCs [federally qualified health centers] or community health centers as well as LGBTQIA community health centers have had dentists, like Whitman-Walker, to provide that care because many people with HIV and in our broader community have faced stigma and have not been able to access very, very important dental care.”
Prior to opening his practice, McKernan practiced dentistry at Whitman-Walker, the D.C. nonprofit community health center that has expertise in treating LGBTQ patients and those living with HIV/AIDS. Big Gay Smiles is a red ribbon sponsor for the organization’s Walk & 5K to End HIV.
After their visit with Big Gay Smiles, Levine and Guzman headed to Price Medical, a practice whose focus areas include internal medicine/primary care, HIV specialty care, immunizations, infectious disease treatment, and aesthetics like Botox.
There, the officials talked with Dr. Timothy Price about his office’s work advancing health equity and serving LGBTQ patients including those living with HIV/AIDS, as well as the ways in which small businesses like his have benefitted from access to electronic health records and telemedicine.
“People being able to access medical care from the comfort of their home or workplace can be very important,” Price said, with technology providing the means by which they can “ask questions and get an answer and have access to a health care provider.”
Often, LGBTQ patients will have concerns, including sexual health concerns, that need urgent attention, he said. For instance, “we’ve had patients need to access us for post-exposure prophylaxis for HIV,” in some cases when “people are vacationing and they have something that might be related to their health and they can reach us [via telemedicine] so that’s the way it’s really helped us and helped the patients.”
Access to technology for small businesses is an area in which the SBA can play a valuable role, Guzman noted.
“The Biden-Harris administration has focused on a whole-of-government approach to making sure we can support the community, and that includes in entrepreneurship,” she told the Blade.
“There’s a surge in [small] businesses starting and that includes” those founded by members of the LGBTQ community “and so you see that there’s products and services that need to be offered,” and the administration is “committed to making sure that we can fund those great ideas.”
Guzman said she sees opportunities for future collaboration between her agency and HHS to help encourage and facilitate innovation in the healthcare space. “Small businesses are innovators creating the future of health tech,” she said.
Levine agreed, noting “we have been talking about that, about different ways that we can work together, because as we think about the social determinants of health and those other social factors that impact health, well, economic opportunity is absolutely a social determinant of health,” and small businesses are certainly a critical way to broaden economic opportunity.
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