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SPECIAL REPORT: Poverty in the LGBT community

Studies show image of ‘gay affluence’ is a myth

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Kadeem Swenson, poverty, LGBT, gay news, Washington Blade
Kadeem Swenson, poverty, LGBT, gay news, Washington Blade

Kadeem Swenson told the Blade in 2010 that his parents kicked him out of the house for being gay. He spent a year living in abandoned buildings in D.C. (Washington Blade photo by Michael Key)

Editor’s note: This week, the Blade kicks off a special yearlong focus on poverty in the LGBT community. The occasional series will examine the problem with special reports from D.C. and around the country. To share your ideas or personal story, visit us on Facebook or email [email protected].

 

As the 50th anniversary of the U.S. war on poverty launched by President Lyndon B. Johnson in 1964 is commemorated this year, LGBT advocates are pointing to little noticed studies showing that the rate of poverty in the LGBT community is higher than that of the general population.

In a 2013 report analyzing data from the U.S. Census Bureau and other data measuring poverty in the United States, the Williams Institute, a research arm at the University of California Law School in Los Angeles that specializes in LGBT issues, concludes that rates of poverty are higher than the general population among gay men and lesbians between the ages of 18-44 and gay men and lesbians living alone.

The report shows that couples – both gay and straight – tend to have a lower rate of poverty than single people and the population as a whole. But it found that the poverty rate for lesbian couples is higher than that of gay male couples and opposite-sex couples and the poverty rate of same-sex African-American couples is higher than it is for opposite-sex African-American couples.

Among the report’s findings that surprised LGBT activists were data showing that bisexual men and women had poverty rates of 25.9 percent and 29.4 percent respectively – higher than gay men (20.5 percent) and lesbians (22.7 percent). The report says the same set of data show that heterosexual men had a poverty rate of 15.3 percent compared to a rate of 21.1 percent for heterosexual women.

“The LGB poverty data help to debunk the persistent stereotype of the affluent gay man or lesbian,” the Williams Institute report says.

“Instead, the poverty data are consistent with the view that LGB people continue to face economic challenges that affect their income and life chances, such as susceptibility to employment discrimination, higher rates of being uninsured, and a lack of access to various tax and other financial benefits via exclusion from the right to marry,” the report says.

The report uses the U.S. Census Bureau definition of poverty for 2012 in its analysis of LGBT poverty levels based on family income. That definition lists the “poverty line” for a single person household as an annual income of $11,815 or less. The poverty line for a two-person household was $15,079, and for a four-person household was $23,684 in 2012.

 

poverty, gay news, Washington Blade

Researchers with the Williams Institute say this graph summarizes their findings of higher poverty rates among samples of mostly LGB and some LGBT people in the U.S. The bar graph on the left represents data taken from the U.S. Census Bureau’s 2010 American Community Survey (ACS). The chart in the center is taken from data from the U.S. Center for Disease Control and Prevention’s 2010 National Survey of Family Growth (NSFG). The chart at right is from a 2012 phone survey conducted by the Gallup Poll organization. (Graph courtesy of the Williams Institute)

Trans poverty ‘extraordinarily high’

 

A separate study prepared jointly by the National Center for Transgender Equality and the National Gay and Lesbian Task Force in 2011, called “Injustice at Every Turn,” shows dramatically higher rates of poverty and homelessness among transgender Americans in each state, the District of Columbia and U.S. territories.

Kylar Broadus, senior policy counsel and director of the Trans Civil Rights Project for The Task Force, called the poverty rate in the transgender community “extraordinarily high.” He said a key factor leading to economic hardship among transgender people is the persistent problem of employment discrimination.

“There’s double the national rate of unemployment,” he said in discussing the trans community of which he said he’s a member. “And once we’re employed 90 percent of those surveyed reported experiencing harassment and discrimination on the job,” he noted in pointing to the NCTE-Task Force study.

“Forty-seven percent said they experienced adverse outcomes such as being fired, not hired or denied promotions because of being transgender or gender non-conforming,” Broadus said.

He said the respondents reported various forms of housing discrimination that are contributing factors to homelessness in the transgender community. According to the study, 19 percent of respondents reported having been refused a home or an apartment to rent and 11 percent reported being evicted because of their gender identity or expression.

“Nineteen percent experienced homelessness at some point in their lives because they were transgender or didn’t conform as well, and then 55 percent were denied access to shelters,” he said.

Another study released by the Williams Institute last week reports that 2.4 million LGBT adults, or 29 percent, “experienced a time in the last year when they did not have enough money to feed themselves or their family.”

The study, written by Williams Institute demographer Gary Gates, found that LGBT people are more likely to rely on the federal food stamp program for assistance than their heterosexual counterparts.

“One in four bisexuals (25 percent) receive food stamps,” the report says, “34 percent of LGBT women were food insecure in the last year; and LGBT African Americans, Native Americans, and Native Hawaiians experienced food insecurity in the last year at rates of 37 percent, 55 percent, and 78 percent respectively,” the report says.

 

LGBT homeless rate high in San Fran

 

Yet another report released last June found that 29 percent of the homeless population in San Francisco identified as LGBT. The report, which was part of the city’s biennial homeless count, included for the first time a count of the number of homeless people who identified themselves as gay, lesbian, bisexual or transgender, according to the San Francisco Chronicle.

Brian Bassinger, director of the San Francisco-based AIDS Housing Alliance, which provides services to the HIV and LGBT communities, said although the finding to some degree reflects the high LGBT population in San Francisco, which is 15 percent, he believes LGBT people make up a sizable percent of the homeless population in other cities throughout the country.

Bassinger said he also believes the 29 percent figure for San Francisco is most likely an under count and that the actual number is higher.

“LGBT people in the shelter system here are regularly targeted for violence, harassment and hate crimes, which are very well documented,” he said.

Since much of the effort to count homeless people in the city takes place at shelters, large numbers of LGBT homeless people are not counted because they generally avoid the shelters out of fear of harassment and violence, Bassinger said.

He said his group also closely monitors a development in San Francisco threatening to push the city’s older LGBT population into poverty and which may be occurring in other cities – the enormous rise in the cost of housing due to gentrification and a booming real estate market. Those who for years have lived in popular gay neighborhoods as tenants are being displaced by the conversion of rental apartment buildings and houses into upscale condominiums, Bassinger said.

“Long-term San Franciscans who have spent decades building the system to deliver access to equal treatment under the law here in San Francisco are getting displaced by all of these people moving into our community,” he said.

And because they can no longer afford to live in San Francisco many are being forced to move to other parts of the state or other states that are less LGBT friendly and don’t have the support community they came to enjoy for so many years, according to Bassinger.

The Williams Institute’s 2013 report, meanwhile, analyzes data from four surveys of the U.S. population with a demographic breakdown that included mostly gay men, lesbians, and bisexuals as well as a smaller, combined “LGBT” sample.

The four surveys were conducted by these organizations or government agencies:

• The 2010 American Community Survey conducted by the U.S. Census Bureau with a sample of more than 500,000 and which included data from same-sex couple households.

• The National Survey of Family Growth conducted by the U.S. Centers for Disease Control and Prevention’s National Center for Health Statistics from 2006-2010 included a sample of more than 19,000 people throughout the country, including people who identified as LGB, the Williams Institute study says.

• The California Health Interview Survey conducted by UCLA’s Center for Health Policy Research in collaboration with California Department of Public Health surveyed more than 50,000 Californians, including LGB adults from 2007 to 2009.

• A Gallup Daily Tracking Poll conducted between June 1 and Sept. 30, 2012 with a sample of more than 120,000 adults from 18 and older, included people who identified themselves as LGBT in all 50 states and D.C. The poll was conducted by phone.

The report includes these additional findings on the subject of poverty in the LGBT community:

• African-American same-sex couples have poverty rates more than twice the rate of different-sex married African Americans.

• One-third of lesbian couples and 20.1 percent of gay male couples who don’t have a high school diploma are in poverty, compared to 18.8 percent of heterosexual couples.

• Lesbian couples living in rural areas are more likely to be poor (14.1 percent) compared to 4.5 percent of lesbian couples in large cities; 10.2 percent of gay male couples who live in small metropolitan areas are poor compared with just 3.3 percent of gay male couples who live in large metropolitan areas.

• Nearly one in four children living with a male same-sex couple and 19.2 percent of children living with a female same-sex couple is in poverty. This compares with 12.1 percent of children living with married heterosexual couples who are in poverty.

• African-American children in gay male households have the highest poverty rate (52.3 percent) of any children in any household type.

• 14 percent of lesbian couples and 7.7 percent of gay male couples received food stamps, compared to 6.5 percent of straight married couples. In addition, 2.2 percent of same-sex female couples received government cash assistance compared to 0.8 percent of women in different-sex couples. And 1.2 percent of men in same-sex couples received cash assistance compared to 0.6 percent of men in different-sex couple relationships who received cash assistance.

The report’s co-author Lee Badgett, a Williams Institute senior fellow and professor at the University of Massachusetts at Amherst, said it’s difficult to draw a conclusion from the Williams Institute and other studies as to why there are higher poverty levels in the LGBT community.

“The people that I know who worked with LGBT people in poverty talk about the reasons being very complex,” she said.

“I suspect that there are lots of disadvantages that people face, whether it’s in the labor market or in schools and that maybe somehow they kind of come together, that they are sort of cumulative over time and make people more vulnerable to poverty. But I think we don’t really know exactly why that happens,” Badgett told the Blade.

In the Williams Institute report, she and co-authors Laura Durso and Alyssa Schneebaum call for further studies to explore the factors that contribute both to “poverty and economic resilience” within the LGBT community.

“Our analyses highlight different demographic subpopulations that may be particularly at-risk; however, we are unable to take a more fine-grained approach to identifying factors that contribute to poverty in these different communities,” the report says.

“Identifying the conditions under which individuals and families descend into and escape from poverty will aid service organizations and government agencies in designing interventions to address this significant social problem,” the report concludes.

Broadus of the Task Force said discrimination and bias make up at least some of the conditions that force LGBT people into poverty.

“We are less economically secure as a community due to suffering at the hands of discrimination in employment, marriage, insurance and less familial and societal support,” he said. “The LGBT community as a whole lives at the margins and some at the margins of the margins such as women, people of color and children. When some of our community is vulnerable we are all vulnerable.”

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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Federal Government

4th Circuit rules gender identity is a protected characteristic

Ruling a response to N.C., W.Va. legal challenges

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Lewis F. Powell Jr. Courthouse in Richmond, Va. (Photo courtesy of the U.S. Courts/GSA)

BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.

Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.

In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.

The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.

In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.

Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.

Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.

See this portion of the court analysis here:

4th Circuit rules against legal argument that trans treatment bans do not discriminate against trans people because ‘they apply to everyone.’

Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.

Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.

The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.

Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.

The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:

The 4th Circuit majority rebuts the state’s proxy discrimination argument.

Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”

Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.

Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.

The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.

Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.

The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.

The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.

Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.

Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.” 

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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