LGBT Discrimination, Subnational Public Policy, and Law in the United States

LGBT people in the United States continue to experience discrimination because of their sexual orientation and gender identity, despite increasing acceptance of LGBT people and legal recognition of marriage for same-sex couples nationwide. This ongoing discrimination can lead to under- and unemployment, resulting in socioeconomic disparities for LGBT people. In addition, empirical research has linked LGBT health disparities, including disparities in health-related risk factors, to experiences of stigma and discrimination. Currently, federal statutes in the United States do not prohibit discrimination based on sexual orientation or gender identity in employment, housing, or public accommodations, leaving regulation in this area primarily to state and local governments. This creates a limited and uneven patchwork of protections from discrimination against LGBT people across the country. Despite public support for LGBT-inclusive non-discrimination laws across the country, in 28 states there are no statewide statutory protections for LGBT people in employment, housing, or public accommodations. To date, only 20 states and the District of Columbia have enacted comprehensive non-discrimination statutes that expressly prohibit discrimination based on both sexual orientation and gender identity in all three of these areas. One additional state has statutes that prohibit sexual orientation discrimination, but not gender identity discrimination, in these areas. One other state prohibits discrimination based on sexual orientation and gender identity in employment and housing, but not in public accommodations. In states without statutes that prohibit discrimination based on sexual orientation and/or gender identity, there are other policies that afford LGBT people at least some limited protections from discrimination. In some of these states, state executive branch officials have expanded non-discrimination protections for LGBT people under their executive or agency powers. For example, in three states, state government agencies have expanded broad protections from sexual orientation or gender identity discrimination through administrative regulations. And, in 12 states without statutes prohibiting discrimination against LGBT people, governors have issued executive orders that protect state government employees (and sometimes employees of state government contractors) from discrimination based on sexual orientation and gender identity. In addition, local government ordinances provide another source of protection from discrimination; however, these laws are generally unenforceable in court and provide much more limited remedies than statewide non-discrimination statutes. In recent years, lawmakers have increasingly attempted to limit the reach of state and local non-discrimination laws, which can leave LGBT people vulnerable to discrimination. For example, some states have passed laws allowing religiously motivated discrimination and others have passed laws prohibiting local governments from enacting their own non-discrimination ordinances that are broader than state non-discrimination laws. While most of these bills have not passed, the recent increase in the introduction of these measures suggests that state legislatures will continue to consider rolling back non-discrimination protections for LGBT people in the coming years. Continued efforts are required at both the state and federal levels to ensure that LGBT people are fully protected from discrimination based on their sexual orientation and gender identity throughout the United States, including federal legislation and statewide bills in over half the states.

Hate Crimes Against LGBT People in the United States

Oxford Research Encyclopedia of Politics ◽

10.1093/acrefore/9780190228637.013.1320 ◽

2020 ◽

Author(s):

Liz Coston

Keyword(s):

United States ◽

Sexual Orientation ◽

Gender Identity ◽

Social Group ◽

The United States ◽

Hate Crimes ◽

Medical Attention ◽

Bias Crimes ◽

Criminal Penalties ◽

Lgbt People

Hate crimes (or bias crimes) are crimes motivated by an offenders’ personal bias against a particular social group. Modern hate crimes legislation developed out of civil rights protections based on race, religion, and national origin; however, the acts that constitute a hate crime have expanded over time, as have the groups protected by hate crimes legislation. Anti-LGBT hate crimes, in which victims are targeted based on their sexual orientation or gender identity. LGBT people are highly overrepresented as victims of hate crimes given the number of LGBT people in the population, and this is especially true of hate crimes against transgender women. Despite the frequency of these crimes, the legal framework for addressing them varies widely across the United States. Many states do not have specific legislation that addresses anti-LGBT hate crimes, while others have legislation that mandates data collection on those crimes but does not enhance civil or criminal penalties for them, and some offer enhanced civil and/or criminal penalties. Even in states that do have legislation to address these types of hate crimes, some states only address hate crimes based on sexual orientation but not those based on gender identity. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act gives the federal government the authority to prosecute those crimes regardless of jurisdiction; however, this power has been used in a limited capacity. Hate crimes are distinct from other crimes that are not motivated by bias. For example, thrill seeking, retaliation, or the desire to harm or punish members of a particular social group often motivates perpetrators of hate crimes; these motivations often result in hate crimes being more violent than other similar crimes. The difference in the motivation of offenders also has significant consequences for victims, both physically and mentally. Victims of hate crimes are more likely to require medical attention than victims of non-bias crimes. Likewise, victims of hate crimes, and especially anti-LGBT hate crimes, often experience negative psychological outcomes, such as PTSD, depression, or anxiety as a result of being victimized for being a member of an already marginalized social group.

The US Supreme Court and the Future of Sexual and Gender Minority Health

American Journal of Public Health ◽

10.2105/ajph.2021.306302 ◽

2021 ◽

pp. e1-e3

Author(s):

Michael Liu ◽

Jack L. Turban ◽

Kenneth H. Mayer

Keyword(s):

United States ◽

Sexual Orientation ◽

Civil Rights ◽

Gender Identity ◽

Supreme Court ◽

The United States ◽

Physical And Mental Health ◽

Gender Minority ◽

Sexual And Gender Minority ◽

Over the past decade, the United States has made substantial progress in advancing the rights of sexual and gender minority (SGM) people. In 2015, the Supreme Court of the United States (SCOTUS) decision in Obergefell v. Hodges provided same-sex couples the fundamental right to marry across the United States.1 In 2020, the landmark Bostock v. Clayton County decision extended the interpretation of “on the basis of sex” under title VII of the 1964 Civil Rights Act to prohibit workplace discrimination on the basis of sexual orientation and gender identity.2 This sweeping decision sets the precedent that other sex-based antidiscrimination laws should be interpreted to include SGM people. However, explicit and broad protections based on sexual orientation and gender identity are not common features of federal laws, and existing SGM protections remain tenuous, as they rely on judicial interpretation. With recent shifts in the composition of SCOTUS, there is the increasing possibility that the hard-earned protections for SGM people in the United States will be reversed through recently argued and upcoming cases. Based on the available empirical evidence, we are concerned about the possible physical and mental health sequelae. (Am J Public Health. Published online ahead of print May 20, 2021: e1–e3. https://doi.org/10.2105/AJPH.2021.306302 )

Advances in Psychology, Mental Health, and Behavioral Studies - Strengthening School Counselor Advocacy and Practice for Important Populations and Difficult Topics ◽

School Counselor Advocacy Recommendations for Policy and Practice for and With LGBTQ+ Youth

10.4018/978-1-7998-7319-8.ch006 ◽

2021 ◽

pp. 109-120

Author(s):

Haley D. Wikoff ◽

Matthew J. Beck ◽

Susannah M. Wood

Keyword(s):

United States ◽

Sexual Orientation ◽

School Counselors ◽

School Counselor ◽

The United States ◽

Policy And Practice ◽

Lgbtq Youth ◽

Unique Position ◽

State And Local ◽

LGBTQ+ youth experience increased levels of bullying, harassment, and discrimination in schools. Many states in the United States have state and local policies that are designed to protect both the sexual orientation and gender identity of students, however there are still a handful of states without these protections in place. School counselors are in a unique position to advocate for safe and inclusive environments for LGBQ+ youth.

Victimization rates and traits of sexual and gender minorities in the United States: Results from the National Crime Victimization Survey, 2017

Science Advances ◽

10.1126/sciadv.aba6910 ◽

2020 ◽

Vol 6 (40) ◽

pp. eaba6910 ◽

Cited By ~ 1

Author(s):

Andrew R. Flores ◽

Lynn Langton ◽

Ilan H. Meyer ◽

Adam P. Romero

Keyword(s):

United States ◽

Sexual Orientation ◽

Gender Identity ◽

The United States ◽

National Crime Victimization Survey ◽

Sexual And Gender Minorities ◽

Crime Victimization ◽

Victimization Survey ◽

Gender Minorities ◽

Do sexual and gender minorities (SGMs) in the United States encounter disproportionate rates of victimization as compared with their cisgender, heterosexual counterparts? Answering this question has proved elusive because nationally representative victimization data have not included victims’ sexual orientation or gender identity. The National Crime Victimization Survey, the nation’s primary source of representative information on criminal victimization, began documenting sexual orientation and gender identity in 2016 and released data publicly for the first time in 2019. We find SGMs disproportionately are victims across a variety of crimes. The rate of violent victimization for SGMs is 71.1 victimizations per 1000 people compared with 19.2 victimizations per 1000 people for those who are not SGMs. SGMs are 2.7 times more likely to be a victim of violent crime than non-SGMs. These findings raise the importance of further considering sexual orientation and gender identity in victimization and interventions.

Preserving the American Common Market: State and Local Governments in the United States Supreme Court

Supreme Court Economic Review ◽

10.1086/scer.7.1147090 ◽

1999 ◽

Vol 7 ◽

pp. 233-283 ◽

Cited By ~ 2

Author(s):

Christopher R. Drahozal

Keyword(s):

United States ◽

Supreme Court ◽

Local Governments ◽

United States Supreme Court ◽

The United States ◽

Common Market ◽

United States Supreme ◽

Market State ◽

Early Responses to Climate Change: An Analysis of Seven U.S. State and Local Climate Adaptation Planning Initiatives

Weather Climate and Society ◽

10.1175/2010wcas1047.1 ◽

2010 ◽

Vol 2 (3) ◽

pp. 237-248 ◽

Cited By ~ 9

Author(s):

Kyle Andrew Poyar ◽

Nancy Beller-Simms

Keyword(s):

United States ◽

Local Governments ◽

Planning Process ◽

Climate Adaptation ◽

The United States ◽

Climate Impact ◽

Climate Impacts ◽

Adaptation Planning ◽

State And Local ◽

Climate Adaptation Planning

Abstract State and local governments in the United States manage a wide array of natural and human resources that are particularly sensitive to climate variability and change. Recent revelations of the extent of the current and potential climate impact in this realm such as with the quality of water, the structure of the coasts, and the potential and witnessed impact on the built infrastructure give these political authorities impetus to minimize their vulnerability and plan for the future. In fact, a growing number of subnational government bodies in the United States have initiated climate adaptation planning efforts; these initiatives emphasize an array of climate impacts, but at different scales, scopes, and levels of sophistication. Meanwhile, the current body of climate adaptation literature has not taken a comprehensive look at these plans nor have they questioned what prompts local adaptation planning, at what scope and scale action is being taken, or what prioritizes certain policy responses over others. This paper presents a case-based analysis of seven urban climate adaptation planning initiatives, drawing from a review of publicly available planning documents and interviews with stakeholders directly involved in the planning process to provide a preliminary understanding of these issues. The paper also offers insight into the state of implementation of adaptation strategies, highlighting the role of low upfront costs and cobenefits with issues already on the local agenda in prompting anticipatory adaptation.

The Contours of Repression

The World in a City ◽

10.5622/illinois/9780252042478.003.0009 ◽

2019 ◽

pp. 184-208

Author(s):

David M. Struthers

Keyword(s):

United States ◽

Local Governments ◽

The United States ◽

Federal State ◽

Industrial Workers ◽

World War One ◽

International Borders ◽

The World ◽

Sedition Act ◽

This chapter examines the World War One period in which the federal, state, and local governments in the United States, in addition to non-state actors, created one of the most severe eras of political repression in United States history. The Espionage Act, the Sedition Act, changes to immigration law at the federal level, and state criminal syndicalism laws served as the legal basis for repression. The Partido Liberal Mexicano (PLM), Industrial Workers of the World (IWW), and other anarchists took different paths in this era. Some faced lengthy prison sentences, some went underground, while others crossed international borders to flee repression and continue organizing. This chapter examines the repression of radical movements and organizing continuities that sustained the movement into the 1920s.

Government and Fiscal Policy in American Economic History

The Oxford Handbook of American Economic History, vol. 2 ◽

10.1093/oxfordhb/9780190882624.013.33 ◽

2018 ◽

pp. 194-224

Author(s):

John Joseph Wallis

Keyword(s):

United States ◽

Economic Development ◽

Economic History ◽

Local Governments ◽

Property Tax ◽

The United States ◽

State Governments ◽

Payroll Taxes ◽

The Third ◽

Over the last 225 years, government finances in the United States have gone through three distinct stages. In the first stage, 1790–1850, state governments actively pursued policies to promote economic development and financed them from revenues from state investments. In the second, 1850–1930, local governments became the most important level of government, as measured by revenues and expenditures, and revenues shifted toward the property tax. In the third period, 1930 to the present, the national government became the most active and largest level of government, financed through income and payroll taxes, and developed an extensive network of grants to state and local governments. The chapter tracks the changes in sources of revenues and purpose of expenditures, with specific attention paid to military spending over the entire period.

Infant formula and toddler milk marketing: opportunities to address harmful practices and improve young children’s diets

Nutrition Reviews ◽

10.1093/nutrit/nuz095 ◽

2020 ◽

Vol 78 (10) ◽

pp. 866-883 ◽

Cited By ~ 7

Author(s):

Jennifer L Harris ◽

Jennifer L Pomeranz

Keyword(s):

United States ◽

Infant Formula ◽

Local Governments ◽

Child Nutrition ◽

Self Regulation ◽

The United States ◽

World Health ◽

Health Providers ◽

Formula Milk ◽

Abstract Children’s diets in their first 1000 days influence dietary preferences, eating habits, and long-term health. Yet the diets of most infants and toddlers in the United States do not conform to recommendations for optimal child nutrition. This narrative review examines whether marketing for infant formula and other commercial baby/toddler foods plays a role. The World Health Organization’s International Code of Marketing Breast-milk Substitutes strongly encourages countries and manufacturers to prohibit marketing practices that discourage initiation of, and continued, breastfeeding. However, in the United States, widespread infant formula marketing negatively impacts breastfeeding. Research has also identified questionable marketing of toddler milks (formula/milk-based drinks for children aged 12–36 mo). The United States has relied exclusively on industry self-regulation, but US federal agencies and state and local governments could regulate problematic marketing of infant formula and toddler milks. Health providers and public health organizations should also provide guidance. However, further research is needed to better understand how marketing influences what and how caregivers feed their young children and inform potential interventions and regulatory solutions.