Tag: discrimination

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Gay Widower Being Denied Survivor Benefits By Social Security Administration

Michael Ely and James Taylor (image via Metro Weekly)

James Taylor and Michael Ely of Arizona were together as a loving couple for 43 years having met in 1971 when Taylor was 20-years-old and Ely was 18-years-old.

In 1994, they moved to Tucson, Arizona. Taylor was the primary wage earner, while Ely managed their household.

In 2007, the couple celebrated their relationship with a commitment ceremony.

And they married as soon as they could when a court struck down Arizona’s ban on same-sex marriage in 2014.

Sadly, six months later, Taylor passed away of cancer.

But when Ely filed for Taylor’s Social Security benefits (which Taylor paid into his whole life), he was denied.

It turns out the Social Security Administration requires couples to be married for a minimum of 9 months before a survivor can access benefits.

It’s worth noting that the couple would have married sooner but were barred from doing because of Arizona’s marriage ban.

It would seem logical that a well-documented relationship of 43 years would somehow be able to overcome this legal snafu.

“Even though we’d been together for 43 years, I’m barred from receiving the same benefits as other widowers,” says Ely. “Even though my husband had worked hard for 40-plus years and paid into the social security system with every paycheck.”

Lambda Legal has filed a lawsuit against the U.S. Social Security Administration saying the nine-month marriage requirement for social security survivor’s benefits is unconstitutional where same-sex couples were not able to be married for nine months because of discriminatory marriage laws.

“The federal government is requiring surviving same-sex spouses like Michael to pass an impossible test to access benefits earned through a lifetime of work,” said Peter Renn of Lambda Legal. “Michael and his husband got married as soon as they could, less than three weeks after Arizona ended its exclusion of same-sex couples from marriage, but they were only able to be married for six months before Michael’s husband died of cancer.”

“Now, the Social Security Administration is allowing the heartbreak of discriminatory marriage bans to persist by holding same-sex couples to a standard that many could not meet, insisting that they have been married for nine months even where it was legally impossible for them to do so.”

“These benefits are as essential to the financial security of surviving same-sex spouses in their retirement years as they are to heterosexual surviving spouses,” says Renn. “But the government is holding their benefits hostage and imposing impossible-to-satisfy terms for their release.”

Lambda Legal filed a similar lawsuit in September against the Social Security Administration on behalf of a 63-year-old lesbian in Washington state who was unable to marry her partner of 27 years due to the ban on same-sex marriage in that state.

(h/t Lambda Legal)

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Trump Administration Proposes Defining Transgender People Out Of Existence

The Trump/Pence administration continues it’s assault on the LGBTQ community as the Department of Health and Human Services proposes a new, extremely narrow definition of ‘sex’ that would virtually erase the existence of 1.4 million transgender Americans.

The move would exclude transgender people from federal non-discrimination protections.

From The New York Times:

The Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth, the most drastic move yet in a government-wide effort to roll back recognition and protections of transgender people under federal civil rights law.

A series of decisions by the Obama administration loosened the legal concept of gender in federal programs, including in education and health care, recognizing gender largely as an individual’s choice and not determined by the sex assigned at birth. Conservatives, especially evangelical Christians, were incensed.

Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times. The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times.

According to reports, the HHS Department is also trying to persuade the Departments of Education, Justice and Labor to adopt the policy in an effort to provide a more unified front in the certain-to-be-filed lawsuits.

The Human Rights Campaign quickly issued a statement denouncing the proposal.

“Setting a destructive precedent, the Trump-Pence administration intends to erase LGBTQ people from federal civil rights protections and eviscerate enforcement of non-discrimination laws,” said HRC President Chad Griffin.

“Defining ‘sex’ in this narrow language tailored to the talking points of anti-equality extremists is part of a deliberate strategy to eliminate federal protections for LGBTQ people,” added Griffin. “This is a direct attack on the fundamental equality of LGBTQ people and, if this administration refuses to reverse course, Congress must immediately take action by advancing the Equality Act to ensure that LGBTQ people are explicitly protected by our nation’s civil rights laws.”

The HRC suggests the administration’s policy change could have drastic consequences for LGBTQ people across the federal government. For example:

• Same-sex couples and their families could be turned away from emergency shelters
• A transgender person could have their insurance deny them coverage for transition related care
• A gay man could be harassed about being gay at a job skills training
• An elderly same-sex couple could be denied in home meal service
• A transgender woman could be turned away from a hospital for a broken ankle

The answer to all of this would be the passage of The Equality Act which adds clear, comprehensive non-discrimination protections for LGBTQ people to our nation’s civil rights laws.

The legislation has 246 cosponsors in Congress, and 117 major corporations have announced their support.

Rep. Nancy Pelosi, who could become the Speaker of the House after the midterm elections, has publicly stated she feels the passage of The Equality Act would be a high priority and one that is very personal to her.

LGBTQ discrimination is a real and persistent problem in the U.S.

Polling by the Human Rights Campaign has found that nearly two-thirds of self-identified LGBTQ Americans report experiencing discrimination.

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Poll: Trump Voters Say Straight Men Face Most Discrimination

A new poll by You.gov/The Economist shows among Trump voters believe straight men face more discrimination than any other demographic in the U.S. today.
Donald Trump

If you ever needed more evidence how reality skews for folks on opposite sides of the political spectrum, look no further.

A new poll by You.gov/The Economist shows among Trump voters believe straight men face more discrimination than any other demographic in the U.S. today.

Participants were asked “How much discrimination do the following people face in America today?”

They were then given a list of demographics and a choice of responses: “none at all,” “not much,” “a fair amount,” and “a great deal.”

A combined 49% of Trump voters said men face significant discrimination (18% “a great deal,” 31% “a fair amount”).

When asked about LGBTQ folks, 41% of Trump voters feel the gays face discrimination (9% “a great deal,” 32% “a fair amount”).

A combined 42% said Mexican-Americans face “a great deal” (9%) or “a fair amount” (33%) of discrimination.

A combined 38% said African-Americans face “a great deal” (8%) or “a fair amount” (30%) of discrimination.

A combined 27% said Asian-Americans face “a great deal” (6%) or “a fair amount” (21%) of discrimination.

Not surprisingly, only 30% of Trump voters feel women face “a great deal” (7%) or “a fair amount” (23%) of discrimination.

This all seems to correlate with recent public statements by Republicans, including Donald Trump, who during the recent hearings to confirm Justice Brett Kavanaugh told the press it’s a “very scary” time for men in America.

Back in August, a poll by Public Religion Research Institute found Republicans believe discrimination has lessened substantially over the past few years for LGBTQ people, women, Jewish people and Muslim people.

And there you have it…

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Video: Dating While Asian

Model Kevin Kreider shares his experience of discrimination on dating apps because he's Asian

An actor and friend of mine shared this video on Facebook and it really struck me.

First of al,l because my friend and the man in the video, model Kevin Kreider, are both really good looking.

Kreider is straight, my friend is gay, but both encountered the same bias and discrimination in online dating – “No Asians.”

And this isn’t new. From early dating websites to hook up apps today, gay and straight, this is something folks see all the time.

No Asians. No Blacks. No fats. No femmes.

That’s what folks put in their online profiles.

Now, some might say, “Well, that’s their preference.”

But look at what you’re missing out on by putting that out there, up front. You’re missing a great guy whose hot like Kevin Kreider.

It’s important to note, as well, the sinister, negative effects these messages have over time on people.

“I remember growing up wanting to be white. I didn’t want to be Asian. But after all this, I realized I didn’t actually want to be white, I wanted to be treated like I was white.”

Imagine the toll that would take on your psyche over a lifetime.

As Kreider says, he began to abuse alcohol and drugs to cope with slow-growing depression over being constantly dismissed.

It’s a short video, but definitely worth a watch.

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Starbucks Apologizes After Two Black Men Arrested/Released With No Charges Filed

Six police officers arrest two men at a Philadelphia Starbucks
for asking to use the restroom

The arrest of two black men in a Philadelphia Starbucks has gained national attention as cellphone video footage has gone viral showing six officers handcuffing the men whose only crime seems to have been asking to use the bathroom while waiting for a friend.

According to reports a white female manager called the police.

A chagrined Starbucks CEO has now issued an apology to the men saying company training “led to a bad outcome.”

From the Washington Post:

In a statement to Starbucks customers and employees Saturday, CEO Kevin Johnson acknowledged “a disheartening situation in one of our Philadelphia-area stores this past Thursday, that led to a reprehensible outcome.”

Cellphone videos captured the tense moment Thursday afternoon when at least six Philadelphia Police Department officers stood over two seated black men, asking them to leave. A man named Andrew Yaffe arrives to tell police that the two men were waiting for him. The officer says that they were not complying and were being arrested for trespassing.

Lauren Wimmer, the attorney for the two men, told The Washington Post that her clients told a Starbucks employee that they were waiting for Yaffe. Shortly after, a white female employee called the police, Wimmer said.

The two men, whom she declined to identify, were taken to a police station, fingerprinted and photographed. One officer suggested that they faced charges for “defiant trespassing,” Wimmer said. They were held for nearly nine hours before they were released, she said, after prosecutors said they would not pursue charges.

Benjamin Waxman, a spokesman for Philadelphia District Attorney Larry Krasner, said the office decided that there “wasn’t sufficient evidence to charge [the men] with a crime.”

In his statement, Johnson said the video was hard to watch and that he hopes to meet the two men to offer “a face-to-face” apology, adding that the company’s practices and training “led to a bad outcome — the basis for the call to the Philadelphia police department was wrong.”

“Our store manager never intended for these men to be arrested and this should never have escalated as it did,” Johnson said.

An official at Starbucks told the WaPo that there is no official company-wide policy on asking member of the public to leave. Apparently store managers are left to make such decisions.

Why this store manager decided to let this incident escalate to such a degree is not clear.

The official went on to say the handling of this matter was not how most store managers would have handled the situation.

As a white male, I’ve spent hours and hours in Starbucks all over the world. I’ve never been asked to leave.

From Kevin Johnson, CEO of Starbucks:

First, to once again express our deepest apologies to the two men who were arrested with a goal of doing whatever we can to make things right. Second, to let you know of our plans to investigate the pertinent facts and make any necessary changes to our practices that would help prevent such an occurrence from ever happening again. And third, to reassure you that Starbucks stands firmly against discrimination or racial profiling.

In the coming days, I will be joining our regional vice president, Camille Hymes—who is on the ground in Philadelphia—to speak with partners, customers and community leaders as well as law enforcement. Most importantly, I hope to meet personally with the two men who were arrested to offer a face-to-face apology.

We have immediately begun a thorough investigation of our practices. In addition to our own review, we will work with outside experts and community leaders to understand and adopt best practices. The video shot by customers is very hard to watch and the actions in it are not representative of our Starbucks Mission and Values.

Creating an environment that is both safe and welcoming for everyone is paramount for every store. Regretfully, our practices and training led to a bad outcome—the basis for the call to the Philadelphia police department was wrong. Our store manager never intended for these men to be arrested and this should never have escalated as it did.

Philadelphia Mayor Jim Kenney issued a statement which read, in part:

“I am heartbroken to see Philadelphia in the headlines for an incident that — at least based on what we know at this point — appears to exemplify what racial discrimination looks like in 2018. For many, Starbucks is not just a place to buy a cup of coffee, but a place to meet up with friends or family members, or to get some work done. Like all retail establishments in our city, Starbucks should be a place where everyone is treated the same, no matter the color of their skin.

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AG Jeff Sessions: I’m Not Sure If Federal Workers Can Discriminate Against LGBTs

Attorney General Jeff Sessions

According to testimony before U.S. Senate Oversight Committee, Attorney General Jeff Sessions isn’t sure if federal workers can or cannot blatantly discriminate against LGBT people.

From Dominic Holden at ThinkProgress:

During Wednesday’s Justice Department Oversight Hearing, Sen. Dick Durbin (D-IL) asked Attorney General Jeff Sessions about the Department of Justice’s new “religious freedom” guidance. In particular, Durbin was concerned about how the guidance might enable anti-LGBTQ discrimination, asking Sessions to respond to several hypotheticals.

“Could a social security administration employee refuse to accept or process spousal or survivor benefits paperwork for a surviving same-sex spouse?” Durbin asked.

There was a long pause. “That’s something I never thought would arise, but I would have to give you a written answer to that, if you don’t mind.” Sessions responded.

Durbin countered, “I’d like to have that,” then launched right into another hypothetical. “Could a federal contractor refuse to provide services to LGBTQ people, including in emergencies, without risk of losing federal contracts?”

“Likewise, but I would say to you — are you citing Title VII for this? Or the guidance? I’m not sure that’s covered by it, but I’ll look.”

Sessions is famously anti-LGBT on just about every issue.

Watch the exchange below.

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Out Short Film: “No Place Like Home”

I encourage you to stop for just a few minutes and watch the captivating 7 minute short film, No Place Like Home by David Velduque, starring Marius Praniauskas.

The official synopsis:

No Place Like Home is the story of Niko, a guy who enjoys his life and his sexuality at it’s full potential.

Suddenly he will have to go back home to his country in eastern Europe to take care of his ill mother.

Nothing is what it seems and soon he will realize what is really going on.

A breathtaking roadtrip about the discrimination and violence against the LGTBIQ community around the world.

As World Pride begins in Madrid, Spain, it’s important to remember LGBTs around the world face terrible violence and discrimination.

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5th Circuit Court Of Appeals Gives Thumbs Up To Mississippi’s Anti-LGBT Discrimination Law

The 5th Circuit Court of Appeals has reversed the ruling by a federal judge who found Mississippi’s anti-LGBT discrimination law unconstitutional.

The law allows merchants and government employees to deny services to LGBTs based on religious beliefs.

Via Lambda Legal:

Today, the U.S. Fifth Circuit Court of Appeals reversed the injunction against Mississippi House Bill 1523, the discriminatory anti-LGBT legislation challenged in Barber v. Bryant, the federal lawsuit brought by Mississippi civil rights attorney Robert McDuff, the Mississippi Center for Justice and Lambda Legal. The advocates will continue to fight this discriminatory law.

Overruling the lower court decision, a three-judge panel of the Fifth Circuit denied that LGBT Mississippians are subject to imminent discrimination by HB 1523 and ordered the block to the law lifted because the plaintiffs—a group of ministers, LGBT residents, community leaders and activists—lack standing since they cannot claim a specific harm caused by the law that has yet to go into effect.

“We had to put guards in front of our church after the bill initially passed because there was a truck with a swastika parked across the street and just this week the Christian Knights of the KKK distributed flyers throughout the Hattiesburg area. Today’s ruling leaves us more exposed, so we will have to be more vigilant than ever before to protect our church, our families and our dignity,” said Brandiilyne Mangum-Dear, Barber plaintiff.

More from Chris Johnson at the Washington Blade:

The law prohibits the state from taking action against religious organizations that decline employment, housing or services to same-sex couples; families who’ve adopted a foster child and wish to act in opposition to same-sex marriage; and individuals who offer wedding services and decline to facilitate a same-sex wedding.

Additionally, the bill allows individuals working in medical services to decline to afford a transgender person gender reassignment surgery. The bill also allows state government employees who facilitate marriages the option to opt out of issuing licenses to same-sex couples, but the person must issue prior written notice to the state government and a clerk’s office must not delay in the issuing of licenses.

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Lawsuit: Detroit Woman Kicked Out Of Restaurant Bathroom For Looking ‘Like A Man’

Cortney Bogorad, while having dinner at restaurant chain Fishbone’s Rhythm City Cafe in Detroit, was making use of the bathroom facilities when she heard yelling outside the door. A voice, that turned out to be a security guard, was demanding that “whatever man is in the restroom needs to come out now.” Being a woman, Bogorad ignored him.

And that’s where things escalated.

From The Advocate:

The guard allegedly entered the bathroom yelling, “This is a woman’s bathroom, if you are a man, come out!” and pulled Bogorad by the arms out of the stall when she opened its door. She said he then pushed her up against the wall, saying “boys aren’t allowed in this restroom,” according to the Detroit Free Press.

“He was much bigger than me, at least three times my size,” Bogorad told WXYZ. In her lawsuit, she explained that she and a friend informed the man repeatedly that she was a woman, and offered to show her legal identification stating that she was female, but the guard refused to see it, instead shouting inches from her face, “Get out of the women’s restroom!”

According to Bogorad, the guard then pushed her out of the bathroom where she saw a person she thought might be a restaurant manager. When Bogorad tried to explain to the man that she was a woman and show him her ID, she said he, too, ignored her efforts to prove her identity.

The guard allegedly then took his security badge, and holding it just inches from Bogorad’s face, yelled that he was a security guard.

When Bogorad pushed the badge away, that’s when she said the guard picked her up “against my will” by the shirt and bra. He then “aggressively” pushed her to the restaurant’s front door, exposing her “upper torso” to other customers, and threw her out of the resturant onto the street outside, causing physical injuries, Bogorad said.

Her lawsuit, filed at Wayne County Circuit Court on June 10, is seeking $25,000 for physical and emotional damages, battery, and gross negligence.

“This could have happened to anybody,” Bogorad told WXYZ. “There’s lots of females out there who look like boys, but at the end of the day we’re not.” She added that she is suing in hopes that the same humiliating experience never happens again to another customer at a Fishbone’s.

Fishbone’s has declined to publicly comment on Bogorad’s allegations.

Many states have attempted to pass “bathroom bills” that could lead to many more situations just like this in an attempt to police gender specific bathrooms.

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NCAA Final Four Coaches Issue Statement On Indiana’s “Religious Freedom Act” Debacle

The four coaches of the NCAA Final Four teams have issued a joint statement addressing the ongoing  issue of Indiana’s RFRA law as the basketball world focuses on Indianapolis this weekend:

“We are aware of the recent actions in Indiana and have made a point to talk about this sensitive and important issue among ourselves and with our teams.

“Each of us strongly supports the positions of the NCAA and our respective institutions on this matter – that discrimination of any kind should not be tolerated.

“As a part of America’s higher education system, college basketball plays an important role in diversity, equality, fairness and inclusion, and will continue to do so in the future.”