A new report by a United Nations expert has called attention to the deplorable state of LGBTQ rights in the United States, despite the Biden administration’s emphasis on formalistic displays of visibility and statements of solidarity.
“Despite five decades of progress, equality is not within reach, and often not even within sight, for all persons impacted by violence and discrimination based on sexual orientation and gender identity in the United States,’’ Victor Madrigal-Borloz, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, said in a report published on Tuesday.
“I am deeply alarmed by a widespread, profoundly negative riptide created by deliberate actions to roll back the human rights of LGBT people at the state level,” said Madrigal-Borloz, a Costa Rican lawyer who took the UN job in 2018.
He noted “deeply discriminatory measures seeking to rebuild stigma” against LGBTQ people, including limiting sexual education, access to gender-affirming treatment, and the ability of trans people to play sports of their gender or access public facilities for their gender.
“The evidence shows that, without exception, these actions rely on prejudiced and stigmatizing views of LGBT persons, in particular transgender children and youth, and seek to leverage their lives as props for political profit,” he said.
Attacks Push LGBTQ People Into Poverty
Madrigal-Borloz’s report was based on a 10-day visit to Washington, DC; Birmingham, Alabama; Miami, Florida; and San Diego, California. In each place, he met with state officials and members of civil society who shared their experiences and life stories with him.
He noted that in particular, two of the most vulnerable groups of people, LGBTQ persons of color and LGBTQ asylum seekers at the US-Mexico border, continued to face exceptional inequalities and dangers as a consequence of discrimination against them.
Demonstrators gather on the steps to the State Capitol to speak against transgender-related legislation bills being considered in the Texas Senate and Texas House, Thursday, May 20, 2021 in Austin, Texas.
© AP Photo / Eric Gay
The impact of this discrimination is substantial. LGBTQ people experience substantially higher rates of poverty, homelessness, and violence than their straight counterparts, as well as lower pay than their colleagues. A McKinsey study published in late 2021 found that transgender women make just 60% of the wages that their cisgender counterparts make in the same positions, even when the trans women have higher educational achievement.
A study by the Trevor Project in 2021 also found that LGBTQ youth are more than four times as likely to attempt suicide than their peers, and that the attempted suicide rate for trans youth who don’t receive affirming social treatment or medical care is over 50%. When they do receive affirming care, the number drops to single digits.
According to the HRC, more than 200 bills seeking to limit the rights of LGBTQ people have been introduced in US state legislatures in 2022 - the most of any year - and many have passed into law. In other situations, such as in Texas, Florida, and South Dakota, issues that their conservative governors could not get bills passed on were instead implemented by executive order, circumventing the democratic process to ensure unequal treatment of LGBTQ people.
Biden Praised, But Moves Are Few
Madrigal-Borloz praised the Biden administration, claiming it had “adopted powerful and meaningful actions” in line with international human rights law, as well as “a thoughtful strategy” for confronting the attacks.
“In light of a concerted attack to undermine these actions, I exhort the administration to redouble its efforts to support the human rights of all LGBT persons living under its jurisdiction, and helping them to safe waters,’’ he said.
Biden has made numerous symbolic appointments of LGBTQ figures to his government, including Transportation Secretary Pete Buttigieg, Assistant Secretary for Health Rachel Levine, and White House Press Secretary Karine Jean-Pierre. He also reversed several anti-LGBTQ orders dating to the Trump administration on his first day in office, and pledged to pass the Equality Act within the first 100 days of his presidency.
White House press secretary Karine Jean-Pierre speaks during the daily briefing at the White House in Washington, Monday, Aug. 29, 2022.
© AP Photo / Susan Walsh
However, almost two years later, the Equality Act continues to languish in the Senate, unable to get past a 60-vote filibuster blocking its passage. Republicans have used the rule to block much of Biden’s ambitious legislative agenda, and he has faced wide pressure from his own party to bypass the rule, which is not derived from the US Constitution’s rules about congressional procedure. He has so far been reluctant to do so.
Foreign Policy Weapon
The contradiction is significant, given how in foreign policy the US has postured in recent years as a leader in LGBTQ rights and a defender of them around the globe. It has cynically used the issue to build domestic support for attacking other nations, including Russia, Iran, and China.
“There will be no ambiguity,” a senior Biden administration official told the media in February 2021. “This is not the word of one envoy or cabinet secretary. Biden wants this to be seen as the policy of the United States government. This administration prioritizes LGBTQ rights as human rights.”
Meanwhile, some of those countries, such as Cuba and China, have continued to make advances in LGBTQ rights. Last month, Cuba prepared to vote on a new constitution that enshrines the right to same-gender marriage, and Shanghai opened its first health clinic for trans youth last year.