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THE HARM CAUSED BY DISCRIMINATION AGAINST LGBT PEOPLE: A SNAP SHOT

This is a very quick overview of findings, and rough outline of various academic sources, indicating the nature and extent of “harm” caused by discrimination against LGBT people.  There are also various new reports listed below, including a new report out on Transgender discrimination, but the info in those has not yet been integrated into this overview (except the 41% suicide attempt).

Please review, and make comments, corrections and send more or better information along ([email protected]). This is a rough draft to get this conversation started.  It is far from exhaustive, particularly in exploring the precise types of psychological affects underpinning the mental health impacts such as depression, anxiety, etc. So more is needed, but once we expose the harm, the duty to remedy will be obvious and mandatory. Thank you for caring.

THE HARM CAUSED BY DISCRIMINATION AGAINST LGBT PEOPLE

“The US has fallen behind many other countries in the legal recognition of the basic human rights of LGBT people.” Amnesty International ‘05

“Persecution of people because of their sexual orientation .. is every bit as unjust as that crime against humanity, apartheid.”  Desmond Tutu ‘04

Homophobia Harms Mental Health poster

HOW MANY ARE WE? Roughly 15 to 23 million plus; somewhere between 2% and 7.5% of the population ((of 312 million population: 113 million adult men + 119 adult women + 80 million under 18), plus “encounters”
INDIANA UNIV. STUDY: 8% men; 7% women (approx. 23.4 million), identifying LGB, many more with same-sex encounters.

JOURNAL OF HOMOSEXUALITY (JH) – EXPERT REPORT ON SUICIDE:
TRANS: .02%. (624,000)
TRANSSEXUALS identifying as LGB (post transition): 31% MTF & 65% FTM are GLB.
ATTRACTION: 7.7% men (8.7 million); 3.5% women (4.2 million)– same-sex sexual attraction (1994) – appox. 13 million adults; (5.6% average) 18 million total population.
ACTION: 4.7% adult men (5.3 million); 3.6% women (4.3 million) – one same-sexed partner – approx. 9.6 million. (4.15%)
LIVING: 2.5% adult men (2.8 million); 1.4% women (1.7 million)– exclusively same-sex past year – approx. 4.5 million. (1.9%)
STUDENTS: 3% of students 9-12 LGB (age 14 to 17; 501th)
YOUNG ADULTS: 3.2% age 18-26 (up to 24; appox. 1 million)

SAME-SEX UNIONS: 600th (2000 Census; 62% under representative, real total: 1 million unions, 2 million people?)(sounds very low)
MILITARY: 36,000 (2.8%; 65,000th including guard/reserves)
SAME-SEX Bi-NATIONAL COUPLES: 36,000 (number disputed)
CLOSET: 1/3 of LGB people in closet at work (5.6 million people living in daily fear)

TOTAL LGBT Americans: 23.4 million, more with same-sex attraction
MY CONCLUSION: More same-sex behavior/attraction than identify as GLB = successful repression regime.

KEY FINDINGS ON HARMFUL IMPACTS OF DISCRIMINATION:
-LGBT people are roughly 4 times as more likely to attempt suicide (JH, 18)
-LGBT people suffer Gay Related Stress/Minority Stress, post-traumatic stress disorder (JH, 22)
-Prejudice, Discrimination and victimization is a major mental health concern (HP, 218) causes much higher rates of Major Depression, General Anxiety, Conduct Disorder, and Alcohol/Substance Disorder (HP; JH)
-LGBT are 6 times more likely to have multiple disorders (JH,22)
-30% of LGBT people have alcohol abuse, compared to 9% of general population. (Center for Am. Progress).
-LGBT are 20-40% of 2 million homeless youth (73% parental rejection) (JH, 22)
-LGBT youth experiencing parental rejection are 8 times more likely to commit suicde (JH, 22)
-33% of all teen suicides are LGBT (YI) (solutions: family connectedness, caring from other adults, school safety, GL community, positive sexual identity) (JH, 26)
-Transgendered: 41% suicide attempt rate (TransStudy); 60% attacked in violent assaults (CA report?) (All Trans numbers need updated from the new study just released, but the 41% suicide rate is from that doc)
-Denial of one’s true self?? Anger, Resentment? Twisted sense of loyalty to abusers/country? Disenfranchisement. Objectification. (Queer Theory literature needed).

ACTIVE INSTITUTIONAL DISCRIMINATION
-In states with NO hate crimes or employment discrimination laws, 5 times more likely to have 2 or more disorders (p. 24)
-In states with hostile political campaigns (anti-gay marriage campaigns), mood disorders increased by 1/3.
-1974 to 2009, 115 efforts to repeal protections, or mandate discrimination – 50% passed (WIpp), 23).
-Police Abuse: Amnesty International Report: there is profiling, selective enforcement; sexual, physical and verbal abuse; abuse in arrest and detention (including rape); fear of reporting; identity-based mistreatment.
-Elected officials in all 50 states show hostility towards G/L (PvS, 99).

ACTIVE SOCIETAL DISCRIMINATION
-Employment Discrimination. William’s Institute study: wide spread discrimination, state and local government employees (police departments), private, federal as well.
-44% LGB, 66% T – employment discrimination. Weekly; Steady fear. Fired/not hired, Harassment, Abused (41% in Topeka), Lower Earnings, Unfair Scrutiny (WI07, 4, 7; Utah, CA).
-Housing Discrimination (HUD). No national study. Michigan found 30% of same-sex applicants encountered different treatment, including harassment.
-School Safety. 61% felt unsafe at school because of SO, and 40% because of gender expression (GLSEN). Huge numbers of verbal and physical harassment, and almost 20%/12.5% assaulted (punched, kicked or injured with a weapon) (GLSEN). 5x more likely to commit suicide, lower goals, miss school.
-Religious beliefs that G/L relationships are sinful or inferior cause harm (PvS)
-Gays and lesbians have a long and on-going history as victims of discrimination (PvS, 96, 98)
-Violence directed against group is vicious and increasing (PvS, 97)

STATE PATCH WORK NON-DISCRIMINATION
-29 states with NO employment anti-discrimination laws for SO
-38 states with NO employment anti-discrimination laws for GI
-30 states with NO housing protections for SO&GI
-35 states with NO anti-bullying protections for SO&GI
-36 states have laws or Constitutional amendments against same-sex marriage

FEDERAL ACTION
-Sodomy de-criminalized by Supreme Court (June 2003)

-Hate Crimes Laws (enhanced penalties for violent attacks) (111th, 2009)

-DADT repealed, but not reversed legally (111th, 2010)

-DOMA Sec. 3 overturned by SCOTUS so federal government now recognizes same-sex marriages. But state non-recognition of other states still in place.

-NO FEDERAL LAW outlawing SO&GI discrimination in anything

-NO FEDERAL LAW ending state marriage discrimination

KEY RECOMMENDATION

CHANGE THE PUBLIC POLICY
Amnesty International, American Psychological Association:
Comprehensive Policy Change of Non-discrimination laws at the federal, state and local level (APA, p. 40; AI)
GLSEN:  Comprehensive Bullying/Harassment polices and laws.

“The American Psychological Association supports and urges the enactment of civil rights legislation at the local, and state and federal level that would offer citizens who engage in acts of homosexuality the same protections now guaranteed to others on the basis of race, creed, color, etc.” Conger, J.J. (1975). Proceedings of the American Psychological Association, Incorporated, for the year 1974: Minutes of the annual meeting of the Council of Representatives. American Psychologist, 30, 620-651. http://www.apa.org/about/governance/council/policy/discrimination.aspx

Amnesty International: “Federal, sate and local gov’ts should ensure that national, state and local laws prohibit all forms of discrimination based on sexual orientation and gender identity.”

SOURCES (Please send others, corrections):

JOURNAL OF HOMOSEXUALITY (JH)
Suicide and Suicide Risk in LGBT Populations, (Jan. 8, 2011)
http://www.informaworld.com/smpp/title~content=t792306897

AMNESTY INTERNATIONAL (AI)
1. USA: Stonewalled: Police Abuse and Misconduct against LGBT people in America (2005).
http://www.amnesty.org/en/library/info/AMR51/122/2005
2. (Variation on #1 above): Stonewalled – still demanding respect (2006): (profiling, selective enforcement; sexual, physical and verbal abuse; abuse in arrest and detention; fear of reporting; identity-based mistreatment.)
http://www.amnestyusa.org/document.php?id=ENGAMR510012006&lang=e
“Federal, sate and local gov’ts should ensure that national, state and local laws prohibit all forms of discrimination based on sexual orientation and gender identity”

GLSEN
2009 National School Climate Survey (harm to students)
Nearly 9 out of 10 – harassment. 2/3-unsafe. 1/3 skipped school.
Recommends legal response, implementation and GSAs.
http://www.glsen.org/cgi-bin/iowa/all/library/record/2624.html?state=research&type=research

WILLIAMS INSTITUTE (WI)
1. Employment. (Wide-spread discrimination, state and local gov’t employees. Same for private, fed and local govt.
http://www.law.ucla.edu/williamsinstitute/programs/ENDA/Testimony%20on%20R%20%20Bradley%20Sears%20HR%203091%20(2).pdf
3. State Employment Discrimination: http://www.law.ucla.edu/williamsinstitute/programs/EmploymentReports_ENDA.html (and powerpoint (WIpp))
4. General Employment (07 survey overview) (WIO7) (mentions an “public accommodation discrimination” study – but I’ve not found it):
http://escholarship.org/uc/item/5h3731xr#page-1

HOUSING AND URBAN DEVELOPMENT (HUD)
1. Press release (1-20-11) http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2011/HUDNo.11-006
(No national information – HUD Conducting New Research).
2. referenced: State level: Michigan ‘07: http://www.fhcmichigan.org/images/Arcus_web1.pdf
(“27% same-sex couples ‘treated differently’ buying/renting housing”)

TRANSGENDER LAW CENTER
California 09: (CA) http://www.transgenderlawcenter.org/pdf/StateTransCA_report_2009Print.pdf

NATION CENTER FOR TRANSGENDERED RIGHTS & NGLTF

National Transgender Discrimination Report:  http://endtransdiscrimination.org/report.html

AMERICAN PSYCHOLOGICAL ASSOCIATION, Office of LGBT Concerns (APA)
Psychological effects of anti-LGBT discrimination.
Policy Statements: http://www.apa.org/pi/lgbt/resources/policy/index.aspx
Amicus Briefs: http://www.apa.org/pi/lgbt/resources/amicus.aspx
Resolution opposing discriminatory legislation and initiatives (confirming harm): http://www.apa.org/about/governance/council/policy/discriminatory-legislation.aspx

SOCIETY FOR THE PSYCHOLOGICAL STUDY of LGBT ISSUES (Division 44)
All sorts of research angles and resources (more for academics)
http://www.apadivision44.org/resources/research.php

GAY & LESBIAN MEDICAL ASSOCOCIATION. “Healthy People 2010” (HP)
http://www.google.com/url?sa=t&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.glma.org%2F_data%2Fn_0001%2Fresources%2Flive%2FHealthyCompanionDoc3.pdf&rct=j&q=Healthy%20people%202010%3A%20companion%20document&ei=moc8TbaPNsT68Aa2zdjDCg&usg=AFQjCNHhyt1wen6_Tn7PNSjVYKDIJ3AMtg&cad=rja (higher rates of major depression and panic attack, p. 219)

FAMILY ACCEPTANCE PROJECT
School victimization, family rejection.
http://familyproject.sfsu.edu/publications

YES INSTITUTE (YI)
http://yesinstitute.org/resources/statistics_and_research.php

UNIVERSITY OF FLORIDA:
YOUTH FAMILY IN SYSTEMS OF CARE
http://rtckids.fmhi.usf.edu/rtcpubs/FamExp/lgbt-mono.pdf

URBAN INSTITUTE (demographics)
http://www.urban.org/toolkit/issues/gayresearchfocus.cfm
Unions: http://www.urban.org/publications/1000491.html

INDIANA UNIVERSITY (national sex study)
http://www.nationalsexstudy.indiana.edu/

FAITH IN AMERICA (religion teaching is cause of harm, anecdotal examples)
http://www.faithinamerica.com/

PUBLIC POLICY (ANTI-DISCRIMINATION) STATEMENTS BY MAJOR ORGANIZATIONS
APA: http://www.apa.org/pi/lgbt/resources/policy/index.aspx
Various (NAACP, ACLU, posted by WI): http://www2.law.ucla.edu/williamsinstitute/programs/EmploymentReports_ENDA.html

Desmond Tutu, forward to Love, Sex & Homophobia (Amnesty Int’l).

http://www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article451901.ece

http://www.afrol.com/articles/13584

FEDERAL COURT CASES
1. Lawrence v. Texas, 539 U.S. 558 (26 June 2003) (sodomy laws unconstitutional)
Syllabus/Opinions: http://www.law.cornell.edu/supct/html/02-102.ZS.html
2. Perry v. Schwarzenegger (PvS), Marriage Discrimination Unconstitutional (go team!)
Decision: http://documents.nytimes.com/us-district-court-decision-perry-v-schwarzenegger#document/p79
http://en.wikipedia.org/wiki/Perry_v._Schwarzenegger#Decision
3. Gill v. O.P.M., DOMA, Sec. 3 Unconstitutional (go team!), Decision: http://www.scribd.com/doc/34073588/Decision-in-Gill-v-OPM
http://en.wikipedia.org/wiki/Gill_v._Office_of_Personnel_Management

NEW RESOURCES, NOT REFLECTED IN THE ABOVE:

1.  United States Commission on Civil Rights:  Violence & Bullying 2011 (possibly the 1st USCCR report including LGBT issues, thank you Roberta Achtenberg!). http://www.usccr.gov/pubs/2011statutory.pdf

2.  Movement Advancement Project:  All Children Matter: How Legal and Social Inequalities Hurt LGBT Families.  2011. http://www.lgbtmap.org/lgbt-families

3.  Public Health Implications of Same-Sex Marriage,  William C. Buffie, MD, Published by Am. J. Public Health. June 2011.  http://indianaequality.typepad.com/files/ajph.article.pdf

4.  Institute of Medicine of the National Academies:  “The Health of Lesbian, Gay, Bisexual, and Transgender People:  Building a Foundation for Better Understanding.” http://www.iom.edu/Reports/2011/The-Health-of-Lesbian-Gay-Bisexual-and-Transgender-People.aspx

5.  Wyoming Bullying Study.  http://trib.com/news/state-and-regional/wyoming-students-report-increases-in-bullying-being-bullied/article_4e169be8-bd39-5fe0-b5c7-51c187ede1d9.html

6.  La Trobe University (Australia): http://bigpondnews.com/articles/National/2012/04/03/Gays_suffer_poor_mental_health_-_survey_735812.html#.T4WinKCB6dY.facebook

7. “Interactions of Latina Transgender Women with Law Enforcement”: http://williamsinstitute.law.ucla.edu/research/transgender-issues/interactions-of-transgender-latina-women-with-law-enforcement/

8.  Boston University:  Parental Support Helps Mitigate Harmful Effects of Discrimination: http://psychcentral.com/news/2012/04/11/parental-support-of-coming-out-improves-long-term-health/37203.html

9. LAMBDA Legal (Survey on Health Care discrimination): http://www.lambdalegal.org/news/ny_20100204_lambda-releases-health

10. NGLTF/NCLR Report Series on Native American Trans Discrimination: http://www.advocate.com/politics/transgender/2012/10/14/over-half-native-trans-people-have-attempted-suicide

11. LGBT Population Survey. http://williamsinstitute.law.ucla.edu/wp-content/uploads/Gates-LLR-Spring-2012.pdf

12. Pride Institute. 20-25% of LGBT people are heavy alchol users. http://pride-institute.com/about/why-lgbt-treatment/

13. The Handbook of Psychology and Sexual Orientation. http://www.amazon.com/Handbook-Psychology-Orientation-Charlotte-Patterson/dp/0199765219

14. Anti-gay prejudice increases health risks. http://sdgln.com/health/2011/09/05/new-studyanti-gay-prejudice-increases-health-risks-gays-lesbians-and-bisexuals

15. Center for American Progress: Discrimination causes 30% LGBT to have Alcohol Abuse. http://www.americanprogress.org/issues/lgbt/report/2012/03/09/11228/why-the-gay-and-transgender-population-experiences-higher-rates-of-substance-use/


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