More Adult Americans Are Identifying as L.G.B.T., Gallup Poll Finds

L.G.B.T. Overlooked

A survey found that 5.6 percent of adults described themselves as L.G.B.T. in 2020, up from 4.5 percent in 2017.

A Gallup survey released Wednesday has found that more adult Americans are identifying as L.G.B.T., a shift that pollsters see as driven, at least in part, by people in younger generations who are more likely to consider themselves to be something other than heterosexual.L.G.B.T. inclusive sex education

The poll found that 5.6 percent of adults identified as lesbian, gay, bisexual or transgender, rising from 4.5 percent in 2017, the last time Gallup reported an annual update. The poll also found that more than half of L.G.B.T. adults identified as bisexual.

One in six adults in Generation Z, people born between 1997 and 2002, identify as L.G.B.T., the poll found. The growth in Americans who identify as L.G.B.T.Q. is likely to continue to increase, Gallup’s senior editor, Jeffrey Jones, wrote in announcing the results. That is because those in younger generations are more likely than those in older generations to to consider themselves L.G.B.T., he said.

Americans have been more supportive of equal rights for L.G.B.T.Q. people, Mr. Jones said, prompting an increase in people who identify themselves as L.G.B.T.

“I think the findings prove that visibility and acceptance, when combined, will bust out closet doors,” said Sarah Kate Ellis, the president and chief executive of GLAAD, an L.G.B.T.Q. media organization and advocacy group.

The survey was based on more than 15,000 interviews conducted throughout 2020 with Americans in all 50 states and the District of Columbia who were 18 or older. Those surveyed were interviewed by both cellphone and landline. They were asked: “Which of the following do you consider yourself to be? You can select as many as apply: straight or heterosexual; lesbian; gay; bisexual; transgender.”

Gallup said the poll’s margin of error was plus or minus one percentage point for all adults, and plus or minus five percentage points for L.G.B.T. adults.

The identity question in the most recent poll was more detailed than in previous years, Mr. Jones said. Respondents answered their precise sexual orientation instead of answering “yes” or “no” to whether they identified as L.G.B.T.

The Supreme Court has made several landmark rulings in the past decade, adding to a more supportive climate for L.G.B.T.Q. people. In 2013, the court ruled that married same-sex couples were entitled to federal benefits. In 2015, the court ruled that same-sex marriage was a nationwide right. Most recently, it ruled in June that civil rights law protected gay and transgender workers.

NHYTimes.com, by Christina Morales, February 25, 2021

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Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules

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The court said the language of the Civil Rights Law of 1964, which prohibits sex discrimination, applies to discrimination based on sexual orientation and gender identity.

The Supreme Court ruled Monday that a landmark civil rights law protects gay and transgender workers from workplace discrimination, handing the movement for L.G.B.T. equality a stunning victory.legal surrogacy in New York

The vote was 6 to 3, with Justice Neil M. Gorsuch writing the majority opinion. He was joined by Chief Justice John G. Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

The case concerned Title VII of the Civil Rights Act of 1964, which bars employment discrimination based on race, religion, national origin and sex. The question for the justices was whether that last prohibition — discrimination “because of sex”— applies to many millions of gay and transgender workers.

The decision, covering two cases, was the court’s first on L.G.B.T. rights since the retirement in 2018 of Justice Anthony M. Kennedy, who wrote the majority opinions in all four of the court’s major gay rights decisions.

Those decisions were grounded in constitutional law. The new cases, by contrast, concerned statutory interpretation.

Lawyers for employers and the Trump administration argued that the common understanding of sex discrimination in 1964 was bias against women or men and did not encompass discrimination based on sexual orientation and gender identity. If Congress wanted to protect gay and transgender workers, they said, it could pass a new law.

Lawyers for the workers responded that discrimination against employees based on sexual orientation or transgender status must as a matter of logic take account of sex.

The court considered two sets of cases. The first concerned a pair of lawsuits from gay men who said they were fired because of their sexual orientation. The second was about a suit from a transgender woman, Aimee Stephens, who said her employer fired her when she announced that she would embrace her gender identity at work.

The cases concerning gay rights are Bostock v. Clayton County, Ga., No. 17-1618, and Altitude Express Inc. v. Zarda, No. 17-1623.

The first case was filed by Gerald Bostock, a gay man who was fired from a government program that helped neglected and abused children in Clayton County, Ga., just south of Atlanta, after he joined a gay softball league.

Washington State Supreme CourtThe second was brought by a skydiving instructor, Donald Zarda, who also said he was fired because he was gay. His dismissal followed a complaint from a female customer who had expressed concerns about being strapped to Mr. Zarda during a tandem dive. Mr. Zarda, hoping to reassure the customer, told her that he was “100 percent gay.”

Mr. Zarda died in a 2014 skydiving accident, and his estate pursued his case.

Most federal appeals courts have interpreted Title VII to exclude sexual orientation discrimination. But two of them, in New York and Chicago, have ruled that discrimination against gay men and lesbians is a form of sex discrimination.

In 2018, a divided 13-judge panel of the United States Court of Appeals for the Second Circuit, in New York, allowed Mr. Zarda’s lawsuit to proceed. Writing for the majority, Chief Judge Robert A. Katzmann concluded that “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination.”

In dissent, Judge Gerard E. Lynch wrote that the words of Title VII did not support the majority’s interpretation.

“Speaking solely as a citizen,” he wrote, “I would be delighted to awake one morning and learn that Congress had just passed legislation adding sexual orientation to the list of grounds of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964. I am confident that one day — and I hope that day comes soon — I will have that pleasure.”

NYTimes.com, by Adam Liptak, June 15, 2020

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Which Box Do You Check? Some States Are Offering a Nonbinary Option

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As nonbinary teenagers push for driver’s licenses that reflect their identity, a fraught debate over the nature of gender has arrived in the nation’s statehouses.

Ever since El Martinez started asking to be called by the gender-neutral pronouns “they/them” in the ninth grade, they have fielded skepticism in a variety of forms and from a multitude of sources about what it means to identify as nonbinary.nonbinary

There are faculty advisers on El’s theater crew who balk at using “they” for one person; classmates at El’s public school on the outskirts of Boston who insist El can’t be “multiple people”; and commenters on El’s social media feeds who dismiss nonbinary gender identities like androgyne (a combination of masculine and feminine), agender (the absence of gender) and gender-fluid (moving between genders) as lacking a basis in biology.

Even for El’s supportive parents, conceiving of gender as a multidimensional sprawl has not been so easy to grasp. Nor has El’s suggestion that everyone state their pronouns gained much traction.

So last summer, when the Massachusetts State Legislature became one of the first in the nation to consider a bill to add an “X” option for nonbinary genders to the “M” and “F” on the state driver’s license, El, 17, was less surprised than some at the maneuver that effectively killed it.

Beyond the catchall “X,” Representative James J. Lyons Jr. (he/him), a Republican, had proposed that the bill should be amended to offer drivers 29 other gender options, including “pangender,” “two-spirit” and “genderqueer.” Rather than open the requisite debate on each term, leaders of the Democratic-controlled House shelved the measure.

“He articulated an anxiety that many people, even folks from the left, have: that there’s this slippery slope of identity, and ‘Where will it stop?’” said Ev Evnen (they/them), director of the Massachusetts Transgender Political Coalition, which is championing a new version of the bill.

As the first sizable group of Americans to openly identify as neither only male nor only female has emerged in recent years, their requests for recognition have been met with reservations that often cross partisan lines. For their part, some nonbinary people suggest that concerns about authenticity and grammar sidestep thornier questions about the culture’s longstanding limits on how gender is supposed to be felt and expressed.

“Nonbinary gender identity can be complicated,” said Mx. Evnen, 31, who uses a gender-neutral courtesy title. “It’s also threatening to an order a lot of people have learned how to navigate.”

And with bills to add a nonbinary marker to driver’s licenses moving through at least six legislatures this session, the expansive conception of gender that many teenagers can trace to middle-school lunch tables is being scrutinized on a new scale.

NYTimes.com, May 29, 2018 by Amy Harmon

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Same Sex Parents Still Face Legal Complications

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At gay pride marches around the country this month, there will be celebrations of marriage, a national right that, at just two years old, feels freshly exuberant to many lesbian, gay, bisexual and transgender Americans.

But while questions of marriage are largely settled, same sex parents still face a patchwork of laws around the country that define who is and who can be a parent. This introduces a rash of complications about where L.G.B.T.Q. couples may want to live and how they form their families, an array of uncertainties straight couples do not have to think about.

“There are very different laws from state to state in terms of how parents are protected, especially if they’re unmarried,” said Cathy Sakimura, deputy director and family law director at the National Center for Lesbian Rights. “You can be completely respected and protected as a family in one state and be a complete legal stranger to your children in another. To know that you could drive into another state and not be considered a parent anymore, that’s a pretty terrifying situation.”gay parents adoption

Adoption laws, for example, can be extremely contradictory. In some states, like Maryland and Massachusetts, adoption agencies are expressly prohibited from discriminating based on sexual orientation. At the same time, other states, like South Dakota, have laws that create religious exemptions for adoption providers, allowing agencies to refuse to place children in circumstances that violate the groups’ religious beliefs.

Alan Solano, a state senator in South Dakota, sponsored his state’s adoption legislation. He said he was concerned that if those groups were forced to let certain families adopt, they might get out of the adoption business entirely, shrinking the number of placement agencies in the state.

“I wanted to ensure that we have the greatest number of providers that are working on placing children,” Mr. Solano said. “I’m not coming out and saying that somebody in the L.G.B.T. community should not be eligible for getting a child placed with them. What I hope is that we have organizations out there that are ready and willing to assist them in doing these adoptions.”

But as a practical matter, lawyers who specialize in L.G.B.T.Q. family law say that in some areas, religiously affiliated adoption organizations are the only ones within a reasonable distance. Moreover, they say, such laws harm children who need homes by narrowing the pool of people who can adopt them, and they are discriminatory.

“There is a very serious hurt caused when you’re told, ‘No, we don’t serve your kind here,’ and I think that gets lost in the public discourse a lot,” said Susan Sommer, director of constitutional litigation for Lambda Legal. “There’s just this narrative that absolutely ignores, and almost dehumanizes, L.G.B.T. people. They’re missing from the equation here.”

There are a number of laws that can affect L.G.B.T.Q. families, from restrictions on surrogacy to custody, and the landscape is constantly shifting.

by Elizabeth A. Harris, New York Times – June 20, 2017

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