LGBTQ+ people should be able to live their lives without fear of discrimination
[New York, N.Y.] — Today, the Supreme Court will consider whether lesbian, gay, bisexual and transgender (LGBTQ+) people will have the freedom to work and earn a living without fear of discrimination based on their sexual orientation and gender identity. For LGBTQ+ elders, the outcome of the cases is critical. Without workplace protections, LGBTQ+ people are subjected to discrimination that accumulates throughout their lifetimes, often leading to poverty and other challenges in later years. A ruling by the Supreme Court against workplace protections for LGBTQ+ people could have far-reaching and damaging implications since the Court’s rationale eventually could cascade to eviscerate federal protections in housing and other key aspects of life.
Nearly two-thirds of LGBTQ+ people report having experienced discrimination in their everyday lives. LGBTQ+ people of color and transgender people face even higher rates of discrimination. Transgender people, in particular, face pronounced rates of under-employment and unemployment because of discrimination on the basis of gender identity, a phenomenon so prevalent that studies show transgender older people believe it is a “normal” part of their lives.
The Trump administration’s posture of opposing anti-discrimination protections in these cases is part of a broader strategy to banish transgender people from public life and dramatically curtail legal rights for members of the LGBTQ+ community. For LGBTQ+ older people, discrimination is a key concern not only in employment but also in housing and elder care. For example, a recent study found that 48% of same-sex couples are subjected to discrimination when applying for senior rental housing. This discrimination is more than a statistic – it can devastate the later years of real people. Recently, Mary Walsh and Bev Nance, who have been together for forty years and married for 10, were denied entry into Friendship Village, a highly desirable senior living community in St. Louis, Missouri, because the facility refused to recognize their relationship on religious grounds. Mary and Bev filed a federal lawsuit to challenge their discriminatory treatment; their suit has been stayed by the court pending the outcome of the employment cases currently before the Supreme Court.
“The administration’s unrelenting assaults on the rights of LGBTQ+ people, coupled with the effort to roll back their rights at the Supreme Court, demonstrate why it is essential that the Equality Act be enacted and comprehensive federal anti-discrimination protections become the law of the land once and for all,” said SAGE CEO Michael Adams. “It is appalling that in 2019, the 50th anniversary of the Stonewall uprising, our community is still forced to fight for these most fundamental of rights. The brave people who stood up at Stonewall and in the years since then are now our elders. They can’t afford to wait any longer for the federal government and Supreme Court to step up to the plate and put an end to discrimination against LGBTQ+ people once and for all.”
In July of 2019, SAGE was one of 19 legal and advocacy organizations that signed onto an amicus brief to the Supreme Court advocating for clear workplace protections in advance of the hearings. The brief was filed by the Impact Fund, the National Employment Lawyers Association (NELA), and the Employee Rights Advocacy Institute for Law & Policy (the NELA Institute).
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SAGE is the country’s largest and oldest organization dedicated to improving the lives of lesbian, gay, bisexual, and transgender (LGBTQ+) older people. Founded in 1978 and headquartered in New York City, SAGE is a national organization that offers supportive services and consumer resources to LGBTQ+ older people and their caregivers. SAGE also advocates for public policy changes that address the needs of LGBTQ+ elders, provides education and technical assistance for aging providers and LGBTQ+ community organizations through its National Resource Center on LGBTQ+ Aging, and cultural competency training through SAGECare. With staff located across the country, SAGE also coordinates SAGENet, a growing network of affiliates in the United States. Learn more at sageusa.org.
