Majority of LGBT Americans Can Now Get an Accurate Birth Certificate Without Burdensome Requirements

Thanks to recent updates in Idaho and Florida, 51% of LGBT adults now live in states that issue new birth certificates without requiring sex reassignment surgery or a court order. Previously transgender people in these states had to provide proof of “sexual reassignment surgery,” while those living in Idaho could not get an updated birth certificate.  Now transgender people in Florida can provide a letter from a medical provider asserting they have undergone transition-related care to change their gender marker. In Idaho, transgender people must complete paperwork, and have it notarized—a simple and straightforward process.

The changes in these states are major milestones in the fight for equality for transgender and gender nonconforming people.

Official identity documents—such as drivers’ licenses, birth certificates, and passports—that do not match a transgender person’s gender identity greatly complicate that person’s life. According to the United States Transgender Survey, nearly one-third (32%) of respondents who have shown an ID with a name or gender that did not match their gender presentation were verbally harassed, denied benefits or service, asked to leave, or assaulted. A recent ad produced by MAP called “Movie Theater” depicts how transgender people can experience harassment, discrimination and denial of equal treatment in places of public accommodation. In it, a transgender man is the subject of harassment because his gender marker on his drivers’ license does not match his gender identity.

Thirty-one states either require proof of surgery, a court order, or have unclear policies regarding updating the gender markers on birth certificates. For some transgender people, requiring surgery is neither affordable nor desirable. And another three states do not allow for amending the gender marker on the birth certificate.

By eliminating this requirement for updating their birth certificates, these 16 states and the District of Columbia are making it easier for transgender people to go about their daily lives and to exist equally.

Read more about the updated requirements from Equality Florida: http://www.eqfl.org/transactionfl/birth-certificates and Lambda Legal: https://www.lambdalegal.org/blog/20180406_idaho-makes-history

Click here to visit MAP’s updated equality maps page to see where your state stands on identity document laws and policies, including requirements for updating gender markers: http://www.lgbtmap.org/equality-maps/identity_document_laws 

Fighting to Protect Kids in Care

Imagine an adoption agency keeping a child in a group home despite having a qualified and loving relative willing to adopt them simply because that relative is gay. Now imagine a counselor refusing to offer therapy to a transgender teen in care. Or a child welfare turning away a loving, qualified Jewish couple because they are Jewish?

Sound alarmist? It happened in South Carolina and the governor responded by protecting the agency.

Now imagine that these agencies are receiving taxpayer dollars while continuing to discriminate against children and families. Across the country, seven states have passed discriminatory and harmful laws that allow adoption and foster care agencies to make decisions for children in their care based on religious beliefs rather than on the best interests of the child. These laws create a license to discriminate and allow agencies to flatly refuse to consider well-qualified prospective families for child placement—and still receive government funding.

Three states passed these laws last year, and we’ve seen several states consider this type of legislation in 2018. These laws can hurt kids. Laws like these mean:

  • An agency could refuse to place a child with qualified parents in a loving, forever home, simply because those parents are gay or lesbian.
  • An agency could refuse to allow an orphaned child to be adopted by an extended family member like a gay uncle or a lesbian grandparent.
  • An agency could refuse to place LGBT youth with accepting parents, but could instead place them with parents who intend to force them into harmful conversion therapy.
  • An agency could decide to keep a child in a government group home rather than place them with a loving, qualified couple who don’t share the agency’s religious beliefs.

In September 2017, MAP authored a report Kids Pay the Price: How Religious Exemptions for Child Welfare Agencies Harm Children which found that there are nearly 428,000 children in foster care in the United States, over 111,000 of whom are awaiting adoption. Of those children, 53% had been waiting more than two years for a permanent home. Yet adoption discrimination laws protect workers and agencies who reject LGBT and other qualified parents simply because those parents fail to meet the religious criteria imposed by the agency, forcing children to pay the price of discrimination.

Earlier this month, an adoption discrimination bill in Georgia was stalled, however, adoption discrimination bills in Kansas and Oklahoma continue to advance, and we’re watching these closely.

MAP is working with advocates on the ground to defeat these bills with ads, strategic, research-based messaging guidance and in-depth policy resources. For more information about MAP’s work to protect children from these dangerous bills, visit www.lgbtmap.org/adoption

Child welfare agencies should put kids first, always. But these kinds of harmful laws give child services workers a license to discriminate and deny children the loving, forever homes they need.

NEW AD: 50 Years Later: Will We Go Back?

Fifty years ago, the U.S. Supreme Court issued one of its fastest rulings ever in a landmark case, Newman v. Piggie Park Enterprises. Piggie Park, a small barbeque chain which is still open today, wanted the right to refuse service to African American customers. The owner, a segregationist, claimed that the Civil Rights Act violated his religious freedom.

The Supreme Court delivered a resounding rebuke of the barbecue chain on March 18, 1968, definitively ruling that the restaurant could no longer discriminate.

Sound familiar? That’s because it is.

Now, fifty years later, in Masterpiece Cakeshop v. The Colorado Civil Rights Commission, a Colorado bakery that discriminated against a gay couple in violation of Colorado law is claiming it should be exempt from the state’s nondiscrimination law due to the religious beliefs of its owner.

To mark the fifty-year anniversary of the Piggie Park decision, the Open to All campaign, MAP, and the Leadership Conference on Civil and Human Rights released a new ad, “Will We Go Back?,” that looks at how a current case before the Supreme Court threatens this historic ruling. The ad was released as part of Open to All Week, March 12-18, commemorating the fiftieth anniversary of the landmark decision. Learn more about the Piggie Park case and how creating a constitutional license to discriminate in Masterpiece could undermine that historic ruling against discrimination.

Read the story in the Huffington Post “Supreme Court’s Cake Case Could Set America Back 50 Years, Activists Warn

A win for the bakery in Masterpiece threatens the historic legacy of the Piggie Park decision, and could take us back to a shameful era in our nation’s history, an era where businesses could claim a right to discriminate as they see fit—not just for LGBT people, but for people of color, minority faiths, people with disabilities, and women.

Businesses and their owners have a right to their religious beliefs—but that freedom shouldn’t give businesses a license to discriminate.

Take Action:

  • WATCH “Will We Go Back?” and share on social media. Visit www.opentoall.com/sharefor all the shareable Open to All resources.
  • READ about the parallels between the cases and why Masterpiece has the potential to alter our nation’s civil rights laws in “50 Years Ago vs. Today: Piggie Park & The High Stakes of the Masterpiece Cakeshop Case”
  • VOICE your support for Open to All Week over social media throughout the week with the hashtag #OpentoAllWeek. And follow Open to All on Twitter and Facebook for new content throughout the week.
  • SIGN UP for breaking news, ways to take action in the Masterpiece Cakeshop case, and to add your support for the Open to All Coalition.
  • SIGN the ACLU’s People’s Petition and tell the Supreme Court to reject discrimination.
  • DONATE and support more ads like “Will We Go Back?”

NEW AD: “Open to All”

March 12-18 is Open to All Week, which commemorates the 50th anniversary of the landmark decision in the case of Newman v. Piggie Park Enterprises. Piggie Park, a small barbeque chain which is still open today, wanted the right to refuse service to African American customers. The owner, a segregationist, claimed that the Civil Rights Act violated his religious freedom. The Supreme Court disagreed.

To help raise awareness of this important anniversary MAP and the Open to All Coalition launched Open to All Week, and released a new ad, “Open to All” featuring Christian small business owners—Howard and Pat—speaking about how nobody should be turned away from a business simply because of who they are.

Now the nation awaits a decision in Masterpiece Cakeshop v. The Colorado Civil Rights Commission, where the owner of a bakery is claiming that the state’s nondiscrimination law, which requires him to serve same-sex couples, unconstitutionally violates his religious beliefs.

A win for the bakery in Masterpiece threatens the historic legacy of the Piggie Park decision and could take us back to a shameful era in our nation’s history, an era where businesses could claim a right to discriminate as they see fit.

Piggie Park wasn’t just about barbeque. And Masterpiece isn’t just about cake.

The stakes of the Masterpiece case couldn’t be higher—not just for LGBT people, but for people of color, minority faiths, people with disabilities, and women. Because if a bakery can discriminate against same-sex couples, it won’t stop with bakeries, or with same-sex couples.

This ad was produced by MAP as part of the Open to All coalition, a nationwide public engagement campaign to build understanding and discussion about the importance of our nation’s nondiscrimination laws—and the bedrock principle that when businesses open their doors to the public, they should be Open to All.

To learn more about Open to All week and to view the ad, visit www.Opentoall.com/open-to-all-week

Devastating: New Ad Shows Grieving Widow Turned Away by Funeral Home Because She’s a Lesbian

A grieving widow has just lost her spouse. She, her parents, and her in-laws enter a funeral home to arrange burial services. But they are turned away when the staff realize that the woman and her late spouse are lesbians.This story, inspired by a real legal case, is the center of a new ad, “Funeral Home,” produced by MAP as part of the Open to All public education campaign. Open to All is a nationwide public engagement campaign to build understanding and discussion about the importance of our nation’s nondiscrimination laws—and the bedrock principle that when businesses open their doors to the public, they should be Open to All.

People think discrimination like this couldn’t happen, but it does and it did.

“Funeral Home” is the latest in a series of ads that illustrate how a loss in the Masterpiece Cakeshop case would open the door to wide-ranging forms of discrimination. Masterpiece Cakeshop v. The Colorado Civil Rights Commission involves a Colorado bakery that discriminated against, and refused to serve a gay couple in violation of Colorado’s nondiscrimination law. A decision is expected by June. A ruling for the bakery in this case could sanction and encourage this type of discrimination not just against LGBT people, but also interfaith couples, people of color, women, people with disabilities, and others.

The ad launch received considerable media attention, helping MAP reach a wider audience. Check out some of the top media hits:

Salon Exclusive: ‘Beyond wedding cakes to funerals: The high stakes of Masterpiece Cakeshop SCOTUS case’

Today, Salon published an in-depth exclusive examining the high stakes of the Masterpiece Cakeshop case currently before the U.S. Supreme Court. Masterpiece Cakeshop v. The Colorado Civil Rights Commission involves a Colorado bakery that discriminated against, and refused to serve a gay couple in violation of Colorado’s nondiscrimination law. A decision is expected by June.

The article begins with asking a tough question: Can a pivotal Supreme Court ruling lead to “heterosexuals only” signs in front of businesses?

The story was spurred by the release of a new, hard-hitting ad produced by MAP called Funeral Home, which depicts a grieving widow who has just lost her spouse. She, her parents, and her in-laws enter a funeral home to arrange burial services. But they are turned away when the staff realize that the woman and her late spouse are lesbians.

The ad was produced as part of the Open to All public education campaign. This story, inspired by a real legal case, demonstrates how a loss in Masterpiece would open the door to much wider ranging forms of discrimination—including what the grieving widow in the ad faced.

Read more about the new ad in the Salon exclusive ‘Beyond wedding cakes to funerals: The high stakes of Masterpiece Cakeshop SCOTUS case’.

NEW AD: “Movie Theater”

Today, MAP released a new ad “Movie Theater,” showing the all-too-common experience of transgender people around the country, who can face daily discrimination, harassment, and denial of equal treatment in public places.

This ad accompanies MAP’s latest report, LGBT Policy Spotlight: Public Accommodations Nondiscrimination Laws, which provides a comprehensive overview of the gaps in nondiscrimination laws for LGBT people in public spaces—and the devastating impact of the lack of protections.

The report highlights that discrimination is pervasive. In fact, the 2015 U.S. Transgender Survey found that 31% of transgender respondents reported experiencing discrimination in places of public accommodations in the past year alone when staff knew or thought they were transgender.

As the Supreme Court prepares to issue a ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission, public places have become the next battleground in the fight for full equality for LGBT people. The core issue is whether public accommodations—places of business, public transit, hotels, restaurants, taxi cabs and more—can refuse service to people just because of who they are or whom they love.

As a nation, we decided a long time ago that businesses and services that are open to the public should be open to all. Nobody should be turned away simply because of who they are.