On September 26, 2016, the mother of a transgender teenaged boy who was admitted into Rady Children’s Hospital-San Diego (RCHSD) for inpatient care filed a lawsuit against the hospital for discrimination against her son, Kyler. One day into his 72-hour stay, and after several failed attempts by his mother to correct the discrimination by the hospital, the hospital’s psychiatrist determined that despite his serious mental health issues, Kyler should be discharged early. About five weeks later, Kyler died by suicide.

A federal lawsuit that led to the repeal of Arizona’s anti-LGBTQ curriculum law, which barred public school students from receiving medically accurate, age-appropriate information about non-heterosexual people in their health education classes.

NCLR, along with other national LGBTQ organizations, is part of a State Policy Working Group that addresses proposed state legislation affecting LGBTQ people across the country. The group works to support local advocates in advancing bills to protect LGBTQ people from discrimination in employment, housing, public accommodations, healthcare, and other areas, and to allow transgender and nonbinary people to obtain gender marker changes on identity documents.

The group also works to stop the dozens of hostile anti-LGBTQ bills introduced in state legislatures every year. Among the proposed laws that have been successfully defeated are bills that would permit discrimination against same-sex couples who marry, create broad religious exemptions to existing civil rights protections, allow religiously-affiliated child welfare agencies to refuse to place children with same-sex couples, prohibit transgender people from using restrooms and other facilities based on their gender identity, and deprive transgender youth of access to gender-affirming medical care and participation in school sports based on their gender identity.

NCLR is a member of the National LGBTQ/HIV Criminal Justice Working Group, which is a network of nearly 50 organizations and individual stakeholders working to reduce the unique harms of the U.S. criminal legal system experienced by LGBTQ+ people, people living with HIV, or those at risk of acquiring HIV, through research, education, and policy advocacy.

URGENT ACTION: Tell Your Senators to Vote for the Equality Act!

The Equality Act (H.R. 5) would prohibit discrimination based on an individual’s sexual orientation or gender identity in employment, housing, credit, education, public accommodations (things like restaurants, hotels, and theaters), and jury service. It would also prohibit discrimination based on sex, sexual orientation, and gender identity in programs receiving federal funding. The bill was passed by the House of Representatives in the last Congress in May 2019 with a bipartisan vote of 236 to 173 but was blocked from consideration in the Senate by then-Majority Leader Mitch McConnell. The bill was reintroduced by Rep. David Cicilline (RI-1) and Sen. Jeff Merkley (OR) in the 117th Session of the United States Congress on February 18, 2021. A vote is expected in the House shortly, with action following soon after in the Senate.

NCLR has played a leading role in drafting the Equality Act and working for its eventual passage. We have partnered with Black and Pink and others to educate Congress and the public on the Act’s potential to reform the U.S. criminal legal system for LGBTQ people and people of color.

Currently, only 22 states have non-discrimination protections that fully protect LGBTQ individuals. According to the Center for American Progress, more than 1 in 3 LGBTQ Americans have reported facing some form of discrimination within the past year, with the number increasing to 3 in 5 for transgender individuals. This discrimination often causes substantial harm to the psychological and economic wellbeing of the LGBTQ community and creates undue difficulties for many LGBTQ people in accessing medically necessary healthcare – most dramatically for the transgender population and people of color.

The most recent polling from the nonpartisan Public Religion Research Institute (PRRI) shows that more than 80 percent of all Americans (including a majority of Democrats, Independents, and Republicans) support comprehensive nondiscrimination protections that include LGBTQ individuals. FiveThirtyEight has also similarly found that President Biden’s executive order mandating that federal agencies implement the Supreme Court’s ruling in Bostock v. Clayton County in nondiscrimination policies was the most popular of his early executive actions, with the support of an overwhelming 83% of Americans.

More than 600 national, state, and local organizations have signed on to urge the swift passage of the Equality Act, in addition to a broad coalition of faith-based groups and 335 major corporations, showing the breadth of support the legislation has maintained since its passage in the House in 2019. NCLR is a member of the Freedom and Opportunity for All coalition (along with 16 other partner organizations) advocating for the urgent passage of the Equality Act.

NCLR partners with Ceres Policy Research on the “Whole Youth Model,” an approach to serving youth in the justice system that prioritizes health and well-being over punishment and surveillance. Project staff provide training and technical assistance to participating jurisdictions, emphasizing the importance of collecting and analyzing data on the sexual orientation, gender identity, gender expression and race/ethnicity of each youth, among other aspects of their identity. The model is based on the premise that public safety is furthered by authentic conversations with young people and individualized responses tailored to their unique strengths and needs.

NCLR and Ceres Policy Research partner with the Center for Juvenile Justice Reform at Georgetown University to present an annual certificate program, “Supporting the Well-Being of Systems Involved LGBTQ Youth.” Multidisciplinary teams from jurisdictions across the country participate in a week-long intensive program designed to provide participants with the knowledge and skills to implement a Capstone Project in their communities to improve outcomes for LGBTQ youth.

NCLR and the National Juvenile Defender Center (NJDC) are founding members of the Equity Project, a national initiative to ensure the fair and equitable treatment of LGBTQ youth in the justice system. In 2009, the project published its seminal report entitled “Hidden Injustice,” documenting widespread discrimination against LGBTQ youth by law enforcement, probation, courts and institutional staff. Through training, technical assistance and development of agency policies and professional standards, the Equity Project has increased professional awareness and competence and improved the outcomes of countless LGBTQ youth involved in the justice system.