It is incredibly fortuitous that I am able to share some thoughts in honor of LGBTQ Pride Month so soon after the U.S. Supreme Court, in an historic 6-3 decision, definitively ruled in the Bostock v. Clayton County, Georgia case that employment discrimination toward LGBTQ individuals violates Title VII of the Civil Rights Act of 1964 (“Title VII”). In Bostock, the Court considered the definition of sex under the Title VII law against employment discrimination. The Court found that even if Congress had chosen not to apply this law to LGBTQ individuals, the “necessary consequence” of the term sex and how is has been construed over decades of jurisprudence means that “an employer who fires an individual merely for being gay or transgender defies the law.” This is a major pronouncement ensuring the most basic and critical of equal employment rights, and I am excited and delighted to share in this moment with our LGBTQ CPCS colleagues as we celebrate Pride Month.
Due to the pandemic, June 2020 will be the first time that Pride Month across the United States will not be celebrated in the open, loving and vibrant way lesbian, gay, bisexual, transgender and queer people have known for 50 years. Pride month is seen by most for celebrating being able to be out and open as LGBTQ people, but this month also serves to support people who cannot safely or comfortably come out in all or part of their lives, and those who are questioning their sexual orientation or gender identity.
As we celebrate Pride month, I ask that everyone think about how we can support our LGBTQ colleagues, clients and community, whether they are out to us or not. Tragically, this time is roiled by the racially motivated murders of George Floyd in Minnesota and Ahmaud Arbury in Georgia and Breonna Taylor in Kentucky, along with countless prior killings and daily acts of bias and hate rained upon Black people across the United States. Even as we embrace the history leading to increased rights within the LGBTQ community, we cannot ignore the connection of race-based hatred, violence and killings to this movement, or to the onslaught of outrage, pain and injustice Black and Brown people continue to experience every day.
The first Pride event celebrated a clarion demand for equal rights and freedom that exploded from the 1969 Stonewall Riots in New York City. Stonewall was a frustrated, angry and determined community response to brutal police and political reproaches toward people seeking only the free expression of their humanity and sexuality. The Stonewall activists were led by many would-be CPCS clients – poor, homeless, young, Black and Brown people, as well as others across the LGBTQ community.
The history and key players around the Stonewall riots provide an instructive moment on injustice, responsive advocacy and cross-cultural challenge. Members of the LGBTQ community could dance and engage at the Stonewall Inn, a Mob run bar near NYU and local parks where community members hung out, slept and shared company. Stonewall was rundown and subject to recurring, orchestrated police raids where payoffs gained advance warnings, even as the Mob blackmailed more affluent patrons on threat of exposing their sexuality. Transgender individuals and others openly reflecting their pride were subject to arrest and abuse, in some instances, for not wearing three pieces of “gender appropriate” clothing consistent with birth gender.
On June 28, 1969, yet another early morning raid, without warning because the police went unpaid, triggered the Stonewall Riots. This time, customers and local neighbors rebelled against the unjust harassment, beatings and arrests. Demonstrators chanted, overturned cars and set them on fire, threw items at the police, and set the Stonewall Inn on fire, after the cops retreated into the building. Two transgender women of color, Marsha P. Johnson and Sylvia Rivera, were advocates for homeless gay, lesbian and transgender people of color, and helped inspire and leverage the outrage that became six nights of street protest. This incident turned the tide on LGBTQ oppression in the United States and around the world. Sadly, however, many in the white, middle-class LGBTQ liberation movement that benefitted from Stonewall showed Johnson and Rivera scorn, because of an unwillingness to accept transgender people as part of the movement. Their advocacy and organizing for homeless transgender youth of color and broader leadership are now recognized across the LGBTQ community, though neither woman survived to fully relish this embrace – Marsha P. Johnson died in a reported 1992 suicide suspected to have been murder, and Sylvia Rivera died of liver cancer in 2002.
Today, the seeds planted by the Stonewall Riots of 1969 have blossomed into rights that prior generations could only dream of, including marriage equality, state and local LGBTQ rights legislation, LGBTQ leadership in government and federal hate crimes laws. Nonetheless, unequal treatment persists, including the lack of broader federal legal protection, repressive state and local law and policy and unrelenting hate crimes.
We celebrate the fight Marsha P. Johnson and Sylvia Rivera waged to gain rights denied for so long, and the achievement of equality that has made a difference for many, but fails to reach our clients. This recognition must be in the face of the ignorance and hatred that still impact LGBTQ people, and that has been thrust into our awareness as Black people are killed, in the case of Breonna Taylor in Louisville, as she slept in her bed. Our advocacy mission challenges each of us to understand and leverage the complex mix and meaning between and among poverty, race, sexual preference, gender identity, age and disability, along with the goals and wishes of our clients, to embrace their humanity on behalf of justice rightfully deserved. Later this month, we will share information and data on the work of CPCS on behalf of LGBTQ individuals across our divisions, as well as the challenges we face in our advocacy on behalf of these clients.
As we praise the leaders of the LGBTQ community and celebrate great achievement, including our LGBTQ coworkers, family and friends, we must dedicate unwavering support, advocacy and achievement behalf of the struggles that continue in this community. Sylvia, Marsha and their children would expect nothing less of us. Happy Pride Month!
Anthony J. Benedetti,
Chief Counsel
