The Supreme Court LGBTQ+ Ruling Is Just the Beginning
I awoke on my birthday, June 15, to positive news for the first time in months. The U.S. Supreme Court had ruled that I shouldn鈥檛 be fired because I鈥檓 queer, pansexual, and nonbinary. In a plot twist, the conservative-leaning court decided that the Civil Rights Act of 1964 protects Americans from being terminated at work because of their sexual orientation and/or gender.
The groundbreaking decision, in , came amid Black Lives Matter uprisings in all 50 states and around the globe, as well as the cancellation of most Pride events because of the COVID-19 pandemic. I鈥檒l concede that it鈥檚 a win, which we desperately need right now. Still, I鈥檓 not celebrating quite yet. Myriad other things need to change before LGBTQ+ people can thrive in our workplaces, especially those of us who are Black.
Black LGBTQ+ workers are being disproportionately affected by the pandemic and, even before it began, had limited job opportunities. Some 26% of Black transgender people are unemployed, four times the rate of the general population, according to the . found that 38% of LGBTQ+ people of color have had their work hours reduced because of the pandemic, compared to 24% of the general population.
If Black LGBTQ+ people are to achieve economic liberation, we鈥檒l need to accept that capitalism just isn鈥檛 the best fit.
If you need a face to pair with these stats, look no further than mine. Not only do I live at the intersection of multiple marginalized identities, but I鈥檓 also a casualty of the Great Recession: an ill-fated millennial. The recession never ended for me. I鈥檝e spent my entire adult life either unemployed or working underpaid, nonprofit jobs.
Now, our economy is plunging to Great Depression depths, and there鈥檚 no social safety net for people like me and , either. This Supreme Court victory feels hollow when you consider that most Black LGBTQ+ people are more worried about getting hired in the first place than getting fired. Similar to the same-sex marriage decision of 2015, it won鈥檛 necessarily yield material improvements in the lives of Black LGBTQ+ people.
This decision doesn鈥檛 reckon with those of us who are deemed 鈥渆ssential workers,鈥 yet earn only the minimum wage. Or that few jobs left might be left post-pandemic, especially for historically oppressed groups. It doesn鈥檛 relieve the plight of undocumented Black LGBTQ+ workers or those involved in the underground economy (i.e., sex workers).
Creating an equitable landscape for Black LGBTQ+ workers should matter to everyone.
Furthermore, laws are broken all the time. If an employer illegally fires me, how do I assert my rights? The Equal Employment Opportunity Commission might take on my case, but there鈥檚 no guarantee it will even take your case in the first place. Some cities have offices where you can against your employer, but in Atlanta, where I live, and in many other cities, , with a growing number of LGBTQ+ people, no such office exists. Ultimately, I may have to hire a private attorney to get my job back鈥攁n expensive, lengthy process.
Another reason for my lack of enthusiasm is that on the same day as the LGBTQ+ ruling, the Supreme Court decided it would not hear cases on, which protects government officials from being sued for violating constitutional rights. Qualified immunity denies deserved compensation to those like the families of countless Black individuals who’ve been killed by the police.
None of this is to suggest that I鈥檓 not grateful for the courage of the plaintiffs and the work of their lawyers in this historic case. It鈥檚 especially meaningful coming during the administration of Donald Trump, who has been tireless in repealing the meager advances our community gained under the Obama administration and in stacking the courts with justices who would rule against our interest.
However, if Black LGBTQ+ people are to achieve economic liberation, we鈥檒l need to accept that capitalism just isn鈥檛 the best fit for communities whose labor has been historically exploited. We鈥檒l need to commit to an alternative economic model that puts people over profits, such as paying formal reparations to African American and Indigenous peoples.
Until then, here are a few ways that individuals and communities can take action to improve economic prospects for Black LGBTQ+ people:
鈥 Support Black trans futures. Too many of us are looking for work, are underpaid, or unable to work. When Black trans people don鈥檛 have money to live, we鈥檙e more likely to lack safe, stable housing and engage in risky behaviors. Giving to addresses homelessness; provides access to healthy meals and safe transportation; helps pay rent, bail, and medical expenses; and manifests in longer, healthier lives for us.
鈥 Support Black and LGBTQ+ worker centers. Most Black LGBTQ+ workers don鈥檛 have a voice in our workplace, no union representation and no decision-making power鈥攚hich makes it difficult to exercise our workers鈥 rights. Worker centers are poised to fill this gap with their mission of empowering workers on the margins. As defined by labor studies scholar, Dr. Janice Fine, are 鈥済ateway organizations that provide information and training in workers鈥 rights, employment, labor and immigration law, legal services, the English language, and many other programs.鈥 Black and LGBTQ+ worker centers that could use your support include the and affiliates of the , which are spread across the country.
鈥 Advocate for the Green New Deal. The New Deal programs of the 1930s put the masses back to work after the Great Depression, including . Our present tattered economy needs a similar boost, such as U.S. Rep. Alexandria Ocasio-Cortez of New York and U.S. Sen. Ed Markey of Massachusetts鈥 , calling for the funding of millions of living-wage jobs geared towards halting climate change. Black LGBTQ+ people live in neighborhoods disproportionately affected by environmental problems. We鈥檙e experts at what our communities require to be healthier and safer, and thus, 鈥済reen jobs鈥 are right up our alley. The Green New Deal isn鈥檛 perfect, but it鈥檚 better than having no public jobs program, which is our current reality. The youth-led organization, Sunrise Movement, is now one of the loudest champions for the Green New Deal. to see whether your elected officials support the Green New Deal and what you can do to help get the resolutions passed.
Creating an equitable landscape for Black LGBTQ+ workers should matter to everyone, especially because we鈥檝e always fought for and alongside everyone else. We owe a debt to organizers such as , the late unsung Black gay architect of the 1963 March on Washington for Jobs and Freedom.
Reflecting on Bostock v. Clayton County, I can鈥檛 help but wonder, 鈥淲hat would Bayard think? Would he be celebrating this?鈥 We still don鈥檛 have the jobs and freedom he sacrificed for, so, in his honor, we should keep pushing and demanding more for Black LGBTQ+ workers in this country.
Neesha Powell-Twagirumukiza
is a Georgia-born and raised movement journalist, creative nonfiction student, cat parent, spouse, and auntie living in Atlanta (occupied Cherokee & Creek territories) who conspires in the name of liberated Black futures, queer and transgender Black/Indigenous/people of color power, solidarity economics, and transformative justice & community accountability.聽
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