LGBTQI Opportunities at Commerce and Raimondo’s record
Note: This post has been slightly edited.
With the announcement that Rhode Island Governor Gina Raimondo will be nominated for Secretary of Commerce, I wanted to share a few thoughts about what this sometimes overlooked agency could do to advance LGBTQI equity and justice. I also wanted to offer a bit of background on what Governor Raimondo's administration in Rhode Island has done, especially on trans justice. I am focusing on Raimondo and Commerce here mainly because this department tends to get less attention than DOJ, ED, HHS, or even HUD or Labor in terms of gender and LGBTQI equity - and also because as a governor Raimondo has a more extensive public record on these issues than most of the cabinet nominees.
Note here I’m just summarizing and not offering here a thumbs up or down on this nomination. Raimondo has backed a lot of pro-LGBTQ policies as Rhode Island governor, which is my focus here — but her consideration, first for HHS and for Commerce, has been sharply criticized by progressives on a range of issues that should be of concern to LGBTQI and feminist advocates.
Key Department of Commerce policy opportunities for LGBTQI equity
The following are some ideas for what the Commerce Department could do to address the serious economic and other disparities facing LGBTQI and especially trans communities. Note that some of these programs or issues cross departments and either require or would greatly benefit from interagency coordination.
Department-wide:
Adopting explicitly LGBTQ+ inclusive nondiscrimination rules and/or guidance (including working with other agencies to update the Title IX Common Rule).
Minority Business Development Agency
Working with Congress to restore and expand funding for MBDA, which has been chronically underfunded in recent years.
Creating an interagency LGBTQI equity task force with SBA and Department of Labor- including cross-training and equity audits for workforce and small business programs.
Making a determination that trans/LGBTQI individuals are a socially and economically disadvantaged group eligible for MBDA assistance (per 15 CFR Part 1400; may require an organization to request determinations).
Creating grant incentives for Minority Business Centers for trans/LGBTQI inclusion efforts, with emphasis on trans/LGBTQI people of color.
Under Secretary of Economic Affairs & Bureau of Economic Analysis:
Develop focused research and reports onon economic well-being of trans/LGBTQI people, including trans/LGBTQI people in STEM and trans/LGBTQI business owners.
Incorporate research and analysis onLGBTQI populations in broader economic analysis efforts, including efforts on community resilience and re-entry.
Census Bureau:
Work with Congress to increase funding for the Census Bureau, including for testing and refining new measures.
Test and implement SOGI and intersex status data collection in key surveys (based on recommendations from the National Academies of Science) especially:
COVID-19 Household Pulse Survey
American Community Survey
Current Population Survey
American Housing Survey
International Trade Administration:
Include discussion of needs and opportunities for trans/LGBTQI entrepreneurs within ITA's Women's Women's Global Trade Empowerment Forum and related efforts.
Rhode Island state agency policies on trans equality during Gov. Raimondo's tenure
As noted above, she has drawn progressive opposition on fronts such as her pro-business stance and more conservative health care policies as RI governor. Yet regarding LGBTQI-specific policies, she has a pretty good record. The following are policies adopted by Rhode Island state agencies during Governor Raimondo's tenure (since 2015). I do not comment here on how strong or comprehensive (or not) they may be in substance, but generally several of them are quite good, while some (in particular the DOC and juvenile detention policies) leave a lot to be desired in terms of specifics.
How much any state agency policy reflects on the policy views or leadership approach of the governor can be hard to say (some important policies may be adopted without any review by the governor's office), but one can say that Rhode Island has had a pretty strong progressive record on trans issues on most of these issues during Raimondo's tenure. And she has spoken out explicitly on some moves, such as adding an X gender option on state IDs, The Movement Advancement Project gives Rhode Island a score of 17/20 on trans inclusive policies, and 32.75/39.5 on the LGBTQ-related policies they track overall.
In terms of legislation, Gov. Raimondo has signed some LGBTQI inclusive legislation, such as bills to ban minor conversion therapy ban, equalize the state's parentage laws, ensure equal benefits for veterans discharged for being LGBTQ, ban anti-LGBTQ "panic defenses" in criminal cases, ensure respect for trans people on their death certificates, and ensure youth in state custody of receive basic notice of their nondiscrimination rights.
Workforce development
RI Workforce Innovation and Opportunity Act (WIOA) 2020-24 State Plan: committing (though without specifics) to "exploration of transgender issues" in vocational rehabilitation, based on needs assessment)
Gender markers
RI DMV gender designation form (2020) [self designation and X marker]: http://www.dmv.ri.gov/documents/forms/license/gender_designation.pdf
RI birth certificate gender change policy (2019) [MD/NP/PA letter re: clinical treatment, X marker]: https://health.ri.gov/records/about/changes/sex/
Students' rights
RI transgender students guidance (2016): http://www.thriveri.org/documents/Guidance.for.RhodeIsland.Schools.on.Transgender.and.Gender.Nonconforming.Students-2016.pdf
RI education regulations (requiring districts to adopt policies) (2018): https://www.ride.ri.gov/Portals/0/Uploads/Documents/Board-of-Education/Regulations/200-RICR-30-10-1_(Transgender_Regulations).pdf?ver=2018-12-19-141720-427
Child welfare/juvenile justice
RI Department of Children, Youth, and Families juvenile detention placement policy (2019) [actually pretty vague and not great]: http://www.dcyf.ri.gov/policyregs/classification_and_ensuring_safety_in_housing_residents_at_the_rits_print.htm
RI Department of Children, Youth, and Families nondiscrimination/inclusion policy (2016): http://www.dcyf.ri.gov/policyregs/sexual_orientation__gender_identity_and_expression.htm
Health care
RI health insurance bulletin (2015): http://www.ohic.ri.gov/documents/Bulletin-2015-3-Guidance-Regarding-Prohibited-Discrimination.pdf
RI announcement re: state employee plan covering gender affirming care (2016): https://www.ri.gov/press/view/27900
RI Medicaid coverage guidelines (2015) [good though not perfect]: http://www.eohhs.ri.gov/Portals/0/Uploads/Documents/MA%20Providers/MA%20Reference%20Guides/Physician/gender_dysphoria.pdf
Prisoner rights
RI DOC transgender prisoner policies (2017) [not publicly available, but this PREA audit describes the policy in some detail - it appears to be better than most states but that is a very low bar (as most states simply copy-and-paste the very general provisions in federal PREA rules) and it is very far from ideal]: http://www.doc.ri.gov/documents/PREA/RIDOC%20Womens%20Facility%20-%202017%20PREA%20Audit%20-%20Final.pdf]
Anything missing? Let me know.