The US population is rapidly aging, at the same time as more people understand themselves to be transgender or non-binary (TNB). Are our legal systems, housing supports, and long-term care system prepared to provide person-centered care to TNB people as we age? We will ground our discussion with an attorney elder in the movement for transgender justice. The panel will present efforts to reduce the scope of state religious exemption laws and to strengthen state/local anti-discrimination protections for TNB elders in elder-specific medical and housing settings. We will discuss new state/local policies that recognize X gender markers on death certificates. A trusts and estates attorney will share her legal approach to counseling TNB people, and we will offer specific durable healthcare power of attorney provisions to protect TNB people's access to hormones and use of affirmed name, gender, and pronouns, after cognitive decline. Workshop participants will have a deeper understanding of how traditional aging supports, including the law, may be problematized for people of TNB experience.

This interactive and highly engaging panel will focus on the ever-shifting (and often groundbreaking) legal landscape regarding recent and future state-level requirements for the inclusion of LGBT-specific curriculum in 5-12 grade classes. Based in part on recent legislative wins in Colorado, Oregon, Illinois, New Jersey, this new fight for inclusion is experiencing a groundswell of support but is also facing historic opposition not seen since marriage equality debates raged through the country which often divided families, communities, and social institutions alike. With laws like "No Promo Homo‚" regulations (laws expressly forbidding teachers to discuss LGBT issues in classrooms) still enshrined into state constitutions across the country, efforts to teach students about the LGBT community's contributions to historical, economic, and social developments throughout time have been consistently stymied. This 'best in class' panel will educate attendees about the intricacies and nuances of proposed future legislation while also examining the impact of current laws on students, educators, and the communities in which they exist. This panel will also explore implementation issues, including state mandates with local school board and district enactment, social issues (similar to marriage equality debates) impacted by homophobia and the false dichotomy of morality versus equality.

This is a time of tremendous risk and opportunity for LGBTQ people and the health care system. 'Medicare for All' and 'Medicare for All Who Want It' proposals are taking center stage as we head into the 2020 Presidential elections. There is growing awareness among academics, health professional associations and policymakers, of health disparities affecting LGBTQ people and the need for more emphasis on cultural competence in health professional schools and continuing education programs. At the same time, the Trump Administration and many State legislatures are continuing to attack Medicaid and the healthcare rights of LGBTQ people, particularly transgender and nonbinary people. Moreover, after surviving multiple attempts to invalidate the law in Congress and through the courts, the ACA is facing a new challenge in a more conservative Supreme Court. This workshop will examine the Presidential candidates’ proposals for healthcare reform – and opportunities for progress, or more setbacks, on the Hill and in the White House in 2021 and beyond. The panelists will review how LGBTQ people have actually fared under Medicare and Medicaid as they currently exist and what changes would be needed to achieve equal healthcare for all. The workshop will also consider how cost containment issues are essential to the goal of equal access to healthcare.  The panelists will also examine the gains for LGBTQ people that have been accomplished through the ACA, and how those might be affected by the pending litigation that seeks to invalidate the entire statute.

The presenters will focus on practical guidance for employment lawyers on LGBTQ workplace issues, including discussion on the practical impact of the anticipated US Supreme Court decision in Bostock v. Clayton County which will interpret Title VII to either include or exclude LGBTQ individuals from Title VII's protections.

In November 2019, the U.S. Department of Health & Human Services proposed a rule amendment that weakens protections afforded by the Obama Administration to LGBTQ individuals seeking to foster or adopt children, as well as the children themselves.  Similar efforts are underway at the state and local level, including through litigation, such as Fulton v. City of Philadelphia, No. 18-2574, which is scheduled to be argued in the U.S. Supreme Court in the upcoming term.  If successful, these efforts would significantly impede the placement and permanency of thousands of children in the homes of loving families.  As of 2018, there were 437,283 children in foster care, of which 125,422 children were waiting to be adopted.  A significant number of these children were fostered and/or ultimately adopted by LGBTQ individuals.  Indeed, recent statistics show that over 138,000 same-sex couples are raising adopted children, and over 18,500 same-sex couples serve as foster care parents.  Statistics also show that between 2 million and 3.7 million children under age 18 have an LGBTQ parent, of which approximately 200,000 are being raised by same-sex couples.  In addition to adversely impacting the placement of children, these efforts pose significant and long-term risks for children.  By reducing the pool of qualified parents, children in foster care are more likely to age-out of the system; and upon doing so, face a significantly higher incidence of homelessness, chronic unemployment, and incarceration. This workshop will explore the vital roles that LGBTQ individuals play in our foster care system and adoption community and will address the deleterious impact that recent legal efforts may have on pathways to permanency for our youth, particularly our LGBTQ youth.  Another workshop will delve into the related legal issues.