Like pretty much everything in 2020, Trans Day of Remembrance is going to be different this year. It’s going virtual. But one thing that hasn’t changed is that transgender people are still being murdered for who we are. The list of names keeps growing. This year is the deadliest ever, and it isn’t even over yet. 

Thirty-seven trans people have been killed since January. The real number is probably even higher. Trans people are often misgendered by law enforcement or don’t report attacks, so we don’t even know about most of the violence that happens to our sisters. Most of the deaths this year were of Black trans women. Many were sex workers. I am not surprised. As a trans woman of color and a former sex worker myself, I know what it’s like to be targeted for who you are, and to not have anyone to call for help because your job is illegal.

I’m lucky that I was never assaulted in my 12 years of doing sex work. I’m in the minority. But I have been robbed while working. My experience showed me the difficult situation that sex workers face when it comes to reporting: I wanted to seek justice, but I was too afraid of being arrested to go to the police station. 

Laws that criminalize sex work push the industry underground, which makes it more dangerous. Sex workers face high rates of violence because clients assume they can assault or rob sex workers and get away with it. They take advantage of the fact that  so many of us are afraid of reporting for fear of what will happen to us. If we call the police, we could be arrested for selling sex. We could also be abused by law enforcement. Being a sex worker is dangerous whether you’re trans, cis, LGBTQ, or straight. But it’s especially dangerous if you are a trans woman of color. 

Black trans woman wearing a leather jacket standing in a garden with flowers
Kaniya Walker
Credit: Wilfredo Martinez

Both police and civilians profile trans women of color as sex workers even when we are not engaging in sex work. We’re seen as easy targets, especially if we are from a low-income community. In Washington, D.C., where I live, 4 out of every 5 trans women report being verbally, physically, or sexually assaulted. This violence exists across the country. Nine in 10 trans sex workers or those suspected of being a sex worker reported being harassed, attacked, or assaulted by the police. Trans women who are not sex workers also face violence. I remember a case in New Orleans when a man drove around shooting trans women on the street. They were simply walking — existing — while trans. 

Anti-sex work laws like SESTA/FOSTA make sex workers, especially trans women of color, even more vulnerable to violence. The law banned online platforms and screening tools that sex workers use to screen clients and share information to stay safe, making it harder for sex workers to protect themselves.

Banning online sex work platforms pushes sex workers out onto the street, which is more dangerous. Client interactions are quick because we don’t want to be caught. I know some girls who feel the need to get a gun license to protect themselves. Others will carry knives or mace. You never know when you will need it. It’s two strangers meeting each other — there’s always a chance that something bad might happen. 

You might be wondering why anybody would want to be a sex worker. A lot of us choose to get into sex work because the money is good and it is an environment where we can surround ourselves with other trans people. But some of us just don’t have any other options because of discrimination in the legal job market. Trans people are more likely to be unemployed compared to cisgender people. Thirty-four percent of Black trans people live in poverty. Trans people without a college degree and trans people who have experienced homelessness are even more likely to engage in sex work. These are some of the reasons why sex workers are disproportionately Black or Latinx trans women. It’s what we call survival sex. 

Because trans women are more likely to engage in sex work, we’re also more likely to be incarcerated than the general population. I’ve been to jail because I was arrested for being a sex worker. I know it’s not something I or any other sex worker should have to experience, especially if they are trans. Jails and prisons often misgender us and put us in men’s facilities, where we are at higher risk of being assaulted. I’ve heard of trans women being taunted by staff and cellmates, such as asking whether their hair is detachable and making them take it off just to embarrass them. The punishment doesn’t end there. Once you get out of jail or prison, a past conviction can prevent you from getting a job, housing, health care, or other services.

I’m not a sex worker anymore. I’ve moved on to a different career working with Heart to Hand and other trans and sex work advocacy organizations. Now, I use my voice to advocate for the sex workers and trans women of color who feel they don’t have a voice living in a criminalized world. Decriminalizing sex work would help sex workers to go out and make money safely, take care of themselves, and have the option to change careers — if they choose to do that one day.  

When we think about a future where we are not grieving so many of our siblings on Trans Day of Remembrance, ending the criminalization of sex work will be a critical part. We cannot survive and thrive if our lives are policed and criminalized. 

 


 

For more information about the impact of sex work criminalization and evidence-based approaches to decriminalize, visit aclu.org/sexwork and download the ACLU research brief.

Date

Friday, November 20, 2020 - 10:45am

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Dale Ho, Director, Voting Rights Project, ACLU

Trump’s days as president are coming to an end, but his efforts to weaponize the census continue — and could impact our democracy for the next decade. We’re going to the Supreme Court on Nov. 30 to make sure that doesn’t happen.

If the census fight feels like a case of déjà vu, there’s a good reason. We already took the Trump administration to court to block its attempt to add a citizenship question to the 2020 census. The Supreme Court agreed with us and ruled that the citizenship question was illegal. Because of that victory, the census proceeded this year as it has for the last 70 years, free of the discriminatory citizenship question.

Still, the fight continues. In spite of squarely losing on the citizenship question, the Trump administration tried again in July to weaponize the census. This time, it issued a memo directing the secretary of commerce to exclude undocumented immigrants from the count that determines how many congressional seats each state gets. This would be an unconstitutional and radical break with the 230-year history of the census, and could reshape the Electoral College map for years to come.

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Here’s why excluding undocumented immigrants is a problem for all of us: Members of Congress don’t just represent the people who vote. They represent everyone with a stake in our communities, including over 10 million undocumented people who live in the U.S. That’s why the census has always counted everybody — citizens and noncitizens alike — since it was first conducted in 1790. Everybody counts and everybody is entitled to representation in Congress. The Constitution says so.

On top of being unconstitutional, the exclusion of undocumented people from the census apportionment count is a discriminatory attack on immigrant communities. It’s no surprise: President Trump has been virulently anti-immigrant since even before he came into office, and the census is just one of many arenas he has used to demonize and disempower immigrants. If he prevails, the exclusionary census total Trump is asking for will dilute the political power of states and areas with significant immigrant communities, especially those of color. States with large immigrant populations like California, Texas, and New Jersey would each lose a congressional seat and an Electoral College vote, while white-majority states would gain representation. An undercount would also make it easier for politicians to draw even more skewed legislative district lines for gerrymandering. To avoid these undemocratic outcomes, we must preserve the integrity of the census — by counting everybody.

From the very beginning of the census fight, Trump has been trying to send the message that undocumented people do not count. That’s not only wrong, it’s unlawful and unconstitutional. Undocumented people are part of the fabric of our communities. They count.

This case is not about particular individuals or groups, it’s about whether all of our communities are represented. We all have a stake in our communities, and we all lose when we’re not counted accurately. We won’t let Trump get away with this last-ditch effort to weaponize the census. We defeated him in the Supreme Court last year, and we are confident that we will do it again this month.

Date

Friday, November 20, 2020 - 10:30am

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Spencer Garcia, they/them/theirs, Paralegal, LGBTQ & HIV Project, ACLU

Each year on Nov. 20, Trans Day of Remembrance (TDOR) gives us an opportunity to remember and honor the trans and non-binary people who have been killed at the hands of transphobic and transmisogynistic violence. In 2020, over 350 trans and non-binary people have been killed around the world, the large majority of whom were trans women and trans feminine people. Within the United States, there have been at least 28 documented cases of trans and non-binary people who have been murdered this year, with Transrespect Versus Transphobia Worldwide (TvT) reporting that almost 80 percent were people of color. While TDOR largely focuses on those we have lost to murder, it is also important to recognize trans and non-binary people who have died because of medical neglect, lack of access to shelter, suicide, and other preventable causes. This increasing and alarming rate of death has been labeled a pandemic, and continues to impact trans and non-binary communities, especially Black trans and non-binary communities, in every corner of the United States.

In addition to high murder rates, trans and non-binary people also face widespread physical and sexual violence, especially from law enforcement. There is a long history of trans and non-binary people being targeted by the police and the criminal legal system as a whole. As maya finoh, a Black non-binary abolitionist and cultural worker, reminds us, “The [U.S. criminal legal system] was absolutely designed to warehouse us, to surveil us, to police us…specifically [those of] us who are Black…immigrants…queer, trans, et cetera.” Research conducted by the NYC Anti-Violence Project concluded that trans and non-binary people are seven times more likely to experience physical police violence as compared to cisgender people. Black trans and non-binary people continue to experience the highest rates of police brutality and incarceration in the LGBTQ community, and are even criminalized for defending themselves against anti-Black, transphobic, and transmisogynyistic attacks.

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Across trans and non-binary communities, law enforcement officers have often abused their power to violently enforce the gender binary and punish gender non-conformity. This often leads to police criminalizing trans and non-binary people for non-illegal activity, such as using public restrooms or standing on street corners. If trans and non-binary people are not killed or harmed by police officers, then they are arrested or incarcerated for “crimes” like false personation, suspicion of sex work, or disorderly conduct, simply for being who they are. Once incarcerated, trans and non-binary people are often forced into facilities that do not align with their gender, denied access to gender-affirming health care, and sexually harassed and assaulted at disproportionate rates. The ACLU’s legal and policy work on rights for trans and non-binary people and sex work decriminalization demonstrates how anti-trans violence can be fought at a structural level, and has resulted in tangible change for trans and non-binary people.

In the face of so much violence and death, trans and non-binary people on the ground continue to mobilize to support and protect their communities. This includes actions such as rallies, like the March for Black Trans Lives held this past summer in Brooklyn, and the creation of mutual aid funds and networks, which assist trans and non-binary people in accessing necessary resources. Trans and non-binary people also continue to be vocal about their needs and the conditions required to survive and thrive in a world filled with transphobic and transmisogynstic violence. The Trans Agenda for Liberation’s “Black Trans Women and Black Trans Femmes: Leading & Living Fiercely,” envisions concrete solutions to combat the discrimination and violence that Black trans women and Black trans feminine people experience, and projects like Trans Day of Resilience provide space for community empowerment and connection among trans and non-binary people of color.

It is essential for us to celebrate, support, and care for the trans and non-binary people who are still living as we mourn and honor those who have passed. Some concrete actions include:

  • Policy: Educate yourself about the decriminalization of sex work, and how decriminalization would impact the lives of trans and non-binary people. Get involved in decriminalization efforts in your area, or if there are none, work with local community organizers to bring this issue to their attention.
  • Know Your Rights: Research your rights for interacting with law enforcement, and learn ways to safely de-escalate situations in which police are verbally or physically harassing trans and non-binary people.
  • Mutual Aid: Find mutual aid networks in your city and state, and plug into the needs that trans and non-binary have named as priorities for their communities. You can also contribute to mutual aid funds for trans and non-binary people to ensure that your money will directly benefit their survival, and donate to bail funds for trans and non-binary people who cannot afford cash bail.

On this Trans Day of Remembrance, we honor the following trans and non-binary people. May they rest in power.

  • Aerrion Burnett, Independence, MO
  • Aja Raquell Rhone-Spears, Portland, OR
  • Alexa Neulisa Luciano Ruiz, Toa Baja, Puerto Rico
  • Angel Haynes, Memphis, TN
  • Ashley Moore, Newark, NJ
  • Brayla Stone, Sherwood, AR
  • Bree “Nuk” Black, Pompano Beach, FL
  • Brian “Egypt” Powers, Akron, OH
  • Dominique “Rem’mie” Fells, Philadelphia, PA
  • Draya McCarty, Baton Rouge, LA
  • Dustin Parker, McAlester, OK
  • Felycya Harris, August, GA
  • Helle Jae O’Regan, San Antonio, TX
  • Jayne Thompson, Mesa County, CO
  • Johanna Metzger, Baltimore, MD
  • Kee Sam, Lafayette, LA
  • Layla Pelaez Sánchez, Puerto Rico,
  • Lexi, New York, NY
  • Marilyn Cazares, Brawley, CA
  • Merci Mack, Dallas, TX
  • Mia Green, West Philadelphia, PA
  • Michellyn Ramos Vargas, San Germán, Puerto Rico
  • Monika Diamond, Charlotte, NC
  • Nina Pop, Sikeston, MO
  • Penélope Díaz Ramírez, Bayamon, Puerto Rico
  • Queasha D. Hardy, Baton Rouge, LA
  • Riah Milton, Liberty Township, OH
  • Sara Blackwood, Indianapolis, IN
  • Selena Reyes Hernandez, Chicago, IL
  • Serena Angelique Velázquez Ramos, Puerto Rico,
  • Shaki Peters, Amite City, LA
  • Summer Taylor, Seattle, WA
  • Tatiana Hall, Philadelphia, PA
  • Tiffany Harris, The Bronx, NY
  • Tony McDade, Tallahassee, FL
  • Yampi Méndez Arocho, Moca, Puerto Rico
  • Yunieski Carey Herrera, Miami, FL

and the other 330 trans and non-binary people murdered around the world.

Source: Anti-Violence Project and news reports.

Date

Thursday, November 19, 2020 - 5:15pm

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