Opportunities and Challenges for the LGBT Community

Redistricting, 2011Presentation to Victory Fund

Part 1 – the BasicsHow and Why the LGBT community should care about redistricting.

What is Redistrictingoverview

Redistricting is the process of drawing district lines. It is done every 10 years after the release of the US Census. The well known examples are Congress and the legislature.

Local governments with districts must also do redistricting. (some localities have a policy of only redistricting if populations changes require it)

Reapportionment is the process of assigning congressional seats to states.

What is Redistrictingthe Gerrymander

The term Gerrymander came from a cartoon depicting a rather serpentine looking district created by Governor Elbrige Gerry in Massachusetts.

What is Redistrictingthe Gerrymander

Yet some modern districts still look eerily similar to this historic map.

What is Redistrictinghow it can be impacted

Redistricting doesn’t just happen. There are many moving pieces and hurdles.

• Redistricting Laws – differ by state/localities• Community Based – all redistricting requires input• Voting Rights Act, Federal compliance

Each of the rules for redistricting have come as a response to unfair gerrymandering and plans that infringed civil rights. As “civil rights” expand, so do the rules for redistricting.

What is Redistrictingdoes it impact the LGBT community?

Electing LGBT legislators, supervisors and council members has always had real impact on policy.

• It was a friendly redistricting that allowed San Francisco Supervisor Harvey Milk to get elected.

• The first out gay state legislators all came from districts with large and active gay populations.

• LGBT legislators have authored every significant gay marriage bill in California.

What is RedistrictingCriteria for drawing new district lines

There are a number of criteria that have been used nationally and upheld by courts.

• Relatively equal size - people, not citizens

• Maintain communities of interest

• Follow local or state rules

• Adhere to Voting Rights Act

Creating districts of equal sizeChange happens - unevenly

Throughout the nation population shifts happen – and most are uneven.

In CA the biggest shift has been to suburbs.

In other states the urban cores have increased as rural areas lose employment opportunities.

Creating districts of equal sizeWith change comes opportunity

Each reallocation creates opportunities to redefine what communities are in what districts.

These reallocations have traditionally meant more women and people of color are elected in subsequent elections.

Communities of InterestKeeping similar voters together

Generally thought of as:

• Race / Ethnicity

• Socioeconomic

• Religious

Communities of InterestKeeping similar voters together

In the US like-minded people move near each other.

Redistricting should reinforce these patterns – preserving communities beyond race and ethnicity.

Communities of Interestusing LGBT as a criteria

There are concentrations of LGBT voters that should be considered as a community of interest.

• Within major cities there are gay communities that can have influence in legislative seats.

• Even smaller cities have gay districts that could have electoral clout if drawn into the same council seat.

Redistricting Termswhat minority groups seek in redistricting

There are three terms to describe positive outcomes from redistricting.

• Majority Minority – a large enough single minority population to impact an election.• Minority Coalition – a majority of the district is made

of likeminded minority groups.• Influence District – a minority group does not have

enough votes to control and election, but they are significant. This should be an LGBT Community goal.

Redistricting Termshow minority groups are disenfranchised

Gerrymandering can dilute the influence of voters in two key ways:

• Packing – taking a bloc of voters and forcing them into one district, giving them one seat, but no more.

• Cracking, Fracturing or Splitting – opposite of packing. Cutting a voting group into several slices so they have no influence.

Bad Redistricting OutcomesAn example of splitting LGBT vote

In 2001 the Castro was splitso 11,000 voters were put in two different Senate districts, with the intent of hurting an openly gay Senate candidate.

This was not noticed until afterthe plan had been signed by the Governor

Bad Redistricting OutcomesAn example of splitting LGBT vote

Sacramento has a strong LGBT concentration in a very liberal urban core – midtown and downtown.

Bad Redistricting OutcomesAn example of splitting LGBT vote

In 2001 the City was split, possibly not knowing the strength of the LGBT and LGBT Friendly community.

Good Redistricting OutcomesExample of protecting LGBT vote

In 2001 the City of San Diego used LGBT Health Center information to build an LGBT cluster – driven by activists before a public redistricting commission.

Good Redistricting OutcomesExample of protecting LGBT vote

As can be seen, the SD district captures a strong density of registered domestic partners, even though they did not have this data at the time.

Key Non-Governmental Playersactors that LGBT community should model

Leaders in the 2001 redistricting included • MALDEF

• NAACP

• Asian Law Center

In California the Asian groups created the only outside statewide map. Other groups commented on portions of the plans.

Key Non-Governmental Playersactors that LGBT community should model

With the increase in available technology there will be thousands of maps drawn. Local activists will include:

• Traditional minority groups• Republican and Democratic Parties• Business groups, Local Chamber of Commerce• Good government groups / Common Cause• Elected officials

• LGBT Activists?

Part 2 – Defining the CommunityWhat tools are available to the LGBT community in 2011

Defining the Community of InterestA term of art, driven by law and data

A “Community of Interest” can be many things.

• Traditional Race/Ethnic/Language/Religions

• Common economic, workplace, transportation

• Homeowners, Renters, Retirees

• LGBT and LGBT Rights Supporters

Defining the Community of InterestA term of art, driven by law and data

In California the Supreme Court defined as:

"The social and economic interests common to the population of an area which are the probable subjects of legislative action.“

Defining the Community of InterestA term of art, driven by law and data

In California the Supreme Court defined as:

"The social and economic interests common to the population of an area which are the probable subjects of legislative action.“

What state hasn’t had a pro or anti-gay marriage bill or ballot measure?

Defining the Community of InterestData and mapping reinforce legal arguments

Sources include:

• US Census • University surveys (UCLA)• Vote Histories (like CA Prop 8, Prop 22)• Domestic Partnerships / Gay Marriages

Mapping LGBT in CAUCLA Survey Data

2003 and 2005 UCLAhealth surveys providerich data on LGB couples – although the information needs to be more detailed to help with redistricting.

Mapping LGBT in CAUCLA Survey Data by County

Mapping LGBT in CAVote Histories

Vote histories are a federally recognized wayof defining a community

In 2001 San Diego used Prop 22 vote to identify gay and gay-friendly parts of the city.

Mapping LGBT in CADomestic Partners

California has publically available data on domestic partners.

To be a domestic partner you have to be over 65 or same-sex.

Mapping LGBT NationallyWaiting for Census

The American Community Survey provides some datagained from US Census forms

However,• Not a Question

• Not standardized

Mapping LGBT NationallyWaiting for Census

The US Census has traditionally recoded same sex households – changing one gender as if they were errors.

In November the first usable dataset will be released.

Mapping LGBT NationallyWaiting for Census

States and localities will need to find measures in order to develop community of interest arguments.

• Elections?• Health Center Data?• Gay-owned businesses?• Organizational Memberships?• Almost anything can be mapped, and there

are no hard rules.

Part 3 – Next StepsNational organizing around redistricting in 2011

National Strategygaining tools and alliances for redistricting

Short term achievable goals:

• Start national conversation of LGBT as a “community of interest” for redistricting

• Encourage local and state leaders to create alliances with other groups working on redistricting

National Strategygaining tools and alliances for redistricting

Short term achievable goals:

• Create a national presence (web, media, FB, Twitter) on redistricting

• Amplify the work of local activists like in San Diego and Sacramento so they become examples for the rest of the nation.

National Strategygaining tools and alliances for redistricting

Long term achievable goals:

• Push for improved federal counting of LGBT households for 2021 redistricting.

• Advance public commissions as a way to break into redistricting process.

• More?

Redistricting, 2011Presentation to Victory Fund

For more information, please contact:

Paul Mitchellpaul@redistrictingpartners.com(916) 612-8686