ACTION ALERT on ENDA from the National Center for Transgender Equality
October 15, 2007
House committee meets Tuesday to decide whether or not a version of ENDA that cuts out protections for transgender people will advance in Congress
Your Representative needs to hear from you TODAY
The House Education and Labor Committee is holding a special meeting on Tuesday to discuss the strategy proposed by some House leaders to pass an ENDA that cuts out protections for transgender people. A committee vote on the bill is tentatively scheduled for Thursday.
Your Representative needs to hear from you TODAY about your opposition to the flawed strategy of advancing a bill that leaves transgender people behind.
Call your Representative right now at 202-224-3121, even if you have already called him/her already about this issue. Tell him/her to oppose advancing H.R. 3685, the bill that leaves transgender people behind. Tell him/her to push for a vote on H.R. 2015, the transgender-inclusive ENDA, instead.
Please call today. You have been asked to do a lot in the last few weeks to support transgender nondiscrimination protections. The action you take today might make the difference.
What’s madding about this whole ENDA debacle is that Bush will veto the bill anyway, so it’s strictly a symbolic vote (Bush will veto it and there’s not enough votes to override), and as Rep. Tammy Baldwin (the only out lesbian in the House) said, “[I]t is a mistake to concede defeat on an issue, before our opponents even raise it.” The signal this whole debacle sends is that folks like Frank are willing to throw parts of the community overboard before the going gets tough. So what else is he willing to throw overboard when it does?
As far the “we’ll come back for you later,” it’s only happened in four of the 23 states that passed sexual orientation-only protections. In New York, New Jersey and Connecticut, six years later gender/identity protections are still languishing. In Massachusetts, it’s been 17 years. And it’s been 18 years in Wisconsin—the first state to pass sexual orientation protections.
Those who claim if “straight-acting” ENDA isn’t passed now (ignoring the fact that it will be vetoed, which Frank himself acknowledges) it’ll take 20 years to pass seem to forget there’s presidential race next year, so it’s only a year or two until there’s enough votes in the House and the Senate—and in all probability a Democratic president who won’t veto it. As far as Frank’s argument about opening up Congress critters to charges of “flip-flopping”and thus hurting ENDA’s chances in a future vote, 1) by that logic he shouldn’t have reintroduced ENDA, since it failed in 1996, and there’s people who will vote for it now who didn’t vote for then; 2) here in California, Assemblyman Mark Leno kept re-introducing California’s ENDA year after year—and guess what, each year it gained a few more votes until it passed.
To all of you gay men (and yeah it’s usually gay men making the argument) who say that trans people have nothing to do with LGB (so we should just STFU and go fight our own fight), I hate to inform you but a lot of late-transitioning trans woman are attracted to women. So when they transition they go from being seen as hetero men to being seen as—wait for it—lesbians. Likewise, there are trans men who are attracted to men.
Oh, and did I mention that most trans men who are attracted to women spend years in the lesbian community before transitioning. And that trans women who are attracted to men are often are part of the gay community (perceived as ultra-femmy gay men) before transitioning. (In both cases, it’s usually because butch and nelly are visible niches they can try to fit into.)
And a number of those trans women remain in the gay community post-transition—like the three of the drag queens I perform with. (They started doing drag as gay men, and post-transition it’s one of the jobs they can still get.)
But hey, other than that, we’ve got nothing in common.
(If you haven’t figured out the preceeding is snark, well…)
The butch who was thrown out of the Caliente Cab Co. restaurant in NYC (on Pride Day no less) because a bouncer thought she was too butch to pee in the women’s restroom is an example of how gender expression affects gays and lesbians without “passing privilege.” BTW, it’s notable that the main thrust of the lawsuit she filed is that the restaurant violated NYC’s protections on gender expression. While the lawsuit also alleged violations of sexual orientation, want to bet the restaurants lawyers will argue they didn’t because (and admittedly I’m assuming here) there were other lesbians in the bar. Which is, as GLAD noted, the same argument employers can and do make today.
To those critics who’ve challenged these legal groups to point to case law that’s problematic is states that only have sexual orientation protections, NCLR points out that: “We know from our own firsthand experience that LGB employees who have experienced discrimination that might be characterized as based on gender nonconformity have a very difficult time finding a lawyer to represent them in those states because of the uncertainty as to whether the law prohibits this type of discrimination. Moreover, even if an LGBT employee finds a lawyer to file such a case, most employment discrimination cases settle and never result in an appeal that establishes precedent. Experienced lawyers thus have to read the case law not just for what it expressly states, but for what it shows is likely to happen in other litigation. What has happened in the federal courts under other anti-discrimination laws shows why we, Lambda Legal, the ACLU, GLAD, and the Transgender Law Center are deeply concerned about the inadequacy of a sexual orientation-only bill.”
Bottom line, gender identity/expression protections protect everyone, not just trans people.
It’s been a rollercoaster of emotions over the last few days. If you want to know more about what’s been happening my friend, Helen, has compiled an extensive list of articles, essays and blog posts about the whole mess, both at her blog and Trans Group Blog.
OTOH, I’ve been overwhelmed by the outpouring of support—with more than 300 local, state and national LGBT organizations saying they weren’t willing to see ENDA pass without protections for gender identity and those who held HRC’s feet to the fire to insist that it take a stronger stand on the issue. I’m impressed by the number of people who have said they’re not willing to gain their protections at the price of someone else. Even though there’s no chance of getting enough votes to override a veto, so an ENDA veto is purely symbolic this year, it’s still not an easy thing to ask—and those who of you who aren’t willing to leave us behind, I can’t say thank you enough. The phrase “among the righteous” comes to mind. Ironically, some of the strong support has come from the folks in small town America. Places where there may only be only “safe” bar in town, where people can’t self-segregate into their own little enclaves, where they realize that distinctions we like to make among ourselves don’t mean shit to the people who hate us.
OTOH, we’ve had several well-to-do well-connected white (and I assume “straight acting”) gay men ranting, as someone aptly put it, in an attack of stupidity and entitlement about who let those trannies into the club—and trying to whitewash trans people out of queer history. Note to John Aravosi, if we haven’t been a part of the LBG community, it’s because of folks like you slamming the door in our faces, and purging us in the name of respectability. Historian Susan Stryker has a detailed account of that sordid story. As Pam points out, it’s not like an ENDA that dumps trans people over the side is going to more acceptable to the pro-bigotry folks. Not to mention, as Lambda Legal pointed out, an ENDA without protections for gender identity means that even though employers might not be able to fire you for being gay or lesbian, they still can fire you if they think you fit the stereotype of one. (And for what it’s worth, just remember the courts have upheld the firing of a hetero woman who was deemed “not feminine enough” at work—so ENDA isn’t just for LGBT folks only.)
The outcry succeeded in causing Pelosi to postpone a House vote, but now we need to keep the pressure up. We’ve got two weeks to make something happen, so sign a petition, call/email/meet with your member of Congress and send them a strong and clear message that they should vote for H.R. 2015, the original united ENDA, with gender identity and sexual orientation. If you’re closeted, you don’t have to outself. Use a pseudonym—and make the point that you feel you need to use a pseudonym is evidence of why protections are needed. To find your Representative’s phone number, go to http://www.house.gov or call the U.S. Capitol Switchboard at (202) 224-3121 and ask for your representative’s office. PFLAG has some good resources to help you make your points.
Do it today. The job that’s saved by ENDA protections might be your own.
I’ve been crazy busy this week between work and all the ENDA drama this week, so I haven’t had time to post about all the latest ENDA developments. But I did want to spread the word about this vigil tonight:
Join us for a candlelight vigil for gender identity inclusion in ENDA on Saturday night in the Castro
The Queer Youth Organizing Project of SF Pride at Work calls for candlelight vigil outside of Human Rights Campaign Store in SF to coincide with National Gala for HRC in Washington D.C. this Saturday night.
Location: SF HRC Store
600 Castro Street
(near 19th Street)
San Francisco, CA
Time: 7-8:00 PM
SF Pride at Work, the lesbian, gay, bisexual, and transgender (LGBT) constituency group of the AFL-CIO, the Harvey Milk LGBT Democratic Club, And Castro For All, and the Transgender Law Center announced today that it would be holding a candlelight vigil outside of the HRC store in San Francisco to coincide with the HRC Gala in Washington, D.C. on Saturday, Oct. 6th. Representative Nancy Pelosi, Speaker of the House, will be giving the keynote speech at the Human Right’s Campaign National Gala.
Last week, Congressman Barney Frank and House Speaker Nancy Pelosi announced that they would be introducing a bill that would protect people under sexual orientation only and would drop gender identity protections from ENDA.
Over 100 national, statewide, and local organizations have signed onto a letter to Congress stating that they will oppose ENDA unless gender identity is included. However, people should know that gender non-conforming gays and lesbians would be unprotected by ENDA unless gender identity is included. In fact, LAMBDA and the ACLU have recently stated that Congress would be creating a loophole for discrimination if it excludes gender identity.
The only major LGBT group that has not come out against this decision is the Human Rights Campaign (HRC). Only a few weeks ago, HRC leader Joe Solomonese pledged at a major transgender conference that HRC would outright oppose any federal anti-discrimination legislation that did not include gender identity. While they are supportive of including gender identity, they will not join the over 100 organizations who have signed a letter stating they would oppose. We hope that HRC changes course and joins with us. Furthermore, we call on all LGBT and allied organizations that support transgender inclusion in ENDA to join us. We believe that Congresswoman Nancy Pelosi, a staunch ally of the LGBT community, has been misled about the issue and we hope through education that we can reach her and help her to understand what a disastrous mistake moving forward without gender identity is for the entire LGBT community and that the majority of the LGBT community understands this and is asking her to change course.
and this event on Monday:
ALICE B. TOKLAS LGBT DEMOCRATIC CLUB and SAN FRANCISCO LGBT COMMUNITY CENTER SPONSOR PANEL ON ENDA.
The October Alice B. Toklas LGBT Democratic Club Monthly Membership Meeting will feature a report and panel discussion by local and national organizations on the status of the Employment Non-Discrimination Act (“ENDA”). The membership meeting and program* will take place on Monday, October 8, 2007 at 6:30 p.m. in the Ceremonial Room of the San Francisco LGBT Community Center.
Determination of whether ENDA should prohibit discrimination based upon gender identity has been described as a “defining and morally transformative moment for the LGBT community.” At Monday night’s meeting, hear from some of those working on the campaign to enact ENDA, and be a part of this important discussion.
Confirmed participants on the panel for the program include:
Masen Davis, Exec. Dir. of TLC (Transgender Law Center)
Scott Weiner, HRC (Human Rights Campaign) board member
Kate Kendell, Exec. Dir. Of NCLR (National Center for Lesbian Rights)
Mark Leno, California Assembly member
Cecilia Chung, Vice Chair, San Francisco Human Rights Commission
*This program is co-sponsored by San Francisco LGBT Community Center and is open to the public.
Here’s a list of HRC’s Board of Governors. If you know any of them, contact them and tell them to get their shit together.
If you don’t know them personally, then call HRC at 1-800-777-4723 or email them at hrc@hrc.org and tell them to get their shit together.
Desi Bailey – Seattle, WA
Joe Barrows – Denver, CO
John Barry –Chicago, IL
Bruce Bastian – Orem, UT
Terry Bean – Portland, OR
David Beckwith – Los Angeles, CA
Ken Britt – Atlanta, GA
Marjorie Chorlins – Washington, DC
Lawrie Demorest – Atlanta, GA
Tim Downing – Beachwood, OH
Linda Elliott – Phoenix, AZ
Anne Fay – Dallas, TX
Joanne Gates – New Orleans, LA
Carolyn Hall – Dallas, TX
Sandra Hartness – Laguna Beach, CA
Mike Holloman – Houston, TX
John Isa – Washington, DC
Julie Johnson – Dallas, TX
Barry Karas – Los Angeles, CA
Marty Lieberman – Seattle, WA
Andrew Linsky – Palm Springs, CA
Joni Madison – Raleigh, NC
David Medina – Washington, DC
Lucilo Peña – Dallas, TX
Terry Penrod – Columbus, OH
Dana Perlman – Los Angeles, CA
Henry Robin – New York, NY
Henry Rosales – Denver, CO
Donna Rose – Scottsdale, AZ
Maria Salas – Nashville, TN
Judy Shepard – Casper, WY
Tom Skancke – Las Vegas, NV
Mary Snider – Washington, DC
Jill Stauffer – Jamaica Plain, MA
Rebecca Tillet – Huntington, NY
Jeff Trandahl – Washington, DC
Alan Uphold – Los Angeles, CA
Janis Verruso – Twin Cities, MN
Scott Wiener – San Francisco, CA
David Wilson – Jamaica Plain, MA
From San Francisco Supervisor (and trans man) Robert Haaland:
Dear Friends,
We need your help. Without you, we cannot prevail. Will you be on the right side of history with us? Join us Monday morning at a vigil at Pelosi’s office at 8AM. It will be a 24 hour vigil so you can stop by at any point but for sure join us at 8AM before you go to work.
Congressman Barney Frank and the Speaker of the House, Nancy Pelosi, are attempting to scuttle a trans-inclusive the Employment Non-Discrimination Act (ENDA) by introducing a separate bill covering sexual orientation only, as well as a token bill on gender identity. The vote is Tuesday in the Labor Committee so act now to stop this divisive tactic.
Please bring a friend and let your friends know how important this is for all of us, not just transgender people Things You Can Do To Save Gender Identity in ENDA
1) If you are in San Francisco, Join us tomorrow morning (Monday, October 1st) for a 24 vigil. We will meet in front the Federal Building where Pelosi’s office is located. 450 Golden Gate, cross street is Polk Street. Meet at 8AM. Wear black. We are casualties of the equality battle.
2) If you can come to Washington D.C., Picket House Speaker Nancy Pelosi at HRC National Gala In Washington, DC- Oct. 6 We’ve been kicked to the curb. Join us on the curb to picket the Speaker of the House, Nancy Pelosi, and demand an ENDA covering gender identity. As labor unionists we won’t sell out any part of our community. We call on all LGBT and allied organizations that support gender identity inclusion in ENDA to join us.eet at 4:15 p.m.; Picket begins at 4:30 before the Major Donors
Reception and continues through the General Reception beginning at 6 PM.
Location:
Washington Convention Center
801 Mount Vernon Place, NW
(near 9th St & Mass Ave)
Washington DC
3) Call Pelosi’s office to urge her to include gender identity. Her number is (202) 225-4965.
4) Call HRC at 800/777-4723. The only major LGBT group that has not come out against this betrayal is HRC, which will be holding its 11th Annual Gala next Saturday in Washington, DC. Congresswoman Pelosi is the keynote speaker for the dinner.
Only a few weeks ago, HRC leader Joe Solomonese pledged at a major transgender conference that HRC would outright oppose any federal anti-discrimination legislation that did not include gender identity.
As you may have heard by now, on Friday the House Democratic leadership, supported by Rep. Barney Frank, removed transgendered people from the Employment Non-Discrimination Act, saying they didn’t have to votes to pass ENDA. While a dozen major LBGT organization protested this, the Human Rights Campaign (the largest, most powerful LGBT lobbying group) has sat on its hands. Instead trans people are supposed to wait quietly for our turn.
Why the rush to get ENDA, which has been stalled for some time, to a vote on Friday the 5th? I’m sure it’s unrelated to the fact that Pelosi and Frank are supposed to honored at HRC’s National Dinner on Saturday the 6th…
The thing is Bush will veto ENDA with or without trans protection, and there’s not enough votes for an over-ride. So it’s always been a symbolic vote. Not to say symbolism isn’t important—being willing to toss aside the most vulnerable members of the LBGT communities without even an attempt to line up more support sure sends a signal to the pro-bigotry side: we’re willing to cave even before things get serious. Rather than cutting loose trans people without warning, Frank and company could have said, “hey folks we need more votes, go lobby your representatives.”
This isn’t “half a loaf is better than none,” this is “You can starve as long as I get mine.”
As far as waiting politely…
Did gays and lesbians “wait their turn” when they pushed for inclusion in civil rights legislation in the ‘70s, when they were told doing so might harm efforts by racial minorities?
Did they “wait their turn” when they demanded funding for HIV/AIDS research and finding a cure for it get higher priority in the ‘80s, when established groups felt that doing so would take badly-needed money away from other fatal diseases?
Did they “wait their turn” when they demanded that their rights be acknowledged and respected in the ‘90s?
Did they “wait their turn” in 2003 when they pushed for marriage equality in the face of warnings that it could have a disastrous impact before a critical presidential election?*
And color me cynical, but “we’ll come back for you later” hasn’t had a particularly good track record.
In New York and Maryland, trans people helped pass LBG anti-discrimination laws six years after being told to wait. Six years later they’re still waiting—and left to fend for themselves while LGB organizations focus on marriage equality.
In Barney Frank’s home state, LGB anti-discrimination laws were passed 17 years ago. Trans people are still waiting.
It’s promise HRC President Joe Solmonese reiterated only two weeks ago at the Southern Comfort Conference, the nation’s largest trans gathering.
But apparently HRC isn’t willing to follow through on those promises, and instead has chosen to let trans people twist in the wind.
The only good news out of this whole debacle is the number of LGB people who’ve come forward to saw that they’re not willing to throw trans people into the volcano. One poll shows people oppose a ENDA without gender identity protection by a 10-1 margin. To those of us, willing to delay your own rights for those who are even more vulnerable, I salute you. As for the House Democratic leadership, Frank and the HRC…
As Martin Luther King Jr. said, in the long run it would be the arguments of our enemies, but rather the silence of our friends, that will be remembered.
Thanks to Monica at TransGriot for raising these points.
