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News :: Gender and Sexuality
Recent Spate of Legislation Leaves "Transgender" Behind
After a recent publicized “support for transgender-inclusive legislation” from the Human Rights Campaign (HRC), hailed as a watershed shift in policy from the gay and lesbian community’s major civil rights group, the recent state victories, and at least one key federal bill, have been pushed forward without gender identity inclusion.
For Immediate Release: Dated July 21, 2003
From: The National Transgender Advocacy Coalition (NTAC)
Contacts: Robyn Walters, Seattle, Washington
Chair, Vanessa Edwards Foster; Houston, Texas
Contact Email: ntacmedia-AT-aol.com
media-AT-ntac.org
Contact Phone: 832-483-9901
360-437-4091
Website: www.ntac.org
Recent Spate of Legislation Leaves “Transgender” Behind
In the shadows of the U.S Supreme Court’s landmark decision in late June the GLBT community won two important victories, and took an important step towards a third at the state level.
Yet after a recent publicized “support for transgender-inclusive legislation” from the Human Rights Campaign (HRC), hailed as a watershed shift in policy from the gay and lesbian community’s major civil rights group, the recent state victories, and at least one key federal bill, have been pushed forward without gender identity inclusion.
Most attention has focused on the pending Hate Crimes bill known as the Local Law Enforcement Enhancement Act (LLEEA), currently in the U.S. Senate Judiciary Committee, which would expand penalties for bias related violence to include sexual orientation.
In Arizona an executive order was signed by Gov. Janet Napolitano (D), which barred employment discrimination in state agencies based on sexual orientation. In June, the Maryland State Board of Education issued new regulations to protect vulnerable students from harassment and bullying on the basis of sexual orientation only.
And in Delaware, HB 99 – which prohibits discrimination in housing, insurance and employment based upon sexual orientation – was passed by the House and will move on to be considered by the state Senate early next year. The Delaware bill, endorsed by Gov. Ruth Ann Minner (D), is notable because of the language that some say may be used against transgenders if passed.
The LLEEA (S.966) sponsored by Sen. Edward Kennedy (D-MA) with 48 co-sponsors would protect a number of categories, including sexual orientation. Recent press conferences held by Sen. Kennedy and Sen. Orrin Hatch (R-UT) have emphasized the need for covering gay and lesbian Americans. Curiously, there is no stated coverage for transgendered citizens or plans to add such protections. In a press release in the Salt Lake City Tribune on June 18, Sen. Hatch even expressed desire to take out the category of “gender,” calling it too broad.
Arizona’s executive order caught many by surprise when it ultimately was learned that it excluded persons with transgender identities. According to a news report in the Arizona Star, Gov. Napolitano stated that her intent was to protect “sexual orientation” and dodged questions on why transgender protection was not included. Many had presumed the executive order would contain the original language, which would cover all citizens, including transgenders, when the Arizona Human Rights Fund (AHRF) submitted the initiative to the governor.
“I was the most shocked of all people when I discovered” said AHRF board member, Amanda Simpson of the governor’s omission. Simpson, a transgender activist from Tucson who was involved in the executive order process, immediately wrote the governor “strongly urging “ a revision and reissue of the executive order. “I was very upset and plan to continue to let her know of my disappointment as well as educating her as to why her omission was so harmful,” Simpson finished.
It wasn’t until after the governor signed the executive order that the late exclusion was discovered. A spokesperson for the AHRF explained that transgender concerns would hopefully be covered under “sex” discrimination in the Title VII of the Civil Rights Act.
The Maryland safe school initiative prompted a response from Free State Justice (FSJ) which surprised and disappointed many of the state’s transgender activists. The executive director of FSJ, Jon Kaplan issued a statement praising the non-inclusive safe schools regulations as protecting "all" Maryland students.
"It's disturbing and worrisome that Free State's leadership continues to blow hot and cold on the issue of transgender inclusion,” said Donna Cartwright, a founding member of MATTER, FSJ’s transgender subcommittee. “They either represent the full LGBT community or they don't.” Cartwright added, “[MATTER] will be seeking clarification from Free State in the very near future."
This followed on the heels of a reiteration of support for inclusive language by Kaplan of FSJ after a non-inclusive Hate Crimes bill failed two months ago.
Delaware’s (HB99) specifically defines sexual orientation to exclude transgender identity: “Sexual orientation exclusively means heterosexual, bisexual, or homosexual orientation, whether real or perceived.” In addition to the language specifically excising the transgender community, additional amendments included a provision allowing employers to set “gender-appropriate dress codes.”
“At best this will leave unprotected all transitioned transsexuals who pass as their true sex and are not "perceived" to be gay,” said transgendered attorney Katrina Rose, “and, as a result, lose employment or housing.” Rose, a charter member of the National Transgender Advocacy Coalition (NTAC), added, “this will provide courts with the opportunity to utilize the term "exclusively" to avoid reaching the question of whether gender identity is encompassed by the legislation.”
NTAC is pleased to hail the recent victories for the gay, lesbian and bisexual community. However the celebrations and press pronouncements accompanying these issues have a consistent message of satisfaction that “all” citizens are now protected from discrimination or free from violence. The transgender community excluded from these new or proposed laws are left with a sense of being considered non-existent. It leads one to question the commitment of promises to support all GLBT citizens, or to protect “all Americans,” when a portion of society is left out.
- 30 -
Founded in 1999, NTAC - the National Transgender Advocacy Coalition - is a §501(c)(4) civil rights organization working to establish and maintain the right of all transgendered, intersexed, and gender-variant people to live and work without fear of violence or discrimination.
From: The National Transgender Advocacy Coalition (NTAC)
Contacts: Robyn Walters, Seattle, Washington
Chair, Vanessa Edwards Foster; Houston, Texas
Contact Email: ntacmedia-AT-aol.com
media-AT-ntac.org
Contact Phone: 832-483-9901
360-437-4091
Website: www.ntac.org
Recent Spate of Legislation Leaves “Transgender” Behind
In the shadows of the U.S Supreme Court’s landmark decision in late June the GLBT community won two important victories, and took an important step towards a third at the state level.
Yet after a recent publicized “support for transgender-inclusive legislation” from the Human Rights Campaign (HRC), hailed as a watershed shift in policy from the gay and lesbian community’s major civil rights group, the recent state victories, and at least one key federal bill, have been pushed forward without gender identity inclusion.
Most attention has focused on the pending Hate Crimes bill known as the Local Law Enforcement Enhancement Act (LLEEA), currently in the U.S. Senate Judiciary Committee, which would expand penalties for bias related violence to include sexual orientation.
In Arizona an executive order was signed by Gov. Janet Napolitano (D), which barred employment discrimination in state agencies based on sexual orientation. In June, the Maryland State Board of Education issued new regulations to protect vulnerable students from harassment and bullying on the basis of sexual orientation only.
And in Delaware, HB 99 – which prohibits discrimination in housing, insurance and employment based upon sexual orientation – was passed by the House and will move on to be considered by the state Senate early next year. The Delaware bill, endorsed by Gov. Ruth Ann Minner (D), is notable because of the language that some say may be used against transgenders if passed.
The LLEEA (S.966) sponsored by Sen. Edward Kennedy (D-MA) with 48 co-sponsors would protect a number of categories, including sexual orientation. Recent press conferences held by Sen. Kennedy and Sen. Orrin Hatch (R-UT) have emphasized the need for covering gay and lesbian Americans. Curiously, there is no stated coverage for transgendered citizens or plans to add such protections. In a press release in the Salt Lake City Tribune on June 18, Sen. Hatch even expressed desire to take out the category of “gender,” calling it too broad.
Arizona’s executive order caught many by surprise when it ultimately was learned that it excluded persons with transgender identities. According to a news report in the Arizona Star, Gov. Napolitano stated that her intent was to protect “sexual orientation” and dodged questions on why transgender protection was not included. Many had presumed the executive order would contain the original language, which would cover all citizens, including transgenders, when the Arizona Human Rights Fund (AHRF) submitted the initiative to the governor.
“I was the most shocked of all people when I discovered” said AHRF board member, Amanda Simpson of the governor’s omission. Simpson, a transgender activist from Tucson who was involved in the executive order process, immediately wrote the governor “strongly urging “ a revision and reissue of the executive order. “I was very upset and plan to continue to let her know of my disappointment as well as educating her as to why her omission was so harmful,” Simpson finished.
It wasn’t until after the governor signed the executive order that the late exclusion was discovered. A spokesperson for the AHRF explained that transgender concerns would hopefully be covered under “sex” discrimination in the Title VII of the Civil Rights Act.
The Maryland safe school initiative prompted a response from Free State Justice (FSJ) which surprised and disappointed many of the state’s transgender activists. The executive director of FSJ, Jon Kaplan issued a statement praising the non-inclusive safe schools regulations as protecting "all" Maryland students.
"It's disturbing and worrisome that Free State's leadership continues to blow hot and cold on the issue of transgender inclusion,” said Donna Cartwright, a founding member of MATTER, FSJ’s transgender subcommittee. “They either represent the full LGBT community or they don't.” Cartwright added, “[MATTER] will be seeking clarification from Free State in the very near future."
This followed on the heels of a reiteration of support for inclusive language by Kaplan of FSJ after a non-inclusive Hate Crimes bill failed two months ago.
Delaware’s (HB99) specifically defines sexual orientation to exclude transgender identity: “Sexual orientation exclusively means heterosexual, bisexual, or homosexual orientation, whether real or perceived.” In addition to the language specifically excising the transgender community, additional amendments included a provision allowing employers to set “gender-appropriate dress codes.”
“At best this will leave unprotected all transitioned transsexuals who pass as their true sex and are not "perceived" to be gay,” said transgendered attorney Katrina Rose, “and, as a result, lose employment or housing.” Rose, a charter member of the National Transgender Advocacy Coalition (NTAC), added, “this will provide courts with the opportunity to utilize the term "exclusively" to avoid reaching the question of whether gender identity is encompassed by the legislation.”
NTAC is pleased to hail the recent victories for the gay, lesbian and bisexual community. However the celebrations and press pronouncements accompanying these issues have a consistent message of satisfaction that “all” citizens are now protected from discrimination or free from violence. The transgender community excluded from these new or proposed laws are left with a sense of being considered non-existent. It leads one to question the commitment of promises to support all GLBT citizens, or to protect “all Americans,” when a portion of society is left out.
- 30 -
Founded in 1999, NTAC - the National Transgender Advocacy Coalition - is a §501(c)(4) civil rights organization working to establish and maintain the right of all transgendered, intersexed, and gender-variant people to live and work without fear of violence or discrimination.
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