Maryland House Bill 235, the Gender Identity Anti-Discrimination Act, is moving to the Senate. This afternoon, the House of Delegates voted 86-52 to pass HB 235. The bill provides job, housing and credit protections for transgender Marylanders.
Equality Maryland is asking bill supporters to keep the momentum going by contacting their Senator and asking them to vote ‘yes’ on HB 235. Press release below the fold.
Update: EQMD has posted the “yes” votes here.
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EQUALITY MARYLAND CELEBRATES HOUSE PASSAGE OF GENDER IDENTITY BILL
Equality Maryland celebrates getting one step closer to securing job and housing protections for the Transgender community.
ANNAPOLIS, MD, March 26, 2011 – Today the Maryland House voted 86-52 to pass HB 235, the Gender Identity Anti-Discrimination Act, legislation that would end discrimination in employment, housing and credit for Transgender Marylanders.
A report put out in February 2011 by the National Gay and Lesbian Task Force and the National Center for Transgender Equality found that 1 in 5 transgender people in Maryland have lost a job due to discrimination and 12% have become homeless.
Advocates emphasize that this law is a matter of life-or-death for some Marylanders and call on supporters to help secure passage this year.
Equality Maryland, along with members of the House of Delegates, and the LGBT Caucus, celebrate this victory and acknowledge the work ahead.
Del. Joseline Pena-Melynk (D-21), Lead Sponsor:
“Every Marylander should expect to work or live in comfortable housing without fear of losing either because of who they are. HB 235 provides the protection necessary to make sure that every Marylander can live without fear of discrimination.”
Del. Ariana Kelly, (D-16), Lead Sponsor:
“Transgender Marylanders face profound and often crippling discrimination in housing and employment. This bill [HB 235] is an important step towards mitigating this unjust discrimination. It will improve people’s lives, and it is clearly the right thing to do.”
Morgan Meneses-Sheets, Executive Director of Equality Maryland
“Today we thank Delegates Pena-Melynk and Kelly for their tremendous leadership. We are proud of the 86 Delegates who stood up for fairness today by voting to support HB 235. All hardworking people in our state, should have a chance to earn a living and provide for themselves and their families. Nobody should have to live in fear that they can be legally fired for reasons that have nothing to do with their job skills or work performance. There is still work to do, but today, we’re one step closer in seeing all transgender Marylanders are treated fairly under the law.
Discrimination in jobs and housing happens a lot in Maryland and it’s time we put a stop to it. Data shows that 1 in 5 transgender people in Maryland have lost a job due to discrimination and 12% have become homeless. This law is a matter of life-or-death for some Marylanders. We look to the Senate now, where we will work with proven champions Senator Jamie Raskin and Senator Rich Madaleno to see this bill through to a swift and successful passage.”
LGBT Caucus members:
Del. Anne Kaiser (D-14):
“This bill will provide all Maryland citizens with the legal protections they deserve and it will also help end a lifetime of discrimination for LGBT individuals in Maryland. This bill allows transgender and transsexual individuals many of the same opportunities of growth and access to, housing and employment opportunities that are available to any other Marylander.”
Del. Bonnie Cullison (D-19):
“In the committee, transgender individuals gave poignant and disturbing stories of discrimination and abuse they have experienced. This is the year to ‘listen with our hearts’ as one mother said and give these wonderful friends, family, and colleagues protection against further abuses in housing, employment and credit by passing HB 235.”
Del. Luke Clippinger (D-46):
“Transgender citizens of Maryland have had to suffer discrimination in the realms of employment and housing for far too long. In Baltimore City, we are lucky to have an ordinance that was passed by former Mayor Martin O’Malley in 2002 that prohibits discrimination on the basis of gender identity. All transgender Marylanders, not just those living in Baltimore City, should have the same protections against discrimination.”
Del. Maggie McIntosh (D-43):
“Ten years ago when anti-discrimination legislation passed the General Assembly, the transgender community was omitted from anti-discrimination protections in housing, employment, and credit. HB235 must pass to correct the wrong made 10 years ago. I am a strong supporter of HB 235 and will vote for its passage.”
Del. Heather Mizeur (D-20):
“Our transgender brothers and sisters deserve every protection under the law, and that’s why we’re standing up and fighting for HB235. Businesses need the very best workers and landlords need the very best tenants – regardless of the employee or renter’s gender identity. This bill will be a big step toward the day when transgender Marylanders can live their truth without fear of unemployment, underemployment, or homelessness.”
Del. Peter Murphy (D-28):
“I will continue to support protecting and advancing civil rights for all Marylanders. Surveys show up to 68% of lesbian, gay, bisexual, and transgender individuals have experienced discrimination in the workplace. Maryland should band together and say, ‘enough’.
It’s important to realize that federal housing laws do not protect individuals against discrimination based sexual orientation or gender identity. Maryland needs to join the 12 other states across the country that offers these protections. We have an opportunity to do that this legislative session with HB 235. This bill is a strong effort to move us in that direction.”
Del. Mary Washington (D-43):
“These protections provided by HB235, would afford some of our most vulnerable members of our society some measure of much needed protections – protections that sometimes can be the difference between employment and poverty and shelter and homelessness. Maryland’s laws against discrimination are intended to promote fundamental values underlay our political system – personal liberty, tolerance of diverse backgrounds and points of view, and respect for privacy and individual liberty…this legislation is absolutely needed to make it clear that discrimination is never acceptable.”





103 Comments


“Equality Maryland is asking bill supporters to keep the momentum going by contacting their Senator and asking them to vote ‘yes’ on HB 235. “And trans people are asking Maryland’s Senate to stop this monstrosity from becoming law.
What is…What is Equality Maryland’s strategy for getting public accommodations into law? I might support following through with HB 235 if they presented a plan that I though they would follow.
How about a full picture?
Love the passive voice – always deflecting guilt.
And love the omission of what else the gay-only law of 2001 excluded trans people from – and what HB 235 will do nothing to rectify.
It starts with the same strategy that Maryland’s gay elite put into play in 2001: They’re only trannies; they can wait at least 10 years
Not all of themClearly enough trans people in Maryland have asked their legislators to support this bill, or I doubt they would be wasting precious time on it. Anything LGBT is, after all, somewhat scary territory for most legislators. The voices of the detractors of this bill are either too few or largely too remote (from outside the state) to stop it. Only one trans Marylander spoke out against it during the public hearing when it was before the House. Numerous trans people spoke for it, and have apparently worked very effectively in other ways to get it passed.
“what HB 235 will do nothing to rectify”Are you calling employment, housing and credit protections “nothing”? Really?
“Only one trans Marylander spoke out against it during the public hearing when it was before the House. “I heard at least two testify against it – but facts are always optional when Maryland gays and their apologists start shovelling around political garbage; they certainly were in 2001.
I wonder how many of the actual trans people who claim to support the bill have come to that position via ‘Equality’ Maryland lies about what all HB 235 allegedly covers.
Are you so throroughly in ‘Equality’ Maryland’s pocket that you’ve completely eliminated “public accommodations” from your vocabulary?
OK two. Not a huge number was it?Frankly I think it’s sad that you can’t accept the aphorism that “reasonable people can disagree”, and instead dismiss the many trans people who support this bill as dupes.
Our “amazing allies” are offering us nothing.Employment in Maryland cannot be protected unless the employer is stupid enough to come right out and say “You are fired because you are transgender.” Please don’t tell me about how most other states are “at will” also. The situation is different in Maryland. Workers have no rights here.
http://www.dllr.state.md.us/la…
HUD should correct the housing discrimination this year:
http://portal.hud.gov/hudporta…
So, yeah, our “amazing allies” (as Morgan Meneses-Sheets likes to call them) in the State House are offering nothing that cannot be achieved without their “help.”
Our “amazing allies” are offering us nothing.Employment in Maryland cannot be protected unless the employer is stupid enough to come right out and say “You are fired because you are transgender.” Please don’t tell me about how most other states are “at will” also. The situation is different in Maryland. Workers have no rights here.
http://www.dllr.state.md.us/la…
HUD should correct the housing discrimination this year:
http://portal.hud.gov/hudporta…
So, yeah, our “amazing allies” (as Morgan Meneses-Sheets likes to call them) in the State House are offering nothing that cannot be achieved without their “help.”
Yes, really.Let’s see:
Housing protections that are only relevant to those rich enough to afford a house or apartment, since — contrary to outright lies by Inequality Maryland — hotels and motels are legally classified as “public accommodations” rather than housing.
Employment protections that are only relevant to selective hiring practices in middle and upper class jobs, since you can’t file suit unless you can afford a lawyer. Oh wait, without “public accommodations” coverage a retail store doesn’t even have to let trans people on the premises.
Credit protections that are only relevant to people who have a credit rating in the first place. And without “public accomodations” coverage, of course, trans people can be denied service at the bank to begin with.
oh yeah, and without “public accomodations”,
so you don’t want state-level employment protections then?i am astonished to hear you say that.
as for HUD, wouldn’t that only apply to housing receiving federal dollars, not to joe schmo renting the apartment next door? if i am right about that (pls correct me if i am) then the protections offered by the bill are just as vital as ever. but you don’t want them?
astonishing.
..…without “public accommodations” provisions, we don’t even have a leg to stand on if a doctor decides he doesn’t want to have trans patients.
So yeah, it really is a nothing bill as far as working class trans people are concerned. And in case you haven’t noticed, THAT’S MOST OF US.
One warning today already……this is the second and last warning. Knock off the broad brush, anti-LGBT painting of gays and lesbians.
wouldn’t someone also need a lawyer to fight a public accommodations infraction?Your opposing housing & employment protections on the grounds that someone would need a lawyer to make a complaint makes no sense to me, since the same would be true for someone making a complaint about a public accommodations infraction. So what you’re saying boils down to is that you don’t think trans people should have any legal protections at all because they would need a lawyer to pursue justice.
HUD handles all fair housing complaints…From the HUD website:
Does not specify that the housing has to be Section 8 or some other federal program.
http://portal.hud.gov/hudporta…
Oh I agree that PA are vital and need to be passedBut as for the rest, we’ll just have to agree to disagree. My view is that housing, credit and employment protections are important in addition to PA. It’s all needed. That the bill doesn’t provide all the protections at once is regrettable but it doesn’t mean that the protections it does provide are useless.
on this rare occasion..I find myself agreeing with Laurleen…
Being against any kind of protection strictly because of this myth that you have to retain counsel in order to file a complaint is without merit especially considering that you can go through both processes without an attorney. It’s a smoother ride if you do obtain counsel or other legal assistance but it definitely is possible without an attorney.
On Desiree’s comment about being “too rich”:
My previous job was in the public sector in an office environment without very minimal public access. We were the only tenant on the floor therefore the restrooms were in the exclusive use of the employer. Technically, in my specific case, employment protections without P/A would have still protected me in the workplace. While I earned a paycheck there, it was barely enough to rent the place I was living at. Therefore, you do not have to be “rich” to enjoy the benefits of 235.
Don’t get me wrong here everyonte. I am only making one case that there will be certain situations where people will benefit from 235.
However, there will continue to be loopholes where 235 will provide insufficent protections.
Where it comes to employment:
Workplaces where restrooms are in a shared-tenant public area.
Jobs that require employees to access public accommdoations in order to do their job (for example: someone who does copier repair in the field)
Route driving positions where public locations must be accessed to use the restroom as well as for other services (lunch on the road)
Jobs that require the employee to seek overnight accommodations in a hotel or motel.
Where it comes to housing:
Overnight emergency shelters.
Domestic violence shelters.
Shelters for short stays would not be covered under “housing”. However, long term housing projects, vouchers, etc. would be covered under “housing” in 235 and the FHA.
I still stand on the position that 235 is unsufficent to maintain a quality of life especially since the law selectively determines which types of employment are protected. The overall housing protections of 235 are sufficient for quality of life. Regardless, we must have public accommodations in order for employment rights to be full. I do worry that a public accommodations bill on its own will have a difficult time standing. If 235 is signed into law, we must jump into another “omnibus” trans bill which can include adding P/A, changes to birth certificates without surgery and other missing links that may exist in Maryland law.
I continue to remain opposed to 235, as written.
You’re missing the point.Housing, credit, and employment protections have little functional meaning without also covering PA. That’s WHY PA is included in real civil rights bills — including the one Maryland gays passed for themselves ten years ago and cut trans people out of.
I got your point. We just disagree is all.I think PA are vital protections, but I don’t agree that all the rest is useless without them.
Time to weigh inLook, the bill has SERIOUS, VERY SERIOUS inadequacies. I have come out against it as well. The larger issue I have with this inadequate bill is that the MD legislature will now wash its hands of trans issues. They figure were handled. There is no plan or provision to get public accomodations handled. There is ZERO possibility of getting this corrected in the forseeable future. That is my issue with passing half a bill.
I do think it is wrong to say that it has no value to anyone. Job and housing protections always have value. As we all know, however, discrimination is usually subtle and no legislation can fix discrimination. That is done through positive experiences with trans people on an individual basis over a general. You only have to look at POCs to see that.
I am more concerned that legislation typically represents a cultural shift. Conceding the issue of public accomodations says that “you gotta lets the freaks work and have a place to live but you don’t have to deal with them on a personal basis, if you don’t want.”
It doesn’t force people to deal with us on an interactive level.
Given that is now likely to pass and get signed into law, the only question is how you either fix it or move on to the next battle (i.e. Nevada, NY and MA). The rest is filler.
“the MD legislature will now wash its hands of trans issues”What evidence do you have of this? I think that it is a fair concern, but it is not a fair conclusion without some evidence to back it up.
The MD leg can only wash its hands of trans issues if trans people walk away and play the blame game instead of making personal commitments to see to it that “washing hands” is not possible. If you make it clear that there is a dedicated group of people who aren’t going away and who will help them take the next steps, then there is hope. Nobody gets legislative wins by simply being deserving of them. Nobody.
“What evidence do you have of this?”2001-2007
The Maryland legislature of 2001-2007 is not the same as today’s,so that argument is irrelevant.
Public accommodations don’t necessarily protect shared-tenant restroom access.There was a case in NYC about this recently, as I recall.
Not once in the history of transgender specific civil rights has a state enacted protections for public accommodations only, once a prior law was in place. TransMaryland’s position to not support for HB235 is based on the lack of basic human rights protections. An anti-discrimination bill needs to provide real and meaningful deterrents to the sort of real and meaningful discriminations the members of Maryland’s transgender community faces. 13 states and the District of Columbia offer such complete protections, protections which include public accommodations. Not once in the history of transgender specific civil rights has a state enacted protections for public accommodations only, once a prior law was in place.
Because of such a flawed approach and because the provisions were removed by professed allies to the transgender community, it is the stance of TransMaryland to not support our continued discrimination and we reject non transgender persons seeking to act on our behalf.
HB235 creates yet a further inequity in the State of Maryland by setting up Baltimore City and Montgomery County, 25% of the states population base, as the only public area where transgender Marylanders can enjoy complete freedom from oppression and discrimination. In the words of Glendora Hughes Maryland’s General Counsel at the Maryland Commission on Human Relations,
“Yes, Baltimore City and Montgomery County covers gender identity. So now we have an inequity in the State of Maryland. Based on your geography, where you live will determine whether you have protection against being discriminated against.”
HB 235 only perpetuates this inequity.
We continue to urge lawmakers to support Senator’s Rich Madaleno’s public statement on HB235:
“I have been the lead sponsor or lead cosponsor of the Gender Identity Antidiscrimination Act for the past four years. In advance of the 2011 Session, I had a bill drafted that is identical to the bill I had introduced previously. This draft prohibited discrimination based on gender identity in employment, housing, and public accommodations. However, our advocacy coalition asked me to not introduce the bill, preferring a strategy of pursuing a House bill alone. This approach has not diminished my commitment to enacting these much needed protections, and I urge the House of Delegates to pass HB 235, with an amendment that prohibits discrimination against transgender individuals regarding public accommodations.
Providing transgender individuals with basic protections against discrimination is long overdue. Although much of the media attention this legislative session has centered on marriage equality, we cannot let that debate overshadow efforts to enact these essential protections. Protection against discrimination, including gender identity discrimination, is a basic human right. Our state laws must reflect the values of equality and equal opportunity – values that are central to who we are as Americans.
Now is the time for Maryland to join thirteen other states, Washington, D.C., Montgomery County, and Baltimore City in protecting individuals from discrimination on the basis of gender identity. In 2007, Governor O’Malley signed an executive order adding protections against discrimination to our state personnel policies. We now must pass a statewide law that protects transgender individuals from discrimination when seeking employment, housing, and public accommodations.”
We support nothing less.
Jenna Fischetti
TransMaryland.org
The Maryland legislature of 2013 will not be the same as it is in 2011so your pathetic attempt at a comeback is even less than irrelevant
I am utterly shocked that no one is talking about the commercial leasing removal.So, a trans person or homosexual person goes to start a business, but can be discriminated against when attempting to secure a property from which to conduct business? WTF!
Is no one concerned about this? This is a direct attack on homosexual people as well as trns people, so why isn’t Gay, Inc. going fucking crazy about this?
View from the galleryI sat in the House gallery this afternoon, listening to the sewage passing out of the mouths of some of the fundamentalists of the right, and wondered, not for the first time, why I bother with all this. This is a part-time legislature, but even so, the quality of debate is at times so poor that I believe most Marylanders would be ashamed.
I got to see my name passed around on another sheet handed out by Ruth Jacobs of the shower nuts, even after her attempt to assassinate me politically failed. I got to hear trans women compared to Cpl. Klinger of MASH fame, associated with those dozen or so elementary school teachers who have undergone transition with no repercussions yet are obviously destroying the sexuality of their charges, listed along with pedophiles, kleptomaniacs, the mentally ill and assorted other criminals. And, of course, the bathrooms, because one delegate actually came across a trans woman using the men’s room in 1995 and decided he’d get a big laugh out of that story. The primary targets turned out to be French trans women, because we all know that the French have unisex bathrooms without doors, and this freaks out some of great American heroes of the right. Obviously, as we were reminded by another delegate, the French cannot win wars, nor can they, apparently, build appropriate bathrooms.
Then I come back to this terrific blog and find myself and others with my particular political bent labeled “oppressors” and “killers,” or continually derided as dupes and pawns and sock puppets. I would call it a fundamentalism of the left, except the left is far better than that. It’s the fundamentalism of extremists who refuse to engage in debate and dialogue, who expend all their energy in attacking rather than creating.
And then I reminded myself of some of the heroes from today, some of whom were completely unexpected. We’ve talked about how trans people should take the lead, but since there isn’t one in the Maryland Assembly, we have to depend on our allies. And today are allies were primarily cisgendered straight men and women. I wasn’t surprised when the bill’s co-sponsor, Ariana Kelly, spoke forcefully on its behalf. I wasn’t particularly surprised when Kirill Reznick, who had supported Basic Rights Montgomery in 2008, talked about how he minds his own business when he uses the bathroom.
But I was surprised when Rudy Cane spoke briefly about what he learned from MASH — that it takes a diverse group of people to get the job done, and that was the job before them today. And Shirley Nathan-Pulliam, who related how a trans woman, Sandy Rawls, volunteered on her campaign last year and brought five friends who were just terrific people who deserve the same human rights as anyone.
And finally, the real and undisputed champion of the trans community in Maryland, the bill’s sponsor, Delegate Joseline Pena-Melnyk, who sponsored this bill and defined what it means to sponsor legislation. Who was a real profile in courage, standing up as best she could against colleagues who were emasculated by fear, and working this bill, both this year and in 2009, to the very best of her ability. A Dominican mother of three, who did this because she felt a moral obligation to do so. No trans family members, just a moral obligation.
After more than half an hour of hate, she stood up and said, “We need this bill because of what you heard here today.” We need it precisely because of the ignorance and fear-mongering coming from the other side of this chamber, from people who simply assume that to be trans is to be a criminal. She didn’t want to speak, but the opening was there, and she nailed the dismount. The chamber was silent as she spoke, her moral authority resounding in that chamber.
And lesbian Delegate Maggie McIntosh also deserves a great deal of respect for challenging the bigots, and admitting that stripping gender identity out of the 2001 civil rights bill was wrong. Not an easy thing to do to admit fault publicly, but she did it, and she deserves our respect and gratitude.
Shortly thereafter the vote was posted on the scoreboard, a resounding 86-52, providing the first time a trans bill of any sort has ever been passed by a chamber in Maryland, and giving it momentum in the Senate JPR committee it has never had before.
Unless someone dies or leaves to take a lobbying job,it will, indeed, be the same.
Commercial Leasing ActivitiesMost state anti-discrimination laws do not regulate commercial activity. One school of thought is that commercial activity is profit-driven, so the market should take care of a discriminatory bias (i.e., the commercial landlord wants to make as much money as possible). So, the need for that kind of protection isn’t as compelling as those activities that intrude on personal aspects of one’s life (where they work, where they live). I personally do not care about anti-discrimination protections vis-a-vis commercial activity.
Incidentally, the federal Equal Credit Opportunity Act does prohibit discrimination in business credit applications, but, to my knowlegde, no national gay group or trans group has pushed to amend the ECOA to make sexual orientation or gender identity a prohibited basis on which to discriminate. See http://www.ftc.gov/bcp/edu/pub… for information on the ECOA.
Finally, some have said that the employment protections under Maryland law do not matter, because employment in Maryland is “at will.” Anti-discrimination laws abrogate traditional concepts of at will employment. Basically, you can fire anyone in Maryland for a bad reason or a good reason, but not an unlawful reason. As for “proof,” that’s an evidentiary burden in any employment discrimination case – not inherent to sexual orientation and gender identity. Many employment discrimination cases are won on inferential or circumstantial evidence (that is, plaintiffs can win even if the employer doesn’t say “I am firing you because you are [insert protected class]“).
California, 2003-4III. Employment and Housing (TLC has a brochure for each area)
A. State of the law
• California
FEHA explicitly protects transgender people due to the passage of Gender Nondiscrimination Bill of 2003. (Attachment LEvolutions in State and Federal Employment Law Regarding California Transgender Employees)IV. Public Accommodation
A. State of the law
• California – Explicit protection under the Unruh Act (California Civil Code sec 1801 et seq,as clarified by AB 1400, the Civil Rights Act of 2004). (Attachment M – Decision of the CA Fair Employment and Housing Commission on public accommodation discrimination against woman in Central California.)
http://www.ncdsv.org/images/ca…
In a word? Yeah.Laurel,
Maryland is an At Will Employment State. An employer can fire you for any reason without recourse except for protected classes. So you’re transgender? They can simply cite another reason, like lack of work. This is what happened to me in July 2004 when a coworker found out I was transgender on a Saturday and proceeded to tell everyone at the BMW dealership I was employed at. By Wednesday was a fired. The reason, lack of work. Because of the nature of the automotive industry and the “good ole boys network” I have been unable to regain employment in that industry.
My current job I have faced discrimination by my management team over my transition. Within 90 days of being hired, I was elevated to a supervisor position on 3 separate occasions over the subsequent 11 months. Then came my transition and statements like ” as goes your genitalia goes your restroom use” and no further advancements, in fact I was demotion and my hours have bee drastically cut. When contacting my local GLBT Equality organization for simple input on where to turn to for direction, my email was met with silence. YES, Morgan Menese-Sheets, Executive Director of Equality Maryland refuse to even acknowledge an inquiry from a member of the transgender community by forwarding it to an underling to be addressed. Such an ally.
I’ve held a real estate license in the State of Maryland on two separate occasions. Not a simple task to achieve, I had to take a 60 hour course and pass three exams, including a state exam on real estate law. The second time I went through the course and exam process, Maryland had enacted the 2001 anti-discrimination on sexual orientation. I am exceptionally familiar with the liability and risk reduction procedures Real Estate Broker set in place to avoid lawsuits. Because of which, on a licensed level, real discrimination is non existent. It may happen with a private individual renting a room, but they are excluded from the law. This continues with my work in my family’ property management company overseeing the management of 60+ residential properties.
My 12+ years as a Finance Manager at several large automotive dealerships had me personally processing in excess of 7000 contracts for sale or lease completely through application to funding. I have written several thousand more which never received finance approval or funding. In all such cases, not once, never in my vast and shall I state unparalleled by any poster to this forum, experience, has one single incident arouse over anyones gender identity. It just doesn’t come up. The regulations and risks for liability cause institutions for lending to take excessive precautions to be as non-discriminatory as possible.
But public accommodations touch the absolute everyday lives of every people, especially transgender people in Maryland.
Imagine you day yesterday. Remove the time you spent under your own roof and while at work. The rst is the realm of public accommodations. Your childs school play or soccer game. Its the trip to the grocery store, the gas station or the emergency room. Public accommodations and the dangers faced in the transgender community occupied 12 entire pages in NTCE and NGLTF’s survey, Injustice at Every Turn. The very first reccommendation of this report in respect to public accommodations was as follows :
The very first one.
Rosa Parks refusal to sit in the back of the bus was a public accommodation issue. Dewey’s Lunch Counter in Philadelphia was a public accommodation issue. Drinking fountains and Baltimore’s own Sharp Street (home to EQMD) and the Riverside Pool riots of 1962 are public accommodation issue.
In context and based on need, yeah, they are nothing….
Reread the statement…Transgender specific.
California included several classes and included gender identity by redefining sex…..
Oh no.. What evidence do you have of this?
NY, NH, RI, NV, MA etc etc etc – Do we need more?
“…trans people walk away and play the blame game instead of making personal commitments…”
Why are you so opposed to trans people placing blame where it so clearly needs to be applied? You’ve done this a few times now regarding MD. I think we’ve given individual LGB people as well as groups AMPLE leeway and opportunities to learn and not pull the same crap over and over – the fact that it only happens roughly 50% of the time still makes it travesty.
It is beyond time that we name the names and state the facts. It is time to have the LGB account for the history and then we can see about moving forward. Or is that simple request for simple honesty to great an expectation to place on the LGB?
Rio, my point is not that there shouldn’t be accountability and transparency,as there clearly should be, but too many people are trying to debate what happened in 2001 as if it has any practical impact on March 26, 2011. There will be plenty of time to discuss these issues, just as the Maryland community should have serious conversations on what actually happened during the marriage campaign. We cannot move forward without acknowledging the reality.
There is a basic issue at work here. Too many of us, and I include myself, have worked from the assumption that once we became part of the LGBT community we would have allies fighting as strongly for us as for themselves. That has clearly not happened. It is just the way it is, people expending the most energy, risking the most political capital, when their lives are at stake. It’s the foundation of every good election campaign, which are fought on the ground of the needs of one’s neighbors, not some academic ideology.
To harp on this today, when we can make progress, however inadequate, is wrong for me. I won’t do it. And while I believe people need to be held accountable, one must also realize that times change, people change, showing up makes a huge difference, and the more you show up the bigger the difference you can make. Delegate McIntosh expressed her regret for the stripping of GI&E from the 2001 bill today, in public, before her colleagues and the world. That’s a pretty big deal. Delegate Vallario, the guy who did the actual stripping in 1999, voted for the bill today. It’s why I persevere, even when I get tired and worn out and fed up with all of the process.
Laura Hart has said it best. It’s not that the LG community is transphobic, though a few clearly are. More are politically transphobic, just as many Democrats nationally are politically homophobic. It’s that too many are dismissive, or apathetic. We have to change that, by putting ourselves out, and into uncomfortable spots, to create change. It’s not easy, takes time, energy and money. But we cannot expect to sit back and have others do it for us, just because it’s right. If we only lived in such a world.
I want state level protections with teeth, not House Bull 234No. It would not apply only to those units receiving federal money.
From the HUD FAQ
More info: http://portal.hud.gov/hudporta…
State level employment protections are not meaningful given the status of workers rights (or lack of them) in Maryland. They are useful for those minorities that can show a pattern of discrimination at a particular company. But our numbers are too small to do that.
Given the very small impact this bill will have in providing rights of any kind it is better for it to fail.
That’s an ask that has been made and will continue to be made. You should make it, and get your friends to ask EqMD to do it. It won’t be an easy campaign, so a lot of thought will have to go into it. It also doesn’t have to be EqMD’s job — there are a lot of qualified, passionate trans persons in Maryland who should take the lead.
Also, a victory on 235 will give momentum to getting it done, and will make legislators recognize that there is a community out there demanding justice to whom they must listen. With Autumn Sandeen planning on moving to Maryland later this year, I would expect GetEqual to become involved, so we can deal with the bathroom bill issue head-on.
I just ask that you shouldn’t expect anyone else to get the job done; offer yourself up to help. And I am not speaking to you personally, but to everyone who wants to see full civil rights without delay or excuses.
this
This is how it’s done. Stepping forward, doing the work and thereby replacing a stereotype with a human being in another person’s eyes. I know that Sandy has said she opposes this bill, but she has clearly made great strides in a very important way with Del. Nathan-Pulliam that will outlast any particular bill because she has humanized trans people for that Delegate and probably many others.
No ally can do this. This is something only trans people can do for themselves. I hope more trans people will take a page out of Sandy’s book and present themselves front and center.
DanaI agree with the majority of this. I mean I was vocal in 2007 defending trans inclusion in the LGB – I was HUGE on unity.
I ask, what progress are we making? When trans-specific legislation was being won in the 50′s before the LGB was even seriously united, much less politically active. We were doing it on our own in a way more conservative climate than we have now. Those gains stopped in the early 70′s coinciding with Stonewall.
Now, we can’t rewind time, but was can look back and assess the past and apply what we see to the future. To answer my own question – the progress we are seeing is progress that directly benefits the GLB – if it happens to benefit trans people that’s just a bonus. I don’t expect the LGB to fight for trans-only stuff (except in the places where they omitted us), I also don’t think we should be expected to fight for GLb-only stuff (but we are).
I’ll say it again, the people that trans women need to spend the most time educating seems to be gay men. This is also the group where we get the least return on our investment. It is a business model that will fail eventually, ask any first year business student.
All I’m asking for is honesty from the LGB. That’s it. That’s all they need to provide, but that simple request appears to be to great a sacrifice.
A questionIf something is considered impossible this year as part of a larger and more defensable bill, why would anyone think it will pass on its own anytime in the forseeable future?
“The LGB”Nobody speaks for “the LGB”. There is no LGB authority or President of the LGB that can speak on all our behalf and give you what you’re asking for. LGB individuals can only speak for themselves. What if I asked for honesty from the Trans on some issue. Do you think I could get one answer that fairly represents all trans people? Of course not. I think you need to figure out which individuals you want to be at peace with and try to talk to them.
I think I’ve been specificAs to who needs to do what… in case I haven’t – LGB historians who are perpetuating the lies that Hijra, Waria, Gallae, Herodules, etc etc etc are in some way examples of gays in history (and all the other trans people de-transed to fit the needs of LGB primacy). Revisit the gay history books and tell the truth.
The folks who brought us marriage in NH at the expense of basic protections for trans people. Do we even know who was running the group that did that? Where are they now?
John Aravosis and his blogging buddies.
The LGB leaders in MA who can’t be bothered to even support hate crimes legislation for trans people – but who are all freaked out because the St. Patrick’s Day parade won’t let them march.
Good old Barney whose “penis in the shower” fear has taken on a life of its own.
NCLR who, while doing good work on trans issues employs Liz Seaton (of FSJ fame) but no trans women.
shall I go on?
Barring that, a simple honest admission that the LGB has a history of screwing over trans people. Acknowledgment that it happens, that it is malicious, that it is sometimes calculated. The admission that a trans woman had to spell out (again) all these issues because an LGB person can’t be bothered to.
Laurel is correctFrom whom do you want an apology? HRC? Or Joe Solmonese? Or maybe David Smith? Or Elizabeth Birch? We can go all the way back to Vic Basile if you like. Today Maggie McIntosh took her share of responsibility for 2001 — an individual, and a powerful one, not an organization.
Each organization is different, and different from time to time because of board composition and leadership.
What did we win the 50′s? Our great advances in the last decade were under the most regressive regime in American history. Today we’re making progress in the courts, which was not very common in the last century.
I will be the first to admit that we have real problems with some gay men, and even gay elected officials. I find it harder to explain trans issues to gay men than to straight men, because they’ve been looking at sexuality through different lenses their entire lives.
My suggestion is to engage those gay men who don’t get it, and help them understand. You don’t have to fight for gay legislation if you don’t want, but we can use all the allies we can get. But, most importantly here in Maryland, the newly energized trans community should channel itself into working to get PA passed next year.
Very fair question.History doesn’t stand still. We need to spend a year, maybe two, working hard to educate people.
The transgender community will work on this after HB235 is defeated. We need to make sure that all of the leaders of the community get on board.
I personally believe that EQMD has outlived their usefulness for us and that we need to do this advocacy on our own. We need to do that in churches and community groups, not just in the State House.
And that is what we have been planning.
Because we know nothing was done to help Joseline in HGO.Had EqMD and the gay caucus aggressively lobbied the fearful Democrats on HGO, this might not have happened. We can’t know what may have worked, because nothing was tried. Joseline, who we all know gave 110%, couldn’t do it alone.
We need a strategy to work those folks before the next session, we need sponsors willing to lead, and we need the gay caucus to be willing to be educated and willing to risk political capital to get PA done. They have those protections and we deserve them, too.
We also need a plan to effectively deal with bathrooms and showers and kindergarten teachers. We neutralized the teacher attack today, and deflected the employment bathroom thrust. We may have discovered some folks today who would be willing to speak on these issues next year and lobby their colleagues. That is how you make progress, whatever the issue.
Again, you say “the LGB” as if there is a cohesive entityAs for this
If you’re asking me for a response I can’t give you one for the following reasons:
* You cite “the LGB”. No such entity exists in a cohesive, decision-making sense.
* Regarding malicious and calculated, all I could say is I’ve never been privy to malicious and calculated anti-trans activity and therefore can’t deny or verify it happening.
* I didn’t ask you to spell it out for me, I asked you to spell it out for yourself and then seek out resolution with the individuals you feel hurt by.
InterestingNo such entity exists in a cohesive, decision-making sense.
- Unless people want to talk about “Gay Inc.” and complain about how exclusive it is. It’s no secret that people from state-level groups get picked up by national groups and then move on to other groups. One of the biggest complaints from grassroots activists is how insular the movement has become.
I’ve never been privy to malicious and calculated anti-trans activity
- You weren’t around when NH passed their marriage law?
If you don’t want to look at history and you don’t want to/ can’t even honestly acknowledge that there are some seriously messed up events that have yet to be discussed, much less resolved, I don’t know what to say.
What did we win in the 50′s – 70′s?When did trans people start to get the ability to change birth records? When did that stop? To many trans people, that’s really all they needed to get on with their lives. More protections to cover transitioning people would likely have happened as movements naturally evolve (I’m assuming).. all going on in some of the most conservative states in a time when “Leave it to Beaver” was running on the television.
I also not asking for an apology. I’m asking for honesty. Honesty from the movement, rather than excuses abd defensiveness (I should clarify, I don’t think you are doing either here).
“My suggestion is to engage those gay men who don’t get it, and help them understand. ”
Spend time and energy explaining to a group who you admit is the hardest to educate, rather than spending the time and energy on the group who is easier to educate, holds more social and political power (as a group), and likely has a vested interest in making sure that trans people are treated fairly?? Does that sound like a winning proposal?
I think collectively I we have been fighting for gay legislation (I know I have and I’m sure you and every trans woman likely to post here has) for years. Years! Why is it so difficult to get these same groups and individuals to return the favor?
So by “the LGB” you really mean “Gay Inc”?If that is that case then
a) you need to stop saying “the LGB” and say “Gay Inc” because “the LGB” implies all LGB people. ”Gay Inc”, whatever it is, does not speak for all LGB people. At the most it can claim to speak for the LGBT and ally individuals who fund it with their donations and volunteer time.
b) you still need to figure out who the individuals in “Gay Inc” are that you want to work things out with so that you can direct your complaints to them.
I was alive when marriage passed in NH, yes, but I was not at all involved in the politics of the state and so have no way to confirm or deny your suspicions. I’ve heard some people say that the anti-discrimination bill was traded away for the marriage bill. It’s all hearsay (unless you have real evidence to provide?), so all I can tell you is that I believe anything is possible in politics. If it really happened it is shameful and the people responsible have a lot to answer for, and people with true personal knowledge of what happened would need to take them to task. I am not one of those people, nor do I have the slightest influence with or personal knowledge of anyone in NH who could have been involved.
Par-don eh Mwah!The Maryland legislature of 2015 will not be the same as it is in 2011.
Anyone who honestly believes that this same batch of legislators – however long that they may be in office together (be it till Jan. 2013, 2014, 2015 or 3015) – will revisit this issue at all, much less successfully dealing with only ‘the bathroom bill’ (which is what it will be branded), is [ self-CENSORED ]. No legislature has succeeded in going back and adding trans to a gay-only law within four years; only California did it in slighly more than four.
NH specificallyThat’s part of the issue, nobody is talking about it. Questions asked at the time have not been answered. Now that isn’t a challenge to you, personally, it’s an observation.
Take that example and press outward – what happened with ENDA this last sessions? nobody is talking.
There seems to be a collective wall of silence surrounding some of the most apparently shady dealings of GLBT state-level groups. This is the pool that national organizations use to recruit.
So, chucking trans people out of legislation to get votes to pass gay-only legislation has the appearance, at least, of being a useful tactic with no admonishment from within the movement and apparently no negative consequences socially, economically, or politically for those involved.
I also don’t mean Gay Inc, although they are handy. I’m talking about Israel Luna, the MWMF, Michelangelo Signorelli (sp?) Aravosis, Bitch of Bitch and Animal – examples of individuals who have said or done some pretty harmful things regarding trans people while at the same time receiving protection and excuses by the larger community.
While I’m certainly not holding you (or any other cis LGB person) accountable for the actions of other individuals – I am asking for an acknowledgment that there are justified reasons for me, as a trans woman, to not trust the motivations of LGB individuals or groups. Simple honesty is all I’m after not excuses or justifications, simple honesty. Is that to difficult?
Because we limited ourselves to lobbying.My argument would be we haven’t made legislators more politically afraid of transgender people and allies than they are of those on the religious right.
If trans community takes the position that we will do whatever it takes within the limitations of non-violence, we can push legislators and citizens to act outside of their current comfort zones.
We need lobbying. We need direct action. We need people working an inside strategy. We need people working an outside strategy. We need people to consistantly do all of this until we achieve full ordinary equality.
Some very prominent Gay Activists think we shouldn’t be able to change documentationHere’s Gay “Trans supporter” Israel Luna on the subject. Probably the most “educated in trans issues” gay male there is, after the TOTWK fiasco.
Listen to his and his guests’ opinions. That we’re “Crazy” to ask for what we actually gained as far back as 1955, a right recognised by 47 states, “asking too much”. It’s “ridiculous”.
They don’t consider the long-standing case of Adopted children having their BCs changed. Why should they? They’re not Adopted. They wouldn’t agree with that, either.
More than enough. It’s not that we don’t speak loud enough, it’s that they won’t hear.
Just because it hasn’t happened……doesn’t mean we’ve tried everything to make it happen.
We have to empower ourselves to move society and legislators. And, it’ll take sacrifice, and it’ll take hard work.
To quote Cesar Chavez:
And…
When it comes to legislative victories, we can be as powerful as we empower ourselves to be. We can make asks; we can make demands. We can change the world if we don’t give up before we start.
My Mantra!Educate, Advocate, Demonstrate, Legislate, Litigate!
Education and advocacy can be incorporated into the “outside” and “inside” strategies.
Demonstrate – represents the outside strategies – the publicity from demonstrations, marches, guerrilla theater, action strategies, etc. can be channeled so tht education takes place – first you get media attention, and then use it to educate and advocate.
Legislate and litigate represent the two “inside” strategies – both are necessary – and when one avenue is closed, the other sometimes opens up.
At the center of my faith in non-violent resistance to oppression, is the inspiration of centuries over the relationship between love, power and justice. Theologian Paul Tillich wrote the book on it, and Dr. Martin Luther King, Jr. lived it in his work.
My version of the principle is this:
Power without love is tyranny; love without power is sentiment; but Power wielded with love leads to justice.
When we speak truth to power, and we inspire that power to love, we will find justice.
We cannot acquiesce in injustice, we cannot engage in passive acceptance.
It is so hard to resist hating the oppressors – and I often vent my spleen at them, using the same sort of verbal tactics that they use against us. And then I have to look at myself and try to remember that the most important thing is to remember that loving the oppressor is not the same as accepting the oppression.
Yes, this sounds a lot like “hate the sin but love the sinner.” But it is neither sanctimonious nor hypocritical.
If we lower ourselves to the means and tactics of the oppressor, then we all lose.
Zoe, who is this guy?Does anyone take him seriously? Really? He’s not a player in any legislative battle of which I’ve heard.
There are gay men listed here who’ve changed, who’ve been educated by coming into contact with trans women over the years. John Aravosis is one, Barney Frank another. Is it worth the effort? I think so. Should education be directed primarily at the gay community, rather than the straight community? No, not at all, because most legislators are not gay, and we need to go where the money is.
That being said, it would be nice if the LGBT community acted like a united community, which it often fails to do. I don’t hesitate to say so publicly, and I wish the gay leaders who recognize this would speak out as well and influence their friends with whom they have more influence than I do. I was booted off the HRC board for speaking my mind. Given that Joe has not made a trans focused speech since ENDA 2007 I think my speaking out was very appropriate, but apparently others didn’t think so. So be it.
While I am appalled that they are doing this without including “public accommodations”..…there is only so much I can do. I’d much rather see the bill with public accommodations included, but there comes a point where I would take a half a loaf without pushing for it. I’ll put it this way – the bill is inadequate, but there are some things it will improve.
In the meantime, when I pass through Maryland on I-95 and need to stop at a rest area to use a restroom (something I did twice in the past few weeks, once driving toward Florida, and then on the drive back), I always think about that poor visibly-trans woman who was stopped by a MAryland state trooper and prevented from using the ladies’ restroom at one of the service areas. When she turnes, reluctantly, to use the men;s room, the trooper told her she could not use that bathroom either.
Leaving public accommodations out is worse than “separate but equal,” it will leave some trans folk reduced to urinating in a cup in an office closet.
During segregation times, singer Dorothy Dandridge, when entertaining in a “whites only” establishment, was often reduced to urinating in a cup. A few years ago in New York City, Helena Stone, a telephone repair technician at GRand Central Terminal, was also reduced to having to urinate in a cup. She was harrassed and arrested by MTA police when she tried to use the proper restroom. But New York City’s non-discrimination law was invoked, and the MTA backed down. Without public accommodations protection, Helena Stone would still be peeing in a cup.
When all is said and done, the visibly-trans people in Maryland will still suffer after this bill is passed.
When I pass through Maryland, no one bothers me when I use a public restroom. In twelve years, I have only been subjected to an undignified challenge from a law enforcement official once (in Albany New York, just outside the Assembly chamber, on the day thet New York;s GENDA was passed in that chamber for the second time) – and got an immediate apology when I produced my driver’s license. (That incident was a “set-up,” as the two women who were hanging around talking in the lounge anteroom to the bathroom were almost surely planted there by Republican operatives to create an incident – lucky for everyone that they picked on one of us with my driver’s license in order.)
Still, with the overwhelming passage of the flawed bill in the House of Delegates, it’s hard for me to not soften my opposition to a call for a follow-up bill to immediately correct the flaws.
My fear is how long it might actually take. In New York, in 2002, the trans community worked hard to try desperately to get the SONDA bill amended. A floor amendment ws offered in the NEw York Senate, which failed. The following year, we had GENDA introduced. Before 2002, the Empire State Pride Agenda was against trans-inclusion in SONDA. In retrospect, had trans-inclusion been a feature of that bill when introduced, it is likely to have passed. In 2012, it will have been 10 years – and from what I understand, the “genral rule” is that it takes ten years for a state that passes “gay only” human rights legislation for that state to get trans-inclusion passed. I really want to beat that in New York.
Would I acccept a flawed bill in New York? No, I would not. More than half the state’s population (but not area) already has protection, at least at or near home, via local laws. I don’t know how things stand in Maryland in terms of local ordinances.
It would be my fervent hope that once this terribly flawed bill becomes law, that the Maryland legislature immediately start work on repairing the flaws.
TransMarylandI’d love to see TransMaryland, which has some very talented members, hire a lobbyist and get to work on April 12th to get the PA bill passed next year. No reason it shouldn’t. As I said, it’s easy yet hard. Expensive, too, but that’s the way of this world.
Then the trans community can take full responsibility for its passage, or struggle for as many years as it takes to get it done. Hopefully the gay community will join in, but pride of ownership goes a long way and I would bet we’d have mainstream LGBT groups wanting to join in.
I agree“I wish the gay leaders who recognize this would speak out as well and influence their friends with whom they have more influence than I do.”
Completely agree – that is what I have been asking for, an honest accounting by gay leaders and individuals and to have them speak out about past and current issues within the community. To use their voices to name the names and speak the truth so we can finally get past it all I hope.
Here, I think, is where we differ. I have no reason to expect that this will ever happen – it isn’t in the best interests of the gay leadership to do so at this point and there is a very real expectation that we should simply forgive and forget IMO. We need to make it very clear that we have the option to leave and we can exercise that option and that if we do we will take our stuff (history, compelling stories to get legislation passed, statistics, all of it).
As far as Aravosis – I think that’s a perfect example. You say he has been educated. I haven’t really seen this (then again I don’t follow his site regularly) and I definitely haven’t heard him talk about trans inclusion or make any statements counter to the ones he made in 2007. So, here is a person that you say has changed – a person with a huge amount of influence and a large following who did quite a bit of damage to the movement (or did quite a bit of good by airing some anti-trans sentiments). He could do an equal amount of good, but isn’t – because he doesn’t have to, there is no motivation to do so, there are no consequences aside from some isolated quarters where trans people grumble amongst themselves.
It is time for people who say they are our allies who are LGB to hold their peers feet to the fire. That’s what allies do – they work within their communities even when it isn’t comfortable to do so.
“the MD legislature will now wash its hands of trans issues” You are seriously kidding yourself. I, at least, concede value to the bill and recognize we have to live with it regardless of its massive flaws. Your complete support of the bill is evident, but this is over and done for the forseeable future. Look at the energy it took to get a half assed bill. You really think you will overcome the insanity that just went on to pass toilet only legislation? Pray for the courts to rule on a redefinition of sex for all laws.
Rio, I work to build relationships, whereverI can find them. I’m not deluding myself that any particular individual or organization will have a change of heart, but I do know many people who have become and are becoming allies. It’s just that they’re not visible.
I know John so I can say he’s been educating himself, and his co-blogger, Joe Sudbay, as well. The same holds for Andrew Sullivan, who acknowledged he knew nothing of trans issues until we had a long meal a few years ago. The hostility and dismissiveness on his blog stopped immediately thereafter.
I guess it really depends on how one reads the concept of “LGBT community.” For those who take that very seriously, and believe it not only means something but demands solidarity, then they are justifiably upset and can hold their peers feet to the fire. It just needs to be done one-on-one, civilly, and not with hatred spewed on blogs or events crashed and microphones hijacked.
For those who recognize that the T is a very small portion publicly of the LGb, and have much lower expectations, then they aren’t quite as upset, realize this is a very long-term work-in-progress, and continue working on behalf of civil rights for all, building community and working independently as much as possible.
For everyone on this blog and others who is incensed, the answer is to build trans organizations in your communities and come to the battle as equals with the local LGb organization. The same holds true on the national level, where we certainly don’t have the funds to create such an organization. Still, you can see there is plenty to do, for those willing to do the work.
Commercial Real Estate & At-Will EmploymentI am well aware of what “at-will” means, Cathy. I think that perhaps if you take a look around, you will find that my knowledge of legal matters pertaining to discrimination is fairly sound, particularly on the subject of Maryland’s anti-discrimination laws.
Practically every state in the US is an “at-will” state. This does not seem to be much of a problem for passing anti-discrimination employment laws. People understand that despite “at-will”, there have to be protections.
Whether or not you care about the removal of anti-discrimination protections for the leasing of commercial property or not is entirely irrelevant. There are plenty, I am certain, in the LGBT community who do. Just as an example, I am imagining any number of Maryland-based creative services firms that are LGBT-owned who suddenly find themselves facing the tacit approval of the MD House of discrimination against them the next time they look to lease new office space. Having a lot of exposure in my professional career to these types of firms, I happen to know that a good portion of them are LGBT-owned, that they are very successful at their business, and that they tend to have lots of available discretionary income to donate to LGBT organizations.
Funny how we don’t seem to have any problems protecting the people of New Jersey against these discriminatory practices, despite NJ being like most other states, an “at-will” employment state. The New Jersey Law Against Discrimination covers all real estate activity, among many other categories.
Sounds like you’ve given up already. That is unfortunate.As for “Your complete support of the bill is evident”, don’t misunderstand me. I’ve said over and over that this is a flawed bill. But more trans people have actively supported it than not and it will provide some important protections, so who am I to oppose it?
In my first diary on this bill I talked about the bitterness of living with incrementalism. I know it first-hand. But while incrementalism is bitter, it can also be a brilliant legislative strategy when you’re working with a legislature and/or public that’s not there yet. The debates and successful votes to date on the current bill will have already helped normalize the subject of trans rights for some squeamish Delegates. The importance of this cannot be underestimated. This is NOT an easy issue for some legislators or their constituents, despite it being very clear to us.
Instead of giving up before you start by insisting that a PA-only bill can never pass, why not create a winning frame and vow to be the first state in the country to pass a PA-only law? If you begin by expecting to lose, you will. Nobody works hard for a loser.
Let’s not give up yet.The bill, after all, still has to pass the Senate, so there’s still a chance to stop it. Not that I think this is a likely prospect, but…
In any case, I hope that people understand that being against this bill doesn’t necessarily equate to being against making any headway at all. In many cases, we oppose this bill because desipte seeming as if it provides protections that currently do not exist, there may be unintended consequences from this bill that may result in the lives of LGBT people (this bill does not only affect trans people in its amended form) becoming measurably worse under this law than under the current law.
I do agree, though, that assuming the bill passes as it stands, we should not automatically dismiss out of hand the possibility of a public accommodations bill passing in the future, whether near or far. We should also not automatically assume that MD passing this bill will necessarily make it harder for other states. It may, in fact, galvanize support of public accommodations inclusion out of sheer outrage at what’s going on in Maryland, especially once the ramifications of this bill as it stands begin to come to light post-passage.
I am sure, though, that many supporters of this bill believe that the consequences of the passage of this bill will not be significant, and to a certain extent, they may be correct, but to suggest that the problems this bill will cause will not be widespread enough to warrant sufficient concern is misleading. If even one person suffers under this law from discrimination that could have been prevented, then in my opinion, that is one person too many.
“I hope that people understand that being against this bill doesn’t necessarily equate to being against making any headway at all.”This is only my personal observation, but what I hear from people opposing the bill is that they oppose it because it doesn’t accomplish enough and/or it may have unintended negative consequences. I don’t hear anyone opposing the bill because they don’t want to make headway.
Although there has been a lot of disagreement within the trans community about this bill, rest assured that one universal message comes through loud and clear to non-trans people like me who are listening: the trans community demands that real and timely progress be made on civil rights protections for trans people.
I think you may be right that the deficiencies in this bill have caused enough outrage to get previously uninvolved trans people motivated to step up to the challenging work ahead and take some control. I hope that in a few years we can look back and see that the MD trans community was able to set a new standard for elbow grease and self-agency.
Employers tend to be more savvy than lawyers with “at-will.”“At will” per se is not the issue. What is at issue is how easy it is to fire someone without cause even if there is an underlying discriminatory practice. Lawyers are notoriously stupid when it comes to such things because they don’t get involved until an action takes place. In most instances the employee’s case doesn’t have the teeth it takes to make a case, much less interest a lawyer.
As an employer for over thirty years in Maryland I know quite well how to dismiss an employee causing the least risk to my company. In larger companies we even receive training not only on how to terminate an employee but also on how to prevent them from receiving unemployment benefits.
It is naïve to think that “inferential or circumstantial evidence” is going to prevail against an employer adept at this dance.
Correct me if I’m wrong
“It’s just that they’re not visible.”
Yet in Aravosis’ and Sullivan’s case their hostility to trans people was very visible. It was also very damaging in real political and social ways. We aren’t talking about hurt feelings here or a spat between friends. We are talking about real measurable damage.
“For those who take that very seriously, and believe it not only means something but demands solidarity, then they are justifiably upset and can hold their peers feet to the fire.”
Considering how few of their “peers” (not trans people in the movement) have even mentioned their comments (and the comments of others) much less held feet to the fire, one can conclude that solidarity and meaning are lost in that portion of the community.
It really seems like you want to just let stuff slide, have private conversations, and then pat folks on the head and pretend nothing happened. Why? is it to much to ask that these specific LGB people and groups be held to the same standards they hold members of the larger dominant population?
It seems sad to me that people would have such low expectations of political and social allies.
Devoid of strategy, a demand is a lonely action, consequently, as we have seen with our “advocacy coalition” a strategy without a demand is hollow.Autumn, you know as well as any direct action along with legislative and public education is necessary to change improperly formed opinions concerning gender identity.
EQMD had no strategy to include public accommodation either today nor in the future. Their promise was hollow.
You stated that public accommodations was removed in November,
yet former, although concurrent to that timeline, seated member of the Board at EQMD, Laura Hart states she was not informed at their December meeting.
Senator Madaleno’s own public statement on HB 235, the statement you broke here on PHB, states
Our Advocacy Coalition. Which members of the transgender community were part of that coalition. No, wait, don’t bother. This just in, NONE.
GetEqual are in fact big direct action people and seeking a Maryland chapter, however TransMaryland is only interested building a diverse body of members of our community resolved to bringing full equality to the transgender community of Maryland.
At my request, Morgan Menese-Sheets spoke to the largest monthly gathering of transgender Marylanders last March. There she spoke that organizations with a singleness of purpose effected their own demise through successes. Hence, an organization must serve multiple and long term interest so it can remain in existence for future fights.
We at TransMaryland disagree with this. Like citizen soldiers or citizen legislators, we are called into action when action is needed. Our purpose is not to perpetuate our existence through legislating incremental genocide of the transgender community, but to fix a wrong with a right. As long as that takes.
EQMD pursued a hollow strategy, and has subsequently and continuously changed the narrative on this flawed logic to serve it’s interest.
The latest trial balloon being floated is by further perpetuating this inequity in the state, they will work at the county level to create change equal to Montgomery County and Baltimore City. That if a sufficient number of jurisdictions can come onboard with this, they can then seek a redress at the state level.
So we were told there were no resources to fight for public accommodations at the state level and its inevitable referendum, but the resources will be there to battle multiple jurisdictions over several years.
Please understand when we are told they will continue the fight, we demand they stop. Stop the madness and the lack of cogent profferings.
Engaging the transgender community last April when their transgender “field organizer” was hired would have gone a long way to have avoided their very public meltdown.
Bianca, I don’t think condemning people in publicleads to positive change. Calling attention, yes, when necessary, but hostility leads to no good.
Aravosis and Sullivan did cause real damage, but they’ve been educated and continue to be educated. What more do you want from them, a public apology? I know that some do, but I also know enough about people that you won’t get it if you explicitly demand it.
On the contrary, yesterday Delegate McIntosh apologized for playing a role in stripping gender identity from the 2001 MD anti-discrimination bill. That was the result of the cultivation of relationships over many years, including by some in the blogosphere who have been routinely trashed by Kelli Anne and Katrina. She was asked to speak out publicly for the bill, if needed, and she not only did that, she apologized. A remarkable profile in political courage.
So, no, I don’t let stuff slide, I work at this. Believe me, I have personal issues with some elected officials that I will not let slide, but there is a time and a place.
againis it to much to ask that these specific LGB people and groups be held to the same standards they hold members of the larger dominant population?
Hold them to your standards. Please.Just do it civilly and in the appropriate forums.
That’s a dodge Dana
and that’s fine. Because we both know the answer is that they couldn’t handle being held to the standards they set for straight people or closeted Republicans who work against “us” (and that’s what they have done, except worse).
You maintain the relationships Dana. They are important. I’m probably going to move into the world of “supportive straight” rather than “LGBT community member” – and that is a real shame.
That’s great!Great, Gemma! So then you know the at will argument is a silly one, because if we accept it, then no anti-discrimination law is of any benefit. And I’ve never heard of you, so I apolgize for that. I’m sure in time if you make logical sense, I’ll respect that. Of course, you asked why “Gay Inc.” doesn’t care about commercial leasing – and when I gave an argument why (i.e., capitalism takes care of it) and also posited my personal belief, you dismissed what I had to say, so I don’t have high hopes.
Maryland is not New Jersey is not Indiana is not Iowa. I wouldn’t presume to be arrogant enough to say what the politics are in another state. I can only speak to Maryland, which, to my ex-pat New Yorker view, is a Southern state with deeply ingrained religious beliefs that make navigating in this space difficult and challenging – but then juxtapose that with the entitlement of white Montgomery County, and you get lots of complaining when things don’t go your way.
Dana, that’s very interesting and good for you. But again, if that’s the case, why push for any anti-discrimination laws at all?
That’s a good move.That’s not a shame, it is a good move. “Supportive straight” people are much more important to us in the long run than gays and lesbians simply because of their numbers.
Most bus drivers, lunch counter clerks, hospitality workers, and other people we meet from day to day in our enjoyment of public accommodation are going to be straight people.
Dana’s right.This is not an either/or situation, and, clearly, there are far more straight people than there are gay ones. I look forward to working with her to get PA passed next year.
And for your records, Dana,here is a list of those Democrats who voted No on Saturday. It should be fun lobbying them next year:
John Bohanan 29B
Emmett Burns 10
John Donoghue 2C
Carolyn Howard 24
Mary-Dulany James 34A
Kevin Kelly 1B
Joe Minnick 6
David Rudolph 34B
Theodore Sophocleus 32
Michael Vaughn 24
Jay Walker 26
Michael Weir 6
John Wood 29A
NO I meanI’m moving myself from thinking in terms of being a part of the “LGBT Community” to considering myself as a “supportive straight” person.
The shame is that as a supportive straight person I learned how to be “supportive” by gay folks like Aravosis, and Birch, and ESPA. You know where “support” and “Actively work against” are interchangeable.
And my point to you, Bianca, isa) that’s perfectly fine and I hope very helpful, and b) you don’t accomplish much by pointing out three individuals/organizations who, for all their faults in the past, have made significant strides over the past few years.
There is a house New Orleans….First time I have ever been on the same side as Pastor Emmett Burns.
Thanks
It isn’t just them, and you know itas was perfectly pointed out by Gemma in the post about Israel Luna, it has become hardly surprising the level of ignorance within large parts of the LGB from independent party-boy film-makers to the heads of national advocacy groups. This ignorance isn’t because we haven’t been there educating and helping – it is because they can STILL get away with it and we won’t name names and we won’t hold them to the same exact standards they hold the rest of the population to.
If Liz Birch has had some sort of change of heart it has been TOTALLY under the radar. Unlike the harm she did, which was public and direct. John posted a horrid anti-trans screed 9 months ago – hardly a “significant stride over the past few years”. At most John stopped snarking on articles about trans people and actually started reporting stories about trans people without making them G/L. So, John’s big change of heart is simply not being a liar (worth a note, but hardly a recommendation).
Dealing with the LGB has been a huge suck on our resources and time. Having to defend from internal sabotage as well as external opposition. The galling part is largely our allies within the movement had been silent or dismissive.
Dana, I don’t want you to stop doing what you do. However, keep in mind that those folks did what they did and have not taken even the first step to make amends. Their personal pride or egos or general disinterest continues to feed a climate where trans issues are “Expecting to much” where murdered trans women are “gay men in dresses” because it helps pass gay-only protections. Until they, specifically, and the movement generally, takes responsibility for their wrongs they are not allies – they may not be the enemy – but they are not allies.
They drove me, and many many other trans people, out of the movement. The warnings had been given – the simplest expectations ignored. The result has been a pretty constant hemorrhaging of trans activists – strong powerful activists- not willing to spend time on the LGBT.
Their collective silence and that of our “allies” (with great notable exceptions) maintains the atmosphere where using trans people to pass gay-only laws is not only a valid tactic, it is a tactic that gets rewarded.
So yes, maybe we can salvage the “LGBT”. I just don’t think it is worth it. In many cases they haven’t shown themselves to be trustworthy or willing to do the very things they expect everyone else to do for them.
Is anyone forcing you to remain part of the LGBT?I hate to see anyone come to the conclusion that LGBT people can’t work together, but you keep saying that it is a waste of your time. That’s your call to make. If you’re that unhappy there is nothing forcing you to ever work with LGB people ever again. Well, except maybe the vast majority of trans people who are LGB. But you are free to cease all collaboration with cis- LGBs.
You have to keep your sense of humor, don’t you?
Please send me the link to Aravosis’ screed of nine month’s ago. I missed it.And the next time I see Elizabeth I will ask her to make a public statement. I have no problem doing that. She’s been out of public life, raising her two children.
I’m aware of the history, though for me, I was intimidated from transitioning back in the early 90′s by the hostility that was then evident pre-internet from the trans community, not the indifference or dismissiveness of the LG community. Just saying.
There’s history, and there’s the present and future. It makes good sense for you to concentrate where you can be most effective, and I will do the same. My primary goal is political anyway, and I need far more votes from the straight community than I could possibly get from the gay community. I campaign to represent all my neighbors, and this stuff is not relevant except in how it plays out in that very local context. And it does, but that’s another story.
Jenna,One more meta-point. When we talk about “the history of transgender civil rights,” we’re not talking about a very long time. I was born nine months before Christine returned home from Denmark, the first statewide bill was passed in 1993 if I remember correctly, and the vast majority between 2001-07.
So to speak in absolutes about anything is pretty silly, and not at all relevant when the playing field keeps tilting every which way every few years.
here you gohttp://gay.americablog.com/201…
I guess our transition was different. I was a gay guy, transitioned in the early 2000′s and the level of animosity literally floored me.
The present is shaped by the past – it’s how culture works. You can’t move into the future by ignoring the past and you can’t build a stable house on a rotten foundation.
Liz can say or do whatever she likes. One would think that as a feminist, she would get accountability and making amends. One would think that as someone who held one of the most socially conservative administrations accountable during a health care crisis, she would see the value in the truth and working to build bridges that one helped weaken.
I hate being in theposition to find the cis-LGB more difficult to work with than cis straight people (and I’m hardly the only one to feel this way).
My reasons are explained above:
In many cases they haven’t shown themselves to be trustworthy or willing to do the very things they expect everyone else to do for them.
Seriously, Bianca,how many people do you know with the courage to do that? I’ve pointed out this weekend that Delegate Maggie McIntosh, of 2001 MD anti-discrimination infamy, made a public apology from the floor of the House. I know Kat Rose saw it, and Kelli Anne Busey saw it, but they’ve done nothing but continue to spew their venom.
I don’t disagree with the facts. Other than the point that not all board members of LGBT organizations support inclusion in the first place, the question is how do we move forward. We each contribute in different ways, and we need to continue in such a manner.
I just Aravosis’ post, and I don’tfind it transphobic. He challenges the alphabet soup, which many people do, and with good reason. He’s right that most people outside the community don’t know what LGBT means, and it gives our straight allies an out to say it and then not truly act for all of us. We also have our radicals who talk about HBS and TT, and a bunch of variations in between. There are probably as many political variations as there chromosomal variations.
Who did determine LGBT is preferable to GLBT? What happened to the bi community? You think we have problems with the gay community? Just ask the only out bi leader I know, Robyn Ochs.
The culture has a life of its own, you move forward and try to change it as best you can.
You’ve explained it quite welland I hope for your sake that you find straight cis people to be more trustworthy and as or even more willing to show up and work for your rights.
But that’s beside the point. My point was you keep making out like someone is holding a gun to your head to stay in the LGBT umbrella. I hate to be so direct, but if you want to go, then go already! Why do you keep complaining over and over about needing to go? If you want to go, go! And if you want to come back, please do come back. But after a while your complaints start to ring hollow if you don’t follow through and actually go. After a while, it looks like you’re more interested in complaining than anything else.
how many people do you know with the courage to do that?
They expect it of those who hold political and social power that they perceive to be used against them. People acknowledge publicly their mistakes every single day actually. Simply because one is paid a rather decent salary on the donations of a targeted group of people does not mean that your feelings or pride is any more valuable than the lives of those you harmed. I recognize it is hard and unpleasant – I’ve had to do it myself. I did it, I grew from it, it ultimately made me a better more effective ally and person.
Kat and Kelli were calling out Ms McIntosh? Really? By name?
“not all board members of LGBT organizations support inclusion in the first place, the question is how do we move forward. We each contribute in different ways, and we need to continue in such a manner.”
We move forward by naming the names not rewarding them with silence. How is it different than the call to out closeted lawmakers or at the very least to stop sleeping with them by the GLB?
OK Dana, I guess you can excuse anything. Did you read the comments on that post? Did you see how quickly John and Joe stepped up to challenge the folks who wanted to toss people out or who advocated that we were acceptable losses? Right, they “change of heart” obviously interfered with their ability to type.
PerceptionI’m in PR and Marketing. The old saying “Perception is Reality” is true (that’s fortunate or unfortunate depending on how people perceive you). You do realize that the LGB as a whole, as a group, in that meta stereotype kinda way, is perceived abysmally by trans people. They are pesky perceptions that exist for a reason and aren’t exactly grounded in fiction.
Trans people can’t change that perception without the LGB working hard to change that. Pretending stuff never happened, isn’t the way to do it. Allowing groups to trade away trans needs unchallenged, won’t do it. Your comment .. yeah, you get it.
Finally.It’s been the same thing x 100 for weeks from this poster. Which is her right, I guess. The thing is, it’s been essentially only you and Dr Beyer replying to her. If you two didn’t, maybe the copy machine would stop cranking out the same exact post over and over
I didn’t read the comments, and except in rare instances I don’t hold bloggers responsible for the comments.
Did Kelli Anne and Kat call Maggie out by name? No, but weren’t they supposed to do so? Maggie was an elected representative and at that point an out lesbian. She held the power. She admitted Saturday that she was wrong ten years ago. But all Kat does is bring back that history and yell “Remember the Alamo!” She’d feel right at home in the Balkans.
Instead they have continuously attacked Liz Seaton, Shannon Avery and Cathy Brennan. Now Liz and Shannon are not involved in this issue anymore, but Cathy has done a great deal to help us get where we are today. She’s just as angry this bill is truncated and doesn’t include PA, but she’s worked behind the scenes with her elected officials to get the vote we saw on Saturday. I’m very thankful for her help, and others are as well.
Obviously I don’t have your standards. And, anyway, there are valid reasons why the T should not be part of the LGB community, and why LGB should not be part of the T community. We recognize that, yet we jump at those who hold those views when they don’t support us. Some people are simply ignorant of who we are. Sullivan was ignorant, admitted so, and changed. The same with Aravosis, though I still think John believes we should not be a united political community. And he’s entitled to that belief, and to spread it on his blog. Just not to be insulting about it.
It’s one thing to believe that there shouldn’t be an LGBT community and therefore we shouldn’t work for an inclusive ENDA. What we’ve done, and should continue to do, is thank all those gay organizations that formed United ENDA and continue to demand trans inclusion. Not everyone has to agree. If the HRC Board of Directors doesn’t agree, they should say so and drop the T. Same for anyone else. But if they do agree, they need to use their access and work, without excuses, to make it happen. Some of us are trying to bring that about. Maybe you can work your straight allies and have them lobby their elected officials. Maybe you can get some Fortune 500 companies to tell their Senators how easy it is for them to be inclusive.
This could be a post unto itself
And, no, I didn’t find the Aravosis post to be transphobic either, though some of the comments were…but Aravosis probably doesn’t deserve the benefit of the doubt either.
I’m not giving him the benefit of the doubt.I’m just not holding him, or anyone else, responsible. You’re right that it could be a post in itself, and considering the evolving case law referring to content on websites, ISPs, FB, etc., probably many, many tomes.
I’ve occasionally read some of JMG’s work. Seems perfectly fine to me, but he has some incredibly transphobic trolls there. So I’ve given up reading the comments, but I won’t hold him personally responsible. These guys have the opportunity on their own to make their beliefs known, and not to be known by the company others keep.
Obviously I don’t have your standardsMy standards are the standards the LGBT sets for straight people they feel have wronged them in the past. So, they aren’t just MY standards are they?
They are also the same standards that parents all over the world have for their children. You know, that one where if you hurt someone you apologize to them. That one where if you take candy from the grocery, you get marched back in and have to hand it over to the manager. That pesky standard that makes you treat others the way you feel you should be treated. The standards that instill trust, cooperation, and ultimately a functioning society.
“Maybe you can work your straight allies and have them lobby their elected officials.”
I’ve been working that front, with surprisingly quick results. Even though it is our current relationship with the LGB that is my biggest hurdle there. Something about straight men wanting to have their sexual orientation as they understand it respected – something one would thing the LGB would get, but doesn’t seem to.
Yeah, I run into thisover at towleroad as far as race questions are concerned (and to a lesser extent, at JMG)
And (as I said at towleroad today) I see the same thing as far as homophobia is concerned at some black blogs.
I might agree with your optimism……if it was just a matter of “Gay Incorporated” nonprofit complex orgs like Equality Maryland being honestly ignorant of the needs of trans people. That isn’t the case. These orgs are very consciously selling out trans people in order to advance a “gay rights first and only” agenda based on assimilating themselves into the social mainstream and throwing overboard anyone who isn’t “normal enough”.
The fact is that there was never any real need to remove public accomodations language from HB 235; Equality Maryland ripped it away from us even though there was zero actual opposition. That’s because “Gay Incorporated” has a vested interest in making sure trans people become a permanent underclass in American society — it enables them to claim the mantle of an “oppressed group” while actually living in the lap of luxury.
So you’re saying Del Pena-Melnyk is lying?Because your best friend in the House insists that she did this to enable the bill to move out of committee.
The lengths people will go to to be able to blame everything on Teh Gayz is astounding.
Is this dude from Maryland?Zoe, this is irrelevant bullshit.
?Where is this Gay Inc. Do you even read what you write? What the hell are you talking about? I ask in all honesty.