Debunking the Trans* Bathroom Myth

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Today, GLAAD released a media guide for journalists covering stories related to LGBT nondiscrimination, in collaboration with a coalition of state and national LGBT advocacy organizations. Debunking the “Bathroom Bill” Myth – Accurate Reporting on LGBT Nondiscrimination: A Guide for Journalists comes after the defeat of the Houston Equal Rights Ordinance (HERO) in late 2015, as well as bills in both Georgia and South Dakota which threaten to harm transgender people. The guide will be useful for media outlets following the 85 nondiscrimination and anti-LGBT bills that are on the horizon across the country.

“Anti-LGBT activists are viciously putting a target on our children’s backs by using fearmongering and misinformation in a desperate attempt to legalize discrimination,” said Sarah Kate Ellis, GLAAD President & CEO. “Accurate reporting is crucial to provide voters with the realities of these bills. This guide will help media tell the real story of transgender-inclusive nondiscrimination ordinances.”

“It’s imperative that the media fairly and accurately report on the discrimination faced by transgender people and the importance of laws which provide protections for them in housing, employment, and public spaces. Alarmist attempts to frighten voters into rejecting fair treatment for trans people must be challenged by journalists well armed with the facts,” said Nick Adams, Director of Programs for Transgender Media at GLAAD.

Nondiscrimination ordinances were recently in the national spotlight surrounding the late 2015 repeal of HERO, which outlawed discrimination against many communities, including the transgender community. In the successful campaign to repeal the ordinance, opponents used misinformation and exploited outdated stereotypes and fears about transgender people, falsely suggesting that the law would put women and children at risk. Making matters worse, many local news outlets repeated these messages, often without questioning the validity of the claims, thereby providing free airtime and a veneer of legitimacy to claims that were easily proved false.

Debunking the “Bathroom Bills” Myth – Accurate Reporting on LGBT Nondiscrimination: A Guide for Journalists provides background on these ordinances, highlights the importance of fair and accurate reporting, points out the fallacies of so-called “Bathroom Bills,” and details the impact of media-amplified myths and misinformation during the HERO campaign. Other helpful resources include best practices for media coverage in addition to terms, definitions, and pitfalls to avoid. The guide was developed in collaboration with Equality California, Freedom for All Americans, the Gill Foundation, the Movement Advancement Project (MAP), the National Center for Transgender Equality (NCTE), and the Transgender Law Center (TLC).

Bullock On Bozeman’s NDO Passage: “I urge other MT communities to follow suit”

Governor Bullock released the following statement on the City of Bozeman passing an ordinance prohibiting discrimination based on sexual orientation or gender identity in employment, housing, and public accommodations:

“Tonight, Bozeman has shown important leadership in protecting their residents and visitors from discrimination. Discrimination is bad for the state’s economy and businesses, as well as contrary to the freedoms we expect as Montanans. I encourage other Montana communities to follow suit in the near future.”

The NDO passed unanimously with all commissioners and Mayor Krauss voting- Deputy Mayor Carson Taylor was absent, but since he introduced the measure, I’m calling it unanimous.

It was a bit anticlimactic. No one spoke during public comment time, and no visible opponents could be identified in the crowd. However, there were at least 40 members of the community visibly wearing “Support Fairness Dignity Security” stickers. I sat with some veteran activists- and there were a few tears- but mostly this was as expected. Bozeman is a welcoming community and recognizes that fairness and dignity are vital components of community structure.

So. Billings.

Are you willing to put the economic future of your city at the mercy of fundamentalist hysteria?

If so, just watch Bozeman take over as the leading economic force in the state….

 

LGBTIQA In Montana- What’s It Like?

The Human Rights Campaign wants to know- and I want Montana to be clearly and substantially represented. It took me 10 minutes. And you don’t have to be from Montana to take it- it’s nationwide.

Take the survey HERE.

Or here:

http://lgbtexperiences.cloudssi.com/cgi-bin/ciwweb.pl?studyname=HRC_MEMBERSHIP_LGBT_POLL&ID&hid_pagenum=1&hid_link=1&hid_javascript=1

HRC

MT Board of Regents approves adding sexual orientation, gender identity to non-discrimination policy

From KXLH:

The Montana Board of Regents unanimously approved the addition of sexual orientation and gender identity to the Montana University System’s non-discrimination policy.

The policy change will affect all campuses within the MUS and provide protection to staff, faculty, and students, according to a press release on Monday.

Clayton Christian, the MT Commissioner of Higher Education, said, “That is our hope that we send the right message that they are welcome and embraced and part of our overall state community, one that certainly has open doors and welcoming doors for the Montana University System.”

Read the full story here.

 

Illinois To Investigate LGBT Group’s Claim That ExxonMobil Discriminates In Hiring

From Buzzfeed:

 

Exxon.SouthCapitol.SE.WDC.21sep05

Exxon.SouthCapitol.SE.WDC.21sep05 (Photo credit: Elvert Barnes)

 

Illinois officials will begin investigating ExxonMobil to determine if the company discriminates against gay job applicants, putting a spotlight on the company’s employment practices as the Senate considers a bill that would make such discrimination illegal across the country.

 

The Illinois Department of Human Rights has accepted Freedom to Work’s complaint of employment discrimination against ExxonMobil, the first known time an LGBT group has used a “tester” case — in which a group submits similar applications from fictitious applicants who only differ in the relevant characteristic being tested — in an organizational lawsuit.

 

“Freedom to Work decided to take a successful strategy from the playbook of African-American civil rights leaders by employing matched-pair employment testing at Exxon and other federal contractors that lack LGBT workplace protections,” Freedom to Work president Tico Almeida told BuzzFeed. “We very quickly found evidence that Exxon has given unfair hiring preference to some lower qualified straight applicants over more qualified LGBT applicants.”

 

Another reason to avoid Exxon gas… Full story here.

 

 

ENDA is Up – Again

What to do about ENDA? The Employment Non-Discrimination Act is up for committee hearing next week – again. It will likely pass out of committee on July 10, as all the committee dems (12) are sponsors and even one Republican is on board. We’ve been here before folks. It’s a long, hard road to pass a bill – think, “There’s a bill up on Capitol Hill.”

ENDA, originally introduced in 2007 by Sen. Ted Kennedy, has never enjoyed significant congressional support, however. And nothing appears to be much different in that old house. So, the efficacy and life of ENDA seems still doomed to be stalled in the Senate chute.

Ironically, ENDA is viewed by some as more of a transgender bill, largely because trans women have represented the historical sticking point – think Barney Frank. Yet, the twist here, is that trans people represent a class that has at least some discrimination protection under law since the EEOC decided Macy v. Holder in May, 2012 (recognizing transgender discrimination as a type of gender discrimination under Title VII). Sadly, if you are gay, lesbian or bi, you can still be fired or denied housing and public accommodation merely because it is so in states that offer no state or local protection. If you are transgender and you are fired you at least have a federal remedy.

Yes, ENDA is about LGBT Equality!!! So, what can we do to get this law passed? Some have suggested re-branding:

Following up on that bit of news, Michelangelo Signorile quotes former Bilerico editor Michael Crawford talking his ideas on how to get ENDA actually passed: rebrand it. I couldn’t agree with him more. Ditching the name ENDA and expanding the scope of the legislation would give LGBT federal nondiscrimination legislation some nice forward momentum.
‘When we talk about it as discrimination, it’s about bad things that are happening vs. reframing in a more aspirational way, framing it as freedom to work,’ he explained. ‘Everyone wants to be able to work and take care of their families. Framing it as something the general public can understand and connect to.’…

~ Filed By Bil Browning, Bilerico, 7/03/2013.

Good idea! But, regardless of how the law is framed, now is the time for all people concerned about LGBT Equality to get behind it.

I have mentioned before that I am concerned about the post-marriage victory let down amongst our movement. Will it be, or will we seize upon the momentum we seem to have accumulated over the last few years and extend it beyond marriage equality? I hope it will be the latter for the sake of those who have lost or been denied employment or associated benefits. And I can think of several people I know right off the top of my head who have endured these struggles right here in Southwest Montana. I can only imagine what it is like in larger urban areas of the country.

So, here’ my pitch: Don’t let down! Don’t stop! All the same cliches about equality and justice not being so until they are so for all remain true and unfulfilled. Please do your part to help pass ENDA.

Montana Legislature: Actively Working To Shame Gay People

Updated. See below….
Things seemed hopeful at the start of this session. From the Great Falls Tribune:

SHAME

SHAME (Photo credit: BlueRobot)

The Montana Supreme Court in 1997 ruled as unconstitutional the portion of the deviate sexual relations law that includes “sexual contact or sexual intercourse between two persons of the same sex” in the definition that also includes bestiality.

Senate Bill 107, carried by Sen. Tom Facey, would remove it from state code. The Missoula Democrat said the time has come to strike a law that is unenforceable and offensive.

“Words do matter. I hope you can pass this bill to get the unconstitutional words out of our code,” Facey said.

Groups opposed to the law have tried for years to get the Legislature to formally strike language they argue is hurtful. Two years ago, a similar proposal to repeal the law cleared the Senate only to die in the more conservative House.

But since then, the Montana Republican Party has removed from its platform the position that it seeks to make homosexual acts illegal. The party remains opposed to gay marriage.

Freshman Republican state Rep. Nicholas Schwaderer, of Superior, said he is co-sponsoring the measure because it “respects the rights of Montanans.”

But that was then, this is now. Jamee Greer, lobbyist for the Montana Human Rights Network said this yesterday:

The Montana Senate can’t even take an up-or-down vote on whether or not the law should say gays and lesbians deserve ten years in prison and/or $50,000 fines – simply for being gays and lesbians.

Word is they’re sending the bill back to committee to attach bad amendments to it requested by a Bitterroot-based anti-gay activist, Dallas Erickson. This motion would happen during the Senate floor session, possibly as soon as Wednesday (today).

Why back to committee? If it comes up quietly during an executive action, which can happen at pretty much any time, maybe there won’t be network television news cameras in front of them. Maybe the Associated Press and USAToday will miss it.

Maybe, just maybe, some members of the legislature can get away with labeling gay and lesbian Montanans as “deviates” and “felons” for another year and avoid the national embarrassment that will surely come with such an unfortunate decision.

Maybe, just maybe.

Maybe they’ll knock it off if we get enough attention on this issue. Anyone have Rachel Maddow’s number?

Update From Jamee: The Senate has not moved SB107 back to committee during floor session today- to amend or “kill” the bill “quietly” in committee….

This can still happen during any floor session, so until they finally give the bill an up-or-down vote, it is in play.

It is a simple question: do you think gays deserve to be associated in the law with those who molest animals, and punished by fines of $50,000 and ten years in jail?

JUST VOTE ALREADY!

Wyoming: “The Inequality State”

Wyoming’s latest opportunity to prove that it’s state motto is even partially true has dissolved.

The “Equality State” has rejected even domestic partnerships for same-sex partners after bringing it to the House floor yesterday. From the Casper Star-Tribune:

Seal of Wyoming

Seal of Wyoming (Photo credit: Wikipedia)

The Wyoming House has shot down a bill that would have allowed same-sex couples to create domestic partnerships carrying most of the legal rights of conventional marriage.

The House voted 35-to-24 against the bill. It marked the first time that pro-gay legislation reached a full floor debate in the state Legislature.

Proponents of the bill said that it would grant same-sex couples as well as other citizens a way to share their property and make health care decisions for each other.

Opponents warned that the bill threatened to open the state to legal action seeking to force it to approve same-sex marriage.

A separate bill cleared the Senate Judiciary Committee on Wednesday that would outlaw discrimination on the basis of sexual orientation. That bill now heads to the full Senate.

Wyoming, the state where Matthew Shepard was tragically murdered- now has an opportunity to outlaw discrimination. I will be delighted to see it happen- but it doesn’t seem very likely at this point.

Sad. If I were a Wyoming legislator, I’d introduce a bill to change the motto to “The Inequality State”.

Please Share Your Story With Fair is Fair MT

The Fair is Fair campaign, a project of the ACLU of Montana, is dedicated to increasing public support for domestic partnerships by telling the stories of real couples who have been denied equal protection because their relationships are not legally recognized.
We are looking for same-sex couples who are willing to share their stories about how they have been denied basic protections afforded to other families.
 
MainLogo21If you are in a committed relationship with a same-sex partner and you have experienced difficulties (tax problems, pension issues, problems related to caring for children or making medical decisions for your family, or any other types of difficulties) because your relationship isn’t legally recognized, please e-mail me at niniab@aclumontana.org.
 
All communications will be handled as confidential by the ACLU.
 
Right now, loving, committed same-sex couples and their children still don’t have the protections they need to live their own lives in Montana.  The ACLU has brought a lawsuit, Donaldson and Guggenheim v. State of Montana, to win equal protection for same-sex couples.  Court cases are important, but to win lasting fairness for gay and lesbian couples we need to convince not just the courts but also the general public that Montanans need domestic partnerships.
 
Please don’t pass up this opportunity to tell your story and to help Fair is Fair change hearts and minds.
 

Limits on Understanding

An attempt at a discrimination graphic.

An attempt at a discrimination graphic. (Photo credit: Wikipedia)

 

It was 9:30 at the Helena City Council meeting when the mayor slightly rolled his eyes as he tapped his gavel, signaling the close of the public hearing portion on final passage of the LGBT anti-discrimination ordinance.

 

“What’s your pleasure,” he said to the council members.

 

The council took up four amendments proposed by the sponsor in a vain attempt to rescue her two years of campaigning and soulful work on this ordinance to make it as fair and inclusive as possible.  The other members of the commission were simply not having it, as she tried to persuade them to drop the trans phobic “locker room” amendment.

 

“It’s beyond the limits of my understanding,” the mayor proclaimed with exasperation, and a council member said the same a few minutes later.

 

And, then again, “This is beyond the limits of my understanding,” the mayor repeated, seemingly liking the sound of the phrase he had coined even more the second time around.

 

He just as well have said, “I don’t understand, and I don’t want to understand!” for that is what I heard with a sinking feeling that remains with me, now rooted in my psyche just as firmly as the amendment is now part of the ordinance, which to some now codifies the vilification of trans people, and legalizes a certain form of discrimination against them.

 

I had not considered these thoughts prior to the hearing, and I apologize to the trans community for failing you.  I had taken the amendment lightly, as if any self respecting pre-op trans woman would be caught dead showing off the wrong genitalia in the women’s locker room.  (I focus on trans women only because that was the sum and substance of the hysteria at the hearing, though I do not wish to belittle the safety risk to trans men in the men’s locker room.)  I know that I would not have dared reveal my pre-op attachment – I was way too afraid of being read.  I’m thinking a penis would have been a dead give away.  But, more than that, I am far too modest and respecting of the women around me to compromise them in such a way, for I take my solidarity with women as a sacred trust.  For it is to this sisterhood that I belong, and losing that sense of belonging, as a woman among women, would be a fate worse than death.  Indeed, it would be as akin to death or more, while yet breathing, as were the last years of living as a man, drunk, dispirited and demoralized.

 

Could I have made a difference by continuing to urge a more specific understanding, as I had in general terms in my testimony?   Some have suggested that the council member who proposed the amendment relied on his belief that I “was okay with it” in so doing.  Well, I wasn’t okay with it.  In fact, I had posted just last week (and sent the post to the council) a suggested compromise to the  amendment whereby a public accommodation would not be discriminating if they asked a person who displayed socially inconsistent genitalia in the locker room to leave.  Some would have trouble with even this compromise, although, given my statements above about fear, modesty and solidarity, I think it is entirely reasonable.  I stand by it.

 

Nonetheless, I did not talk about bathrooms in my testimony, so, council members evidently did not feel that the trans community objected.  I am just one person who testified, I realize, however, many have looked to me to represent their interest and I did not.  I let you down and I regret that.

 

As I ponder these matters, in the quiet half light of dusk, with a growing philosophical sense, I realize that I am not to blame.  No one is that powerful – to enlighten the minds of those with limits upon their own understanding.