From Yesterday’s Testimony:

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Full speech is here:https://www.youtube.com/watch?v=A7CsHmMwzrQ

The State Of The Ordinance

“With liberty and justice for all,” the people said, with their hands upon their hearts.  They shuffled as they took their seats or remained standing in the crowded council chambers at city hall in Helena.  I wondered how many in attendance actually believed in those concepts they had just pledged their allegiance to.  Many seemed to believe that liberty and justice should be applied only to those they alone deemed worthy.

Rosa Parks' mugshot

Rosa Parks’ mugshot (Photo credit: rbanks)

The opponents had arrived early and assured that their ranks would take all the seats, leaving standing room only for the gays and lesbians, the Bi-s and transgender, and all their allies (friends, family and supporters).  Though seemingly greater in number they were mostly relegated to the hallway outside the chambers, or an overflow room set up for viewing the proceedings on a large screen.  It was filled to overflowing as well.

I had arrived early enough to take one of the last places for standing inside the chambers – in the aisle next to the last row of high-backed seats.  I thought of the pews in the Catholic church of my youth as I stood firmly, almost defiantly, and prayed for grace and tolerance.  Though transgender, I remain just old fashioned enough to have wondered if any of the good seated gentlemen would offer me their seat.  None did.

At that very moment I wondered if I had not begun to understand just a glimpse of what Rosa Parks felt as she resolved to take her seat at the front of the bus.  While the opponents wore stickers which implied that LGBT rights are “special rights,” they graphically displayed exactly why they are necessary.  The inequality of the seating arrangement was readily apparent and not lost on many of those standing outside, craning their necks to hear and see the proceedings inside.  Were they not marginalized by the very people who proclaim it is not so?

As the council progressed through its agenda the tension mounted to a palpable level no matter which side of the LGBT rights issue you stood on.  It could be felt collectively.  The mayor came to the matter he correctly surmised we had all come to hear.  The council made and discussed amendments to the pending LGBT anti-discrimination ordinance that proposed to protect LGBT people from discrimination in housing, employment and public accommodation.

The first was the “locker room” amendment proposed with ambivalence and stated with reluctance by one commissioner due to an email he received about a pre-op transwoman in Evergreen, CO who had apparently, yet inadvertently, dropped the towel which covered her genital area while in the sauna, offending another woman.  The amendment would not extend protections to such transwomen in bathrooms, locker rooms or public facilities in which people customarily are nude.

The second amendment was of greater consequence, though not immediately apparent.  It provided that persons who felt they were discriminated against due to their LGBT status would have to first file their claim with the state Human Rights Bureau, and could only file with the city if the state rejected their claim.

Both amendments were adopted, and now came the time for public comment.  As a proponent, I got to speak first.  Here is some of what I said:

I am a civil rights attorney here in Helena.  I am also Transgender, as many of you know. I am anatomically consistent with my appearance in all respects for whatever that is worth to others – I know and am very grateful for what it is worth to me.

I support the ordinance without the “swimming pool”amendment because I have experienced discrimination here in Helena on more than one occasion, although never in the locker room, or bathroom, or anywhere else of that nature – even during the year prior to surgery when I presented full time as a woman, though anatomically still male.

The irony of the position that I find myself in is not lost on me.  Other than undergoing a procedure to correct something that was wrong my entire life,- a procedure that some think is a bit radical, I am a pretty conservative woman – in presentation, dress, style and activities.  I go to church, work here in Helena, shop here, and pay taxes.  I do not drink, smoke or gamble and don’t go with the boys who do.  In fact, I don’t go with boys, but that is another matter.

I am also rather modest & find it difficult in public to talk about, of all places, the bath room, and I wonder what kind of mind conceives of the threat a person such as myself presents in the rest room.  What kind of mind conceives of prurient activities in bath room stalls?  The thought repulses me.  Nonetheless, I can assure you that I (and others I know in this area) have only one interest in the rest room or locker room – relieving myself or changing my clothes

Now I wonder if there is anyone in this room whom I offended when I went to the woman’s rest room or locker room.  No one has ever said a single word about it, nor even cast a cross glance at me.  In fact, in the beginning, I was more afraid of everyone else than they could ever be of me.  For a trans person, the greatest single fear we live with our entire life is being found out – getting “read” in trans parlance.  That fear is so strong, that some people kill themselves or hide in a self constructed box for decades because they are afraid that if people knew they were transsexuals they would be reviled, rejected, scorned and perhaps worse.  Trans people are assaulted every day, and in some cases murdered for trying to overcome their fears and be true to themselves.  That fear is based on actual events – it is real, it is rational and it is pervasive.

On the other hand, when was the last time you saw a man expose himself in a woman’s rest room?  When was the last time you saw an anatomically incorrect person in the locker room in all their glory?  I have not had that experience in the five+ years I have lived and worked in Helena.  I wonder if the sheriff and police chief could enlighten us with the number of calls they have fielded of this nature in the last ten years?

So, I ask you.  Is the fear of males in the woman’s locker room real?  Is it rational?  The reality is that trans people are so afraid of being read, that they are not “passing” in the gender of identity, that they would not dream of exposing themselves until they are anatomically consistent, and would sooner forfeit their life than take that chance.  There may be some men who would do that, but, I assure that their issues are not gender identification dysphoria and the laws are already in place to prosecute them.

I say it again – trans people have by far more to fear from society than any part of society has to fear from them.  It is a public safety issue – and it is the trans people would need protecting.People in Helena are already using the bathrooms and locker rooms where they feel safest and most comfortable.  If a transman or transwoman were to expose him or herself for some prurient interest, the circumstances are amenable to prosecution under the criminal code.  This ordinance does not change any criminal codes (like sexual assault or indecent exposure, i.e. exposure for sexual gratification).  If a crime were to take place, it should be investigated the same way that crimes are investigated currently, and similarly prosecuted.  We can work together as a community to prevent and address crimes, make our city safer, and more just.  We can do the education necessary to make sure that all members of our community feel safe and are able to fully participate. This ordinance is one step in making our community safer and stronger, and reflecting our values of liberty and justice for all.

St Helena Cathedral in Helena, Montana, USA; p...

St Helena Cathedral in Helena, Montana, USA; picture taken from Mount Helena. (Photo credit: Wikipedia)

I believe that still.  However, the amendments now threaten to swallow the rule and dissolve any gains we might have made in the effort to end discrimination.  The “locker room” question is a tough issue, and as a former elected official, I have great empathy for the council.  No one should be forced into a position not of their own choosing where they are threatened and afraid; and this cuts both ways.  Imagine the shock a genetic woman might feel as she turns a corner, naked, only to see a pre-op transwoman in all her beautiful glory.  On the other hand, imagine the ridicule and risk to safety for a naked transman in the woman’s locker room, or the risk to safety for the transwoman, both pre and post op in the men’s locker room.  Thus, we have a dilemma.

It seems to me that when faced with such a dilemma that compromise is the only solution.  The compromise I propose is that the “locker room” amendment should be revised to preclude only those with socially inconsistent genitalia from revealing as much, from exposing such inconsistent genitalia.  To be clear, a pre-op transwoman cold be excluded from the female locker room if she exposes her penis, and similarly a transman if he reveals the lack thereof in the male locker room.  I make this suggestion knowing that many trans people will feel deprived from full participation in activities like showering at the gym, or sitting naked in the sauna in their true gender.  While true, I cannot see that it can be helped.  It is a comprise after all, and like any settlement, no one is completely happy.

The second amendment, which I refer to as the HRB amendment, is in fact of greater consequence and should be stricken.  First, the HRB operates under the auspices of the Montana Human Rights Act and the Civil Rights Act.  The MHRA affords no LGBT protection and could not be relied upon in pursuing an HRB claim.  The Civil Rights Act provides only speculative relief for the LGBT folks, and a merely persuasive argument for trans folk in employment only in accord with Macy v. Holder, an administrative law opinion rendered by the EEOC which recognized, as a number of federal courts have, a “gender stereotyping” claim under Title VII of the act as a means of sex discrimination for trans people.  Moreover, if the HRB, the defacto discrimination expert accepts an LGBT claim under Title VII, than the city claim will not be necessary.  On the other hand, if the HRB rejects a claim it will not likely be possible because good lawyers would use it as evidence in a motion to dismiss the city claim.  When the HRB says that it could not find reasonable cause to believe that discrimination occurred, it is both compelling and persuasive.  I believe it would be dispositive in this circumstance, rendering the city ordinance a nullity.  Thus, this amendment must be defeated.

If Helena, as a community can iron out these difficulties and pass this ordinance than we will take one step closer to liberty and justice for all.  And I hope that we do because Everybody Matters.

“The Sixth Sense” Comes To City Hall

You might be tempted to close this out-
but, trust me, hang on and watch the whole thing….

Yep. It’s awesome.

Newest Ad For WA Marriage Equality

Off To The Rodeo

It’s not 40 below, but I do have a heater in the Bofus, so I’m off to the Rodeo- once known as the Montana Legislature, to speak in opposition to HB 516 (see previous post).

There are a lot of reasons to oppose this bill. Don Pogreba gives us more to think about from Intelligent Discontent:

One of the elements of Western movies that always puzzled me was the frequent assertion that no one in the West cared where a person had come from; all that mattered was the person they were in their new community. Growing up in relatively small towns like Shelby and Laurel, it seemed that the exact opposite was true. When someone new came to town, we wanted to know everything about him or her and we pried like hell to find out whatever we could. But the other half of the story was true: once that person arrived, all we cared about was that the new person did her job, treated her neighbors well, and shoveled her walk in the winter.

Once you became part of our town, your private life was your private life, and it wasn’t anybody’s business who you loved and/or slept with.

People like Harris Himes and and Dallas Erickson never seemed to learn that, though. For reasons that perhaps only a trained psychiatrist could explain, they seem obsessed with who someone sleeps with, and quite uncomfortably, how they do it. They hate people who are gay, lesbian, or transgender so much that they’ll lie about them, spew vicious invective at them, and even suggest that the death penalty would be appropriate for the crime of loving someone of the same sex.

Perfect. Read the rest here.

Oh, and while you’re at it, check out his piece on Montana Education. Excellent points, all.

Hey!

…against HB 516? Hearing starts Monday at 3pm in Room 405 of the Montana State Capitol Building.

I suggest printing two copies of your statement and bring it with you in case the monkey business of last time is repeated.

Here’s mine:

Regarding HB 516, I speak in opposition for several reasons.

  • Every community should have the right to decide its own ordinances of inclusion. Ordinances of exclusion, which is what this is, are historically used by dictatorships, theocratic states and societies of intolerance- which I fervently hope is not your intention.
  • Creating a law that disallows protection is counterintuitive to the purpose of government as set forth in both the Federal and State Constitutions, in which are stated explicitly the government’s purpose and responsibility to protect its citizenry from discrimination, violence and other harms.
  • This is an attempt to write prejudice and bigotry into the law. It is an attempt to tie local ordinances to State law in a way which keeps government from evolving as our understanding does- both scientific and social, creating a top-down model, instead of a cooperative, inter-dynamic process. State laws and statutes are informed by the experience of the people- don’t disregard the deliberate and intentional process engaged in by sizable numbers of Montanans- processes which inform the future of our government.
  • I am a gay man, a native Montanan. My partner is a native Montanan. All we want is to live our lives happily and free from fear in the state we both grew up in. This bill tells me we shouldn’t have the right to be happy here.

  • I am also a therapist, I work primarily with LGBT persons. The stories of fear and prejudice that I hear almost daily are heart-breaking. The stories of bullying and violence are also all too common and very real right here in the State of Montana. This bill simply ignores the needs of a suffering segment of the population who deserve to feel safe.
  • This bill is discrimination. It is rejection of the right of communities to protect their citizens as they believe necessary. It removes the power to govern from local citizens, enshrining bigotry, ignorance and personal belief in defiance of science, human experience and the freedom of local governance.

Respectfully submitted,
D Gregory Smith, MA, stl

HRC On Board In Montana

I’m glad that the Human Rights Campaign is paying attention to us….

Last spring HRC supporters teamed up with other advocates in Missoula to pass an anti-discrimination ordinance that included sexual orientation and gender identity. Now, conservatives at the State Capitol in Helena think they know better than the people of Missoula. HB 516 would take power away from local governments and make it illegal to pass anti-discrimination protections that are stronger than those in Montana state law. Take action now and send a message to your legislators asking them to oppose this bill and support equality!

Not only is this bill destructive for all future attempts to secure equality for lesbian, gay, bisexual and transgender Montanans, it’s also retroactive which calls into question any personnel policy or resolution that a locality has already passed.

We will need a strong presence at the Capitol supporting dignity, fairness and equality Monday afternoon.  Please come testify or talk to your legislators. While we ask that everyone who comes to the Capitol bring a copy of written testimony to submit for the record, we expect the Senate Local Government committee to treat people with fairness and give a reasonable amount of time for testimony.

Senate Local Government Committee Hearing
Monday, March 14 | 3:00 p.m.
Room 405 | Montana State Capitol | Helena, MT

If you can’t make the hearing in person, please send a letter to your legislators now!

Thank you,

Marty Signature
Marty Rouse
HRC National Field Director

Dirty Dancing Exposed

Hot on the heels of my Dirty Dancing post yesterday, Charles Johnson of the Lee State Bureau (Billings Gazette, Missoulian, Independent Record, Montana Standard, Ravalli Republic) has posted an article outlining the complaints against House Judiciary Chair Ken Peterson, R-Billings. Excerpt:

Advocates for civil rights, human rights and abortion rights say they aren’t getting a fair shake from House Judiciary Chairman Ken Peterson, R-Billings, at public hearings.

They are critical of Peterson’s fairness in scheduling and running hearings, his limiting the ability of people to testify or at least state their names, and his failing to stop representatives or witnesses from making inflammatory comments such as calling abortion providers murderers and homosexuality an abomination.

For his part, Peterson, serving his fourth term in the Montana House of Representatives, defended how he runs the committee and dismissed the criticisms.

“I would say they’re absolutely wrong,” he said. “I try to be fair to everybody. That’s my goal. I’m an attorney. I know it’s very important that all parties be treated the same.”

Au contraire!

Johnson’s article continues with numerous examples complaints of unfair treatment from Planned Parenthood,  Civil Liberties Union of Montana and the Montana Human Rights Network- all known organizations that Republicans fear and despise. The shenanigans on display by the Judiciary leadership provides an opportunity for Republicans to use code words to invoke a familiar response to their followers, making over  these human rights groups into bogeymen, conjuring up terror in the hearts of the ignorant and easily led. More:

“The chair is shutting down public comment, he’s shutting down hearings on bills that are life-and-death situations for Montanans,” (Stacy) Anderson (of Planned Parenthood of Montana) said, adding, “I think the civility has degraded, and I think some of the questions to people are degrading.”

…One committee member, Rep. Diane Sands, D-Missoula, said she believes Peterson violated House rules by not allowing people to come to the podium and at least state their name and their positions on four bills. She said she couldn’t recall this happening before, but figured out a way around it by reading to the committee the names on the sign-in sheet and having people stand as she called their names.

“It only takes a few minutes for people to stand and say their name,” Sands said. By not allowing people that courtesy, she said, “it shows disrespect to those people and to the legislative process.”

Diane Sands- a giant in Montana human rights as far as I’m concerned, is a shrewd and yet firmly convicted politician who has served this state- well beyond her constituency-with passion, distinction and strength. She’s well worth listening to. And Johnson’s article is worth reading in its entirety.

Maybe twice.

And Carol Williams, D-Missoula’s response for those of you who haven’t seen it:


My Statements Re: HB 516, HB 514

February 18, 2011

Montana Legislators,

RE MT HB 516:

  1. Every community should have the right to decide its own ordinances of inclusion. Ordinances of exclusion, usually reserved for dictatorships, theocratic states and societies of intolerance are another matter.
  2. Creating a law that disallows protection is counterintuitive to the purpose of government as set forth in both the Federal and State Constitutions, in which are stated explicitly the government’s purpose to protect the citizenry from discrimination, violence and other harms.
  3. This is an attempt to write prejudice and bigotry into the law. It is an attempt to tie local ordinances to State law in a way which keeps government from evolving as understanding, both scientific and social, creating a top-down model, instead of a cooperative, interdynamic process.
  4. It is a blatant and ignorant effort to push a personal agenda of intolerance toward LGBT persons in obvious defiance of biological, social and psychological science.
  5. This bill is discrimination and rejection of the right of communities to protect the citizens as they believe necessary. It enshrines bigotry, ignorance and personal belief in defiance of science, human experience and freedom.

RE HB 514:

1.  The reality of difference in sexual orientation and gender identity is acknowledged by this bill.

2.  The scientific evidence and positions of the scientific community regarding the reality of different sexual identities/orientations and the fluidity of gender identities are clear. The American Psychological Association recognizes the reality of heterosexuality, bisexuality and homosexuality. The APA also advocates against discrimination based on sexual orientation and gender identity. Regarding sexual orientation:

Research has found that the people who have the most positive attitudes toward gay men, lesbians, and bisexuals are those who say they know one or more gay, lesbian or bisexual person well, often as a friend or co-worker. For this reason, psychologists believe that negative attitudes toward gay people as a group are prejudices that are not grounded in actual experience but are based on stereotypes and mis-information. Furthermore, protection against violence and discrimination are very important, just as they are for any other minority groups. Some states include violence against an individual on the basis of his or her sexual orientation as a “hate crime,” and ten U.S. states have laws against discrimination on the basis of sexual orientation.

Regarding gender identity:

THEREFORE BE IT RESOLVED THAT APA opposes all public and private discrimination on the basis of actual or perceived gender identity and expression and urges the repeal of discriminatory laws and policies;

THEREFORE BE IT FURTHER RESOLVED THAT APA supports the passage of laws and policies protecting the rights, legal benefits, and privileges of people of all gender identities and expressions;

THEREFORE BE IT FURTHER RESOLVED THAT APA supports full access to employment, housing, and education regardless of gender identity and expression;

The American Medical Association says the following:

AMA Policy Regarding Sexual Orientation
General Policies:

H-65.992 Continued Support of Human Rights and Freedom. Our AMA continues (1) to support the dignity of the individual, human rights and the sanctity of human life, and (2) to oppose any discrimination based on an individual’s sex, sexual orientation, gender identity, race, religion, disability, ethnic origin, national origin or age and any other such reprehensible policies. (Sub. Res. 107, A-85; Modified by CLRPD Rep. 2, I-95; Reaffirmation A-00; Reaffirmation A-05; Modified: BOT Rep. 11, A-07)

H-65.983 Nondiscrimination Policy. The AMA affirms that it has not been its policy now or in the past to discriminate with regard to sexual orientation or gender identity. (Res. 1, A-93; Reaffirmed: CCB Rep. 6, A-03; Modified: BOT Rep. 11, A-07)

H-65.990 Civil Rights Restoration. The AMA reaffirms its long-standing policy that there is no basis for the denial to any human being of equal rights, privileges, and responsibilities commensurate with his or her individual capabilities and ethical character because of an individual’s sex, sexual orientation, gender, gender identity, or transgender status, race, religion, disability, ethnic origin, national origin, or age. (BOT Rep. LL, I-86; Amended by Sunset Report, I-96; Modified: Res. 410, A-03)

Does Montana want to ignorantly proceed against the example of these two esteemed organizations?

3. Protection is not a special right, it is an equal right. We all have the right to live in peace and without the threat of violence, discrimination or subjugation. Studies and experience show that LGBT persons are constantly subject to bigotry, violence, and harassment. Indeed, LGBT teens are the highest risk group for suicide attempt and completion. Much of that is due to oppressive or negligent laws that fail to promote a sense of self-worth for every law-abiding citizen.

4. Montana has a history of live and let live. Without this bill, the lives of a significant number of Montanans are prevented from being full lives of integrity and equality. Without this bill, you continue to promote a second and third class of Montanans.

Sincerely,

D. Gregory Smith, MA, LMHCA

Butte