Commenters at three major blogs, Pam's House Blend, AmericaBlog and The Bilerico Project are "Ground Zero" for a community dialogue on whether U.S. Representative Barney Frank (D-MA)'s decision to separate the "gender identity" provisions from "sexual orientation" in the version of the Employment Non-Discrimination Act (H.R. 2015) to be considered by Congress next week. It should be noted that 2007 was the first year that a trans-inclusive version of ENDA was introduced, and that prior to this year ENDA has been introduced in every session of Congress since 1974.
Mad Professah agrees with the nine National LGBT organizations (Parents, Families and Friends of Lesbians and Gays, the National Gay and Lesbian Task Force, National Center for Lesbian Rights, National Stonewall Democrats, National Coalition for LGBT Health, Pride At Work (AFL-CIO), National Coalition of Anti-Violence Projects, Mautner Project and National Center for Transgender Equality) that issued a statement on Thursday opposing a trans-free ENDA.
However, as I commented on Pam's House Blend I believe that a compromise position would be to have an "Upperdown vote" on the original trans-inclusive version of ENDA and if that failed, then you could bring up a version of the bill without the "gender identity" provision. At least my way would innoculate the sponsors of ENDA from charges of "throwing transgenders under the bus" if a vote on a bill in which both issues were linked was able to occur. However, legislatively, it might be impossible to have two bills heading for the House floor nearly simultaneously.
Also, I do feel like after so many decades of public service to the LGBT community Barney Frank has earned the benefit of the doubt and should not be subjected to invective on this strategic legislative decision he has made to attempt to engineer the passage of the first federal non-discrimination bill inclusive of sexual orientation in U.S. history.
The thing is Bush will veto ENDA with or without trans protection, and there's not enough votes for an override.
ReplyDeleteSo it's always been a symbolic vote. Not to say symbolism isn't important -- being willing to toss aside the most vulnerable members of the LBGT communities without even an attempt to line up more support sure sends a signal to the pro-bigotry side: we're willing to cave even before things get serious.
Rather than cutting loose trans people without warning, Frank and company could have said, "hey folks we need more votes, go lobby your representatives."
This isn't "half a loaf is better than none," this is "You can starve as long as I get mine."
As far as waiting politely...
Did gays and lesbians "wait their turn" when they pushed for inclusion in civil rights legislation in the '70s, when they were told doing so might harm efforts by racial minorities?
Did they "wait their turn" when they demanded funding for HIV/AIDS research and finding a cure for it get higher priority in the '80s, when established groups felt that doing so would take badly-needed money away from other fatal diseases?
Did they "wait their turn" when they demanded that their rights be acknowledged and respected in the '90s?
Did they "wait their turn" in 2003 when they pushed for marriage equality in the face of warnings that it could have a disastrous impact before a critical presidential election?
And color me cynical, but "we'll come back for you later" hasn't had a particularly good track record.
In New York and Maryland, trans people helped pass LBG anti-discrimination laws six years after being told to wait. Six years later they're still waiting -- and left to fend for themselves while LGB organizations focus on marriage equality.
In Barney Frank's home state, LGB anti-discrimination laws were passed 17 years ago. Trans people are still waiting.
Trans people have been in this fight a long time -- if you haven't heard about it, it's because but it took 10 years before the LGB organizations would agree to let us take part in ENDA.
But if any of this doesn't convince you, think about this: omitting gender identity leaves a huge loophole to be exploited by careful bigots, e.g. "We didn't fire you because you're gay/lesbian, we fired you because you're nelly/butch."
As Martin Luther King Jr. said, in the long run it would be the arguments of our enemies, but rather the silence of our friends, that will be remembered.