Social Justice

First, the good news. As reported at the CCH Internet Research Network,

A federal district court in the District of Columbia concluded that a male-to-female- transsexual job applicant could proceed with her Title VII sex bias claim against the Library of Congress, which allegedly withdrew its job offer for a terrorism research analyst position with the Congressional Research Service after the applicant disclosed that she was under a doctor’s treatment for gender dysphoria and would be transitioning to a female before beginning work with the agency.

That is great news as it helps to shore up job protections for transgender people.

Now the not so good news. Earlier we had posted alot about ENDA, the Employment Non-Discrimination Act. This act was to have employment protections for all of us in the GLBTIQ alphabet. However, the trasngender piece was pulled out in order to create a bill that had better chances of passing in Congress. That made alot of us pretty unhappy. But it appears that removing the transgender protections from ENDA may have even more far reaching consequences. Again, as reported in the same article at CCH Internet Research Network,

the court also noted that the House recently passed the Employment Non-Discrimination Act (H.R. 3685), which would ban discrimination only on the basis of sexual orientation, not gender identity, suggesting that as a result, the applicant’s definition of sex under Title VII might be too expansive.

The result may be that Title VII cannot be used in a way that allows protection against discrimination based on sexual orientation and gender because ENDA had the transgender portion removed.

FOR IMMEDIATE RELEASE
November 2, 2007

Boston to honor Transgender Day of Remembrance
Vigil and Speak-Out, preceded by Town Hall Meeting, on Sunday, Nov 18

On Sunday November 18, Boston’s transgender community, with
family, friends and allies, will gather at the Arlington Street Church
to remember and honor transgender victims of violence. The
Remembrance observance will be preceded by an afternoon Town
Hall Meeting conducted by the Massachusetts Transgender Political
Coalition (MTPC).

The Transgender Day of Remembrance observance starts in the
Arlington Street Church sanctuary at 7PM. The program includes
invited speakers followed by a community speak-out, then a
candlelight vigil to Copley Square, returning to the church for a
warm-up reception.

Included this year will be a presentation about the honoring of Debra
Forte, a Haverhill transgender women murdered in 1995. A stone
bearing her name was placed this past fall in Boston’s Garden of Peace,
a memorial commemorating victims of homicide.

Starting at 3PM, all are welcome to MTPC’s Town Hall Meeting, for an
opportunity to hear from and speak with some of our state’s leading
transgender activists LGB allies. Each year MTPC holds this meeting to
inform the community about the work of MTPC and the state of
transgender rights in Massachusetts and at the Federal level. This
year’s keynote speaker is Representative Carl Sciortino, who will be
speaking about the pending Massachusetts legislation HB 1722, “An Act
Relative to Gender-Based Discrimination and Hate Crimes”.

MTPC will also be providing training and information on how to reach out
to and educate legislators about HB 1722 and the issues transgender
people face in Massachusetts. There will be presentations about MTPC’s
activities, followed by time for feedback and commentary. MTPC
particularly encourages those who want to learn more about
Massachusetts Transgender Political Coalition and/or HB 1722 to
attend the Town Hall Meeting.

Boston’s transgender and LGB community extends a warm welcome to all
who would like to attend this important event to memorialize our dead
and underscore the seriousness of the suffering of our communities.
No persons should be subjected to violence simply because of their
gender identity or expression. No persons should be denied the basic
rights that enable their safety and security. Please join with us on
this day to remember our dead, whatever the cause of their departure.

Co-sponsors of Boston’s Transgender Day of Remembrance include TransCend
of Cambridge Cares About AIDS, Keshet, BAGLY, GLSEN Boston, and MTPC.

For the latest list of sponsors and details about the day’s events,
please visit http://www.masstpc.org/dor

Event Background:
Eight years ago at this time, Boston’s LGBT community recoiled in
horror at the discovery of the latest victim of transphobic violence.
Rita Hester, a popular figure in the local rock `n roll scene, who
also happened to be a transsexual, had been found brutally stabbed to
death in her Brighton apartment. Like so many killings of gay and
transgender persons, the victim was subjected to enough brutality to
kill her many times over.

A local community of queer activists, rockers, family, friends and
allies – over 250 of them – came together and held a speak-out and
candlelight vigil in Rita’s honor, forming a human stream of light
winding its way through Rita’s old Brighton stomping grounds. One
year later, a memorial vigil was held in San Francisco; the following
year Boston and a few other cities joined in, and this year hundreds
of observances will be held in dozens of countries.

Boston’s transgender community remembers Chanelle Pickett, Debra
Forte, Monique Thomas, and Rita Hester, all of whom were more recent
local transgender victims of unusually violent and hateful murders.
Before these, there were many more, mostly uncounted and unnoticed by
all but their friends and family.

These events are free, open to everyone, and there will be limited
video/photo policy will be in place. For more information visit
www.masstpc.org. If your organization would like to become a sponsor
of TDOR or you would like to volunteer helping to organize the event
contact Nancy at nnangeroni@masstpc.org. If your organization would
like to sponsor the Town Hall meeting or you are member of the press
contact Gunner gscott@masstpc.org

Mon/Tues call you congressional rep ask them to SUPPORT THE BALDWIN AMENDMENT TO ENDA (H.R. 3685)

The Vote will be this Wednesday.

This is our last effort to include gender identity in ENDA. As of now, it looks like there will be a vote on the Amendment and then on the overall ENDA bill next Wednesday, October 24. Please call your congressional legislator and ask them if they are supporting HR 3685 and if they will support the Baldwin amendment.

We need a big push on Monday and Tuesday!

We need to convey a specific, very targeted message that we want our Congressional representatives to vote YES on the Baldwin Amendment to put gender identity back into ENDA.

You can call your Representative right now at 202-224-3121, even if you have already called him/her already about this issue. Tell him/her to support the Baldwin Amendment to H.R. 3685.

You can learn more about House Bill 3685 at:

• The U.S. Government via Thomas’s Register HERE.
• GovTrack.us. H.R. 3685–110th Congress (2007): Employment Non-Discrimination Act of 2007, GovTrack.us (database of federal legislation) HERE
• The Baldwin announcement is at Representative Baldwin’s press release at her site here.

Call 202-224-3121 and ask to be connected to your representative. You can find your Congress Contact at this link at the United States House of Representatives: http://www.house.gov/writerep/

If your in Massachusetts, please click on over to the Massachusetts Transgender Political Coalition to let them know you called and what the outcome was. This will help them report in how Massachusetts is voting. Click to MTPC and their report HERE.

(notice courtesy of Massachusetts Transgender Political Coalition )

October 11, 2007

FOR IMMEDIATE RELEASE
Press Release -Congresswoman Tammy Baldwin
Wisconsin’s Second District

Statement on ENDA

“Keeping Our Eyes on the Prize”

I have always been a strong supporter of guaranteeing full civil rights for all in the lesbian, gay, bisexual and transgender
community. My work on this issue will continue until these protections become law.

I strongly support H.R. 2015, the Employment Non-Discrimination Act of 2007. For many years, I have worked closely and tirelessly with people in the LGBT community and our allies to build support for this important legislation. I have personally spoken with well over one hundred Congressional colleagues, explaining the importance of this particular bill, listening to their concerns, and answering their questions. As a result of all of our work, and that of Congressional supporters, 171 Members of Congress have co-sponsored thelegislation, authored by Congressman Barney Frank (D-MA), which protects not only gays, lesbians and bisexuals, but also provides equally strong prohibitions against discrimination based on gender identity.

Last weekend, Speaker Pelosi, in remarks before the Human RightsCampaign National Dinner, said: “I strongly believe that transgender individuals deserve the same rights and the same protections as any other Americans and will work to see that ENDA also protects their rights.” I share her sentiments.

Soon, I expect the House Committee on Education and Labor to consider this issue. It is my hope that the Committee will take up H.R. 2015 and pass it. I further hope for, and continue to work towards, passage of legislation by the full House, banning employment discrimination based on sexual orientation and gender identity.

All of the Democratic leaders involved in this discussion are committed to employment non-discrimination protections for
transgender Americans. We share a common goal, but disagree over process and strategy. Yet these procedural and strategic decisions are important because they affect the ultimate question of how and when we can most quickly pass protections that include transgender people. This is how a democracy works.

I am under no illusions about the challenges of achieving our goal. But, the quest for advancement of civil rights in our nation has never been easy. It is precisely because of the discrimination these groups experience that this legislation is needed.

As is the case with all legislation, there is no guarantee of success. Everyone pressing for this legislation knows that. We know that opponents of workplace protections may offer any number of amendments designed to derail the bill, including, perhaps, an effort to remove protections based upon gender identity. I believe we must boldly face these challenges.

Perhaps some of these hostile efforts will be successful. That should not deter our work. We must bring the strongest possible bill to the floor of the House for a vote. If our adversaries wish to erode protections in the bill, we must be prepared to face that challenge and make our case.

However, I believe it is a mistake to concede defeat on any issue, before our opponents even raise it.

In recent weeks there have been many efforts which have had the effect of distracting allies from the work at hand.

The House leadership afforded supporters of the fully inclusive bill two weeks to demonstrate that sufficient support exists to withstand worst-case scenario assaults on the bill. My work whipping Members on passage of a fully inclusive bill continues. I hope that the effort will culminate in sufficient evidence that the votes exist to withstand attacks and pass a fully inclusive bill.

Toward that end, I encourage all advocates to focus their efforts on building Congressional support for H.R. 2015. There will be ample time to consider distracting issues later. For now, let us keep our eyes on the prize.

# # #

Congresswoman Tammy Baldwin
Wisconsin’s Second District
2446 Rayburn H.O.B. 10 E. Doty St.
#405 400 E. Grand Ave. #402
Washington, DC 20515 Madison , WI
53703 Beloit , WI 53511

Phone: 202-225-2906
Phone: 608-258-9800
Phone: 608-362-2800

Contact:
Jerilyn Goodman
608-251-8737
Cell: 608-347-6557
jerilyn.goodman@mail.house.gov

In late breaking news on ENDA, Beck’s Cafe has just learned, via an email from MTPC cancelling a planned vigil at Barney Frank’s office regarding ENDA, that Barney Frank will not split ENDA and it is going to include both sexual orientation and gender identity as the original bill was designed. As many of our coffee swilling readers will remember from our post, “Transgender Rights Hailstorm“, Barney Frank had stated he was going to remove support for transgender rights from ENDA (see his news release on that topic by visiting his site HERE). But now, Barney Frank is going to support the full bill and is not going split ENDA and is going to be including both sexual orientation and gender identity.

Barney Frank’s change of heart is a great thing to see and Beck’s Cafe is brewing a fresh pot up for him!

Also, The Human Rights Campaign, which had issued this public response regarding the removal of the transgender piece of ENDA, has now signed onto a petition publicly stating that:

Our organizations support the Employment Non-Discrimination Act as introduced (H.R. 2015). Although we believe that the bill’s sponsor, Congressman Barney Frank (D-MA), and the House Democratic Leadership have a sincere desire to protect the LGBT community from discrimination, we believe the process and strategy that has been adopted is a mistake. That mistake is compounded by moving forward with a markup tomorrow.

You can read the HRC statement by visiting their site at this link HERE.

Finally, according to a National Center for Transgender Eqality (NCTE) ENDA email update statement, on 10/1/08 around 8PM EST by Mara Keisling and a phone update from NJ Congressman Russ Holt (as posted at Pam’s House Blend), it appears time has been bought on the side of proponents of ENDA to get congress and other allies on board. The meeting on the bill for Tuesday October 2nd, 2007, has been postponed until the end of October.

Talk about a fast changing bill! But everyone reading Beck’s Cafe’s coverage and who had a chance to call or write your congressmen and women all were a part of this small victory. So THANK YOU!! There is a much work to be done in the next few weeks!

(For past coverage of ENDA at Beck’s Cafe, please visit these stories, “Enda - Time to make some phone calls“, “Continued Coverage on ENDA - Sean Hannity, ADA and James Byrd“, “Continued Coverage on ENDA - Robyn’s Story“, “Petition Drive to Support a Complete ENDA“, “Transgender Rights Hail Storm“ )

Last night a friend and I were talking on the phone about ENDA. Realizing we might be among those at risk we wondered if GLAD was going to weigh in on this issue? It was encouraging to see that they too felt that removal of support for the transgender in ENDA was wrong…..It was nice getting this in my email late today….

	Dear Rebecca, GLAD is concerned about a recent step taken by Congressional leaders that threatens to undermine passage of a full and trans-inclusive Employment Non-Discrimination Act (ENDA). The LGBT movement has been unified in its commitment to an inclusive ENDA that outlaws workplace discrimination based on sexual orientation and gender identity. This recent effort to put forth a version of the bill excluding gender identity is out of touch with what the community has clearly stated it supports. We need your help today to ensure that no member of our community is left behind. Contact your Representative, and Speaker of the House Nancy Pelosi at 202-224-3121 and let them know that you oppose legislation that is not fully inclusive. Our Massachusetts supporters have a unique opportunity to impact the course of this legislation by contacting the bill’s sponsor, Representative Barney Frank. Urge Representative Frank and Speaker Pelosi to let Congress vote on the original version of ENDA, HR 2015, the version that was asked for, worked on, and supported by the community. We at GLAD know that a strong and successful movement depends on unity and mutual support. We don’t compromise on essential civil rights. Thank you for doing your part to ensure equal protections for all Americans, Lee Swislow Executive Director gladlaw@glad.org Gay & Lesbian Advocates & Defenders (GLAD) is New England’s leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression. Since 1978, through impact litigation and public education, GLAD has worked to create a better world for lesbians, gay men, bisexuals, transgender individuals and people living with HIV. To learn more about GLAD and be added to our e-mail list, please visit our website. To help GLAD fund the fight for lesbian, gay, bisexual and transgender equality, please make a donation today - visit our Donation Page at www.glad.org/Donate_to_GLAD. If you would like to be removed from our email list please send a message from the address where you received this message to unsubscribe@glad.org. Thank you for getting involved and for supporting GLAD.

We downed an espresso shot then called Pelosi’s office and got a recording so we could register what we at Beck’s Cafe felt about the removal of transgender protections from ENDA. It was surprising they had space to record what we wanted to say. We then rang up our congressman, Ed Markey, and found out he was indeed supporting ENDA!! How nice We asked would he pretty please call up Mr. Frank and ask that he, perhaps, change his mind? You have to wonder how fruitful any of this effort is, but, who knows. Still the whole course of events is disappointing in the extreme.

Ms. Pelosi’s part in all this is especially troubling since we had written how helpful she had been to the transgender community. Please see our previous article on her at Beck’s Cafe, entitled, “Nancy Pelosi, what to expect for the transgender“.

(For past coverage of ENDA at Beck’s Cafe, please visit these stories, “Continued Coverage on ENDA - Sean Hannity, ADA and James Byrd“, “Continued Coverage on ENDA - Robyn’s Story“, “Petition Drive to Support a Complete ENDA“, “Transgender Rights Hail Storm“ )

It’s been a whirlwind this weekend on ENDA…but here’s some additional coverage on ENDA from this weekend. While certainly we barista’s at Beck’s Cafe don’t claim to have complete coverage, we do share what we found interesting.

• Sean Hannity, in the midst of ENDA, debates that anti-discrimination laws like ENDA are ultimately powerless. He brings up the recent 10th US Circuit Courts decision that the 1964 Civil Rights Act does not apply to trans people. As Sean starts off the post, “I read this case and could not stop laughing. What extremes people will go through to deny jobs to the transgendered. They could not fire her because she was transgendered, so they fired her because she might get beaten up while using a ladies room while at work. And the conservative 10th circuit bought it. They had to be on crack!”

• Kate, over at Forked Tongue and a Dirty House, also has coverage of the 10th US Circuit Courts decision that the 1964 Civil Rights Act does not apply to trans people, as well

• Lane Hudson writes at the Huffington Post that he doesn’t want a sex change; but that transgender protections being kept in ENDA are still the right thing to do.

• Jenn Burlenton over at Trans Group Blog notes that “Trangender people have no choice but to move forward. They move forward politically, socially and educationally in securing full equality and safety for transgender adults and MOST importantly, children and youth. Transgender citizens move forward by not being held back by those whose loyalty to the lesbian, gay and bisexual community prevents them from either fully understanding the needs of transgender individuals, or from being willing to risk a setback for some in order to assure equal protections for all.

• Dr. Jillian Todd Weiss writes at Transgender Worksplace Diversity that “Pushing transgender people out of the way undermines the fairness message of ENDA, and will be a terrible misstep. ENDA is about not allowing prejudice to have its way, and I commend that message to the sponsors of ENDA”. She’s got alot more to say as well and she’s worth spending some time with at Transgender Worksplace Diversity.

• Nadine Smith writes over at the Billerico Project that this exact same scenario as we have with ENDA cutting out the transgender support happened with the American With Disabilities act AND in Texas with legislation that was enacted after the James Byrd racial murder in Texas where the Byrd family refused to support legislation that protected their son James Byrd, but was not going to protect those like Matthew Shepherd. As she puts it, “To cut out, to throw out protection regardless of gender identity/expression is to cede that moral authority. It is to confirm for our political enemies that a dividing line within the human family is acceptable–the haggling about who is worthy and who is not is all that remains”.

• The Advocate reports that Barney Frank is going to introduce separate legislation for ENDA and GENDA. GENDA being a separate bill for transgender protections. At the Cafe, we fell a bit like this is a “hey we cut you out of the real support but here’s something to keep you busy so you don’t notice”. The Advocate quotes Mr. Frank’s spokesperson, Steven Adamske , “The other one, GENDA if you will, will move on a separate track and will give the ability for the committee and other lawmakers to hold hearings on it and better educate other lawmakers,” So lawmakers had no clue about transgender issues before this? We almost sputtered our coffee onto the counter reading that.

• Becky Juro, a talk show hostess for The Becky Juro Show, and writer gives an excellent historical perspective to how the GLB part of the community has booted the Trans part out on more than one occasion. She also gives a call to action, “It’s time to get pissed off again and start calling out people and organizations out when they deserve it. It’s time finish the job that we started in 2004 and knock HRC from its undeserved perch as the leading LGBT civil rights organization and replace them with an organization which understands that civil rights are for everyone, even when they interfere with the interests of rich white gay guys. NGLTF isn’t perfect, but they’re far closer to that ideal than HRC has ever come or ever will”.

• Pam’s House Blend has a nice roundup from the huge amount of reporting perking in her pots at her place, including the very important point that gender identity in ENDA protects intersexed people; so Barney Frank and friends want to jettison them too??

For past coverage of ENDA at Beck’s Cafe, please visit these stories, “Continued Coverage on ENDA - Robyn’s Story“, “Petition Drive to Support a Complete ENDA“, “Transgender Rights Hail Storm“

We’ve been swilling coffee and trying to cover a bit of what is happening with ENDA here at Beck’s Cafe. We started with:

• Transgender Rights Hail Storm
• Petition Drive to Support Complete ENDA

We’ve got some more for you that is well worth 10 minutes of your time. Robyn is a professor of computer programming. Sounds safe enough profession wise to come out and transition? Read her story at her blog here and the conversation in the comments afterward.

Historically other groups have also been told they couldn’t have job including the Jews. That’s right. Read Peter Flom’s view point on the developments on ENDA on his blog here from his perspective and he’s not Transgender.

The Transgender Law Center and the National Center for Transgender Equality are jointly sponsoring an online petition that they will submit to Ms. Nancy Pelosi to keep Transgender people in the ENDA bill. Please consider signing the petition as soon as possible. It only takes a few seconds. Then pass it on.

You can reach the petition at here: http://www.ipetitions.com/petition/transgender_inclusive_ENDA/

(thanks to Mike at The Transgender Planet for bringing this to our attention)
(You can follow some of what is happening on this important topic by checking the links on this article at Beck’s Cafe: Transgender Rights Hail Storm ) 

There is, literally a hail storm of happenings regarding ENDA and The Matthew Shepard Bill, and how what happens to those bills on the national level could effect our efforts in Massachusetts on “House Bill #1722: An Act Relative to gender-based discrimination and hate crimes“.

Frankly, my head hurts. I don’t know whether to be mad as hell or cry or think, I and my sisters and brothers might have a much harder time getting jobs than we all thought. Having lived on welfare before, I can tell you it’s not a vacation.

Rather than tipping over a pot of coffee of blind rhetoric here at Beck’s Cafe right now, we are going to link in some of the outstanding conversations happening on the net on ENDA. The Mattehew Shepard Bill actually had good news as it passed the Senate.

ENDA conversations we’d recommend you check in on:

• Pam’s House Blend does her usual great job of coverage so check in on the conversations at her site here. Scroll down to see the coverage throughout the front page.
• A Hidden Saint over at the Daily Kos has two posts with hundreds of comments and discussion
  • Part 1 of the discussion at The Daily Kos
  • Part 2 of the discussion at The Daily Kos
• Congress Barney Frank issued this statement, STATEMENT OF BARNEY FRANK ON ENDA,
• Congresswoman Tammy Baldwin withholds name from non-transgender ENDA, see story at gaycitynews

There is some worry that with ENDA being stripped of transgender protections that support for Massachusetts HB 1722 might get weakened. That would be a bad thing. What happened in Key Largo could happen to any of us and we’d have almost no recourse.