Thursday, July 02, 2009

Making Calls in Support of ENDA

For the last week, in my capacity as an NCTE intern, I have been making calls to congressional staffers to urge them to have their member of Congress sign-on as a co-sponsor to the Employment Non-Discrimination Act (ENDA). To be honest, it can be slightly nerve racking to make a cold call to a congressional office, and eventually I did get tired of hearing my own voice. Yet, I was surprised with how rewarding the simple act of making a call can be. Over the course of a week I spent several hours calling and witnessed the number of co-sponsors jump quite significantly (we currently have 127 co-sponsors).

Certainly I cannot take sole credit for this, many others in the office were also making calls, and I know many of you at home were doing the same. The rollout of ENDA was yet another example of the power of grassroots action. I had many a staffer tell me that they had met with constituents or received calls from them in regards to ENDA and would be looking into co-sponsorship. The next day I would see their names added to the list.

So thank you to all of you who have already made calls. Let’s keep it up! I promise when you see your member’s name added to the co-sponsorship list you will feel the same sense of satisfaction I have these last few days.

You can find out who your Representative is by following this link. Once you find out who your Representative is you can go to their website to find the number of their DC office or you can call the Congressional Switch board at (202)224-3121.

Monday, June 29, 2009

Let the revolution continue


Forty years ago, queer people famously fought back against the police when they raided a bar called the Stonewall Inn in New York City. It was a time when people whose sexual orientation or gender identity set them apart from society had begun to form political, social, religious and cultural institutions where they could gather with like-minded people. The revolutionary impact of Stonewall was not that organizing hadn’t taken place before; it was that when the police cracked down on the patrons of the Stonewall Inn, they were met with people willing to defend their rights with increasing strength. Symbolically, it meant that government and societal oppression would not be simply accepted or left unchallenged.

The people in that bar used different words to describe themselves and faced a different world than LGBT people today do. In a very real sense, we are the descendants of those rebellious people of Greenwich Village and the pioneers who worked for LGBT rights before and after those famous nights in June 1969.

At NCTE, we honor all those who stood up for themselves and, ultimately, for us. We recognize that among the people at the Stonewall Inn on that fateful night were people along a wide range of the gender spectrum—drag queens, butches, cross-dressers and more. Their courage and determination moved us forward.

This year, the White House is holding a reception to honor the anniversary of Stonewall and this is how it should be. It is important that the highest levels of our government recognize the times when Americans took action to make our society freer and brought it further in line with the democratic ideals we proclaim. It is more important, however, that we are inspired to continue that work and keep alive the spirit of self-determination.

NCTE is attending this afternoon’s reception as a way of honoring the transgender people and those who fought beside them in the Stonewell Rebellion. It is also a way to reaffirm that civil rights for transgender people must apply everywhere from city streets to Pennsylvania Avenue.

Let the revolution continue …

View the video of President Obama's remarks.

Friday, June 26, 2009

Week in Review

It's been a busy week, so we put together a summary of the major pieces of legislation and policy that we have been working on, plus detailed information about how you can learn more and take action.

This has been an important week in our work for transgender equality. Find out now what you can do. View our Week in Review.

Thanks!

Thursday, June 25, 2009

Hate crimes hearing

The Senate Judiciary Committee's hearings on S.909, the Hate Crimes Prevention Act, are still available on their website. Follow the link on Harper Jean's post below to view it. You can also view NCTE's testimony online.

Please continue to tell your Senators to support the measure and work for its passage. If you call the Senate, please make sure that you are absolutely clear that you support the bill.

Live webcast of Senate Hate Crimes hearing

The Senate Judiciary Committee holds a hearing today at 10 a.m. on the Matthew Shepard Hate Crimes Prevention Act of 2009. Witnesses will include Attorney General Eric Holder and U.S. Civil Rights Commissioner Gail Heriot, among others. The hearing will be webcast live from the committee's website. Hearing video is also typically archived for later viewing.

Wednesday, June 24, 2009

New York Times article on federal employees

Today's New York Times includes an article about the Obama Administration's work to ban employment discrimination based on gender identity. You can find the story in the print edition on page A17 and online.

The article includes statements from John Berry, the Director of the federal Office of Personnel Management and NCTE's Mara Keisling:

"'The president is making a very clear statement that transgender people won’t be discriminated against,' said Mara Keisling, the executive director of the National Center for Transgender Equality, a group that has been talking with the White House about the new provisions."

Tuesday, June 23, 2009

Eliminating Prison Rape

This morning, the National Prison Rape Elimination Commission issued a comprehensive report of its work to investigate the causes and impact of sexual assault in prison and their recommendations of ways to address and eliminate this crime. The bipartisan commission was formed as a result of the Prison Rape Elimination Act of 2003, which was passed unanimously by both houses of Congress.

The report demonstrates a notable awareness of transgender issues, with sensitivity and specific recommendations to address the very clear and heightened risk of sexual assault faced by transgender people who are incarcerated. At NCTE, we applaud the work of the commission and their inclusion of urgently needed standards to increase the safety of transgender people within the prison system. We particularly want to thank all of the transgender and allied advocates who advised the commission and the transgender people who courageously shared their stories that became a part of this report. The impact of their work is clear here.

The rape of prisoners by officials, guards and other inmates is unconscionable and must never be tolerated. We hope that today’s report will move us one step closer to safety for transgender people who are behind bars.

Some of the transgender specific areas of the report include:


  • A recognition that transgender people are particularly at risk for rape and the use of examples of transgender people who have suffered sexual assault

  • A call for the determination of inmate placement on an individual basis, which is to include a consideration of multiple factors and not simply genital status

  • An emphasis on protection, rather than segregation: “Segregation must be a last resort and interim measure only. The Commission also discourages the creation of specialized units for vulnerable groups and specifically prohibits housing prisoners based solely on their sexual orientation or gender identity because it can lead to demoralizing and dangerous labeling.”

  • The need for screening of prisoners for risk factors, including gender identity and gender non-conformity, that could make them more vulnerable to sexual assault

  • A recognition of the particular risks faced by transgender girls who housed with boys in youth facilities, as well as the dangers to adult transgender people

  • The inclusion of specific language addressing searches of transgender people, “Medical practitioners conduct examinations of transgender individuals to deter¬mine their genital status only in private settings and only when an individual’s genital status is unknown.”


The full report can be ordered, viewed or downloaded on the Commission’s website at http://nprec.us/publication/download/

We will continue to work with advocates for transgender people who are in prison and look to the implementation of the commission’s work.

Thursday, June 18, 2009

Mara Keisling Really Just Did Say That

Whenever I am fortunate enough to be on national television, it seems to get a lot of attention in the trans community. Usually NCTE will hear from transpeople and allies and enemies and usually, no matter how good or bad I thought the particular appearance, we get both positive and negative reviews. Oddly, this time, it was not my appearance on CNN news last week that got the attention and comments, but my giving background information on the telephone to a reporter from CNN.com. We don’t actually keep track, but I think this is the media mention that has generated the most comments in NCTE’s history—both good and bad—and I find that really interesting.

At NCTE, all of us have learned to listen to the comments and learn from them—sometimes we learn to communicate better to the media and sometimes we learn that we need to communicate with transpeople better.

It is clear though that, at the very least, we haven’t adequately communicated to our own family about how and why we do media and what are the things we’d like you to take into account when you hear us in the media. First, be assured that we have a very passionate commitment here to do the very best we know how to do to make a positive difference in the lives of trans people. We may not always get it right, and we recognize that as transpeople we don’t always agree, but everything we do is with an eye towards furthering trans equality.

Let’s talk about what was in the CNN story and how it happened and then I’ll explain why I stand by what I said—though I believe it was given more emphasis than it should have.

Last week, as most of you know, a celebrity was reported to be transitioning. The celebrity in question is not someone I have ever met. Neither he nor his publicist has been in touch directly with NCTE. However they did issue a statement confirming the transition and asking for privacy. This meant that NCTE was going to get calls, but we are very resolute about respecting every transperson’s privacy. If a reporter asked a direct question, giving a “no comment” or too evasive of a response could be read as a negative comment (i.e. we have some issue with this person in particular and that’s why we won’t say).”

The first thing we do at NCTE when a potential big news story emerges is gather a group of experts and advisers and consider a) what is the right messaging and b) who are the right messengers. We take our messenging very serious and approach it thoroughly, thoughtfully and professionally. In this case, the who was much clearer than the what. The half dozen or so folks who met about this initially agreed that one of the best parts of this story was that it was among the first times a celebrity or potential celebrity was going public from the FTM spectrum. This might be a chance for us all to address the relative invisibility of transmen. With that assumption, we all agreed that the best spokespeople for this story would be transmen. Thus, I did almost no media interviews, background or otherwise—just the very first CNN request, a Florida newspaper when a reporter I knew called, and then the CNN television thing when none of the several prepared transmen were available to be near a suitable studio.

So before we had assembled and discussed a strategy, a reporter from CNN called and said something like “so I suppose you have heard that Chastity Bono announced she is having sex change surgery.” I said something like, “be careful, that is not what the announcement from his publicist said. It said he was transitioning.” The reporter said something like “I don’t understand. Don’t you need to have sex change surgery to transition?”

I then explained factually, as I have done over the years to dozens and dozens of reporters that no, transitioning is first and foremost not about surgery but about gender identity and living and expressing that identity. For some people surgery is desired or necessary, for others it is not. For some there are medical contraindications that preclude surgery. And many, if not most, trans people just can’t afford it and many others don’t feel surgery is necessary for them to live consistently with their gender identity. In fact, most transpeople do not have any kind of surgery.

I know that the general public and even transgender people find that surprising, but it is nonetheless true. Every study that I am familiar with supports that. The findings from a survey of 6,500 transpeople that NCTE has jointly conducted with the National Gay and Lesbian Task Force will be released soon and that study supports this as well. I have no doubt about the accuracy of what I said. Whether it is interpreted to be about “transgender” people, “transsexual” people or even “transsexual people who are living consistently with their gender identity,” it is still accurate. Very few trans people ever have surgery. More importantly though, and the point I made to CNN, is that the important thing for them to consider when covering transgender people is gender identity not surgery.

We have seen that the media and public preoccupation with transition-related surgeries has had demonstrable negative impact on policies that affect transpeople. It should not be acceptable to us or to society that people’s human rights or access to appropriate ID documents or ability to live safely be dependent on their ability to be able to afford surgery which most transpeople cannot. And the preoccupation with our surgeries and the assumption that we all have surgeries or want surgeries makes these bad realities acceptable to the public.

As our collective work to make medical care more available to transpeople succeeds, the numbers of surgeries are likely to rise, but we have an obligation to discuss the realities of transgender lives in ways that are true to who we are and also help advance humane and useful policies.

A challenge to nondiscrimination falls flat

Opponents of equality, recognizing that they are losing the public debate, have been arguing in a variety of contexts that recognizing the basic civil rights of transgender people, and of LGBT people generally, will somehow threaten the rights of others. These claims are always either nebulous or demonstrably false, so it is no surprise that they were soundly rejected by voters in Gainesville, FL in March of this year. The truth is that securing equality for transgender people in employment, housing, education and public accommodations harms no one and benefits everyone. Although opponents have tried to focus these debates on bathrooms, the truth is that transgender people have to use the bathroom just like everyone else.

This point is illustrated by an ill-conceived, and recently dismissed, lawsuit brought to challenge California Senate Bill 777, which prohibits discrimination based on gender identity or expression in education. Anti-equality groups brought this lawsuit last year, claiming that SB 777 is overly vague and violates the rights of teachers and students. They argued that students and teachers would be at risk of unintentionally discriminating against other students because they were unable to ascertain other student’s gender identities. They also argued that students’ safety and privacy would be threatened by having to share a locker room with a transgender student. Several LGBT organizations filed a friend-of-the-court brief in the case extensively rebutting these arguments.

Two weeks ago, the Sacramento Superior Court dismissed the suit, saying it was meritless. The court said there was no reason to think the law would be difficult to apply, and the fact that identical laws have been in place in numerous other jurisdictions, and in different areas of California law, without difficulty, indicates that it is not too vague. The court also said that the challengers failed to point to any instance in which the law threatened any individuals’ safety or privacy. The only incident alleged in the suit concerned a student who claimed he was forced to use the same locker room as a transgender student. The court said that this bare, “conclusory” allegation did not suggest any threat to anyone’s safety or privacy. The court appeared to accept, as the LGBT groups argued in their brief, that merely being uncomfortable around someone else is not a violation of one’s rights.

This ruling will doubtless be appealed, and just as surely it will be affirmed. The groups bringing the suit declined the court's invitation to add further allegations showing how students or teachers would be harmed by the nondiscrimination law. Tellingly, the groups declined to do so. In court, opponents of equality can't simply recite vague concerns about "privacy and safety"; they have to be able to back them up. The problem for equality opponents is that they can't back these arguments up with any specifics; there is nothing to them.

Monday, June 15, 2009

46,584 Federal Jobs Available

A survey conducted in 2006 by The San Francisco Bay Guardian and the Transgender Law Center in the San Francisco Bay Area found a 35% unemployment rate among transgender respondents. We understand that employment discrimination coupled with the downturn in the economy has made it even more difficult for many of us to find jobs.

According the USAJOBS, the official job site of the US Federal Government, there are 46,584 US Government job opportunities worldwide. The Federal Government currently reports that they do not discriminate against applicants on the basis of gender identity and expression. Here at NCTE we are working with our allies to urge the Obama administration to issue an executive order that would solidify a nondiscrimination policy that unequivocally protects transgender applicants from employment discrimination within the Federal Government. We are also actively encouraging the Obama administration to hire qualified transgender people.

Go to http://www.usajobs.gov/ if you are interested in applying to any of the many job opportunities available in the federal government.