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Throwing the T overboard to save the LGB

There’s an ongoing debate in progressive and LGBT communities about whether or not Congress should pass the Employment Non-Discrimination Act (ENDA), a bill that would make it illegal for employers to discriminate on the basis of sexual orientation.

Yes, that’s right: Unless you live in a state with very good anti-discrimination legislation, your employer can terminate you for the sole offense of being gay, lesbian or transgender. And there’s no federal law against it.

Bush will likely veto the bill, but it’s nonetheless an important step. Progressives, though, are divided over a revised version of the bill that omits gender identity from the protected classes. So, should ENDA pass, you can no longer be terminated from your job because you’re gay. But you can be terminated for being transgender, or for not conforming to a traditionally gendered appearance. Rep. Barney Frank, who is openly gay, says that Congress should pass ENDA anyway, and that “it would be a grave error to let this opportunity to pass a sexual orientation nondiscrimination bill go forward, not simply because it is one of the most important advances we’ll have made in securing civil rights for Americans in decades, but because moving forward on this bill now will also better serve the ultimate goal of including people who are transgender than simply accepting total defeat today.”

It’s a compelling point, and all-or-nothing activism has its problems. But I find Pam’s argument more convincing:

Anyone who regularly reads the Blend knows that I generally fall into the pragmatist camp on many issues, including marriage equality, and know full well that political strategy and policy advancement is as important as purist activism. However, as a minority within a minority within a minority (female, black, lesbian), for me this one issue is a no-brainer — I know what it is like to be marginalized by more than one of the groups I inhabit.

To think that the decision to dump T protections is based on the fact that we should help the largest group of marginalized folks at the expense of a subset is horrible, particularly when proposed so quickly by our own — and allies on the Hill. A trans-inclusive ENDA would have been a symbolic vote, given Bush would veto it anyway, yet Ts were sold out in a flash because, in the minds of some, the floor debate, which will be contentious at any time given the kind of tactics the religious right uses, is too frightening. Just incredible. Leadership without a spine.

She also includes this bit from Michaelangelo Signorile, which I think gets to the heart of the issue:

Even though we believe marriage is the goal we herald civil union gains as an interim measure. But that doesn’t wash: Whether it’s marriage or civil unions it’s still for all of us and not just some of us. (Or did I miss the part where some genius said, Let’s pass civil unions for lesbians first and come back to the gay men later, since lesbians might be less threatening than gay men?) Incremetalism does not mean cutting out whole groups of people.

Another comparison I’ve seen from those who support dropping gender identity from the bill is that their action is similar to the supposedly pragmatic activists during the black civil rights movement who understood that they needed to start small and grow — they started with employment, and then moved on to housing and public accommodations in later years. That, again, is a disingenuous comparison…African-Americans did not say, Hey, let’s put forth a bill to protect all the light-skinned blacks — those who can pass and are less threatening to whites — and we’ll come back to the blackest of the black later. And make no mistake: the trannies are the queerest of the queer; they are the ones who need protections more than anyone else.

Regarding all the high-minded pledges from various people who say we will come back for the transgendered and make sure we add them later: We have seen an unfortunate history of leaving people behind within this movement, I’m sorry to remind you. Soon after the onset of the HIV drug cocktail, for example, many middle class gay white men went back to their lives (including, among many, having unprotected sex, and fetishing it on “bareback” sites) while HIV ravages other communities in this country and much of the rest of the planet. The political will within the gay community in America to help those other communities has all but died. (Oh, and do I also need to point out that the promise to come back for the trannies was made in New York when its gay rights bill was passed? That was five years ago, and they’re still waiting.)

Pragmatism matters. But throwing an entire group of people under the bus because it’s politically expedient is not an option. And as Pam emphasizes, this bill is largely symbolic. If Democrats can’t even get it together for a bill that has no chance of becoming law, how are they going to get the job done when they actually have power?


17 thoughts on Throwing the T overboard to save the LGB

  1. Jill, thank you for posting on this. I’ve got a couple comments over at Pam’s, so I really don’t have much to add to this, except to say that I am disappointed and pissed. I’m lucky to be working at a place (Bryn Mawr College) that accepts me (I’m a trans woman) and does not make a big deal about the trans thing, but the fact is, that I am employed only at their pleasure.

    The thing that I don’t get is how some (and I do mean some, not all) LGB people simply don’t understand that gender identity / expression protection benefits *anybody* with a gender presentation outside of patriarchal norms – femme men, masculine women, androgynous people. Many L/G people get fired from their jobs / harrassed, etc because of their gender presentation, and a sexual-orientation-only ENDA won’t help them.

  2. And make no mistake: the trannies are the queerest of the queer; they are the ones who need protections more than anyone else.

    While I agree with his argument whole-heartedly, the way he phrased that really rubs me the wrong way.

  3. Rachel–

    I actually had this thought as well. There’s a part of me that thinks that this law, if passed, and given the attitudes amongst the public in terms of gender presentation, would end up either wholly toothless (after all, the gay people most likely to be fired are those exhibiting the most cross-gendered outward appearances), or interpreted in the courts so as to include the transgendered. Still, I just really want congress to do something that’s actually inspiring. I thought a corner had actually been turned after the hate crimes law.

  4. I’m guessing it’s the “Trannies” part, and that their queerness is extreme in some way (queerest of the queer – is it a contest?)

  5. My fiancee and I (she is MTF) often talk about how we don’t think it’s appropriate for the “T” to even be included in the GLB, simply because G, L, and B refer to sexual orientations, and Transgender is not a sexual orientation.

    …But certainly not for this reason.

    This does surprise me, though. I was actually under the impression that transgender rights were already a part of laws like these. Where my fiancee works, there actually is a part in the harrassment section about not discriminating against gender identity… But, I guess that’s just the workplace, not the law.

  6. While I agree with his argument whole-heartedly, the way he phrased that really rubs me the wrong way.

    The “protections” part, or the queerest of the queer part?

    I kind of wish we could talk about the big pink elephant in the room, myself. It isn´t just dismissal, although that´s bad enough.

  7. I kind of wish we could talk about the big pink elephant in the room, myself. It isn´t just dismissal, although that´s bad enough.

    I assume you’re talking about the assumption that all trans people are queer, queer, queer? That kinda irked me, too.

    First, yeah, I’m in agreement with part of the spirit of the person who said we need to protect the “queerest of the queer.” Yes, everyone needs to be protected, and those that stand out most, are most likely to catch flax.

    OTOH, it’s offensive to shove trans people off to the side– we’re not necessarily queer. Some of us (myself included) identify as such (although I’ve got a professional job, a partner and a baby on the way), but a lot of us don’t. Tons of transsexual people are very gender normative– just normative in a gender that doesn’t match what’s expected for a person of their birth sex. There are lots of trans people who consider themselves straight, and there are some who are downright homophobic (just as there are homosexual people who are downright transphobic). Lumping us all together as some sort of big queer sideshow shows no understanding of the lives of transpeople, nor the diversity thereof.

  8. Well, that and the fact that this isn´t just callous realpolitik from the gay side. There´s also actual transphobia.

    …I´m annoyed that transpeople seem to have become a football. Frank sees them as a symbol of too much, whereas Signorile is overidentifying.

  9. My favorite quote of late is from the Washington Post editorial:
    It requires time and patience to educate the public and lawmakers about how prejudice harms some people. That’s what gays and lesbians have been doing in their quest for equality for nearly 40 years. And that’s what transgender people will have to do. Delaying passage of ENDA, which was first introduced in the House in the mid-1970s by Rep. Bella Abzug (D-N.Y.), until the transgender community changes enough hearts and minds would be a mistake.

    Wow, so I guess trans people just arrived on the planet or have been sitting around doing nothing but fixing our hair for the last 40 years, eh? It’s not like trans people were involved in the beginnings of the gay liberation movement, or like any trans people were ever, you know… totally railroaded out as unacceptable. The statement above reads a lot like “well, you all will have to work hard for decades just like we did, then maybe you’ll get somewhere!” And that’s basically erasing a massive amount of the history of trans activists. I hope the ghosts of Sylvia Rivera and Reed Erickson haunt whoever wrote that editorial.

  10. I’ll go one farther, Holly. Those 40 years were spent by “respectable” (i.e. privileged) homosexuals convincing the public that they weren’t like those “uppity trannies.” Not only have some gays and lesbians appropriated Stonewall as their own, but they’ve actually gotten their gains by contrasting themselves as much as possible with the poor, confrontational, and occasionally flamboyant transsexuals that were at Stonewall.

    It’s not just Barney (OMG they’ll use the showers) Frank that suffers from transphobia, it’s everyone at HRC and in the assimilationist-wing (i.e. privileged) of the gays rights movement that gets freaked out by the possibility of being mentioned in the same sentences as queers like me (or worse).

  11. Not that it matters, but the “queerest of the queer” phrase is probably a nod to the Garbage song, “Queer” since that phrase is part of the chorus. So it’s a reference to an actual phrase in popular culture, not something the writer came up with.

  12. Oh that is bull.

    I’m not quite comfortable about the transgender thing, both because I don’t like elective surgeries, and I don’t like idea of identities tied to genitals in the first place. …but in this society we live in, if someone is more comfortable as what they define as male or what they define as female, let them. They must be protected from discrimination.

    We can have a third bathroom, Thailand does it and the world has not ended. If someone born a man doesn’t have a penis anymore, or is already on softening hormones, I really won’t feel uncomfortable with he/she being in the bathroom with me at all. Though I wonder where the FTM goes since they still don’t have a penis, it’s going to show at the urinal, and they are also at a high risk of violence by men who feels threatened for some reason.

  13. Though I wonder where the FTM goes since they still don’t have a penis, it’s going to show at the urinal, and they are also at a high risk of violence by men who feels threatened for some reason.

    Men’s bathrooms often have these things called stalls. With doors. Usually with locks.

  14. Okay, look, Mercurial, penises aren’t magic. Really.
    You don’t know who does and doesn’t have one in the bathroom. Especially in a bathroom with stalls. You probably pee next to someone with genitalia you don’t expect all the time. And they’re not more inclined to wave the contents of their pants around than you are–the priority is, shockingly, going to the bathroom.

    I appreciate that you’re coming along on these issues. It seems like you’re on the right track. But using “he/she” to refer to someone you know identifies as female, or treating penises-or-the-lack-thereof as somehow magically potent right after you’ve said you don’t think identities should be linked to genitals, is problematic.
    What do you expect folks to do? You don’t want a trans person to feel the need to change their genital configuration to validate their identity, but you don’t want them in with other women or men unless they do? You’re okay with trans women being women and protected from discrimination, uncomfortable with the idea of surgery, but don’t want to share a bathroom with them if they haven’t had it? Which is it? Do you see where there’s problems here?

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