Category Archives: bathroom bills

Senators Debate “Religious Freedom.”

Tuesday night at Saint Mark United Methodist Church in Midtown Atlanta, state senators Greg Kirk (R), of Americus, and Vincent Fort (D) of Atlanta kicked off a series of four debates that will take place around the state on the subjects of “Religious Freedom, the Pastor Protection Act and the First Amendment Defense Act.”

The other debates will be on the same subjects, and will take place (or have already taken place) this week in Macon, Tifton, and Savannah.

Senator Kirk, a former Baptist preacher, was the introducer of the “First Amendment Defense Act” during the last Georgia legislative session. He was also a proponent of the “Pastor Protection Act” and the “Religious Freedom Restoration Act.” Parts of all three bills were incorporated into HB 757, which was vetoed by Governor Deal this past spring.

Senator Fort, the minority whip in the upper chamber, is a former history professor who has been a strong supporter of the LGBT community for many years. I saw him speak at an event while my lawsuit was ongoing; he recognized me without introduction, gave me his card, and encouraged me to reach out to him if there was anything he could do to help.

You’d think Deal’s veto would mean that we’d seen the last of these anti-LGBT bills in the Peach State. You’d be wrong; Kirk and fellow Republican Sen. Josh McKoon have both pledged to re-introduce such bills during next year’s legislative session.

Turnout to the debate was light; there couldn’t have been more than sixty people in the pews. I should note that Saint Mark is a liberal Methodist church in the heart of Midtown, so its leadership and congregation are either LGBT themselves or are solid allies. I think the debate wasn’t promoted well; I learned about it from a Georgia Equality email, and after the fact some people told me they wished they’d known about it.

What’s next? Polygamy? —Sen. Greg Kirk

Content was also light; if you’ve been following the emergence of these “religious freedom” bills as they’ve been festering in statehouses around the country, you know what they’re about, and you wouldn’t have learned anything new at this event. Below are some quick takes, borrowed from my own live tweets during the debate. Any erroneous details are due to my own poor recollection.

Sen. Kirk claimed the “Pastor Protection Act” would ensure that clergypeople cannot be forced to perform a wedding they object to on religious grounds.

Sen. Fort retorted that no pastor can be forced to perform any wedding he or she doesn’t want to, on any grounds, religious or not.

Kirk argued that bills such as these are simply “common sense”; they’ll protect the religious without affecting anyone else.

Fort’s retort was that they offer no protections that aren’t already guaranteed by the Constitution and they will expose Georgia to boycotts and other economic harms like what’s happening in North Carolina in the wake of HB2’s passage.

When a moderator asked Kirk if same-sex couples should be a protected class under the law, Kirk admitted that post-Obergefell, that is a matter of settled law. But then he did the usual “slippery slope” scaremongering by asking, “What’s next? Polygamy?”

In the question and answer portion of the program, an audience member asked, “Senator Kirk, you keep saying ‘traditional marriage.’ Define that.”

He took the bait, and said “traditional marriage is marriage as defined in the Bible”; the questioner pounced, reminding him that the Bible pretty much celebrates polygamy. Kirk backpedaled, explaining that he’d meant traditional marriage is what most Christians believe it to be. Slippery slope, indeed.

Senator Fort won raucous applause when he declared that Georgia needs a comprehensive antidiscrimination law. This was definitely his crowd. I wonder how his message will be received in Tifton.

I’ll close by noting that Fort and Kirk were both unfailingly polite to and respectful of each other, of the moderators, and of the audience. Anyone who turned out hoping to see a Republican primaries-style uglyfest would have been disappointed.


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Mara Keisling Visits Atlanta.

This week Mara Keisling of the National Center for Transgender Equality (NCTE) came down from Washington to speak at the Philip Rush Center in Atlanta about the current state of transgender rights and advocacy in the United States. I was excited to attend and see Mara again; I’ve known her since 2009, when she was instrumental in getting me to speak before the House committee on labor on the importance of passing ENDA. She’s a hard-working and dedicated advocate who has improved all our lives in her time at NCTE.

Mara spoke for about two hours, and I live-tweeted the event. I’ll paraphrase and flesh out my tweets in this post, but don’t think this is all-inclusive; I didn’t catch everything that was said. This is just all that I tweeted or remember of the meeting. Any errors or omissions of fact are my own.

After stressing that NCTE is not a political organization and cannot endorse candidates for office, Mara noted that the Obama Administration has been quite good for the transgender community. If I heard her correctly, under President Obama there have been 111 discrete actions by the federal government that have made life a little better for transgender Americans.

While the so-called “ENDA executive order” is a famous example, there have been many others most people don’t even know about, and some that came as a surprise even to NCTE. A bulletin last week from the General Services Administration, for example, mandated that transgender people may use the restroom matching their gender identity in all federal buildings (the GSA’s job is to manage federal buildings), and Mara said nobody told NCTE ahead of time that would be coming.

She talked for a while about identity documents and the gender markers that most of them have. Medicare, for example, apparently has “F” or “M” in big letters in the center of the cards recipients use. This means some transgender Medicare recipients have no choice but to out themselves to their medical providers.

Gender markers are also used on the DD 214 forms that all military veterans receive upon discharge, and which are needed to obtain VA medical care and all other veterans’ services. They’re also on passports, and of course they’re on all our driver’s licenses.

NCTE is lobbying hard to get [gender] markers removed from most or all identity documents

NCTE is lobbying hard to get these markers removed from most or all identity documents, since they serve no function except to invite discriminatory behavior. Someone in the audience noted that gender markers are an artifact of the time when such documents didn’t incorporate photographs; now that they do, they’re no more needed than is information about eye and hair color, which are pretty much gone from IDs today. Mara thinks it will take several more years of lobbying before gender markers will be removed.

The “bathroom bills” like HB2 in North Carolina are a direct result of the achievement of nationwide marriage equality last year. Denying LGBT people the right to marriage equality was the central front in the culture war for many years; now that it’s lost, the religious right has set its sights on the transgender community instead.

Texas will probably pass a bill like HB2 next year. It will be the next state to do so, but it won’t be the last. Expect the religious right to be very creative in the ways it finds to attack, humiliate, and restrict the rights of transgender people in the near future. While life has steadily improved for us in recent times, and will continue to in the long run, the next few years will suck while we’re in the crosshairs.

In 2010, NCTE worked with other organizations to produce Injustice At Every Turn, a comprehensive nationwide survey about being transgender in the United States and the discrimination and other ills we face. An update is in the works this year, and there have been over 28,000 respondents. The results will be out next year.

For the 2010 survey, a question about suicide was included at the last minute, and results indicated that 41 percent of transgender Americans have attempted suicide during their lives. It was discovered after the fact that the question was poorly worded, to the extent that the responses were unlikely to be accurate. This time around a similar question was carefully designed with a suicide prevention group with expertise in these matters. The results were about the same.

Mara was in the news last year when she (and other activists) used the restrooms in North Carolina’s Capitol as a protest against HB2, intending to get arrested. Mara said NAACP members who are veterans of the 1960s civil rights era, including Rep. John Lewis, coached her in how to get arrested.

Most of the money funding used by transgender rights groups comes from gay groups. Mara didn’t offer speculation as to why this might be the case, but it seems obvious to me: most trans people are too broke to be donating to nonprofits.

A trans movement, Mara declared in conclusion, must also be antiracist, antipoverty, anti-incarceration, pro-immigrant, feminist, and pro-worker.

Summary: life is incrementally better for us in 2016. But strap in for a tough ride to come.

It was good to see Mara again. It always is.


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Gender dysphoria is nothing like anorexia.

NotAnnNoTextYet another piece of … writing, this time by Moira Fleming at right-wing blog The Federalist, has tried to compare gender dysphoria to anorexia. In making this particular argument, Fleming’s post joins a tall stack of similar half-assed blog posts and position papers from transphobic “pundits” in recent years. Here’s the crux of Fleming’s piece, which is headlined “Why Is Transgender An Identity But Anorexia A Disorder?”:

The certainty that one is a woman despite being born a man sounds awfully similar to the conviction that one’s body is overweight even when body-mass index is at starvation levels.

You can almost see the wheels turning in the minds of people making this argument: “Anorexics think they’re fat, even though they’re really thin; transgender people think they’re women, even though they’re really men.” And everyone who says this seems to think it’s some brilliant revelation, and they’re the first to ever think of it.

Fleming, like former doctor Paul McHugh, Fox News contributor Keith Ablow, the Witherspoon Institute, and many other “experts” who have asserted this gender dysphoria = anorexia correspondence, makes a critical error. Ablow even goes so far as to assert that gender dysphoria is an “exact parallel” to anorexia nervosa (the clinical name for the condition).

The type of anorexia these “pundits” are describing (the condition presents differently in different people) is the delusion that the sufferer is fat or is at risk of becoming fat, when she (they’re almost always women) is actually thin. She looks at her body in the mirror and sees something that is at odds with reality.

Transgender women (Fleming doesn’t seem to be aware of transgender men) are not delusional. You may deny that our gender identity is really what we say it is, but that is not the same as saying we’re delusional. When we look

You may deny that our gender identity is really what we say it is, but that is not the same as saying we’re delusional.

at our bodies, we see them correctly as being biologically male, not female. Indeed, that’s the problem. If we truly were delusional, the OEM genitals and contours wouldn’t be a problem, because we wouldn’t recognize their maleness. We’d believe we already looked like Marilyn Monroe, or Beyoncé, or whoever our personal ideal of womanliness happened to be.

To be transgender is to be acutely aware of our biological birth sex, and to be sufficiently unhappy about it to want to change it.

Now, the difference between how an anorexic woman sees herself and how a transwoman sees herself could conceivably put down to semantics. Maybe the people making this equivalency are talking less about self-perception and more about outcomes. What happens when an anorexic’s belief about herself is indulged and supported, versus the result when the same is done for transgender women?

In a sense, it’s not a fair fight, because I’ve never heard of a woman with anorexia whose loved ones and friends told her, “yeah, totally, you’re fat! Let’s take some pounds off,” while it’s the standard treatment paradigm to accept a person’s well-diagnosed gender dysphoria and recommend they embrace their gender identity.

But there certainly have been many people with anorexia who persisted in their beliefs and continued to shed weight, despite the efforts of those around them. Here are some famous examples.

Karen Carpenter
The singer of the 1970s brother-sister duo, The Carpenters, lost a dramatic amount of weight and died of related heart failure at the age of 32.

Christy Henrich
Henrich was a world-class gymnast in the 1990s. Her weight dwindled to 47 pounds before she died of multiple organ failure.

Michael Krasnow
Author of the memoir, My Life As A Male Anorexic. The 5′ 9″ American weighed 64 pounds when he died at age 28.

There’s another case, which is looking to turn out better than those three; that of Rachael Farrokh, a 5′ 7″ actress in her thirties whose weight dwindled to under fifty pounds. I’m not linking to any of the stories about her, because most of them contain some shocking photos of her ravaged, wasted body. You can Google her forewarned.

Ms. Farrokh is on the road to recovery, but only because she managed to break the hold her disease had on her and began gaining weight. She was on the brink of death before then.

Now, here are some transgender people whose self-perception was validated:

Jennifer Finney Boylan
Boylan transitioned over ten years ago. She is a respected novelist, college professor, and New York Times columnist.

Laverne Cox
Since transitioning, Cox has become a motivational speaker, activist, and an Emmy-nominated actress.

Jamison Green
Green is an academic, activist, and author.

All three of these individuals are affirmed and respected in their gender identity, and all are thriving, by any objective standard. Yes, this is an anecdotal list of names that I selected myself. Yes, you’ll be able to find transgender people who haven’t done this well after they transitioned. Poor outcomes include detransitioning and suicide. But the evidence is overwhelming that transitioning makes the vast majority of transgender people happier; in almost every case where it hasn’t, the reason is likely to be transphobic persecution, which originates outside the person, or that the person was misdiagnosed with gender dysphoria in the first place.

But finding transgender people who haven’t thrived isn’t necessary for the analogy to fail. If even one transgender person transitions and does well, it’s bullshit to compare gender dysphoria to anorexia, because anorexia’s sufferers always, 100 percent, grow weak and sick. Either they overcome their disorder, or they die. Every single time.

Show me even one verifiable counterexample of a person with anorexia flourished after she came to believe she was overweight when she wasn’t, and I’ll start taking this claim seriously. It’s not going to happen.

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Hanging Together.

LGBT 5sansLast year an anonymous,* cisgender gay man started a change.org petition urging Lambda Legal, Human Rights Campaign, The Advocate, GLAAD, and several other LGBT organizations to disassociate from the transgender community and become simply “LGB” organizations.

It’s an idiotic, ignorant petition, full of hateful statements and outright falsehoods about transgender people and the trans agenda. Some of the claims are cribbed wholesale from religious right organizations.  Most of the parties to whom it was addressed quickly and categorically denounced it. Including Lambda Legal, of course. If you’ve been following my story for any length of time, you know that Lambda Legal’s attorneys, two of whom were transgender themselves, represented me in my lawsuit, and the organization has always been an unstinting champion of transgender rights.

The nut of the “drop the T” argument is this: to be lesbian, gay, or bisexual is about sexual orientation, while to be transgender is about gender identity. Two different things, with different needs for medical care, legal protections, and advocacy—but they’ve been lumped in together as if they’re all the same. You got your chocolate in my peanut butter! In addition to the cisgender gay men and lesbians trying to push us off the Pride float, a few transgender women and men have also argued for cleaving the rainbow, but there are very few transpeople trying to make that case. This argument mainly comes from the cisgender members of our movement.

It’s difficult not to see the argument as meanly selfish. Don’t Ask Don’t Tell has fallen for LGB people, and marriage equality is now the law throughout the country. The “gay agenda” could justifiably be declared a complete success, if it weren’t for us pesky trans people lagging behind. Some probably want to cut us loose like a sick branch from a tree. Others, in fact, have already proceeded as if we don’t matter: The New York advocacy group, Empire State Pride, disbanded last year, standing on a metaphorical carrier flight deck and claiming, “mission accomplished.”

If you hadn’t already guessed, I think it’s a really bad idea to uncross these streams. Yes, there are many technical and societal differences that divide the LGB from the T, but there’s one much bigger similarity that overrides all those differences. Sexual orientation and gender identity are both about gender nonconformity.

The presumption that a man will be sexually attracted only to women is a gender stereotype. The presumption that a woman will be sexually attracted only to men is a gender stereotype. The presumption that a person’s gender identity will match their biological sex is a gender stereotype. All LGBT people confound these stereotypes.

Transgender people benefit from LGB advances that don’t obviously have anything to do with them. Marriage equality is one example. Before the Obergefell ruling, a transgender lesbian b2675e6a34e8586fcf67532b43who legally changed her sex on all of her identity documents might have been unable to marry another woman. Or, a straight transgender woman’s marriage to a man might have its validity denied, as happened to Nikki Araguz Loyd and many other people before last year.

Likewise, LGB people (and sometimes even straight people) always benefit from advances that seem, on the surface, to be about transgender people. My lawsuit, Glenn v. Brumby, obviously was a transgender issue—but the major precedent my attorneys cited in their briefs was Price Waterhouse v. Hopkins, in which a woman, Ann Hopkins, was denied a promotion at her job because she didn’t look feminine enough. Hopkins wasn’t transgender (she wasn’t even lesbian), but the precedent her case set, which was extended by the win in my case, then extended still further by the following year’s Macy v. Holder, protects all females who suffer for seeming too masculine, and males who seem too feminine, whether they’re trans or not. Think about the words “butch,” “nelly,” and “sissy,” and you’ll understand how this precedent protects cisgender gay men and lesbians.

But the most important reason why we all need to stay in this canoe and paddle in the same direction is because the haters will always put us in the boat together regardless. Remember the story about two transwomen who were attacked on a MARTA train a couple of years ago? Here’s a quote from their assailant, interviewed after he was caught:

“I don’t hate gay people at all,” he said. “That’s not in my character at all. But when you are a gay guy and you come on to a straight guy and I tell you I don’t go that way then just let it be.”

It’s clear from that statement, and from others he made in the linked interview, that the man had zero awareness that there’s a difference between gay men and transgender women. It’s a very common misconception. Transwomen are called “fags” all the time. We suffer more violent hate crimes than the rest of the community combined. Our assailants may know we’re transgender women, or they may think we’re “gay men” trying to “trick” them. The difference is unimportant to them.

Such violence is what brought this topic back to my mind. Specifically, the mass murder at the Pulse nightclub in Orlando. Several of the victims were transgender women, and one account I’ve read leads me to think the shooter also wasn’t aware of or didn’t care about the distinction between gays and lesbians and transgender people.

As it was succinctly put in a comment section I once read: we’re all hated by the same people, for the same reasons. It doesn’t get any simpler than that. We’re all fighting the same fight.

“We must all hang together,” Benjamin Franklin said to his fellow delegates in the Continental Congress when he signed the Declaration of Independence, “Or assuredly we shall all hang separately.”

Franklin was a boss.

*He said he remained anonymous for fear of reprisals. Which is cowardly troll-speak used by trolls.

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Bathroom Laws Are About Insufficient Femininity, Not Being Transgender

Recently, in the wake of all the high-profile nonsense about restrooms in this country, a friend of mine (who is a gay attorney, just to set the table) messaged me on Facebook with this:

“I am in regular communication with lots of ‘Republicans’ and others who would self-describe as conservatives. I frequently hear people say, ‘I don’t have a problem with anyone being transgender.’ And when they elaborate, what’s clear is that their problem is with people who ‘look like’ they have transitioned—i.e., people who, for whatever reason, have external visual identifiers that indicate that they were formerly presenting as male/female. And I just think that that sort of thing is:

1) classist (not everyone can afford procedures like facial feminization, etc.) and

2) not really any different than other sorts of bigoted thinking—why should it really matter what someone looks like?”

There’s a good bit to unpack in that comment. Let’s start with his statement that’s really at the heart of the matter: “their problem is with people who ‘look like’ they have transitioned—i.e., people who, for whatever reason, have external visual identifiers that indicate that they were formerly presenting as male/female.”

Of course that’s true. You could even narrow the focus a little further and state that conservatives’ problem is with transwomen who look (to them) like men; it’s “men in dresses” going into women’s restrooms that conservatives care about, not transmen in men’s rooms. I presume this is due to a sexist attitude that men can take care of themselves, but dainty, defenseless women and girls need protection from burly, scary transwomen.

But it’s basically a tautology to say that masculine-looking transwomen are the ones conservatives care about, because the ones who don’t look masculine—who look like every other woman in the loo—are never “clocked” as transgender in the first place. Transphobic conservatives don’t discriminate against them because they don’t know they exist. They recognize the transwomen they recognize.

I made posts here about physical differences between men and women, both large and small. “Passing” (the term I prefer is “having a cisnormative appearance”) as one’s correct gender identity is difficult or easy for transwomen, depending on the individual. It can be achieved via:

a. Makeup. Just like cisgender women.

b. Hormone replacement therapy. Results vary, but estrogen can redistribute fat in the face to soften masculine angles.

c. Electrolysis or laser hair removal. No other single trait looks as male to most people as a beard shadow.

d. Surgeries to feminize the face and body.

Not all masculine-looking transwomen go for these therapies and procedures. They can be dangerous for some; many people have health concerns that preclude surgeries, and others risk thrombosis if they take estrogen supplements. And, as my friend surmised, the treatments are very expensive, and until quite recently they usually weren’t covered by government or employer-provided health insurance. It is absolutely correct to say, as my friend did, that discrimination against masculine-looking transwomen can be discrimination against the economically underprivileged.

However, my friend missed one very important fact. When I followed up with him, he confessed it hadn’t even occurred to him: not every transgender woman cares about “passing,” or at least, not enough to go to all the effort and expense required to do so.

Seems strange, right? When we first learn about transgender women, we assume looking and acting feminine is the whole point. But transgender women are women, and women may choose to look however they want. They may be short-haired and tall; prefer pants to skirts; own no makeup. I’m sure you know cisgender women who describe themselves as “butch.” There are transgender women who do as well. Having a female gender identity does not automatically equate to being a cartoon of womanliness.

The assertion by conservatives that women should be feminine, and indeed must be so to be allowed to participate in society, is at the heart of the “bathroom bills”; and why they’re doomed to fail. Drafted to single out transgender women for harassment, they’re certain to have their greatest effect on butch-looking cisgender women instead. It’s already happening:

  • Cortney Bogorad in Detroit is suing a restaurant after a security guard threw her out of the establishment’s women’s restroom for looking “like a man”
  • In Dallas, Jessica Rush was followed into a hospital restroom by a diligent officer of the gender laity because she was “dressed like a man
  • CNN contributor Sally Kohn is 6′ 1″ and short-haired; she repeatedly has unpleasant encounters of this nature

All three of those women are cisgender, and it’s worth noting that none of the localities where they were harassed, to the best of my knowledge, have passed any “bathroom bills.” The concept is in the Zeitgeist now, so it’s emboldened the idiots and jerks regardless of the laws. And these are just three examples; there are already many, many more. Google “mistaken for transgender” if you want more evidence, and have a high tolerance for outrage.

I haven’t seen any stories about transmen (or effeminate cisgender men) being mistaken for women yet. It may or may not ever happen; as I wrote above, the touch point for the transphobes is having to share women’s rooms with masculinity. Transphobes like former ACLU employee Maya Dillard Smith, who related this story on Fox News:

I have shared my personal experience of having taken my elementary school age daughters into a women’s restroom when shortly after three transgender young adults, over six feet [tall] with deep voices, entered. My children were visibly frightened, concerned about their safety and left asking lots of questions for which I, like many parents, was ill-prepared to answer.

The simple answer to Ms. Smith’s children, “those people are transgender,” apparently didn’t occur to her at the time. And note that she doesn’t give any reason in that story why she or her children should have been afraid of those three young adults, or how she knew for sure they were transgender.

Laws regarding who may use which public restroom are nothing new and accomplish nothing good. They’re tools of hatred and hurt people in categories far beyond their intended targets. Fight them and end them.

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