Blog migration

We've moved our blog to a new account so that our readers and staff won't have to deal with the spam that has been clogging up our comments on this blog. Visit our new blog today. You'll find our archives have migrated and so you'll be able to find all of the old and new news there.

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NY Gov. signs order protecting trans state workers

New York Governor David Paterson extended protections against job discrimination to transgender state employees today. Executive Order No. 33 protects state employees from discrimination on the basis of gender identity and expression. This is an important step in bringing equality to transgender New Yorkers and Governor Paterson deserves recognition for his support and action on this important issue.

New York joins eight other states in extending protections against discrimination on the basis of gender identity via an executive or administrative order (Delaware, Kansas, Kentucky, Indiana, Maryland, Michigan, Ohio and Pennsylvania). The downside about these nine states is that only public employees are protected by this type of action from their respective Governors. Twelve states and the District of Columbia currently protect both public and private employees from gender identity discrimination.

There is no comparable state law in New York for the protection of private sector employees. The Gender Expression Non Discrimination Act (GENDA) has twice passed the State Assembly but has stalled in the State Senate. We join Governor Paterson and state legislative leaders in calling for prompt action to pass GENDA. New Yorkers - and all Americans who are currently unprotected by state civil rights laws - have waited too long for these basic legal protections.

In Maryland, a big step back? Act now!

The Maryland Vehicle Administration (MVA) is currently considering an update to their policy regarding changing the gender marker on a driver’s license effective January 1, 2010.

In recent years, many states such as Massachusetts, New Jersey, Colorado, Ohio and the District of Columbia have updated their policies to ensure transgender people can obtain accurate driver's licenses. But while most states are moving in the right direction, Maryland is set to take a big step in the wrong direction.

The MVA current policy states that to change the gender marker, an applicant must provide a physician or psychologist’s report to confirm that the applicant is in active treatment. The MVA requires annual re-evaluations until the applicant "meets requirements for permanent gender change.” If you are using a name other than your birth name, you must bring the document that initiated the change of name, such as a marriage certificate, divorce decree or court name change order and your current License.

The new policy would require an amended birth certificate. This requires going through the court system. Maryland code states that they will issue a birth certificate reflecting the proper gender only upon receipt of a certified copy of an order of from a court indicating that the sex of an individual born has been changed by surgical procedure and whether such individual's name has been changed. You cannot change the sex on a birth certificate simply by providing proof that you are undergoing medical treatment or procedures for gender reassignment.

Equality Maryland has been working hard along with several of our partners including the National Gay and Lesbian Task Force and the ACLU Lesbian Gay Bisexual Transgender Project to resolve this matter, but at this point the MVA is prepared to move forward with this very backward and potentially dangerous policy change in the New Year.

TAKE ACTION! Contact Governor O’Malley’s office and ask them to halt the implementation of this short sighted and dangerous policy change. Click here to take action. Please pass this alert along to anyone you know who lives in Maryland. Click here for more information from Equality Maryland.

The recession won’t be over until ENDA is passed

The road to passing federal legislation can be long and arduous, and to some extent this is simply the nature of the beast – the beast, in this case, being our national legislature. We do well to remember, however, that while we are waiting and working to overcome this or that procedural hurdle in Congress, transgender Americans are facing blatant discrimination right now.

Case in point: today the New York-based Transgender Legal Defense and Education Fund filed a complaint with the Florida Human Relations Commission on behalf of Zikerria Bellamy, a young trans woman in Orlando. Zikerria applied for a job at a local McDonald’s in July, but she never got an interview. Instead, she got a vicious transphobic voice mail message from a McDonald’s manager, stating that they would never hire someone like her.

Legislation to protect transgender workers from this kind of discrimination has been proposed, but not yet passed, in both the city of Orlando and the Florida legislature. The state’s Human Relations Commission has permitted transgender workers to bring complaints under the state’s sex discrimination law in the past, and Zikerria is seeking protection under that law.

What’s unambiguously clear, however, is that Zikerria would have been protected by ENDA if it had been on the books. Right now, Congressional leaders are preparing to rush through a package of measures intended to create and preserve jobs, which they hope to pass before the end of the month. Yet whatever Congress does to address the current unemployment crisis will be incomplete so long as transgender people remain unemployed at twice the rate of the general population. Until ENDA is passed, transgender people face a kind of permanent recession. With each delay on ENDA, more LGBT people will lose or be denied jobs because of ignorance and bias. We need to mobilize for this bill like our lives, or at least our livelihoods, depend on it – because they do.

LGBT AMERICANS OUTRAGED AT DELAY IN BASIC JOB RIGHTS

In light of continuing delays in the House of Representatives, we must state clearly and unequivocally: Passing basic job protections for lesbian, gay, bisexual and transgender people must happen now. At a time when our government is deeply focused on the critical issue of employment, it is inexcusable to delay action on the Employment Non-Discrimination Act (ENDA). Each and every job lost to prejudice based on sexual orientation and gender identity needlessly compounds the unemployment challenges facing our nation. We call on Congress for the immediate passage of ENDA.

For decades now, we have called upon Congress to pass legislation to address the basic right of LGBT people to work free from discrimination at our jobs, and now Congress tells us we must wait another year. In 29 states, it remains legal to fire people based on sexual orientation and in 38 states, discrimination based on gender identity remains legal. In failing to take swift action to pass ENDA, our government allows unfettered bigotry to go unchecked, leading to the loss of jobs, fear in the workplace, economic instability, and personal hardship, while allowing employers to lose competent experienced workers. ENDA is urgently needed by our communities.

The majority of Americans consistently state their support for employment protections and voters have affirmed similar state and local measures. There is absolutely no reason for Congress to continue to delay this non-controversial bill or drop LGBT issues to the bottom of their agenda. We will not be denied basic rights any longer. Nothing is more important than protecting peoples’ jobs so ENDA must pass now. Further delays are absolutely unacceptable.

Matthew Coles & James Esseks, Co-Directors, American Civil Liberties Union LGBT Project
Terry Stone, Executive Director, CenterLink: The Community of LGBT Centers
Toni Broaddus, Executive Director, Equality Federation
Jennifer Chrisler, Executive Director, Family Equality Council
Lee Swislow, Executive Director, Gay & Lesbian Advocates & Defenders
Jarrett Tomás Barrios, President, Gay and Lesbian Alliance Against Defamation
Joe Solmonese, President, Human Rights Campaign
Rachel T. Niven, Executive Director, Immigration Equality
Earl Fowlkes, President/CEO, International Federation of Black Prides, Inc.
Kevin Cathcart, Executive Director, Lambda Legal
Christian Berle, Director, Log Cabin Republicans National Office
Sharon J. Lettman, Executive Director/CEO, National Black Justice Coalition
Kate Kendell, Executive Director, National Center for Lesbian Rights
Mara Keisling, Executive Director, National Center for Transgender Equality
Rebecca Fox, Executive Director, National Coalition for LGBT Health
Rea Carey, Executive Director, National Gay and Lesbian Task Force Action Fund
Michael Mitchell, Executive Director, National Stonewall Democrats
Gregory Varnum, Executive Director, National Youth Advocacy Coalition
Selisse Berry, Founding Executive Director, Out & Equal Workplace Advocates
Jody Huckaby, Executive Director, Parents, Families and Friends of Lesbians and Gays (PFLAG) National
Jo Kenny, Interim Director, Pride at Work AFL-CIO
Masen Davis, Executive Director, Transgender Law Center

Additional organizations may be added.