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."

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.

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.

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.

Celebrity Visibility

As I'm sure you've all seen the news by now of Chaz Bono's transition. At NCTE we don't do a great deal of celebrity/media work, but the media have come calling today - in buckets. Normally, much of the celebrity gossippy requests we get are a distraction from our work. We try to keep our focus on our mission of changing national policies and practices.

But here's the good thing about this story. People are really curious to understand what's going on, and what this means for Chaz. For example, here's Mara on CNN this morning:

Embedded video from CNN Video


We've had the opportunity to do some good "Trans 101" trainings with several reporters today. In the midst of one such call, a reporter asked Justin, "So, does it help at all to have celebrities come out as transgender?" At least in this case it has opened up a great conversation with more people in America.

Thanks, Chaz!

Our sympathies

In the wake of the shooting this afternoon at the Holocaust Museum (CNN's coverage), it is a close-to-home (both literally and figuratively) reminder of the work we still need to do to combat hatred in all its forms. An attack on any of us is an attack on all of us, whether we are a staff member at the Holocaust Museum or a trans person.

We extend our sympathies to the family and loved ones of the slain officer, Stephen Tyrone Johns, and to all those impacted by this tragedy.

The Power of Language

There has been a lot in the news this week regarding language. There was President Obama's recent speech in Cairo, the offensive Sacramento radio show that Justin commented on yesterday, and Bill O'Reilly's excoriating treatment of assassinated doctor, George Tiller. All of this has me thinking a lot about the power of language.

While some of the defense of the radio shock jocks have included protestations that "Come on, it's only words," the criticism of President Obama's speech has also included, "Well we'll see what happens, this is only words." So, do words matter or not?

Unfortunately, those of us who have been the target of hateful speech clearly understand the power of language to harm and to sometimes set the stage for physical harm. Many people have drawn the connection between Bill O'Reilly's comments about Dr. Tiller and his recent murder. And I can't help but notice the unfortunate timing between the Sacramento radio host's words and the recent report from the Triangle Foundation of the shooting of two transgender women near Detroit, MI.

But language can be a force for good as well. Like all power, it's just a tool, like a wrench, that can be used to repair or harm depending upon who wields the tool. Politicians, like President Obama, understand the power of language to lay the foundation for future action. The words help to create a space to allow action to be even possible. Nadine Smith in her recent post on Bilerico encouraged us all to imagine what the world would be like without discrimination and then start acting as if it were true. Words do have power.

Furthermore, our laws are made of words, and while those words alone don't make our lives different, they lay the groundwork for meaningful actions. Like the Local Law Enforcement Hate Crimes Prevention Act that many of you came to DC to lobby for in April. We all know that hate crimes will still happen even if this bill becomes a law. But the words create a path for action that our government can take in response to future hate crimes.

NCTE exists to end discrimination and violence against transgender people at the federal level. That's a heavy task and, in order to be successful, we need real power to get it done. One aspect of our power is our ability to use language to be persuasive and one piece of evidence of our power is our ability to shape the language of America's laws and policies.

Children are freaks?? Absolutely unacceptable.

Controversy has been swirling around KRXQ-FM’s radio program, Rob, Arnie & Dawn in the Morning, in Sacramento, California, after two of the hosts made dehumanizing statements this week about transgender children, calling them, among other things, freaks. While we defend the right of free speech, we also know that journalists and commentators have a responsibility to convey accurate information. In this case, in addition to Rob Williams and Arnie States calling trans children names, they incorrectly advocated that taunting, physical violence and therapy could be employed to change a child’s gender identity. This is both cruel and blatantly untrue.

Host Dawn Rossi, however, both stood up for transgender children and, on the evening following the show, spoke with transgender and allied activists and conveyed compassionate and accurate information on the follow up show.

NCTE recognizes the critical work being done on this case by Kim Pearson, Executive Director of Trans Youth Family Allies, as well as transgender blogger Autumn Sandeen, and by the Gay and Lesbian Alliance Against Defamation (GLAAD) through their Director of National News, Cindi Creager, and Senior Media Analyst, Andy Marra (a long time member of NCTE). All of them spoke with Dawn Rossi to provide balanced information. Thank you for holding members of the media accountable for their statements and for taking the time to educate people are the realities of trans children.

GLAAD has issued an Action Alert, which we urge you to read and take action.

You can listen to the show and following up programs on the Rob, Arnie & Dawn website.

Working Together for Transgender Children

In the past few weeks, we’ve fielded some amazing phone calls about transgender children and their families. A school nurse called the other day about a trans child who will be starting 5th grade in the fall. She was looking ahead to ways they could work over the summer to prepare so that the child will have a positive experience. A woman called a couple of weeks ago because her church had refused to allow a 2nd grader to return to their parochial school next year, unless the child was dressed according to her birth gender, not her gender identity. She was outraged that this little girl had been excluded from school activities simply because she had been identified male at birth. She said, “this just isn’t right.” What is right is that she reached out in caring for a child.

We told them both, and the others who have called, is that it matters immensely that these children know they have caring adults in their lives—their parents, educators, fellow church members, cousins, and so on—who will stand up for them. These children are listened to when they say who they are. Their safety and happiness are valued. Things aren’t going to be perfect (but what life is?) but it is going to be better because of caring people around them. What has made the last few weeks interesting to me is that these are people beyond the immediate family—they are getting involved because the lives of children, of transgender children, matters to them. And while it may be cliché to say it takes a village to raise a child, it really is true. We need to care and take action for these kids.

One of the places we refer callers to is the Trans Youth Family Allies (TYFA). If you’d like more information about practical ways to support transgender children, please visit their website. They are doing important work.

Today is Blogging for LGBT Families Day; here are few are just a few blogs that wrote about trans families or gender today:

• How to Bring Your Kids Up Queer, Bilerico, GenderQueer Mommy


• Fly My Pretty, Cross-dressing Toddlers


• No Designation, My Two Moms <3 Their Trans Daughter