by Andy Humm
November 2007
As
the debate over civil rights protections on the basis of “gender identity and expression” heated up in Congress, five of New York City’s members in the House of Representative voted against the federal Employment Non-Discrimination Act on November 7 because it does not cover transgendered people. At the same time, pressure is building in Albany for at least the Democrat-controlled Assembly to add gender identity to the state human rights law, which incorporated protections for gay people in 2002 while defeating an amendment covering people of transgender experience. In New York City, where the city law has covered gender identity since 2002, transgendered people still encounter persistent discrimination, putting this new civil rights measure to the test.
The City Law
New York City was late among major cities in adding sexual orientation to its human rights law. It did not pass what was known as the “gay rights bill” until 1986 and took until 2002 to add gender identity. Michael Silverman, executive director of the Transgender Legal Defense and Education Fund called the city law “great,” but said, “That doesn’t mean we don’t have a long way to go.”
Silverman said that while much of the discrimination that many New Yorkers experience tends to be subtle, people who are transgendered still are subject to discrimination that is “so obvious and degrading” that it is hard to believe.
He is handling a complaint now from a person whose license was marked “M” for male even though she presents as a woman. When she showed identification to get served in a bar, the manager said, “Your ID says male. I can’t accept that.”
“ It’s certainly OK to ask to see an ID to verify a person’s age,” Silverman said, but it illegal to discriminate based on gender identity or expression. In response to her compliant, a police officer went to the bar on the border of Chelsea and Greenwich Village. Although sympathetic, the officer said, “We can’t do anything.”
On the last Sunday in June, Khadijah Farmer, a lesbian with close-cropped hair, was using the women’s restroom at the Caliente Cab Company in the Village when a male bouncer burst in and banged on her stall door demanding that she leave. Farmer said she tried to show the man her license identifying her as female, but the bouncer wouldn’t look at it. He threw Farmer and her friends out, making them pay for food they had just started eating. Ironically the incident took place on Lesbian, Gay, Bisexual and Transgender Pride Day just south of Sheridan Square where the Stonewall Rebellion launched the modern gay movement in 1969.
Representatives of the restaurant deny Farmer’s version of events, but refuse to offer one of their own. The Transgender Legal Defense and Education Fund is suing the Caliente Cab Company and transgendered people and their supporters have picketed it. The establishment has not, however, been put out business by an angry community
Melissa Sklarz, a veteran transgender political activist, served on a committee at the City Human Rights Commission that worked on guidelines for implementing the city transgender rights law and believes “more and more people are aware of the law now.” But, she said, “For the law to work, we need courageous people like Khadijah Farmer who are willing to stand up.”
As the Farmer case illustrates, you do not have to be a transsexual or a transitioning transperson to need the protection under the category of gender identity and expression. Farmer says she is happy being a woman, even if her style of dress and grooming lead some people to mistake her for a man. Indeed, we all cross traditional gender boundaries in small and sometimes large ways, from women who wear pants and men who wear makeup to women who fight wars and men who won’t.
Beyond the question of discrimination, these issues have very practical implications, particularly in this era when everyone must constantly show identification. Joann Prinzivalli, director of the New York Transgender Rights Organization and a transwoman, has a driver’s license that says “female.” The license was issued before 2002 when people had to have completed transgender surgery to be identified in accordance with their identity and not their biology. New York State will also change the designation on a birth certificate if one is post-operative.
But Prinzivalli’s passport still says “male” and by 2013, we are all going need a passport or federal REAL ID for air travel even within the United States and to enter federal buildings. In those cases, her gender presentation will not line up with how she is identified on her papers. “I’ll be shut out of air transportation,” she said. In the politically explosive debate over identification documents mostly dealing with undocumented immigrants, the concerns of transpeople are not considered.
Legislature Resists Transgender Protections
The Republican-led New York State Senate finally added sexual orientation to the state human rights law in 2002. But the Senate remains resistant to protecting transgendered people. It will not take up school anti-bullying legislation that includes sexual orientation and gender identity. Senate Majority Leader Joseph Bruno has said he is not interested in protecting, as he put it, “transvestites.” The Gender Expression Non-Discrimination Act has not so much as had a hearing in his house.
For its part, the Democrat-dominated Assembly voted to open up marriage to same-sex couples earlier this year. However the Assembly, under Speaker Sheldon Silver, has refused to take up amending the state human rights law to add “gender identity and expression.” . . .