I won't be going to Albany next week.

I won't be going to Albany next week.

The Empire State Pride Agenda (ESPA) has decided to sponsor an "Equality and Justice Day" again this year (they didn't do one last year) on Monday, May 9th.  I've been to two of these events before and I won't be going this year.

I thought about going.  I even made plans to do it and made a commitment that I will be breaking, something I do not do lightly.  The unwillingness to go was present before I figured out the motivations behind it.  I was hemming and hawing about right up into the deadline for registration.

What sealed my decision was yet another email from ESPA about the upcoming event.  I'd received a number of these emails before and they were all very similar to what I've seen over the past few years:

MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality Gender MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality GENDA MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality MarriageEquality GENDA MarriageEquality MarriageEquality MarriageEquality MarriageEquality etc.

Then, the last missive from ESPA had the following (paraphrased), ". . . marriage equality being a life and death issue for them."

That little piece of bullshit sealed my decision.  After nine years of waiting to get gender identity protections under the law that gave the same to cis GLB people in 2002, after all the misery and pain and the Deity knows how many deaths that NY trans people have suffered because they couldn't find a job, or were humiliated by being thrown out of a bathroom, or were made homeless by some intolerant landlord and complaining tenants, I heard the head of ESPA write that the convenience of being married in the state you reside is a matter of life and death???  Sorry, they can go do for themselves without my help.

I've become convinced that, in New York State at least, trans LGB and straight people will not get equal protections until in-state marriage convenience/equality is achieved.  Yeah, most of the cis people who are working for marriage equality will then go home.  Yes, most of the resources of the cis GLB political community will go on to other things.  But then, at the very least, the issue of civil rights protections for gender vairiant New Yorkers will have the space to be seen and heard without the looming, oxygen depleting issue of marriage rights muffling the voices and drowning out the cries of the afflicted.

I've always maintained that the best way to separate your true friends from those who really don't care a whole lot is to change your sex.  The passing of the marriage equality issue in NY will do the same.  The true friends and allies of the trans community will keep working, no matter how few in number they may be.  Of course, winning on this issue will be difficult.  It'll take more time.  More trans people, including myself, will suffer the consequences of being an unprotected but vulnerable minority.  The huge distraction, however, of false friends who pay lip service while pushing you to the back of the room - and all too often out the back door - will be gone.  The selfish political activists who work only for their own immediate gain in marriage equality, at the expense of others, will have gone home.  And then, only then, will the trans community and its true allies be able to be heard. 

In the meantime I'll visit my state representatives when they are in the local area and will write them legible handwritten letters about the vital importance of civil rights protections for gender identity.  As an afterthought, I might even mention how stupid it is to grant same sex couples full marriage equality when they get married in another state or country where it's legal but not allow the ceremony performed in-state to be legally recognized.  Hopefully then, when the marriage equality brass band has stopped blaring in their ears, they may actually start to listen, having hear some faint echos about the issues before!

I'm beginning to see double!

I read an article in the Gay City News about the Human Rights Campaign (HRC) becoming involved in the fight against those New York State senators who voted against civil marriage equality last year.  The first paragraph of the article tells us,

     Signaling clearly that it is “all-in” on the push for marriage equality in the Empire State, the Human Rights Campaign, the Washington-based LGBT lobby, has launched the Campaign for New York Marriage, promising to deliver what the group’s top spokesman, Fred Sainz, termed “an unparalleled commitment of resources.”

With the Empire State Pride Agenda (ESPA) so closely resembling the HRC and it's Gay Elite Inc. focus on the monetary benefits of marriage for well to do gay and lesbian people it's no wonder that I'm seeing double.  HRC and "HRC-Lite" in the same state, working together on an issue that, while it's important, is geared primarily towards benefitting straight acting, well off gay and lesbian couples while simultaneously, and with unfortunate consistency, ignoring once again the gender variant gay, lesbian, bisexual and straight citizens of New York?  It's enough to make you nauseously dizzy!

I suppose the push towards electing politicians who support same sex marriage rights might benefit the trans community somewhat.  They might be a bit more likely to support nondiscrimination laws for gender nonconforming people.  That's a long shot though, as we have seen for far too long in this state.  It's much more likely that support for trans inclusion in the state's nondiscrimination law will be nowhere near the list of criteria they draw up for possible candidates to support.  ESPA and HRC have traditionally been too lazy to reach alll the way to the furthermost reaches where gender variant people have been pushed, substantially by Gay Elite Inc.'s doing.  The Sexual Orientation Non Discrimination Act (SONDA) of 2002 has been called a gay hate crime against the trans community.  I may not go that far but, to tell you the truth, it sure feels like it sometimes.

Where was the HRC when ESPA was giving it's lip service to the trans community this past year and previous?  Where was Senator Duane when the Senate's Judicial committee was voting the Gender Expression Non Discrimination Act (GENDA) into the trash bin?  When will it be "all in on the push" for ESPA and the HRC instead of a feeble nudge when they get around to it for GENDA?

I've written before in this blog that marriage equality affects the trans community as well as the GLB's.  My marriage is legal but because it looks like a same sex coupling I have to be prepared to out myself as trans, and to take the obvious risks by doing so, to defend it .  And do we need to be reminded of the egregious cases in Kansas and Texas where trans women were denied their existing marriage rights because of their past?  The fact remains, however, that being legally married in a legally recognized union is poor consolation when you can't get a job or are fired for transitioning.  The bigots that harass us in restaurants and who deny us a decent place to live because we are different would laugh in our faces if we waved our marriage certificates in front of their noses, no matter how legally valid they were.

I will, as I have done before, publicly support civil marriage equality in New York State and the rest of our country.  It's only right that I do so, transgender couples have a dog in this hunt as well as the GLB's.  I will continue, however, to remind Gay Elite Inc. of their promise made in 2002, to "come back" for the trans community all the while adding the less than welcome fact regarding their part of the responsibility for the broken lives, shattered families and economic failures within the New York trans community.

The view from the back burner

I was looking through the Empire State Pride Agenda (ESPA) website this morning and was struck by the general dearth of coverage there of the Gender Expression Non Discrimination Act (GENDA) and the fight to make it law.  I noted the paucity of coverage and was considering a blog post about it when I saw that Kat Rose, on the ENDAblog, noticed the same thing and beat me to it.

What she showed is more proof, as if it were really needed, that GENDA always was, and apparently always will be, so far on the back on the rearmost ESPA burner that the danger of its being pushed off the back of the stove is as real as the danger of my being unemployed for the next decade or so - until I hit retirement age, if I survive that long -  since my civil rights protections still haven't been passed into law.

 To give credit where it’s due, ESPA has done work for GENDA and the trans community in New York. They sponsored many trans people, including me, for their Equality and Justice lobbying days in Albany and have at least one trans person, a trans man, on their payroll to be the point person for organizing around this issue. The problem I have relates not to the work they’ve already done, work that I’m grateful for, but how their priorities stack up and, as the ENDAblog post shows, their priorities simply do not place much importance on the gender variant gay, lesbian, straight and bisexual trans people in New York.

I figure ESPA to be in the same mold as the HRC, run primarily by and for the well to do white gay men of the state who will always make certain their priorities are given the greatest attention, “collateral damage” be damned. They haven’t figured out yet that pushing employment and housing protections for gender variant people would ultimately give them greater resources to fight for their issues, which so many trans people support but cannot contribute to because they are too wrapped up in scratching out their own survival in a state that still considers them third class citizens.

I’m going to look at more trans centered organizations, probably NYAGRA (the New York Association for Gender Rights Advocacy), to push more aggressively in the face of ESPA failures in this regard. I’ve lost hope that ESPA can ever get the job done.

Is it finally going to pass?

I read a very good piece of news this morning which, if accurate, illustrates a very good chance that the Gender Expression Non Discrimination Act (GENDA) will pass and be signed into law this year! According to the Housing Works, an organization, "committed to ending the twin crises of AIDS and homelessness,"Senator Bill Stachowski of the 58th NY Senate district (which includes the city of Buffalo) has committed to voting yes on GENDA. That brings the number of committed yes votes to 32, the minimum required to pass the bill.

I am very grateful to Senator Stachowski for making this commitment, especially in light of his active opposition to same sex marriage rights, something I think he's wrong about. My senator, Catherine Young (57th district), is sadly not part of the list of those who will vote yes. In a written reply to a phone call I made to her office regarding this bill (S2406) she took the opposition's tactic, one that has no evidence behind it, of making it all about bathroom and locker room access without acknowledging the complete absence of evidence that similar laws have caused problems in such spaces (well, maybe some problems for those who would like to hold on to their supposed special right to discriminate against people that make them feel icky). She also ignores the real issues GENDA is designed to correct: harmful and prejudicial discrimination on the basis of gender identity and expression in employment, housing and public accommodations. I'll write her office again with hopes to convince her of her error. We'll see if she supports prejudice and discrimination or not.

The Housing Works blog mentions a June 1st lobby day but doesn't provide much specific information about that., only a contact name, email and phone number. The don't mention Buffalo or any other western New York locality so I wonder if I'll have a chance to go. I also note that nothing about this is on the Empire State Pride Agenda website nor have I heard any announcement from them yet. I've emailed them for confirmation/comment.

Stay tuned! This thing could be HUGE!!

UPDATE: I emailed ESPA and they don't seem to know anything about this. I also called Sen Stachowski’s office in Albany and was unable to get confirmation of his commitment to vote YES on S2406. His receptionist mentioned his previous opposition, and yeah, she talked about bathroom predators using the law to get away with crimes (sheesh!) but I reminded her that was just scare mongering and that such things have never happened in the places that already have similar laws. So, I guess we’ll just have to wait and see!

GENDA³

On Tuesday, March 2nd, the New York State Assembly has passed the Gender Expression Non Discrimination Act (GENDA) for the third year in a row. The tally was 91-40, with bi-partisan support. My local assembly representative, William Parment, bless his heart, voted yes all three times but for the third year in a row the bill goes to the Senate with questions about how much support it would receive there.

My local state senator, Catherine Young (good Catholic girl that she is) has consistently come out and voted against civil marriage equality for same sex couples. After three trips to Albany to lobby for TBGL issues I have yet to meet her in person. The last time my group went to her office we were met by a staffer who had been with her for only a few weeks. He knew nothing about her position on the issues we brought up and seemed a bit out of his depth when we presented our concerns. I suspect we were the first group of GLBT activists he had ever dealt with in his life. Because of her opposition to civil marriage equality and the ignorance of her staffer I suspect she will not support the passage of GENDA. I certainly have never seen anything attributed to her or her office that indicates her position so I'll assume she's opposed based on her other votes.

I was surprised to read that, "Its unclear what sort of support the legislation will enjoy in the Senate." We were assured last year, before the senate's meltdown and the ill fated and ill advised marriage vote, that the votes were there for passage in the senate. Yet now we hear they aren't sure. All I can think is that the support for GENDA was squandered away in the push towards marriage equality. It certainly wouldn't be out of character for the Empire State Pride Agenda and the GLB faction in New York's government to throw gender variant people into the Hudson as a sacrifice to marriage rights or civil rights protections for GLB people.

I suppose we'll soon see how much effort is spent trying to get GENDA passed in the senate. ESPA has announced a "call in lobby day" for the future. I hope it isn't canceled the way the last one was. I'll give Senator Young's office yet another phone call and email. I hope, this time, it works.

Marrige equality fails in New York

The vote was 24 to 38.

In a published statement, Senator Thomas Duane said,

“Today’s vote against Marriage Equality makes me very angry. Promises made were not honored. The Lesbian, Gay, Bisexual and Transgender (LGBT) community, and all fair minded New Yorkers have been betrayed. I am enraged, deeply disappointed and profoundly saddened by the vote today."

I know how he feels. (I've noted that in blog comments here and there and have been accused of holding "sour grapes" in order to trivialize my rage, disappointment and sadness.) The gender variant community in New York State have been feeling that way since before 2002 when the GLB politicos decided to throw us under the bus to pass non discrimination law that covers sexual orientation while excluding gender identity and expression. Broken promises are all we've seen since then. This year is no exception.

In his speech on the Senate floor, Sen. Duane said,

"People have said to me 'now is not the time'. There's always time to be on the right side of history."

But never the right time to truly fight for the gender variant people in New York State, Sen. Duane? Why didn't GENDA (Gender Expression Non Discrimination Act) get onto the extraordinary session agendas? Why didn't you raise hell about that? Why didn't your allies in the Empire State Pride Agenda (ESPA) say anything either?

After June, GENDA disappeared in favor of the marriage equality law in the communiques from the ESPA, the governor and from the state legislature. Somehow, the "coup" attempt by the Republicans in the senate was turned back. Was GENDA sacrificed in a deal in order to get the marriage debate and vote? Such treachery won't be admitted by anyone. We'll never know for sure but it sure looks that way.

The state legislature has gone home until the new session starts next year. It's doubtful Gov. Paterson will call any more extraordinary sessions. I guess it wasn't time yet to "come back" for the trans community. It seems it's never time if the GLB politicos can gain an advantage for themselves by sacrificing gender variant people in New York. The GLB community have had protections for seven years already. Your civil rights are protected, Mr Duane. Mine aren't. And it's apparent you think that's perfectly alright.

New York State Senate Puts Marriage Equality Vote On "Indefinite Hold"

Marriage equality was not voted on in the New York State Senate yesterday. I am not terribly disappointed.

Because the Gender Expression Non Discrimination Act (GENDA) is STILL being ignored by both the politicians and the Empire State Pride Agenda (ESPA) in favor of marriage legislation. When Gov Paterson introduced the marriage equality legislation last April he effectively doomed GENDA. While ESPA did include GENDA and the NY bullying bills (Dignity for All Students Act) in its lobbying day at the end of April their main efforts for most of the year have been almost exclusive to marriage equality. I dare say, the main impetus behind the coup that the Republicans inflicted upon the NY Senate in June was largely fueled by opposition to the marriage bill. Of course, all other unfinished legislation was thus thrown under the bus too, along with GENDA and DASA.

Until April, the consensus in NY was that marriage quality would be a dead issue for at least this year and that non discrimination and bullying laws that included GLBT kids would be in the forefront. Mr Paterson and the rest of the political system in NY once again, however, have decided that trans people and BLTG kids aren't important enough to even consider when some political hay could be made pandering to the GLB and progressive groups with legislation that was considered unpassable for this legislative season.

Apparently, this isn't over and there have been some assurances made that the vote will be scheduled again. The NY Daily News says ESPA head, Alan Van Capelle expressed satisfaction that his group has the assurance it has sought for a reasonably prompt debate and vote, and Tom Duane (openly gay NY senator) said he was "happy" with the outcome. Of course they are happy! They are cissexual and cisgender people with all the privilege that comes with those identities. They don't have to worry about losing their jobs, being thrown out of their apartments or being denied service in a hotel or restaurant because of who they are.

Like in Massachusetts, Connecticut and New Hampshire, the GLB community in NY apparently still thinks marriage equality is worth throwing gender variant people under the bus. This is on top of the past treachery from 2002 when they supported non-inclusive non discrimination law which then passed. At the time, the trans community was told to wait. To be patient until they could come back to us. When the hell is that going to be? I daresay, unless some fundamental changes are made in both ESPA and the state government, the answer to that is never.

NYS Assembly passes marriage equality bill!

I see that the New York State Assembly passed AB 7732, the civil marriage equality bill. I'm very pleased that they did so. I am a staunch supporter of civil marriage equality, something many of my previous blog posts have illustrated. Those who discuss this matter in my local newspaper's online Letters to the Editor section probably guessed that too. I'm sure the community will fight hard now for its passage through the state senate.

I still haven't heard any details regarding the Empire State Pride Agenda's (ESPA) call in day for GENDA (Gender Expression Non Discrimination Act). I guess they've been busy with other things. An article in the NY Post (don't ask) says that "Democrats in the Senate are working furiously to get enough votes to turn the proposal into law." This comes as no surprise. As I previously noted, it sure looks as if the GLB committment to GENDA sure flew out of the window in a hurry when Governor Patterson made his marriage bill announcement last April 16th.

So, with the same amount of hope as the fellow that began bailing the Titanic with a teacup, I sent a note today, to Senate Majority Leader Malcom Smith and to the senate sponsor of the marriage bill, Thomas K. Duane, asking them to remember GENDA and pass it first.

Dear Senators Smith & Duane,

I've just finished reading about your vigorous efforts to push marriage equality legislation through the New York State Senate. I'd like to thank both of you for your efforts in this very important issue. I would also like to take this opportunity to ask you not to forget the thousands of unprotected transsexual and other gender variant people that are watching in dismay how their main legislative interest seems to have been pushed aside.

I had hoped that when Governor Patterson announced his introduction of marriage equality legislation, that GENDA would not be forgotten. Unfortunately, in the public sphere and in the news it seems it has been. I'm not a politician and there may well be other factors involved, but I would think a vote for GENDA would be easy to do right now with all the noise and attention being paid to marriage equality but once again, those of us who do not fit gender stereotypes are poised above the wheels of the bus, so to speak, waiting to be dropped. Please do your best to correct the state's omission when they passed SONDA, seven long years ago, without the inclusion of gender identity and expression.

While I consider civil marriage equality to be very important, I believe that GENDA is vital. The ability to marry a same sex sweetheart is pretty worthless if you can't get a job no matter what your qualifications are or if your landlord has thrown you out of your home because he doesn't "rent to your kind." Being married to a person of the same sex doesn't help when a bouncer throws you out of a bathroom or your family out of a restaurant because some paranoid and ignorant customer made a complaint about your appearance.

I think this bill is vital and will not cause the harm its opponents predict it will (with no evidence). I am asking you as a lifelong, law abiding, citizen of New York State, please join your colleagues in the Assembly, work to pass S02406 out of committee and ensure its full passage in the New York State Senate.

Thank you,

I hope those who read this will send these two senators similar emails or faxes. Please be sure to let them know there are real people being affected by the apparent shift of priorities away from nondiscrimination and towards marriage equality.

Thei email addresses: masmith@senate.state.ny.us, duane@senate.state.ny.us

I make jokes about hopelessness but I really think it is imperative that these politicians are reminded that GENDA is about survival, it's about having and keeping a paycheck when someone transitions. It's about keeping a roof over your head when you come out to your landlord. It's about being treated with respect and dignity in the public spaces we all have to enter sooner or later. Let's make sure that even if they fail us on GENDA, that we can hold our heads high and say, "It may not have been much, but I did my best!"

E and J Day, NY and GENDA

I think I need to get a laptop computer when I'm in funds again. My desktop compy is in the Library/Office of my house and it takes me out of my kitchen.

I read a blog today, The Curvature that talked about one woman's experience at this year's Equality and Justice Day, in Albany, New York, on April 28th. It echoed a great deal of my experience and also my conclusions. It seemed very clear that, once again, trans people and their issues were pushed behind marriage equality.

When Governor Patterson made the announcement, a few weeks before E&J Day, that he would be introducing a marriage equality bill I was filled with dismay. I thought this would be the year for GENDA, the Gender Expression Non Discrimination Act. It was widely known and pretty much accepted that marriage equality legislation had no chance in the state senate. I felt that, finally, the GLB community would have nothing to distract them from their promise of 2002 (when sexual orientation was added to NY nondiscrimination law), that they would, "come back" for gender variant people. The governor's announcement changed all that.

I then realized that this may just be a brilliant political ploy! With all of the right wing opposition to civil marriage equality being highlighted, with all the noise about "protecting marriage," there would be perfect political cover for those who wish to vote for protection while not wishing their center/right constituents to notice. The heat and smoke of a civil marriage debate is perfect for minimizing the political cost, if there ever really was one, of voting yes on GENDA.

I determined that the tone of E&J Day would provide a clue as to how much the GLB community would come to the same conclusion. I figured that the Empire State Pride Agenda (ESPA) would loudly and publicly fan the flames for marriage equality while telling the meeting facilitators to concentrate on GENDA and the Dignity for All Students Act, a bill to protect youth, TLGB youth included, from bullying in schools. Too bad that's not what I perceived. The meeting facilitator for my district was a trans woman from Rochester, New York and we were able to get all three issues on the table. I felt lucky in this because there was no real instructions from the leadership to present GENDA first. As a matter of fact, on one sheet of the handouts, one titled, "What we are seeking from our elected officials," the first issue listed was marriage equality.

Well, I guess I should have expected it, and I guess I did, to a point. So now GENDA finds itself stuck in a senate committee waiting for a vote to get it to the full senate. ESPA is publicizing a call in day, date as yet undetermined, to try to get it moving. I don't expect a lot of GLB support in this, however, so I decided to send a letter, on my own, to the Investigations & Government Operations committee of the New York State Senate:


Dear Senators,

I am writing today to urge you and your colleagues in the Investigations and Government Operations committee to approve of and vote for bill #S02406, commonly known as the Gender Expression Non Discrimination Act (GENDA), in order to pass it on to the full Senate. I believe the need for this bill is critical and that it's passage is long overdue.

While the current furor over same sex civil marriage rights is raging at full force I believe that this bill is more important by way of its impact on people's lives. Those people, like myself, who do not express their gender in stereotypical ways are still vulnerable to harmful discrimination that leads to the loss of jobs and housing along with denial of public services without the benefit of legal recourse. It matters not what sexual orientation a person has, gender identity and expression are separate issues based on identity, not sexual attraction. The Sexual Orientation Non Discrimination Act (SONDA 2002) does not include gender expression and identity and does not protect us from the kind of harm that New York nondiscrimination law was written to prevent.

Some opponents of this bill have incorrectly concentrated upon the public accommodations portion and specifically on bathrooms, changing and locker rooms. The argument is that a gender identity and expression law would expose women to, or somehow protect, male predators when they enter ladies bathrooms and commit crimes. Examples are not given because they do not exist. The argument is made with no proof or example from the 13 states and almost 100 other counties, cities and towns that already have passed similar laws, the first in 1976! Buffalo, Rochester, Albany and New York City are among those places that have similar laws with no reported problems. The fact is that nondiscrimination law that includes gender expression and identity has never caused the kinds of problems its detractors in New York and elsewhere say it will.

While I consider civil marriage equality to be very important, I believe that GENDA is vital. The ability to marry a same sex sweetheart is pretty worthless if you can't get a job no matter what your qualifications are or if your landlord has thrown you out of your home because he doesn't "rent to your kind." Being married to a person of the same sex doesn't help when a bouncer throws you out of a bathroom or restaurant because some paranoid and ignorant customer made a complaint about your appearance rather than behavior.

In conclusion, I think this bill is vital and will not cause the harm its opponents predict with no evidence. I am asking you as a lifelong, law abiding, citizen of New York State, please join your colleagues in the Assembly, pass S02406 out of your committee and ensure its full passage in the New York State Senate.

I would like to urge everyone who reads this to either copy/paste or write your own letter and send it to the members of the committee. Trans people and their allies cannot rely on anyone else to take their bull by the horns. It's our job. Here are the email addresses:

johnson@senate.state.ny.us, diaz@senate.state.ny.us, espada@senate.state.ny.us, golden@senate.state.ny.us, klein@senate.state.ny.us, nozzolio@senate.state.ny.us, stachows@senate.state.ny.us, winner@senate.state.ny.us

I will participate in the ESPA call in day when it's announced. I urge everyone else to also. I want to remember not to rely on organizations whose main focus is the gay and lesbian community, however. Let's help them help us but let's not think we can do nothing else for our own good.