Showing posts with label transgender rights. Show all posts
Showing posts with label transgender rights. Show all posts

Tuesday, May 17, 2011

Statement from Gov. O'Malley on Baltimore County Hate Crime Case

Governor Martin O’Malley issued this statement today following the hate crime charge in the beating of Chrissy Lee Polis last month in Rosedale:

“I want to commend Baltimore County State's Attorney Scott D. Shellenberger for using every available means to prosecute the heinous beating of Chrissy Lee Polis last month.

“Even with Maryland's 'hate crimes' law, it is clear that more must be done to protect the rights and dignity of transgendered people. In the struggle for justice and equality for all, I'm committed to working with the Maryland General Assembly during the next legislative session to increase awareness and provide even greater protections for transgendered people.

“As some have noted, out of this awful beating has come a moment to foster a deeper understanding and respect for the dignity of all persons. We should not allow the moment to pass without greater action.”

Read More...

Friday, April 29, 2011

Pena-Melnyk Writes Her Colleagues on Last Week's Attack

 

The following is a Dear Colleague letter sent by Del. Joseline Pena-Melnyk in response to the horrific attack on a transgender women in Baltimore County last week (see the above video) that demonstrates why the anti-discrimination legislation she has championed is so badly needed.

To My Maryland General Assembly Colleagues,

I respectfully ask that each of you take the time to view the video at this link, but please be advised that it is disturbing and portrays a horrific hate crime:

http://www.nydailynews.com/news/national/2011/04/23/2011-04-23_mcdonalds_beating_video_victim_is_transgender_maryland_attack_is_hate_crime_says.html?r=news

Incidents such as this illustrate why the transgender community in Maryland and elsewhere needs to be protected through antidiscrimination legislation. Supporters of House Bill 235 in this past legislative session recognized this need and stood up for the rights of this community. While HB235 did not include protection from discrimination in public accommodations due to the intense pressure opponents placed on the bill’s supporters, the bill would have raised public awareness of the issue and paved the way for complete protection for Maryland’s transgender population. Contrary to statements made by those who should be leading the fight for civil rights in Maryland, this was not an anti-family bill, but a basic civil rights bill. The failure of this bill goes against Maryland’s long history of being in the forefront of civil rights movements.

This attack, which took place in District 8, has been broadcast all over the national news, and the video has gone viral, bringing shame to the State of Maryland for allowing such things to take place. I challenge each of the Senators who voted to recommit HB235 on sine die (see the link at http://mlis.state.md.us/2011rs/votes/senate/1123.htm) to serve as primary sponsors of a stronger version of HB235 in the 2012 legislative session. It is time to rectify the wrong that has been done to transgender citizens of our State.

Sincerely,

Joseline

Read More...

Tuesday, April 12, 2011

Sen. Madaleno's Statement on GI Bill Demise

I am extremely disappointed by the Senate’s action today to send HB 235 back to the Judicial Proceedings Committee. The twisted and unfair process HB 235 had to go through to even make it to the Senate floor mars the Senate’s otherwise outstanding work this year. The Senate’s treatment of this legislation will be remembered for a long time by the LGBT community and Marylanders who believe in equal rights for all.

After an overwhelming vote in favor of HB 235 by the House of Delegates, this bill was inappropriately referred to the Senate Rules Committee, which delayed action for nearly a week. After successful votes in the Rules Committee and Senate Judicial Proceedings Committee, the full Senate never had an opportunity to debate this issue because of today’s vote to recommit.

The Senate’s action today means that transgender individuals in Maryland will continue to be denied housing on the basis of their gender identity. Every homeless transgender person that dies on the street will do so because of the Senate’s failure to pass HB 235. Every transgender individual who cannot provide for themselves or their family because they are denied employment based on their gender identity will do so because of the Senate’s failure to pass HB 235.

I remain firmly committed to seeing this landmark civil rights legislation pass the Maryland General Assembly. Before next session, I will pre-file a new version of the Gender Identity Antidiscrimination Act that includes provisions for housing and employment, as well as public accommodations in the hope it can receive a full debate and vote in the Senate before the last day of the session.

Read More...

Monday, April 11, 2011

Senate Kills Gender Identity Bill on Recommit Vote

The Senate voted 27-20 to recommit the Gender Identity Anti-Discrimination Bill back to the Judiciary Committee, effectively killing it on the last day of the legislative session.

All Montgomery County legislators voted against recommitting the bill. Sen. Kittleman was the only Republican to vote to support the bill. The breakdown among African-American senators followed the pattern of the marriage bill with Baltimore City legislators tending to vote against recommitting the bill with their counterparts from Prince George's voting to recommit the bill.

Key switchers from the marriage bill which passed the Senate included Senators Kasemeyer, Klausmeier, Robey, and Zirkin. Two Democratic senators from more marginal districts who nonetheless supported the bill were Senators Brochin and Young.

Voting to Recommit (against the bill)
Miller
Astle
Benson
Brinkley
Colburn
Currie
DeGrange
Dyson
Edwards
Getty
Glassman
Jacobs
Jennings
Kasemeyer
Klausmeier
Mathias
McFadden
Middleton
Muse
Peters
Pipkin
Reilly
Robey
Shank
Simonaire
Zirkin

Voting against Recommit (for the bill)
Brochin
Conway
Ferguson
Forehand
Frosh
Garagiola
Gladden
Jones-Rodwell
Kelley
King
Kittleman
Madaleno
Manno
Montgomery
Pinsky
Pugh
Ramirez
Raskin
Rosapepe
Young

Read More...

Thursday, March 10, 2011

Bonita Spikes Speaks Out for Her Child

Reproduced below is her amazing testimony on behalf of the Gender Identity Anti-Discrimination bill at the hearing held yesterday

Chairman Hammen and Committee members, I thank you for allowing me to come here to ask for your support for House Bill 235 – Gender Identity and Gender Expression Anti-Discrimination.

My husband and I knew very early on that our youngest child was uniquely different. Michael, as he was known growing up, told my husband and me that he felt he was trapped in the wrong body ever since he could remember. We loved him and tried to be understanding. As he approached early teens he stated he wanted to dress as a female. I knew nothing about what it meant to be transgender, but I sought out information and did my best to educate myself.

My child, who now goes by Michelle, is a transgender woman. Michelle is one of the nicest, most patient, most kind people I have ever known. As a young person, she volunteered at the nursing home hospice center, where I was nursing, and at the humane society. She still volunteers for different social justice causes. Everyone who gets to know my child loves my child -- teachers, friends, family members, neighbors. But that does not make my child immune to unwarranted prejudice and discrimination from those who would judge her just because of her gender identity.

In 2000, my child was hit on the head with a metal pipe and left for dead simply for being different. There was a scary period in intensive care, a brain injury, and amnesia after the fact. Michelle still has a few neurological issues. But thank God she is alive. She can't understand why someone who doesn’t know her would wish her dead.

Frankly I don't know why in this America where we place our hands over our hearts and pledge to work for “liberty and justice for all,” we still have not created the most minimal of legal protections for citizens who are so disproportionately subject to discrimination and violence simply because of how they look!

I want you to think long and hard on the facts I have shared today. Think about how you might feel if it were your child. Wouldn't you would want to make sure your daughter could make it in the world and be able to find a job? That she could acquire meaningful and well-paying work based on her ability ? Would you want your daughter to be denied a place to live regardless of her ability to pay?

My child hasn’t had it easy in this world. I am not asking you approve of my child, understand my child, or celebrate my child. All I am asking is for you to make a public policy decision that discrimination in housing and employment on the basis of one’s gender identity is wrong and should be illegal. Please, I urge you to make Maryland a place that is safe and fair for the citizens who need these protections. These citizens are our brothers and sisters – these citizens are our children. I urge you to vote for a favorable report of House Bill 235.

Mrs. Bonnita Spikes

Read More...

Monday, May 04, 2009

Shower Nuts Take Credit for Continued Discrimination

Jim Kennedy of Teach the Facts has a great post exposing the Citizens for a Responsible Government's taking credit for the defeat of the state transgender anti-discrimination bill.

Among other things, the shower nuts are distributing a flyer criticizing Montgomery County legislators for supporting an end to discrimination against transgender people. But the nuts goofed when they designated Prince George's County Delegates Justin Ross (D-22), James Hubbard (D-23A) and Marvin Holmes (D-23B) as representing Montgomery. Are any of our readers interested in helping them figure out how to navigate the General Assembly's website?


Read More...

Monday, March 30, 2009

Transgender Anti-Discrimination Bill Going Down – Again

For the third year in a row, a bill banning discrimination on the basis of gender identity is headed to the abyss. Why? It cannot get a vote in the Senate Judicial Proceedings (JPR) Committee.

In 2007, an anti-discrimination bill had 25 House sponsors and 2 Senate sponsors. It received an unfavorable report by JPR. In 2008, another anti-discrimination bill had 2 House sponsors and 3 Senate sponsors. It did not come to a committee vote in either the Senate or the House. This year’s bill has 67 House sponsors and 14 Senate sponsors. Every Montgomery legislator except Senators Brian Frosh (D-16) – the JPR Chairman – and Rona Kramer (D-14) and Delegates Ben Kramer (D-19), Henry Heller (D-19) and Herman Taylor (D-14) is co-sponsoring the bill.

The House Judiciary Committee is not the problem since 13 of its 22 members are co-sponsors. But they are waiting for JPR to act. Only 3 of JPR’s 11 members (Senators Lisa Gladden, Jennie Forehand and Jamie Raskin) are co-sponsoring the bill. And there it sits, unwanted by most of the rest of the committee. We hear that some JPR Democrats are asking - half-jokingly - whether passage of the bill means that their female secretaries will be getting mustaches or beards.

The bill probably does not have enough support to pass JPR since the lineup is the same as in 2007, when the committee did not pass it. But now that the bill has attracted massive support in the House, shouldn’t JPR Chairman Frosh at least allow a vote?

Read More...

Monday, November 10, 2008

Frosh Raising Money for Muse

We don’t normally quote fundraiser announcements here, but this one is bound to raise some eyebrows in the GLBT community.

Governor Martin O’Malley
Lt. Governor Anthony Brown
Senate President Thomas. V. “Mike” Miller, Jr.
House Speaker Michael E. Busch
Senator Brian Frosh, Judicial Proceedings Committee Chair
Prince George’s County Executive Jack B. Johnson
Prince George’s County Council Chair Samuel H. Dean

Invite you to a breakfast honoring
Senator C. Anthony Muse

Wednesday, November 19th
7:30am-9:00am at
The Country Club at Woodmore
12320 Pleasant Prospect Road
Mitchellville, MD 20721

Sponsors: $1,000, Hosts: $500, Guests: $250

Checks should be made payable to:
Friends of C. Anthony Muse
1509 Light Street
Baltimore, MD 21230

For more information or to RSVP please contact
410-727-0501 or stephaniemellinger@rcn.com

By authority of Friends of C. Anthony Muse
Sharon Brandon, Treasurer
So what’s the big deal? Political muckety-mucks always raise money for other muck-mucks. But in the eyes of the GLBT community, Senator Muse (D-26) is no ordinary muck.

Senator Muse is a swing vote on GLBT issues in the Senate’s Judiciary Proceedings Committee. But he mostly swings against them. In the 2007 session, Senator Muse helped kill a bill banning discrimination against transgendered people in committee despite promising to support it. Equality Maryland Executive Director Dan Furmansky told the Blade, “We had the vote count on the floor of the House and the floor of the Senate... We had the votes.” In 2008, Senator Muse refused to support marriage equality in committee, causing it to die without a floor vote. At the time, he told a Baltimore radio station, “Unequivocally, I stand for Christian marriage and have no intentions of tampering with that at all.”

Senator Muse is not the only Democrat who is uncomfortable with the notion of granting full civil rights to gay, lesbian, bisexual and transgendered people, but his committee position gives him a unique opportunity to block these initiatives. And who is the Chairman of the Judicial Proceedings Committee? None other than Senator Brian Frosh (D-16), who is listed prominently as a co-sponsor of Senator Muse’s fundraiser.

Senator Frosh is considered one of the legislature’s most prominent progressives, especially on environmental and civil rights issues. But he is also interested in succeeding Big Daddy as the next Senate President. To do that, he needs support from Prince George’s County Senators like C. Anthony Muse.

One old Annapolis hand virtually yawned when I pointed this out. This individual told me, “It is common practice for committee chairs to attend and support the fundraisers of their committee members. I have even seen the Republicans publicize their Democratic chairs for fundraisers. There is nothing out of the ordinary for Annapolis. Maybe it should be but it is common in our culture.”

And so this is business as usual. That’s fine for the Lords of Annapolis. But how does any of this help gay, lesbian, bisexual and transgendered people who are seeking their civil rights?

Update: Three different politicians have weighed in on this off-blog. None of them see a problem here. All say it would be very unusual for Senator Frosh, as Senator Muse's committee chair, to not co-sponsor the fundraiser. That shows how important protocol is in Annapolis.

Read More...

Wednesday, September 17, 2008

MCDCC's Sample Ballot

By Montgomery County Democratic Central Committee (MCDCC) member Marc Korman.

A recent Maryland Moment post announced that the Prince George’s County Democratic Central Committee has taken no position on the slots (sorry, video lottery terminals) question on the ballot in November. As MPW’s resident Montgomery County Democratic Central Committee (MCDCC) member, I thought I would share how the recommendation process works in our county. Why does it matter? Because the recommendation of the Central Committee is what gets printed on the Party’s sample ballot, which is mailed to the approximately 250,000 registered Democrats in Montgomery County.

The Process So Far
Back in April, I posted information about how to apply for the MCDCC Ballot Advisory Committee. MCDCC appointed the Committee members in May, appointing all fourteen applicants (one of whom later withdrew).

Below is the name of each member and some information about them. The information is not meant to be exhaustive:
1. Elliot Chabot-District 19 MCDCC member and chair of the Ballot Advisory Committee.
2. Stan Boyd-District 20 precinct official.
3. Doug Canter-President of the D16 Democratic Club and precinct official.
4. Lora Drezner-District 15 precinct official.
5. Elihu Eli El-District 20 precinct official.
6. Dolly Kildee-Distirct 17 precinct official.
7. Eric Luedtke-District 14 precinct official.
8. Judy Stout-District 39 precinct official.
9. David Kipping-District 19 precinct official.
10. Rosalind Kipping-District 19 precinct official.
11. Esther Gelman-Former County Council and Planning Board member.
12. David Scull-Former County Council and General Assembly member.
13. Veronica Sheets-District 20 resident.
14. Luis Zapata-Organizer for several campaigns.

The Committee met over the summer, deliberating and exchanging thoughts on the ballot questions both at those meetings and through other means. On September 2nd, they held a three and a half hour public hearing, allowing members of the community to share their views on the important issues at stake. I attended the hearing, which featured testimony from elected officials, community leaders, and others, primarily on the transgender referendum (since removed from the ballot by court order) and slots.

Following the public hearing, the committee deliberated further and came up with recommendations on each of the ballot questions in a detailed report. Their recommendations on the most consequential ballot questions were:

Early Voting- Support
Video Lottery Terminals/Slots-Oppose
Enactment of Transgender Non-Discrimination-Support
Charter Limit Override Votes Increase (Ficker Amendment)-Oppose

What Happens Next
The Ballot Advisory Committee recommendations are forwarded to the Montgomery County Democratic Precinct organization, which consists of a chair and vice chair for each of the approximately 250 electoral precincts in Montgomery County. Later in September, the precinct officials will take a position on each of the ballot questions by vote.

Following the precinct officials’ meeting, MCDCC votes on each of the ballot questions. If MCDCC’s position on a question is the same as the precinct officials, that is the position of the party. If MCDCC disagrees, then the party takes no position by default, meaning they are neutral. I have been told that since MCDCC adopted that policy a decade ago, they have never disagreed with the recommendations of the precinct officials.

Why Does It Matter?
It matters because the Democratic sample ballot will have the party’s positions on it. That ballot is mailed to 250,000 registered Democrats in the County and is available outside the polls on Election Day. It will not determine how every Democrat votes, but it can be influential.

Read More...

Thursday, August 21, 2008

Guest Blog: Living with Discrimination as a Transgender Woman

My name is Maryanne Arnow, a transgender woman, native Marylander, and Montgomery County Resident of more than 35 years, openly living in mainstream public society.

In the last year, I've had to face distinct increases in discrimination and denigration from the general public in the normal course of my daily life. This is occurring directly as a result of a local campaign from conservative groups that continually foster unwarranted fears, stereotypical misrepresentations, and highly negative references to transgender people, in the public eye of perception.

I have faced extreme social and workplace humiliations in the last several years since beginning my transition (change) of gender. I have applied at dozens of restaurants, retail stores, warehouses, and even major hotel chains such as Marriott, most located in Montgomery County.

I have walked into the ThaiTanium restaurant in Kentlands, professionally and appropriately dressed as always, spoken to their dining room manager, and been told that they were in fact hiring with positions open. I was then told the next day by one of their kitchen managers, who was callous and smirking at best, upon realizing I was transgender, that there are no positions available.

I applied years ago with P.F. Chiang's restaurant at White Flint Mall, prior to beginning my transition. They all but begged me to enter their management training program at that time, based on my resume, interviews, and obvious qualifications. I reapplied last year, upon learning they were still hiring throughout their company. I spoke frankly to more than one manager as to the changes I have made since the first time I had applied, the last of which was cold and callous towards me. I have yet to have had one follow-up call returned since then.

I applied at a retail clothing store in Rockville - Loehman's on Randolph road. The manager was ready to hire me for retail and management training until I informed her I was preparing to transition in gender. She told me that I would have to keep it under wraps, and I was never contacted again after having two interviews with them and basically being told I was going to be hired.. All attempts at follow up were avoided by their staff, and my calls never returned.

I even applied at the Starbucks shop next door to where I live - Kingsview in Germantown. I had spoken with one of their shift managers that has been friendly to me, and specifically asked that I come in to apply, as they were hiring, and he knew I had years of service industry experience. Upon interviewing with the store's general manger, he spent more time looking around the shop to see who was watching us, than any attempt at sincere eye contact with me. They have never returned any follow up to me. The list is so long I cannot even detail it in this letter. It all smacks of intolerance, and unwillingness to give highly qualified people a chance, apparently based more on outward appearance, than professional qualifications.

As it now stands, it is both legal and apparently still socially acceptable to discriminate against anyone like myself in hiring, workplace, housing, public services, and public accommodations. I once again have no civil rights or legal protections at any level. Not federal, state, or county, and mainly as a direct result of the actions of these groups to force a referendum on this law.

We have been burned at the stake, in the use of guilt by association to other highly negative stereotypes such as pedophiles and sexual predators. This has nothing to do with transgender people whatsoever. This is an outright lie. It is a crass, cruel, and disgusting distortion. This is an utter fallacy to the fullest extent that it has been used by these groups.

As a fellow citizen, neighbor, wife, and daughter - as a warm and articulate person, and skilled professional Culinary Artist, I have found this intolerably painful. This is entirely unacceptable by any ethical standard that I know of. There have been direct, and deeply negative impacts on my life as a result of such discriminatory behaviors.

Enough is enough. Help restore my most basic civil rights, and overrule the falsehoods being spread by these groups, once and for all.

Most Sincerely and Respectfully always,

Maryanne A. Arnow

Note: For more on this issue, see our post from February, "What Transgender Opponents Really Think." And if you would like to help Ms. Arnow, visit Basic Rights Montgomery.

Read More...

Tuesday, July 29, 2008

Transgender Bill Defenders Gear Up for a Fight

Reacting to a recent court decision allowing the anti-transgender referendum to proceed, the transgender bill’s defenders have launched a new website and are seeking staff.

Upon looking at the website, I was struck by the fact that it did not list its backers. But the site does list a treasurer: Christine Grewell, who served as treasurer in the 2006 campaigns of County Council Member Marc Elrich and District 18 delegate candidate Dana Beyer. (Ms. Beyer, a staffer for the bill’s lead sponsor, Duchy Trachtenberg, is a Vice-President of Equality Maryland and a prominent backer of the bill.) As many donors may be uneasy about contributing to an anonymous site, more names than just Ms. Grewell’s may be helpful.

Incidentally, wouldn’t it be outrageous if the shower nuts started a pro-transgender site to collect donations? That would be one way to drain the enemy of resources! But the shower nuts are not clever enough for that and Basic Rights Montgomery is a real organization.

According to this press release from the National Gay and Lesbian Task Force, Basic Rights Montgomery is chaired by Equality Maryland board member James R. Walker Jr., who is also a plaintiff in the lawsuit against the county’s Board of Elections. Equality Maryland is seeking a campaign manager and the new website’s purpose is, in part, to raise enough money to pay that person. Whoever it turns out to be, that individual could never be paid enough money to tolerate the hysteria coming from the other side.

In the end, the greatest advantage held by the bill’s backers may not be money or staff, but the referendum’s language as approved by the County Council. The language reads:

Shall the Act to prohibit discrimination in housing, employment, public accommodations, cable television service and taxicab service on the basis of gender identity become law?
This ensures that every voter will be reminded of the ultimate purpose of the transgender bill: outlawing discrimination. Few Montgomery County voters will knowingly support discrimination so the shower nuts have a high curtain to climb.

Read More...

Thursday, July 24, 2008

Court Sides with Shower Nuts (Updated)

Montgomery County Circuit Court Judge Robert A. Greenburg ruled today that the anti-transgender ballot referendum could go forward. But his opinion was based on one narrow issue: the timeliness of the challenge. Equality Maryland is vowing to appeal.

Judge Greenburg rejected an argument from Equality Maryland that the voter's name be entered on a petition exactly as it appears on the voter registration rolls. I agree with that reasoning as few voters carry their registration cards and petition gatherers should not be expected to carry hundreds of thousands of voter registration records with them. But he also ruled that the Board of Elections applied the wrong standard for calculating the petition threshold necessary to trigger a referendum. And he said that the Board had a greater responsiblity for verifying signatures than acting as "something more than that of a bean-counter."

So if the judge believed that the Board applied the wrong standard for gathering a sufficient number of names for the petition and that the Board did not perform due diligence on the signatures, then why should he let a technical issue like timeliness rescue an otherwise faulty petition? After all, this ruling allows the Board to make future mistakes on petition thresholds and encourages future ballot groups to slip in dicey signatures. If the signatures are suspect and the wrong standard for certifying them is applied, why allow the referendum to stand under any circumstance?

One way or another, Montgomery County voters will not support discrimination. Even the shower nuts sensed that when they objected to the wording approved by the County Council for the ballot. But if Judge Greenburg's decision is upheld, the will of the voters will only be expressed after great sums of money - and great amounts of vitriol - are expended.

Update: Jim Kennedy at Teach the Facts has more details on the ruling.

Read More...

Friday, July 18, 2008

Supporting the Transgender Non-Discrimination Act: Part 2

By Marc Korman.

In part one I discussed the contents of the Transgender Non-Discrimination Act up for repeal on the November ballot. For the policy reasons alone, I oppose repeal. But there are also two political reasons: ballot initiatives run amuck and rewarding the far right.

Ballot Initiatives Run Amuck
I first got involved in politics while in college in California. The Golden State has provided us with endless hours of entertainment from Hollywood, the ability to read MPW from Silicon Valley, and the nectar of the gods from Napa. Unfortunately, it has also set the tone for ballot initiatives. As of 2003, 85% of California’s over $100 billion budget was controlled by state initiative and not the legislature and governor. California’s ability to raise revenue has also been severely harmed by a property tax cap so rigid even Ronald Reagan opposed it at the time and the need for supermajorities in the legislature to raise any tax. That means when California has a problem, for example an electricity crisis as they had a few years ago or an infrastructure deficit as they are currently experiencing, elected officials cannot effectively work for solutions. For a full treatment of California’s political decline relative to its increased ballot initiatives, see Fareed Zakaria’s The Future of Freedom. California has helped trigger a national increase in ballot initiatives. Their use has grown from just 88 across the country during the entire decade of the 60s, to 204 in 2000 alone.

The biggest problem with the growth of ballot initiatives is that complex issues of public policy are being boiled down to single paragraphs on ballots, thirty second commercials, and knee jerk reactions by voters. The latest example is a Colorado ballot initiative which would declare a fertilized egg a person for the purpose of constitutional rights. That’s an important issue, but probably one that should be informed by oversight hearings, scientific panels, and careful deliberation, not attack ads.

Unfortunately, Maryland seems to be joining the ballot initiative trend with not only the transgender referendum, but also the slots referendum which I consider an abdication of responsibility by Annapolis. Our country and its states are famous for democracy, but that word does not appear in the US Constitution. Republic does, because we elect representatives to go to Washington, DC and state and local capitals to do the hard work of research and deliberation on matters of public policy. They do not always do it well, but it is their job and instead of taking it off their hands through ballot initiatives, we need to hold them accountable at elections.

Rewarding the Far Right
Now all my reasoned policy and political process discussion gets cast aside in favor of cold, partisan politics. I do not believe that most opponents of the transgender bill are discriminatory, but I do think they are discomforted. As with many white Americans when it comes to African American equality and many heterosexual Americans when it comes to gay rights, they do not hate, they just do not know. The problem is greatly enhanced with transgendered issues because there are fewer and people are less likely to meet and know them. With time, as with these other communities, understanding will grow. Just as with discrimination against African Americans, homosexuals, and other groups, there will always be stragglers, but change will come.

However, those who will be rewarded should the referendum succeed are not just the discomforted. Some are discriminatory, and many more are just politically motivated. They will revel in the success of the referendum regardless of the policy because it comes in liberal Montgomery County. They will crow on talk radio and use it as a tool to raise more resources and recruit new members. The same organized right wing groups have already been rebuffed by the Maryland courts over the sex education curriculum. They need to be defeated here too or they will be empowered to challenge progressive Democrats throughout the County in 2010. Would they win much? Probably not, but it is a fight that could be entirely avoided by defeating the referendum.

Conclusion
For policy and political reasons, I oppose the transgender referendum. But, as my contracts professor always said, “reasonable minds can differ.” I hope as the debate continues we remember that it is reasonable that we need to be, not prejudiced or dogmatic.

Read More...

Thursday, July 17, 2008

Supporting the Transgender Non-Discrimination Act: Part 1

By Marc Korman.

I recently had dinner with my father and the transgender legislation ballot referendum came up. He had not heard anything about it, because despite being vocal and caring deeply about national politics, he has almost zero interest in the local end. After I started to give him an explanation of the issue, he cut me off and said “they don’t bother me, I won’t bother them.” Meaning he would vote against any effort to repeal the County Council-approved law because he does not really care if someone is transgendered because it does not affect him. I doubt convincing others will be as easy, so I thought I would offer some reasons why I oppose the effort to repeal the Transgender Non-Discrimination Act. Part one will deal with the policy grounds. Part two will deal with the political grounds.

Background
Last year the County Council passed Bill 23-07, the Transgender Non-Discrimination Act. The Council memorandum on the legislation is available here. The legislation was controversial from its initial offering until today. Its opponents have petitioned a referendum of the legislation on to the November ballot. The two sides are still battling over the propriety of the referendum in court.

What The Bill Does
Call me old fashioned, but to find out what a piece of legislation does I like to read it, rather than what its supporters and opponents are saying about it. Their views can help inform, but cannot replace actually reading the text. So what does the bill actually do? The basic purpose is to provide transgendered individuals with the same protections as already exists to protect against discrimination based on race, sex, marital status, religion, ancestry, national origin, disability, and sexual orientation. The areas in which the bill seeks to extend protection are housing, commercial real estate, employment, taxicabs, and public accommodations.

So what does that protection mean? It means that a restaurant cannot refuse service to an individual because they are transgendered, just like they cannot refuse to serve someone who is black. It means that a piece of commercial real estate cannot be sold or leased for a higher cost only because someone is transgendered, just as more cannot be charged because someone is a single woman. It means that a taxicab driver cannot refuse to transport a person solely because they are transgendered, just as a taxicab driver cannot refuse to transport a person solely because they are disabled.

The legislation also charges the County Human Rights Committee with a number of educational, investigative, and informational tasks related to the new protections.

So Why All The Controversy?
I think to most people, those protections sound sensible. I have heard two major complaints about what the bill does. The first is on whether or not employers will be able to control the appearance of their employees. The second is about restrooms, which has monopolized most of the coverage of the legislation.

Regarding employee appearance, the bill specifies that an employer may require an employee to conform to reasonable workplace appearance, grooming, and dress standards. Insofar as those requirements do not violate state or federal law, are consistently applied, and allow employees to dress consistent with their gender identity, the business can impose appearance requirements. I believe that means they can require their employees to dress neatly and in sync with the rest of their employees, but still leaves some discretion and rights to the employee. I am not entirely sure why there is an issue here. I mean, why do I really care what my cable repairman, doctor, or waiter wear, as long as they act in a professional manner and do their jobs?

The more controversial issue is about restrooms. While being considered by the County Council, the issue of restrooms and locker rooms drew the most interest. There was a concern that the legislation would lead to men, or those who appear as men, going to the bathroom in the ladies room or vice versa. Or that men, or those who appear as men, would change in the women’s changing room.

Speaking from nothing but gut feeling, my impression is that even a transgendered individual would probably end up going into the changing room that most conforms with their physical appearance. The bill also makes no changes to sexual harassment or assault law, so if any individual, transgendered or not, acts inappropriately in one of these rooms then they could be subject to prosecution. But if that is not enough, the bill also specifies that the bill does not apply to accommodations that are distinctly private or personal, which the Human Rights Commission can easily define to include restrooms, locker rooms, and changing rooms. Enhancing that interpretation is that the Council removed a provision explicitly allowing transgendered access to accommodations consistent with gender identity, demonstrating that they did not intend to allow that type of access.

Conclusion
The purpose of the legislation is to offer transgendered individuals freedom from discrimination that already exists for multiple other classes of individuals. Thirteen states, DC, and 91 localities have all enacted similar legislation and yet, society has managed to survive while making life a little easier for those who are transgendered. I am certain part one of my post will draw its share of replies and perhaps criticisms, but I hope they are constructive on all sides of the issue and not dogmatic or personal. Have at it and see you soon for part two...

Read More...

Saturday, March 15, 2008

Transgender Bill Supporters Sue Board of Elections

Yesterday, twelve Montgomery County residents filed suit against the Montgomery County Board of Elections in the county’s circuit court seeking to set aside their finding that the anti-transgender petition should proceed. The plaintiffs include former Progressive Maryland president and former state delegate candidate Elbridge James and current Takoma Park mayor Bruce Williams. They are represented by Jonathan Shurberg, an attorney working with Equality Maryland.

The complaint alleges that Citizens for Responsible Government (CRG), the group that collected the signatures, used “inaccurate, inflammatory and false information” that is “indicative of a pattern of fraud on the part of the individuals collecting the signatures…” For example, one of the plaintiffs claimed that she “was falsely induced into signing the referendum petition that is the subject of this lawsuit by individuals stating that the law in question allowed for unisex bathrooms and for men to be in the women’s bathroom.”

The complaint goes on to question the validity of the signatures themselves. It alleges that many signatures were outright forgeries, were not obtained from registered voters, were not obtained from county residents, did not have any addresses or were duplicates. The complaint lists numerous problems with the circulator affidavits, such as, “The Petition contains numerous Petition sheets reflecting alterations indicative of fraud by the circulator such as circulator and/or signer information that appears to have been covered with “white out…” But the complaint never states how many signatures or circulator affidavits are alleged to be invalid.

Finally, the complaint claims that the Board of Elections ignored the above problems, stating, “Defendant Board of Elections appears to have determined to overlook disqualifying infirmities in the Petition signatures, circulator certifications and other categories set forth above and instead to certify the Petition despite the Petition’s failure to comply with governing legal requirements.” The remedy sought by the plaintiffs is for the Montgomery County Circuit Court to set aside the board’s finding of validity, thereby allowing the transgender anti-discrimination bill to take effect.

It’s difficult to get a sense of the volume of evidence the plaintiffs have to back up their claims. CRG submitted 32,087 signatures. They need 25,001 to be upheld. The Board of Elections never stated how many signatures were found to be valid when they certified the petition. The complaint never stated how many signatures Equality Maryland’s volunteers found to be invalid. So the presiding judge would have a number of options: find that the process is so fraud-ridden that the petition must be set aside (the plaintiffs’ position), find that the Board of Elections acted within its allowable discretion or order the board to re-examine every signature.

But there is a bigger tactical field than merely the legal realm. The transgender bill started as an anti-discrimination bill, pure and simple. Then it was amended to include “any restroom, shower, dressing room, locker room or similar facility,” an amendment that was later removed but never forgotten by its opponents. CRG’s petition drive degenerated into an ugly ground war that produced this video of a County Council staffer confronting petition gatherers. CRG is promising a lawsuit over this incident. So now we have one confirmed lawsuit against a taxpayer-funded agency, another possible lawsuit involving a taxpayer-funded employee, much talk about showers and bathrooms but much less talk about protecting innocent people from discrimination – which after all was the inspiration for the bill. CRG’s fear-mongerers are running wild while the bill’s original, necessary purpose is receding into the background. From a purely tactical perspective, this order of battle is more favorable to CRG than to the bill's supporters.

Back in 1991, the Planned Parenthood vs. Casey federal abortion case caused many people to fear that the Supreme Court might overturn Roe vs. Wade. Maryland’s legislature passed a bill providing for Roe vs. Wade protections in the state’s law in case the Supreme Court threw out Roe. The law’s opponents successfully petitioned the bill to referendum, but the voters upheld it by a 62-38 margin. Since that 1992 vote, anti-choice groups have not come close to banning abortions in Maryland, though they do try to chip away at them.

If CRG does succeed in getting its referendum before the voters, it might be the best thing that ever happened for supporters of the transgender anti-discrimination bill. Voter affirmation will be much more useful for their cause than endless lawsuits (and videos).

Read More...

Sunday, March 09, 2008

Board of Elections Approves Anti-Transgender Petition

The Post has the story here. The Gazette also reports on it.

Citizens for a Responsible Government, the group organizing the petition, needed 25,001 votes to put the county's transgender law to referendum. Interestingly, neither the Board of Elections' letter nor CRG's press release indicates how many of the 32,087 signatures were found to be valid. As Equality Maryland intends to challenge the petition in court, the number of signatures by which CRG beat the margin will be relevant.

CRG has something else to worry about. Back in the summer of 2006, noted petition addict Robin Ficker was trying to get yet another tax ballot question approved. But the County Council rejected the petition wording by a 7-0 vote in part because of this:

One issue is whether the intent statement circulated with the petition reflected what the measure would do if voters approved it. It is misleading at best, council members said.
Many people, including Council President Mike Knapp, have alleged that CRG has been spreading misinformation about the transgender law. Could this issue come back to haunt them, perhaps before the council?

So this issue is not going away anytime soon. Oh joy! Maybe we will get lucky and receive some more video from new YouTube celebrity Dana Beyer.

Read More...

Sunday, March 02, 2008

What a Way to Announce for Delegate

Of all things to come out of MoCo’s raging transgender debate, we now have a campaign announcement for state delegate!

For those who have not visited it, I recommend trying out the Vigilance blog run by Teach the Facts.org. Teach the Facts advocates for a public schools curriculum that contains facts about birth control and sexual orientation, including open acknowledgement that homosexuality is not a choice or a mental illness.

The blog has been quite busy lately because of the ongoing attempt to overturn MoCo’s Transgender Anti-Discrimination law. One recent post attracted more than 80 heated comments about the conduct of both sides. A participant in the argument, former (and apparently future) District 18 Delegate candidate Dana Beyer, made this statement:

I can say that when elected I will represent all the people, and that includes those who don't want to even acknowledge my existence.
Now that sounds like a campaign announcement to me although it occurred in a debate forum swarmed by “shower nuts,” as Teach the Facts calls them. I don’t know how many of the shower nuts will vote for Dana, but I admire her tenacity in going after every vote!

This was also a great comeback line from Dana and I think I am going to try it out. You see, I have been having an off-and-on dispute with my neighbors over their howling dog. The next time I confront them, I will announce:

I can say that when elected I will represent all dogs in the district, and that includes big dogs, small dogs, yappy dogs, quiet dogs and even dumb, drooling dogs. And after I take office, you would be wise to seek my favor in dealings with Animal Control!
Errr, just one thing, Dana. Your use of the word "when" rather than "if" doesn't mean you're messing with those Diebold machines, right?

Read More...

Tuesday, February 26, 2008

CRG Alleges “Intimidation” by Dana Beyer

Citizens for a Responsible Government (CRG), the organization seeking to overturn Montgomery County’s Transgender Anti-Discrimination bill is alleging “intimidation” by County Council staffer Dana Beyer. And the group claims to have video evidence supporting their allegations.

CRG states in a press release that Beyer encountered its signature collectors outside a Giant Supermarket at Bethesda’s Westwood Shopping Center on Monday February 18. The following six-second cellphone video shows Beyer telling the collectors, “An email went out; you’re going to be asked to leave. Any petitions gathered today are illegal.”



CRG claims this is part of a pattern of “harassment and intimidation” by Beyer and others. Former Republican candidate for Congress Dan Zubairi also alleges that Beyer “ordered” him not to sign CRG’s petition but CRG supplies no evidence to back up that allegation. Finally, CRG alleges that Beyer violated Section 19A-14 of the County Code during the course of her activities. CRG attorney John Garza said he will “probably” file a civil rights lawsuit soon.

Beyer, an aide to County Council Member Duchy Trachtenberg, Vice-President of Equality Maryland and former candidate for District 18 Delegate, told her side of the story to this blog. She said she encountered CRG’s petition collectors on Primary Election Day, the following weekend and President’s Day (2/18), the date of the incident in question. At the Bethesda Giant, she entered the store, told the manager that the petition collectors were violating store policy (which allows the group to collect signatures on only one weekend per month), and left soon after making the statements to the group shown on the video.

Council Member Trachtenberg was the lead sponsor of the transgender bill. Beyer, a transgender female who serves on Trachtenberg’s staff, worked on the bill and advocates for keeping it on the books along with passage of a similar state-level law. Activists with Teach the Facts and Equality Maryland are now challenging the validity of CRG’s signatures.

“These people had a right to collect signatures if they’re not trespassing and they did so. But if they’re trespassing, there’s no right for them to be there,” Beyer told us. “I didn’t harass or intimidate anybody… I don’t think what I did is wrong at all.” Beyer accused CRG of employing scare tactics, saying, “You want to talk about harassment and intimidation – we’ve gotten death threats! I have to deal with this because people are threatening my life and those of my friends and colleagues.” Trachtenberg has also talked about “spiteful messages and threats,” telling the Frederick News Post last year, “(They) left a message on my home phone asking my husband if he knows my sex.”

CRG has two things going against it. First, its video clip is only six seconds long. It does not have any context associated with the events before or after the video was taken. That context, along with testimony and evidence about any other events at other locations, will be relevant in any lawsuit. Second, the organization has a history of distorting the content of the legislation. Given that history, CRG’s version of events cannot be trusted as the entire truth.

But the incident between Beyer and CRG raises some interesting questions.

Did Beyer violate the County’s ethics code?
County Code Chapter 19A-4(m) defines a “public employee” as including “the County Executive and each member of the County Council” along with “any person employed by a County agency, including the director of the agency.” No exemptions appear for council staff or any employees operating off-the-clock. Even non-paid board and commission members are treated as employees.

County Code Chapter 19A-14(e) states, “A public employee must not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with that person’s freedom to engage in political activity.” Do Beyer’s activities in the video constitute intimidation? That question may be examined in court.

How does this reflect on the Montgomery County Council?
Should CRG go to court, they will probably attempt to tie Beyer’s conduct to her supervisor, Council Member Trachtenberg. County Code Chapter 19A-14(f) states, “A person must not influence or attempt to influence a public employee to violate this Chapter.” CRG’s attorneys may very well ask whether Trachtenberg knew of Beyer’s activities. Trachtenberg has made ethics one of her priorities while on the council. For example, she questioned the ethical implications of lobbyist-paid trips taken to Israel by other council members in the past, ultimately causing the County to abandon them. Trachtenberg has set high ethical standards for herself and others and we would expect her to vigorously battle CRG’s charges in court. Other council members and their staff will pay close attention.

How does this incident change the debate over the legislation?
There is little question that this video will be a propaganda boon to CRG. They can now expand their argument beyond the narrow confines of the legislation (on which they are clearly wrong) and into the realm of civil liberties. CRG will ask what business a County Council employee had in enforcing Giant’s solicitation policy. Trespassing on Giant’s property is a matter for company management and the police. Throw in the fact that the council employee in question was a known advocate for the bill and an employee of its lead sponsor and CRG will claim political targeting by the government. Many people who support the transgender bill will be uncomfortable with the idea of county employees – especially the personal staff of council members – seeking to get petition collectors ejected from store premises. Civil liberties questions are now going to arise on both sides of this debate.

Update: The Sentinel's coverage is here.

Read More...

Saturday, February 23, 2008

What Transgender Opponents Really Think

Finally, we uncover the true agenda of the opponents of Montgomery County’s Transgender Anti-Discrimination bill. But first some background.

Last September, Montgomery County Council Members Duchy Trachtenberg, Valerie Ervin and Marc Elrich introduced Bill No. 23-07. The bill’s purpose was to “prohibit discrimination in housing, employment, public accommodations, cable television service and taxicab service on the basis of gender identity.” Its primary effect was to add “gender identity” as a protected class from discrimination along with age, race, religion, color, sex, sexual orientation, handicap, national origin or marital status under County Code Chapter 27.

After the bill was introduced, it was amended to include the following language:

A person must not deny any person access to the equal use of any restroom, shower, dressing room, locker room, or similar facility associated with the gender identity that the person publicly or exclusively expresses or asserts.
After significant public pressure, the council stripped this language from the bill. The bill was then passed by an 8-0 vote and signed by the County Executive.

But the controversy continues. Bill opponents have launched a petition drive to put its repeal on the ballot in the next general election. As David Lublin has noted, their success in meeting the threshold of 25,000 signatures is far from assured.

One dimension of the controversy is whether the bill prevents bathroom operators from forbidding biological men to use female bathrooms and locker rooms. As stated above, the language on that issue was stripped from the bill prior to its passage. Council President Mike Knapp recently commented on this in a press release:

“We have heard some people are confused about the effect of this new law on how the operator of a public accommodation controls the use of a public bathroom or locker room,” said Council President Knapp. “Bill 23-07 did not change the law in this area.”

Opponents of the legislation have circulated petitions to send the law to referendum, telling potential signers that the legislation requires men to be allowed in women’s bathrooms and locker rooms.

This is not accurate, Knapp said. The law still allows the operators of public bathrooms and locker rooms to continue to separate their facilities based on gender identity or biological gender. For example, a restaurant owner can require a biological male presenting as a female to use the men’s bathroom. The new law does not require a restaurant owner to allow biological males access to women’s bathrooms, or vice-versa.

“The misinformation being put out about this law really troubles me,” said Council President Knapp. “We guaranteed that certain people in our County will have the same rights as other residents—and that is all we did. Those who intentionally mislead people about what this bill means will have to explain what is behind their actions, but we want everyone to know exactly what this law is about.”
Citizens for a Responsible Government (CRG), which is leading the fight to repeal the bill, told the Gazette that the language “is too vague.” But in gathering signatures for their petition drive, evidence is accumulating that the group did tell signers that the bill allowed men into women’s bathrooms – an opinion unsupported by the bill’s language.

CRG is an offshoot of Citizens for a Responsible Curriculum (CRC), which has struggled for years to exclude discussion of homosexuality from Montgomery County Public Schools. Prior to CRG’s establishment, CRC led a crusade against Bill No. 23-07, stating on its website:

Bill 23-07 adds “gender-identity” to the current Non-Discrimination Law, and will allow males who self identify themselves as females to have open access to ALL women’s and girls’ restrooms, locker rooms, dressing rooms, and showers. In other words, a male teacher or student will be able to use the female restrooms and locker rooms if he thinks he is a female.
Again, this view is directly contradicted by the language that was passed.

Furthermore, prior to CRG’s start of a paper petition, CRC posted an online petition to mount pressure against the bill. The statements of the signers are very revealing and if you read them, you will quickly realize their real intent. Following are some of the signers of the online petition against Bill No. 23-07 speaking in their own words:

Sheila F. Stepek, petition signer 47: “Those unable to use the proper facilities can go find a tree!!!!”

Joan Press, 109: “What restrooms are the Council members going to use? They are setting OUR children and neices up for RAPE. The council members and the State of Maryland will be hels accountable and sued for this one. Between the HOMOSEXUAL class in Montgoery County Public Schools and now this we have NO rights. Only in America! It's time to move, and we pay high taxes for this? They are Crazy or we are stupid! Or they are trying to make us look both! I didn't vote!”

Kathleen O’Connor, 167: “Stop using MY tax dollars to strip MY parental rights and stop endandering and indoctrinating our children with endless perversions.”

Bonnie Van Veldhuizen, 290: “HEADLINES: MONTGOMERY COUNTY MARYLAND EXTENDS OPEN INVITATION TO ALL PEDOPHILES AND STALKERS SEEKING NEW TARGETS. Shame on every council member who supports this bill. It may be your granddaughter or grandson in the next stall.”

Jeff He, 308: “Nonsense. Who summit the bill should GO TO HELL!!!”

Stephen W. Sweet, 492: “Gay is one thing. But a man/women thinking they are the opposite sex is litterally not figureitively, INSANE!! If this becomes acceptable; I promise the county counsel I will then become a dog and your yard, tree, light post and fire hydrant , are then MY bathroom.”

D. Selleh, 732: “Why isn't the council advising free psychological help instead of encouranging dilusion?”

Robert J. Cassotto, 757: “God is Still in control and those who are not with Him are against Him.He will show is all that He lives.God is also Just and we will very soon have to pay for following satan.....some of us will, that is! Come Lord Jesus !”

Michael Garlick, 768: “Matt. 23:27: Woe unto you, scribes and Pharisees, hypocrites! for ye are like unto whited sepulchres, which indeed appear beautiful outward, but are within full of dead men's bones, and of all uncleanness.”

Lucy Kiganda, 833: “IT'S NOT ENOUGH THAT OUR CHILDREN ARE EXPOSED TO THE PEDOPHILES OF THIS WORLD, NOW THEY HAVE TO FACE THEM IN THE RESTROOMS AND LOCKERROOOMS! HOW PREPOSTEROUS!”

David John, 991: “This is shame wellcame evil in America bye bye God and son and h spirit, What next patition man or women to marry pets”

John Fulayter, 1006: “To applease's the transgender, is to undermine's the well-being of public's mentality & pshyical show how the bill or in any form cannot encourage the harmony but put it backwards to wondering why we only have more dysfunctional problem to fix's. Please do not allow this bill back fired the public safety.”

Read More...

Wednesday, February 20, 2008

Referendum Petition Signatures Unusual

Opponents of Montgomery County's inclusion of gender identity in its anti-discrimination law claim to have collected enough signatures to petition the law to referendum. But have they?

"Citizens for a Responsible Government" (a.k.a. "Citizens who Make Irresponsible False Claims about Legislation") states that they have collected 32,087 signatures. Since 25,000 signatures from registered voters are needed to petition a law to referendum, it would appear they have enough signatures.

Except that the validation rate for signatures is normally 70%, and 70% of 32,087 is well under 25,0000. The law further requires that 12,500 of the 25,000 signatures be submitted by February 4 with the remainder due by February 19. Of the 15,462 signatures turned in on February 4, 13,476 were validated by the Board of Elections--a validation rate of 87%.

Sounds like someone needs to take a second look at the petitions to see if all the signatures were properly validated and met the requirements. Either the referendum opponents were incredibly skilled in their collection efforts or the signatures have not yet been examined rigorously. I imagine supporters of the legislation will try to find out in order to prevent a vote on the law.

Read More...