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Where Is The Executive Order For Federal Gender Identity & Expression Based Employment Protections?

by: Autumn Sandeen

Wed Jun 17, 2009 at 06:45:00 AM EDT



Update: Americablog is reporting this:

The other announcement Obama will be making is a non-discrimination "something." Basically, he's going to add "gender identity" (i.e., transgender persons) to the existing federal non-discrimination policy that already covers gay people, and even Bill Clinton adopted the initial non-discrimination policy in the 1990s. And even George Bush left the policy in place. So, yes, this is a small step forward, but very small indeed.

I haven't seen anyone else report this -- I hope it's true, but I'm not holding my breath.
~~Autumn~~


Let me remind my peers about Dallas Principle numbers 1 and 2: The Dallas Principles

1.Full civil rights for lesbian, gay, bisexual and transgender individuals must be enacted now.  Delay and excuses are no longer acceptable.

2.We will not leave any part of our community behind.

So to my lesbian, gay, bisexual, and transgender activists, and to the President, let me say this one word about the executive memorandum on federal benefits for domestic partners that will be signed today: "More."

Remember Diane Schroer? I do. She's the 25-year Army veteran who did not get a job at the Library of Congress specifically because she was going to transition from male to female. An executive order from the Obama Administration could fix that issue so it didn't happen again -- but we have yet to see such an executive order.

With news that the today will see many domestic partnership benefits awarded to lesbian, gay, and bisexual couples by presidential fiat, I'm left wondering about transgender federal employment protections that could be added quickly with another executive order.

As usual, the transgender subcommunity of the lesbian, gay, bisexual, and transgender (LGBT) community is seeing their basic civil rights protections take secondary importance to marriage equality and domestic partnership issues. I get it; there are lots more LGB people than there are T people. And, I get that this current kerfuffle over the Department of Justice's defense of DOMA brief needs to be addressed by an action that directly looks at federal benefits for lesbian, gay, and bisexual couples.

However, I also get that a new executive order could provide the exact same protections based on gender identity and expression that a Clinton era executive order provides based on sexual orientation. I also know that the LGBT community civil rights groups would welcome this kind of executive order. I also understand this kind of executive order would take almost no direct effort except copying and pasting the executive order that gives federal protections based on sexual orientation, and substituting the words gender identity and expression for sexual orientation.

As a candidate, President Obama said this:

The transgendered community has to be protected. I just don't have any tolerance for that sort of intolerance. And I think we need to legislate aggressively to protect them.

So to my activist community, I ask this: Will there be an effort to press for basic federal employment protections based on gender identity and expression "now"? To President Obama's administration, I ask this: When will we see an executive order granting federal employment protections based on gender idenity and expression?

If not "now" -- if not today -- when?

Let us leave no community behind. My transgender brothers and sisters deserve no less than the same federal employment protections as lesbian, gay, and bisexual federal employees -- and this can be done by Presidential fiat.

I leave our progressive, civil rights, and LGBT activists with this thought by Martin Luther King Jr.:

The time is always right to do what is right.

Mr. President, while signing this presidential memorandum on domestic partner benefits, remember you can do more for the LGBT community with executive orders. Your next presidential order should be regarding federal employment protections for transgender people. It should be submitted and signed as close to now as possible.

Transgender people are Americans too.

Autumn Sandeen :: Where Is The Executive Order For Federal Gender Identity & Expression Based Employment Protections?
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Yes!
Great post, Autumn. We MUST have full protection and rights for our entire country- anything else is utterly unacceptable.

If not "now" -- if not today -- when?

I'd add "WHY/ WHY NOT"? and make them provide reasons as well. Force them to "justify" the continued levels of rights and protections...


Not just employment
But housing as well...  

[ Parent ]
Even Aravosis mentions this
In the last paragraph Pam links to at....

http://www.americablog.com/200...

Is this what you're referring to?  It sounds like he says he's adding that.

(But who knows what Obama will actually do since multiple sources are reporting different things for the memo/order/crumbs.


That literally is the only place I've seen that.

I'd like to see it reported elsewhere than just AmericaBlog if this is true:

The other announcement Obama will be making is a non-discrimination "something." Basically, he's going to add "gender identity" (i.e., transgender persons) to the existing federal non-discrimination policy that already covers gay people, and even Bill Clinton adopted the initial non-discrimination policy in the 1990s. And even George Bush left the policy in place. So, yes, this is a small step forward, but very small indeed.


-----
~~Autumn~~

As if there were safety in stupidity alone.
--Henry David Thoreau


[ Parent ]
There are so many sources reporting different things on this
Either a case of bad leaking or good trial-ballooning.

We'll see at 5:45pm Eastern.

Till then...


[ Parent ]
At the very, very least a fully inclusive ENDA needs to pass this year.
I'll contact my representatives about the status of this.

At the very least, ENDA needs to pass this year. A fully inclusive ENDA, with gender identity included. ENDA has been around for 20 freaking years now. This needs to be passed. Now. Period.  


Unfortunately...
I'm already hearing rumors that trans people may be thrown under the bus AGAIN! We'll need to contact our Congresscritters and make sure a fully-inclusive ENDA is passed and all of us are protected.

Want to save marriage equality in Maine? Ask me how! ;-)

[ Parent ]
YES!
ransgender people are Americans too.

And unless ENDA and the DADT repeal include trans people, it's still inadequate.

Want to save marriage equality in Maine? Ask me how! ;-)


DADT is meaningless to transfolk
We are removed from service in an entirely different way.

http://www.dyssonance.com  Breaking all the rules...

[ Parent ]
Transgender protection is critical
Without it, there's a loophole that one could drive a Hopemobile through in non-trans-inclusive employment protection.

# Duty, duty -- honor is, is --
Honor, Creideiki -- alertly
# Shared, is -- Honor #


EO only applies to exec branch
A full law is still needed and pressure should be kept up. An executive order only applies to the executive branch (which is most of the government). The Diane Schroer case would not have been affected by such an EO though (LC is legislative branch).  

It may be the purpose of your life is to serve as a warning to others.

I think ENDA should come first..
My own personal opinion.  Along with housing protections. Gender identity included.

Once we can foray safely out of the closet without fear of losing jobs or housing, we can be more visible.  With that visibility will come more people "knowing" a GLBT person.  Then, we probably can win over many more hearts on the marriage issue.

I've lost a job over being out before.  My very first job actually.  After working there for three years and coming out near the end of it all, the boss found out and there went my job.  The Texas legislature will never pass this kind of protection, nor any gay legislation until people can be out without potential financial loss.  

I feel really annoyed at this federal "benefits package."  We don't even know what it entails... I guess we just have to wait and see.  I want more than just a bone threw at me.  


...and how is it that gay soldiers can receive rights...

to protect their jobs and their partners?  Can't even BE out of the closet or there is a law that they should be fired.

Soldiers are Americans too. 



It's the Hammer of JUSTICE,
It's the Bell of FREEDOM,
It's the Song about LOVE between,
my Brothers and my Sisters
...All over this Land.


[ Parent ]
No question that soldiers are Americans too...
Didn't mean to exclude them, but my quick post wasn't really an exhaustive list of the things I wish to reach fruition.

Having ENDA passed and DADT ended seems kinda hand-in-hand to me.  They both deal with rights for keeping your job, but they are two very different things as well. The fierce advocate could end DADT fairly quickly.. but we have to push through legislation to add sexual orientation and gender identity to ENDA.  

I think DADT will end, who knows when though.  But ENDA.. that's another story.  

With public support so high for ending DADT... I seriously question why these same people aren't in favor of ENDA.  Seems they don't mind a gay soldier entering a dangerous battlefield, but feel squeamish about keeping him around the office.


[ Parent ]
MLK may have said this too
but the quote I have came from civil rights pioneer and U.S. House of Representatives member John Lewis on the floor of the House during the ENDA debate in November 2007, when he said "It is always the right time to do the right thing."  If only Pres. Obama would remember this.

Isn't one of the Professional Hate Groups just going to sue under DOMA
that he can't do this?

I got confirmation that yes
they are saying they'll move forward on trans protections in the federal workforce.
http://www.bilerico.com/2009/0...

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