NY: Gov. Paterson to announce policy on transgender rights

This is what a fierce advocate looks like!

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by: kevinchi @ Mon Dec 14, 2009 at 15:38:48 PM CST

I won't be one to quickly judge

Gov Paterson ignored New York's gender variant community despite pleas to pay attention to the lack of civil rights protection based on gender expression/identity in order to promote the same sex marriage law.  I have no idea what he can do as an executive that will make up for that in my mind.

I don't expect very much at all.  A few crumbs maybe.

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by: Emelye Waldherr @ Mon Dec 14, 2009 at 16:07:57 PM CST

[ Parent ]

Really.

I'm preparing to be underwhelmed myself.

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by: sinspiration @ Tue Dec 15, 2009 at 15:08:54 PM CST

[ Parent ]

what do you mean?

are you really comparing him to obama?  should he stay home and not be seen with transfolk?  i'm guessing the fact of this event means that the legislation is certifiably dead, but that doesn't mean he might not be able to do something via executive order like he did for marriage recognition.

as for others who are still saying the gender bill was sacrificed for the marriage bill, i'd like some evidence presented rather than just pointless divisiveness.  the real enemy are the haters and the weak-willed legislators they sway.  you know, the people who actually have the responsibility of voting on legislation.

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by: Lurleen @ Mon Dec 14, 2009 at 16:46:39 PM CST

[ Parent ]

I can see those sentiments

Much as we should treasure every step forward, we're talking about NY. A change in the birth cert regs or an exec order for gov employees is equivilent to the federal emp transfer benefits. Pushing for marriage before genda was a huge mistake. And I blame espa more than anyone.

I mean - Pennsyltuckey did the exec order 6 years ago? Inclusive hate crimes bill in 2002. And don't even talk about how far ahead NJ is on these issues. At least my native Suffolk County respects this transplant.  

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by: Kathleen @ Mon Dec 14, 2009 at 17:30:38 PM CST

[ Parent ]

different states, different rates.

i'll never forget, as a kid in the 70s, laughing at the blindness of people who considered my state of michigan a backwater, and california some sort of progressive haven.  michigan had a helmet law, california had motorcyclist brains smeared on their freeways.  michigan had a bottle law, california had windrows of trash decorating the brain-smeared roads, etc.  yet michigan was then and remains a less-than ideal place to live as an lgbt person, whereas california has always been better if imperfect.

why do different states manage the changes they do at the time they do and others not?  i'm sure it does have something to do with effective leadership in the relevant advocacy organizations, but the best leadership in the world can't force a body of voters or legislators to do something they're not ready to do.  i can't tell you why PA has laws or executive orders that NY doesn't yet, but i do think it is short-sighted to lay all the blame at one door.  i don't blame you or anyone for feeling fed up with the situation, but i also am no convinced the rancor is fairly placed.  still waiting for evidence.

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by: Lurleen @ Mon Dec 14, 2009 at 17:50:48 PM CST

[ Parent ]

Interesting thing about New York

Does Buffalo have more t-protections than NYC?

I found another one of these charts...

And of course,,,Illinois doen't have any relationship recognition but we do have some of the most t-inclusive GLBT laws...

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by: kevinchi @ Mon Dec 14, 2009 at 18:09:42 PM CST

[ Parent ]

what's the story on the cu law?

do you think it was introduced sacrificially just to get the conversation started, or does it have real potential for passage this session?  and, when does the legislative session end there in illinois?

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by: Lurleen @ Mon Dec 14, 2009 at 18:30:29 PM CST

[ Parent ]

It's not rancor

It's disappointment. I'm there nearly every weekend lately due to family issues - it's my birthplace - I think you can cut me some slack over disliking going home and knowing the convienance store can refuse to serve me legally when I do some shopping for my mother.

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by: Kathleen @ Mon Dec 14, 2009 at 18:11:45 PM CST

[ Parent ]

of course i cut you slack for feeling like that.

infinite slack, in fact.  i feel the same way when i go "home" to the great hate state of michigan.  what i'm not cutting slack on is assigning blame for the situation without evidence to back it up.

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by: Lurleen @ Mon Dec 14, 2009 at 18:27:29 PM CST

[ Parent ]

I was pretty sure

You've been around long enough to remember that. Matt Foreman actually publicly apologized for espa's actions during the enda debacle.

Here's some NY history. Not necessarily the best - but I'm I'm my phone and it was the first result. You really don't remember this?

http://www.thetaskforce.org/TF...

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by: Kathleen @ Mon Dec 14, 2009 at 19:38:52 PM CST

[ Parent ]

Kathleen, Matt Forman is no longer at ESPA.

And clearly, he's reformed where protections for transfolk are concerned.  I appreciate the link, but that letter talks about New York's 2002 legislative session, not the current one.  I still don't see any evidence that ESPA dumped one bill in favor for another in this session.  Maybe they did, but then again maybe they didn't.

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by: Lurleen @ Mon Dec 14, 2009 at 20:49:17 PM CST

[ Parent ]

The past

IS prologue - I can no more prove what went on behind closed doors than you - but show me the equvilent of this:

http://gaycitynews.com/article...

A full court press, using all their financial & political resources for genda.

I believe it's your turn to do some research. I look forward to seeing what you find & the conclusions you draw from it.

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by: Kathleen @ Mon Dec 14, 2009 at 21:35:13 PM CST

[ Parent ]

i'm not making any accusations

therefore the burden of proof isn't on me.  

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by: Lurleen @ Mon Dec 14, 2009 at 22:37:50 PM CST

[ Parent ]

OK

So- you've got nothing.  

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by: Kathleen @ Tue Dec 15, 2009 at 05:43:48 AM CST

[ Parent ]

you're asking me to prove a negative

and we all know that that is impossible.

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by: Lurleen @ Tue Dec 15, 2009 at 12:06:45 PM CST

[ Parent ]

What I mean

I and many other people asked Gov Paterson to place GENDA on the special session agenda.  We were ignored.  ESPA obviously abandoned GENDA as an issue after June so it's very plain that they weren't part of those making the request.  (Interestingly, they've now started talking about GENDA again.  In an email soliciting donations!)

It's really unfair to ask for smoking guns here - New York State politics is rife with back room deals and surreptitious back scratching (it's one of the reasons why the NY legislature is so screwed up) so it's impossible to know unless one of the few participants comes out to tell people what really went on, a possibility which is about as likely as Daddy Dobson riding at the head of a Pride Parade.

All we can do is look at the effects and then come up with the most probable series of events to explain them.  I've done that in more than one place in this blog so I won't repeat it except to say, that since what happened in 2002 I think it's ESPA and the state government that have to show they are true allies rather than any member of the trans community having to give them, once again (ad infinitum) the benefit of the doubt.

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by: Emelye Waldherr @ Tue Dec 15, 2009 at 10:28:49 AM CST

[ Parent ]

I agree that the legislature and ESPA need to show their stuff.

My problem is that I've seen damaging and unfair claims of "you gays don't care" (or in the case of gay legislation, "you a-gays don't care about we real gays") in places where I do know that everyone is doing everything they can to make progress happen.  So, when I'm looking in on events in other states that I have little information on, I'm not going to automatically believe such claims.  Your comment does help in at least starting to mention what people did or didn't do at specific times in the recent legislative session.  I know nobody can provide "the memo", because that only happens in movies (and the Mormon church!), but it should be possible to build a record of circumstantial evidence.

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by: Lurleen @ Tue Dec 15, 2009 at 12:20:03 PM CST

[ Parent ]

Scoreboard

My problem is that I've seen damaging and unfair claims of "you gays don't care" (or in the case of gay legislation, "you a-gays don't care about we real gays") in places where I do know that everyone is doing everything they can to make progress happen.

Wisconsin scoreboard.

Massachusetts scoreboard.

Connecticut scoreboard.

New Hampshire scoreboard.

Hawaii scoreboard.

Nevada scoreboard.

Maryland scoreboard.

New York scoreboard.

Delaware scoreboard.

>^..^<

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by: KatRose @ Tue Dec 15, 2009 at 13:40:30 PM CST

[ Parent ]

I don't know the details of those states

and just like for NY, you're not providing any.  Again, it's just he said-she said.  I'm sure in some cases you're right, but I'm also sure that in some cases you may be wrong.

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by: Lurleen @ Tue Dec 15, 2009 at 13:47:37 PM CST

[ Parent ]

"I don't know the details of those states and just like for NY, you're not providing any"

I provided those states' histories.

In each, I am legally unequal to non-trans GLBs and there is no legitimate (read: not taking a back seat to gay marriage) effort to rectify that reality.

>^..^<

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by: KatRose @ Tue Dec 15, 2009 at 14:54:22 PM CST

[ Parent ]

did i miss a link?

i just see a list of states, but no link to information showing how gays, not legislators, threw the trans under the bus.

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by: Lurleen @ Tue Dec 15, 2009 at 15:08:07 PM CST

[ Parent ]

Ok, here's a link to the list of states

now whether gays threw them under the bus, I don't know.

http://www.thetaskforce.org/re...

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by: kevinchi @ Tue Dec 15, 2009 at 15:17:18 PM CST

[ Parent ]

yeah, that's the easy part.

what seems impossible is backing up blanket accusations with evidence.  i know that gays have chosen to favor their pwn legislation above transfolk at certain times.  however, i reject the blanket statement that everywhere there is a protection for gays but not one for trans, that gays are to blame.  i reject blind attacks on the unity of our community, when it is legislators who should be taken to task for being weak and afraid or just plain bigoted.

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by: Lurleen @ Tue Dec 15, 2009 at 15:21:58 PM CST

[ Parent ]

I reject that meme too.

I mean, sans the evidence, that is a bling attack. It seems sometimes as if the gays are the cause of all the problems of the trans community. Granted some activists may be, but the blind attacks on the community are a bit much.

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by: kevinchi @ Tue Dec 15, 2009 at 15:26:48 PM CST

[ Parent ]

oops!

actually the chart titled "Scope of Laws""" under this link gives a good overview...

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by: kevinchi @ Tue Dec 15, 2009 at 15:20:35 PM CST

[ Parent ]

i hope they update that soon.

maybe they're waiting for the year to end.  at the least, washington state and the city of Tallahassee have added laws anti-discrimination and/or hates crimes laws.

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by: Lurleen @ Tue Dec 15, 2009 at 15:28:21 PM CST

[ Parent ]

I'm just back from the press conference and proclamation-signing

Pragmatically, I am happy to take what I can get at the moment, and at the moment, that is the executiove order bannning anti-trans discrimination in state employment.

Today, the Governor did expressly call for GENDA to be passed "in January, February, or March" of 2010.  Clearly, he is signaling that he does not expect us to be waiting for the budget to get through first.

It is not as bad as you think, Emelye. I can't blame ESPA for riding whichever bill happens to be in play.  And since media attention was on marriage, the politicians responded to that.

GENDA was going to be on the Senate calendar the very week that the Senate imploded in June.  I have been calling for the Governor to have included GENDA in the list of necessary bills for the special session.

I realize in retrospect, since the marriage bill actually got fewer votes than expected in the special session, that it is possible that all the votes we needed for GENDA might not have materialized in the special session because of intangible factors outside our control (for example, resentment against the governor by some members ofthe senate).

When the legislature goes into regular session, we'll see what happens.  But January, February, or March are our targets!

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by: Joann Prinzivalli @ Wed Dec 16, 2009 at 12:22:04 PM CST

[ Parent ]

If this comment becomes a 'Dewey Defeats Truman,' then so be it

But what exactly can he announce - and do unilaterally - that matters one bit?

Answer: Nothing.

An anti-discrimination executive order?  Well, unless New York gives its executive orders significantly more weight than most states, then it won't be worth the paper its printed on.

An administrative order regarding birth certificates?  Only as good as the first court that judges its validity.

So what's he gonna do - say that GENDA is really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really going to be a priority - not the top priority of course, but a priority - of his if he gets re-elected?

I await Wednesday - but I am not holding my breath.

>^..^<

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by: KatRose @ Mon Dec 14, 2009 at 20:15:01 PM CST

Myth on the Hoof

Apparently it was my first prediction:

FOR IMMEDIATE RELEASE
December 15, 2009

Transgender Legal Defense & Education Fund Hails Governor Paterson's Signing Tomorrow of Executive Order Barring Discrimination Against Transgender State Employees

New York State To Become Seventh State to Offer Job Protections to Transgender Public Employees

NEW YORK, NEW YORK - The Transgender Legal Defense & Education Fund (TLDEF) hails New York State Gov. David A. Paterson's planned signing tomorrow of an executive order barring discrimination against transgender state employees. New York will become the seventh state to protect public employees from discrimination based on gender identity or expression, after Delaware, Indiana, Kansas, Michigan, Ohio and Pennsylvania.

"Like everyone else, transgender employees deserve to be judged on their ability to do the job, and not on who they are," TLDEF executive director Michael Silverman said. "This executive order will ensure that hard-working transgender employees of New York State can work without fear of discrimination, and provide for themselves and their families," he added. "We applaud Governor Paterson for taking this important step for transgender equal rights."

Transgender people face tremendous discrimination in the workplace. Forty-seven percent of transgender people report being fired, or denied a job or promotion just because of who they are. In one recent Florida case, 17-year-old Zikerria Bellamy was denied a job at a McDonald's restaurant because she is transgender. Miss Bellamy applied online for the job, but after managers learned that she is transgender, she received a voicemail message from one of the them telling her, "You will not get hired. We do not hire fa**ots." TLDEF filed a complaint on Miss Bellamy's behalf on Dec. 7.

Few protections exist for transgender people who experience employment discrimination. In 38 states, there is no law protecting people from being fired because they are transgender. In New York, while a number of municipalities protect transgender workers from on-the-job discrimination, there is no statewide law offering such protection. The Gender Expression Non-Discrimination Act, which would add gender identity and expression to the state's non-discrimination law, has been repeatedly introduced and passed by the state Assembly, but it has never been passed by the state Senate.

Federal law similarly offers no job protection for transgender people. The Employment Non-Discrimination Act (ENDA) would address discrimination in the workplace by making it illegal to fire, refuse to hire, or refuse to promote an employee based on the person's gender identity or sexual orientation. ENDA has been stalled in the House of Representatives despite demands by lesbian, gay, bisexual and transgender Americans that Congress take swift action to pass the legislation.

"We applaud Gov. Paterson for recognizing that transgender New Yorkers should have the chance to earn a living and provide for their families without being refused a job or fired for reasons that have nothing to do with their ability to do the job," Silverman added.

Why exactly was Zakerria Bellamy mentioned in this?

Will this exectutive order provide any recourse whatsoever for someone applying for work with the state of New York who receives a phone call such as that received by Bellamy?  And for that matter will this exectutive order provide any real recourse (read: a private right of action or even an enforceable administrative remedy) even for trans people who may have already managed to secure employment from the state?

>^..^<

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by: KatRose @ Tue Dec 15, 2009 at 12:05:10 PM CST

I think it's great they mentioned Bellamy.

He case is a great example of what transfolk face.  Remember, this press release wasn't written for people "in the know", it is written for general consumption.  Probably a lot of regular people heard about it, so it's good to link it to what NY transfolk are facing.

Your other questions are great - I hope you'll call teh NY AG's office and get answers and report back.

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by: Lurleen @ Tue Dec 15, 2009 at 12:25:16 PM CST

[ Parent ]