Virginia's new state employment nondiscrimination bill is trans-inclusive

Sort of

"It caught me by surprise, as I'd never seen the legal definition of 'sexual orientation' used this way before. A new twist in transgender rights strategy?"

Sort of.

The oldest trans-inclusive laws included the trans-protections as part of the definition of 'sexual orientation.'  One can find this in the 1975 Minneapolis ordinance as well as the 1979 Los Angeles ordiance and 1993 Minnesota state law (both of which were based on the 1975 Minneapolis ordinance.)  However, neither the T-word nor 'gender identity' appears as part of the T-inclusive language.  Some of the more recent trans-inclusive state laws have also included the trans protections within the definition of 'sexual orientation' but have actually used some combination of T-words or 'GI/E'.

Kat

>^..^<

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by: KatRose @ Mon Jan 21, 2008 at 23:04:18 PM CST

Colorado's ENDA did it that way

In Colorado, in the definition of Sexual orientation the authors used the term "Transgender Status". Once it's there, that's what counts, the rules relating to it can be adjusted from there. Karen  

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by: Karen Bachman @ Tue Jan 22, 2008 at 09:01:53 AM CST

I believe...

that Maine worded it like that as well.

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by: StillLiT @ Tue Jan 22, 2008 at 14:34:24 PM CST

Not so new

Including transgender into the definition of sexual orientation in policies (both legislative and organizational) has been a more common practice. It is especially useful in hostile areas where SO is barely palatable and trans language is almost unthinkable. And it tends to go through easier.

You also sometimes see SO and/or trans language written into the definition of gender in a state or organizational policy. It is another way to deal more covertly with these charged issues.

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by: lesboprof @ Tue Jan 22, 2008 at 14:49:53 PM CST

Oregon has defined gender identity as a part of sexual oreintation too.

The Oregon Legislature (with a newly elected Democratic majority and some bipartisan support), over very vocal opposition, passed Senate Bill 2 (The Oregon Equality Act) and  Governor Ted Kulongowski (D) signed the bill into law last summer. The Oregon Equality Act took effect January 1, 2008 after surviving a failed petition referendum.

The Oregon Equality Act defined "sexual orientation" to include gender identity and gender and expression.

When the Oregon Equality Act took effect, it redefined every mention of sexual orientation in all pre-existing and future Oregon laws to include gender identity and gender expression.

The Oregon Equality Act not only made discrimination based on sexual orientation in employment, housing, public accommodation, etc illegal, but also changed the Hate Crimes statutes as well.

Including gender identity and gender expression in the legal definition of sexual orientation is not exactly a new twist. I believe one other state had done this prior to Oregon.

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by: goddesspdx @ Tue Jan 22, 2008 at 15:03:47 PM CST

Thanks

I knew about the transgender rights legislation in other places, but hadn't been over the legislative history of each one. Thanks to everyone for filling me in on the background of this idea. Since it's proven successful in the past,I'm glad Virginia is trying it. HR 1493 is meant to perpetuate Governor Kaine's executive order for nondiscrimination in state employment which he issued on his first day in office. This is to keep it past the end of his single term.

 

Here's what I find about compromise--
don't do it if it hurts inside,
'cause either way you're screwed,
eventually you'll find
you may as well feel good;
you may as well have some pride

--Indigo Girls

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by: Hypatia @ Tue Jan 22, 2008 at 15:48:31 PM CST

[ Parent ]

Other states that are trans-inclusive within the definition of sexual orientation

Illinois as well.

This is another of those instances where obfuscation is a double-edged sword. Trans people and gender-nonconformers get necessary coverage, yet the population as a whole, and even some members of the LGB community, don't get to see and understand trans persons in their own right. So they wonder where we've been, and claim we haven't been doing our homework, and drop us when we can't hide behind an asterisk because they are unaware of all the other asterisks out there.

It is a difficult issue, and one which is "solved" on a case-by-case basis, for better or worse.

Dr. Dana

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by: danabeyer @ Tue Jan 22, 2008 at 23:27:21 PM CST

This actually is an interesting strategy...

...structuring the "definitions" section of the bill as they have.  I hope it works.

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by: raj @ Wed Jan 23, 2008 at 07:56:36 AM CST