Showing posts with label transsexual. Show all posts
Showing posts with label transsexual. Show all posts

May 12, 2013

Queer Issue: Down With Mothers and Fathers Day!

There is an awkward cultural stereotype that gay men have obsessions with their mother. It is an image that shows up frequently in mass media and never in a good way. For the record, I do plan on calling my own mother today. I like to think that I have a relatively "normal" (whatever the bleep that means) relationship with my own mom.

However, there are plenty of people out there who do not have "normal" relationships with their parents. It goes without saying that there are more than a few individuals out there who have not been raised by kind loving parents, but by absentee, neglectful, if not outright abusive parents.

No, not all parents are abusive fucks. Not all parents are absent or neglectful. There are many who are kind, nurturing, and loving. Who teach their kids to be strong in a dark world by setting examples of proper behavior.

But what about those parents who are not? What are Mothers or Fathers day like for those who were raised by parents who were the opposite of loving and kind? Heck, what is Mothers/Fathers day like for those who lost their mother or father in a particularly tragic manor?

Not to mention, there is the issue of parents who are trying but are otherwise unable to conceive a child. I imagine days like Mothers and Fathers day might be a little tough to navigate. Admittedly, I can't speak for anyone here, I'm just speculating.

Then there is the issue of that even with Mothers and Fathers day, there are those parents who identify outside the gender binary. And let's face it, having a Mothers and Fathers as separate days is designed to normalize heteronormative relationship styles where Moms and Dads fill vastly different parenting roles. If Moms and Dads are not supposed to fill different roles, why would they need separate days to be honored? Admittedly, while it wouldn't solve the other issues, I sometimes wonder if it might not be a bad idea to have a gender neutral Parents Day for those individuals who might wish to show some gratitude for those responsible for their upbringing.

On a more philosophical note, I really cannot think of any other widely celebrated holidays that are designed to focus our attention on a specific relationship. Is their a spouses day? Friends day? Uncles or Aunts day? All other holidays are relationship neutral, so to speak. The exception might be Valentines Day. One can celebrate them (or not) with those families and friends that one chooses. In other words, there is no other holiday where one needs to have a living individual who filled (role X) in our lives before the holiday can be celebrated. Which does in fact make Mothers and Fathers day, kind of, well exclusive.

Just some food for thought.

May 8, 2013

Queer Issue: Politifacts' Rating System is a Lie (By Their Own Standards)

In an interview with CBS Face the Nation, Martina Navratilova made the claim that "In 29 states in this country you can still get fired for not just being gay, but if your employer thinks you are gay."

In response, Politifact rated the claim as being half true.

To justify their claim, Politifact points out that while 29 states do not have legislation at the state level to protect against discrimination, there are exceptions, such as those that exist for government employees, or in local municipalities that have passed anti-discrimation laws, in addition to specific employers which may also have anti-discrimination protections in place.

Politifact also points out that according to the deputy director of Lambda Legal, Hayley Gorenberg, a 1989 Supreme Court Case based around Title VII of the Civil Rights Act (Price Waterhouse vs. Hopkins) *might* have set a precedent that could bar discrimination based upon an employer believing an employee is uh... "gay" (more on the word choice in the article here later).

So Politifacts' arguments boil down to two main points. One is that exceptions exist within the 29 states that do not have legislation at the state level to offer protection against discrimination based upon sexual orientation. The second point revolves around the possibility (offered up by Gorenberg) that the Civil Rights Act might bar discrimination based upon an employer merely believing an employee is uh... "gay".

The first part of Politifact's argument holds some water. Even though Navratilove never said that "no protections exist" in 29 states, the fact that a certain number of protections do exist for certain uh... "gays" might have justified rating Navratilove's claim as "Mostly True" rather than "True".

However, the second part is complete horseshit. There has never been an actual case before a court in which an individual has successfully used the precedent set by Price Waterhouse vs. Hopkins to argue against discrimination based upon an employer's belief that an employee was/is uh... "gay". So any lawyer who argues that it might be *possible* that such protections exist is simply offering up an opinion on what *might* happen if a fired employee were to use it in a court trial.

This is but the first error that Politifact makes in their use of Price Waterhouse vs. Hopkins. In their article, Politifact states:
Hayley Gorenberg, deputy legal director of Lambda Legal, cited the 1989 Supreme Court case Price Waterhouse vs. Hopkins. In that case, a woman sued the accounting firm where she worked because she was not offered a promotion after a senior manager told her she should "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry." The plaintiff convinced the court that sex stereotyping constitutes sex discrimination, Gorenberg said. This precedent could protect a straight person who appeared to an employer to be "gay" and suffered discrimination as a result.

Let's break this down:
1) Navratilove used the term gay in her original claim, which is problematic in it's own right since it ignores transgender and transsexual identities (along with lesbian, bi, pan, etc...)

2) However, the number of states that do not offer up legislation that protect specifically against discrimination based upon gender identity is much larger than the number of states that protect based upon sexual orientation. Which means that to acknowledge gender identity would require a much wider analysis than what Politifact offers here.

3) I have seen it argued in the past that anti-discrimination laws for sex/gender might also apply to gender identity.

4) Since Price Waterhouse vs. Hopkins dealt with discrimination based upon gender stereotypes (not on sexuality) it seems like it would be the sort of test case one might use to expand protection against discrimination based upon sex/gender to discrimination based upon gender identity.

5) It is therefore possible that this is what Gorenberg was refering to when she cited Price Waterhouse vs. Hopkins as a precedent that might offer some protections to those who are uh... "gay".

6) Gorenberg, being deputy director of Lambda Legal should know the difference between sexual orientation and gender identity.

This all leads to the conclusion that Politifact, in order to apply Price Waterhouse vs. Hopkins to Navratiloves' claim, deliberately conflated sexual orientation with gender identity. I'd also like to point out the fact that while Politifact does not quote Gorenberg directly when they say "This precedent could protect a straight person who appeared to an employer to be "gay" and suffered discrimination" they do put the word "gay" in scare quotes.

In any case, this all makes Politifacts' arguments here really, really screwy. Navratilove makes a claim that applies solely to sexual orientation. In analyzing it, Politifact brings in a case that might apply to gender identity, yet continues to use the term "gay" for unknown reasons. Furthermore, Politifact makes *no* mention of the current state of anti-discrimination laws based upon gender identity, which have a completely different status from those that apply to sexual orientation.

This is a *gargantuan* omission. One which makes Politifact's use of the sin of omission against Navratilove extremely hypocritical.

However, even if they are correctly representing Gorenberg's citation of Price Waterhouse vs. Hopkins, Politifact is still relying on an expert opinion (which they have done in the past) as a key part of their ratings process. So even if they are correctly citing Gorenberg, they are still committing the logical fallacy of appeal to authority in order to justify their rating of Navratilove's claim.

In the grand scheme of things, I have no problem with Politifact or any organization wishing to present contrary opinions to publicly made claims. But in attempting to clarify the situation in this case, Politifact only managed to further muddy the waters. Combine this with their repeated use of the appeal to authority fallacy and it becomes clear that it is Politifact and their rating system which is misrepresenting the truth.

May 5, 2012

Queer Issue: Transgender/Transsexual vs. the Gay: Let the Oppression Olympics Begin!

I realise that I'm probably going to offend at least a few people with what I'm about to say, but so be it.

Back when marriage equality was going before the NY State Legislature, I can recall how fired up every major pro-gay (I'm not going to say LGBT for reasons that should be obvious shortly) was. My twitter feed was nearly a constant stream of pro-marriage sentiment. Pro-same sex marriage (and anti-same sex marriage) stories abounded across the media. Albany was flooded with supporters. I can recall reading updates on The Bilerico Project from Rev. Emily C. Heath, who came from out of state to show her support in Albany. Gov. Cuomo himself had long since endorsed marriage equality. There was an energy in the air so thick you could have operated an entire gay pride float solely on the sheer rainbow colored exuberance.

Now, a little less than a year later, GENDA was able to pass (for the fourth time) the NY State Assembly, and now needs to pass the Senate in order to become law. For those who are unaware, GENDA provides key protections for Transgender and Transsexual individuals by preventing discrimination based upon gender identity, as well as strengthening hate crime legislation for crimes committed against Transgender/Transsexual. Unfortunately, GENDA faces what could charitably be called an uphill battle in order to become law. Actually, to be more accurate, it's most likely going to be dead on arrival.

Now here's where things get really disturbing. All of the mainstream organizations that put so much effort into marriage equality, now appear to be taking a nice easy rest rather than working to ensure that GENDA at least has a chance at passing. At a time when pro-LGBTQ organizations should be using the momentum gained from the passage of marriage equality in New York State, they instead appear to be applying to the brakes. There is no energy, and barely a whisper of support from any of the mainstream organizations. I have yet to notice a singel pro-GENDA tweet on my twitter feed. I have not heard of any endorsment from Gov. Cuomo and a quick google search turned up nothing.

Furthermore, all of this is occuring with Justice and Equality Day less than a week away, in which GENDA has at least been decided will be the focus. Maybe I'm asking too much, but I do feel the energy is missing. I have not heard of any endorsment from Gov. Cuomo and if there is coalition building going on, it's going on quietly and behind closed doors.

So let me say it: this is complete and utter bullshit. Transgender/Transsexual individuals (even when compared to gays and lesbians) are more likely to be fired from their jobs, be denied housing, or have to deal regularly with the threat of extreme violence. SONDA already exists to protect people from being fired or denied housing based upon sexual orientation, but there exists no such laws to protect against those issues based upon gender identity. That is, it is illegal to deny housing or fire an employee for reasons related to their sexual orientation but perfectly legal to do so based upon gender identity.

Maybe there are reasons for this situation but I'm not interested in hearing them. I'm tempteted to point fingers, but I only have 10. There is no excuse for the lack of effort and the double standards exhibited by the mainstream pro-LGB (and allegedly pro-LGBT) organizations here. There is a long and extensive history of pro-LGB organizations focusing on pro-LGB issues and completely ignoring the needs of Transgender/Transsexual individuals. This history now seems doomed to repeat itself ad nauseum.

If the mainstream organizations could come together and build the necessary coalitions to pass marriage equality in New York, why is it so much harder to pass something much more basic (and more important to the indviduals who would benefit from it) such as GENDA?

Marriage Equality was strongly opposed by multiple organizations, such as National Organization for Marriage, and became a lightening rod of controversy. At this point in time, GENDA has mostly flown under the radar, which at least has prevented it from coming under the same level of scrutiny. Maybe this is part of the strategy being used by the mainstream LGB organizations, keep GENDA's profile low in order to prevent it from earning the same level of scorn.

I really doubt that is the strategy being used though. My sense is that even if GENDA was more in the spotlight, it still would not be facing down the same opposition that marriage equality faced. Try finding clobber verses for the fundamentalists to use against it and you're going to come up short. Furthermore, whereas even state sanctioned marriage is viewed as a religious concept, employment is not typically subject to the same moral scrutiny. In short, I actually think passing GENDA would be easier than marraiage equality, particularly with the momentum that we gained less than a year ago.

Therefore, the question becomes why is it legislation that when compared to marriage equality, should (in theory) be easier to pass and would have a greater impact for the population that has more need of it, be getting the silent treatement?

I have no words other than to say that I am saddened by the mainstream LGB(T?) organizations lack of public support for GENDA. At a time when we could have another victory on our hands, we have only the barest echo of a whisper.