The LGB and T conundrum
ALL RISE! Court is now in session The Honorable Judge Terry Purdue Presiding
Thank You All, Please Be Seated
Today I am called to rule on an issue that is in fact contentious. It is Gay Inc v. Trans Group. There are allegations on both sides that neither side is doing enough to advance gender equality. Gay Inc says that they are willing to work with Trans Group in order to pass GENDA, a statewide law that would protect transgender and gender nonconforming individuals as well. Trans Group alleges that since NY enacted marriage equality in the state, the Transgender community has been left to its own devices. Experts on both sides have testified of the history of SONDA and how GENDA was a component taken out to ensure passage. SONDA did pass the Senate with a vote of 34-26 on December 7, 2002 and went into effect on January 16, 2003. The allegation that the trans community was told that they'd come back for them is also lodged and is true. From 2002 on, GENDA has consistently passed in the NYS Assembly and hadn't been called forth in the Senate. On June 24, 2011 the Senate passed the Marriage Equality Act which was championed by the current Governor Andrew Cuomo. The Assembly passed the Marriage Equality Act only 4 days prior and after that historic vote to make NY the 6th and most populous state in the Union to legalize marriages between two people of the same gender. Many activists celebrated this event and got ready for weddings that would be available one month later, many transgender activists were thrilled for this historic win, but their turn had not yet come. So today, in my court room I am asked to speak to this issue and in fact, it is difficult because I have to speak as one of those in the community and be tactful as well as direct and blunt at the same time
The Conundrum I See
I see that the LGB community from that which is represented seems to want to help their trans brothers and sisters to gain equality under the law. This is the ideal that our Constitution demands but of course, dolling that out equally has been stalled due to peoples' perception on who deserves to be treated equally. Many people do not believe that trans individuals should not be given protections by the government because it would end up having an undesirable effect on public policy. Sixteen states and countless municipalities have these protections and there haven't been any accounts of the undesirable consequences that many opponents of trans rights said would befall those who would pass such laws.
It seems that the allegations brought against the gay community as one of the trans testifiers had called them: Gay Inc are by embittered individuals who feel as if they are owed something by the gay community. When questioned what they have done to help pass GENDA, and reminded that they were under oath, they couldn't say what they've done. When asked if they could do more and if they have, they replied differently stating that they can't come out publicly citing fears of job loss, which is entirely legal based on gender expression. Most states in the Union don't have an outright law that will bar such discrimination. Although this an entirely understandable claim, it is also true of gay and lesbian persons as they fight for equality in states across the nation where they can marry and in states where they can not marry. Most states do not explicitly discriminate but we can see that this discrimination by not being addressed is many times legally sanctioned. One House Member said that many people disapprove of homosexuality and they express it through the laws. In a recent case over Proposition 5 in Alaska, anti transgender ads were run in the hopes that it would encourage voters to vote down this proposition that barred discrimination based on gender identity and sexual orientation. The Proposition came after the Anchorage Council rejected a bill that was similar in scope.
However, the history of the transgender community and their allegations as well as the gay community's rebuttals to that and the conundrum I see here are complicated. Stonewall was started not by masculine gay men, but butch lesbians and drag queens which allowed more masculine men to come out as more and more gay men and lesbians came out and trans persons were also making strides together as a movement because it was all about visibility and the thought that once the opponents see us as we are, then discrimination will lessen, which is what happened to a point. Yet the backlash has been fierce 1977 saw Anita Bryant working with the Legislature to pass a law that prohibited homosexuals from adopting, 1978 saw Wichita and St Paul repeal their gay rights ordinances and many other milestones happened with a community though united, to itself bickering and fighting.
So it comes to this: The trans community is a small one and can't win GENDA on their own, the gay community knows this and are willing to help, yet infighting with trans people who are unwilling to do anything, to attend an event if they could, to do whatever they can knowing they have a lot to lose--as was the case with the gay community. However, there is a lot less to lose today due to the strides they have gained. The gay community has also expressed frustration at this becuase they allege that the trans community wants someone else to do it. I have determined that this is a valid allegation. It is easier to watch someone else do something than to do it yourself and risk the possibility of public speculation and harm.Trans Group has to realize that they need to be the public faces of their own issue despite the fears they have of possible rejection this is tough but this is the reality of the fight for LGBT equality if you are including the T in it
Trans Group also alleges that some gay communities within it are racist and transphobic, this is no doubt true and disturbing because of the simple fact that the communities are diverse and it would follow that gay people are probably more accepting of others. Yet, the extra dimension of gender can be pretty hard to digest because this is something that one can see and often seeing something makes the reality hit home even harder than just hearing about something. We need to address this
ADDRESS
It is my ruling that neither Gay Inc or Trans Group are at fault but need to work together with the people that are willing. It is true that Trans Group wants someone else or the same few people running it to be the faces for those who can't or aren't willing to step out and own their equality but that is true no matter what movement you are in. People like Medger Evers fought so that people like Herman Cain who didn't participate in the Civil Rights Movement could hope to own businesses, become successful and run for President. It was people like Bayard Rustin who fought for people who didn't want to take part in Civil Rights or LGBT rights though they stood to benefit from the passage of those rights. I am astounded that both of you are in my courtroom as opposed to at a table sitting down--not just the same few I see sitting together shaking their head at this lawsuit gay and trans, but more of you actually putting aside complaints about the past. Some people are stuck there and we may need new blood in the fight that is willing to work together to pass protections for TG people. If they can't pass the full bill I would say that at least pieces of the legislation should be passed at different times so that in essence this bill will be passed in chunks.
My words to both communities: Get off it and march, rally, vote, do what you need to do to vote for people who will make this a reality. It is not gay v trans but it should be one community, one voice saying that all are not free until all are free. While it is disturbing to see racism and transphobia and the bathroom issue---which is not an issue spoken of by gay people who are supposed to be more progressive, it is a reality we all have to deal with. Education is the remedy for that, compassion is how we do it.
I am dismissing this case and ordering all of you to sit down and talk with a mediator and get through these issues, this case should be an eye opener to people that we all must fight for others. We must not make this mistake when it comes to 2 minority groups
In conclusion
Thank You All, Please Be Seated
Today I am called to rule on an issue that is in fact contentious. It is Gay Inc v. Trans Group. There are allegations on both sides that neither side is doing enough to advance gender equality. Gay Inc says that they are willing to work with Trans Group in order to pass GENDA, a statewide law that would protect transgender and gender nonconforming individuals as well. Trans Group alleges that since NY enacted marriage equality in the state, the Transgender community has been left to its own devices. Experts on both sides have testified of the history of SONDA and how GENDA was a component taken out to ensure passage. SONDA did pass the Senate with a vote of 34-26 on December 7, 2002 and went into effect on January 16, 2003. The allegation that the trans community was told that they'd come back for them is also lodged and is true. From 2002 on, GENDA has consistently passed in the NYS Assembly and hadn't been called forth in the Senate. On June 24, 2011 the Senate passed the Marriage Equality Act which was championed by the current Governor Andrew Cuomo. The Assembly passed the Marriage Equality Act only 4 days prior and after that historic vote to make NY the 6th and most populous state in the Union to legalize marriages between two people of the same gender. Many activists celebrated this event and got ready for weddings that would be available one month later, many transgender activists were thrilled for this historic win, but their turn had not yet come. So today, in my court room I am asked to speak to this issue and in fact, it is difficult because I have to speak as one of those in the community and be tactful as well as direct and blunt at the same time
The Conundrum I See
I see that the LGB community from that which is represented seems to want to help their trans brothers and sisters to gain equality under the law. This is the ideal that our Constitution demands but of course, dolling that out equally has been stalled due to peoples' perception on who deserves to be treated equally. Many people do not believe that trans individuals should not be given protections by the government because it would end up having an undesirable effect on public policy. Sixteen states and countless municipalities have these protections and there haven't been any accounts of the undesirable consequences that many opponents of trans rights said would befall those who would pass such laws.
It seems that the allegations brought against the gay community as one of the trans testifiers had called them: Gay Inc are by embittered individuals who feel as if they are owed something by the gay community. When questioned what they have done to help pass GENDA, and reminded that they were under oath, they couldn't say what they've done. When asked if they could do more and if they have, they replied differently stating that they can't come out publicly citing fears of job loss, which is entirely legal based on gender expression. Most states in the Union don't have an outright law that will bar such discrimination. Although this an entirely understandable claim, it is also true of gay and lesbian persons as they fight for equality in states across the nation where they can marry and in states where they can not marry. Most states do not explicitly discriminate but we can see that this discrimination by not being addressed is many times legally sanctioned. One House Member said that many people disapprove of homosexuality and they express it through the laws. In a recent case over Proposition 5 in Alaska, anti transgender ads were run in the hopes that it would encourage voters to vote down this proposition that barred discrimination based on gender identity and sexual orientation. The Proposition came after the Anchorage Council rejected a bill that was similar in scope.
However, the history of the transgender community and their allegations as well as the gay community's rebuttals to that and the conundrum I see here are complicated. Stonewall was started not by masculine gay men, but butch lesbians and drag queens which allowed more masculine men to come out as more and more gay men and lesbians came out and trans persons were also making strides together as a movement because it was all about visibility and the thought that once the opponents see us as we are, then discrimination will lessen, which is what happened to a point. Yet the backlash has been fierce 1977 saw Anita Bryant working with the Legislature to pass a law that prohibited homosexuals from adopting, 1978 saw Wichita and St Paul repeal their gay rights ordinances and many other milestones happened with a community though united, to itself bickering and fighting.
So it comes to this: The trans community is a small one and can't win GENDA on their own, the gay community knows this and are willing to help, yet infighting with trans people who are unwilling to do anything, to attend an event if they could, to do whatever they can knowing they have a lot to lose--as was the case with the gay community. However, there is a lot less to lose today due to the strides they have gained. The gay community has also expressed frustration at this becuase they allege that the trans community wants someone else to do it. I have determined that this is a valid allegation. It is easier to watch someone else do something than to do it yourself and risk the possibility of public speculation and harm.Trans Group has to realize that they need to be the public faces of their own issue despite the fears they have of possible rejection this is tough but this is the reality of the fight for LGBT equality if you are including the T in it
Trans Group also alleges that some gay communities within it are racist and transphobic, this is no doubt true and disturbing because of the simple fact that the communities are diverse and it would follow that gay people are probably more accepting of others. Yet, the extra dimension of gender can be pretty hard to digest because this is something that one can see and often seeing something makes the reality hit home even harder than just hearing about something. We need to address this
ADDRESS
It is my ruling that neither Gay Inc or Trans Group are at fault but need to work together with the people that are willing. It is true that Trans Group wants someone else or the same few people running it to be the faces for those who can't or aren't willing to step out and own their equality but that is true no matter what movement you are in. People like Medger Evers fought so that people like Herman Cain who didn't participate in the Civil Rights Movement could hope to own businesses, become successful and run for President. It was people like Bayard Rustin who fought for people who didn't want to take part in Civil Rights or LGBT rights though they stood to benefit from the passage of those rights. I am astounded that both of you are in my courtroom as opposed to at a table sitting down--not just the same few I see sitting together shaking their head at this lawsuit gay and trans, but more of you actually putting aside complaints about the past. Some people are stuck there and we may need new blood in the fight that is willing to work together to pass protections for TG people. If they can't pass the full bill I would say that at least pieces of the legislation should be passed at different times so that in essence this bill will be passed in chunks.
My words to both communities: Get off it and march, rally, vote, do what you need to do to vote for people who will make this a reality. It is not gay v trans but it should be one community, one voice saying that all are not free until all are free. While it is disturbing to see racism and transphobia and the bathroom issue---which is not an issue spoken of by gay people who are supposed to be more progressive, it is a reality we all have to deal with. Education is the remedy for that, compassion is how we do it.
I am dismissing this case and ordering all of you to sit down and talk with a mediator and get through these issues, this case should be an eye opener to people that we all must fight for others. We must not make this mistake when it comes to 2 minority groups
In conclusion
First they came for the socialists,
and I didn't speak out because I wasn't a socialist.
Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.
Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.
Then they came for me,
and there was no one left to speak for me.
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