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The New York Times
Bill Stalls Over
Transgender Protections
By AP from
nytimes.com on the Web, October 3, 2007
WASHINGTON, Oct 2 --
Legislation banning workplace discrimination against gays, lesbians and
bisexuals -- but not those who have had sex-change surgery or cross-dressers --
has stalled in the House after an impassioned outcry against excluding people
from the bill.
''We are one community, and we demand protections for all of us, and nothing
else will suffice,'' said Matt Foreman, executive director of the National Gay
and Lesbian Task Force.
But House Democrats said while they have the votes to pass a bill banning
workplace discrimination against gays, lesbian and bisexuals, they don't have
the votes if transgender people are included.
''There is more resistance to protection for people who are transgender than for
people who are gay, lesbian and bisexual,'' Rep. Barney Frank, D-Mass., said in
a statement. ''This is not a good fact, but ignoring bad facts is a bad
way to get legislation passed.''
Frank said having the votes to pass a bill banning discrimination against gays,
lesbians and bisexuals is historic. Republicans had not permitted votes on
similar measures while they controlled the House in past years.
But the outcry from the transgender community and its allies prompted Frank and
Rep. Tammy Baldwin, D-Wis., two openly gay members of Congress, to seek more
time. As a result, House Speaker Nancy Pelosi and House Education and
Labor Committee Chairman George Miller, both California Democrats, agreed to put
off a committee vote on the bill until later this month.
Advocates have until then to build up enough support to pass a bill that
includes transgender people.
''It's up to us to find the votes,'' said Mara Keisling, executive director of
the National Center for Transgender Equality in Washington.
''Transgender'' is an umbrella term that covers transsexuals, cross-dressers and
others whose outward appearance doesn't match their gender at birth.
The Employment Nondiscrimination Act would make it illegal for employers to make
decisions about hiring, firing, promoting or paying an employee based on sexual
orientation or gender identity. Churches and the military would be exempt.
However, once Democrats started counting votes and realized the measure would
fail, they substituted a new version dropping transgender people from the bill,
Frank said.
''It became very clear that while we would retain a significant majority of
Democrats, we would lose enough so that a bill that included transgender
protection would lose if not amended, and that an anti-transgender amendment
would pass,'' Frank said.
The Human Rights Campaign, a leading gay rights group, acknowledged the
situation Democrats are in.
''Though we support a fully inclusive ENDA, we acknowledge the legislative
strategy put forth by Congressman Frank and the Democratic leadership to obtain
a clear path towards an inclusive bill in the future,'' said Joe Solmonese,
president of the Human Rights Campaign.
Federal law bans job discrimination based on factors such as race, gender and
religion. Nineteen states and the District of Columbia have laws against sexual
orientation discrimination.
However, only nine states specifically protect transgender people from
discrimination: New Jersey, Minnesota, Rhode Island, New Mexico,
California, Illinois, Maine, Hawaii, Washington. The District of Columbia
also has a similar law.
By January, laws also will be in effect in Iowa, Vermont, Colorado and Oregon.
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