ENDA Discussion

Terrance of The Republic of T has a couple of great posts about ENDA, which he’s also cross-posted to Pam’s House Blend. For that matter, Pam’s House Blend is filled to the brim with ENDA-related posts that are worth reading.

In Terrance’s first post, LGB-T = ENDA, pt. 1, he discusses his experiences with the kind of incrementalism used to justify the removal of gender protections. He says, about the statement, “the implication of gradualism is that some people will have to continue to endure injustice without remedy,”

Its one thing to be an incrementalist and at least be honest about that last sentence. It’s quite another to declare that it is the right thing to do to ask others to continue to suffer injustice without remedy is the right thing to do, that they ought to be glad to do it, and that they are wrong for objecting to it.

That’s what’s asked of of gay folks by progressives on the marriage issue. And now that’s what gay folks are asking of transgender folks on employment discrimination, which for some transgender people is literally a matter of life and death.

That’s it in a nutshell. GLB-rights activists (for they are surely not *T rights activists) who magnanimously sacrifice someone else’s chance at fairness or equality to get theirs first aren’t really making concessions - a true concession requires you to give up something that matters to you.

Terrance continues with LGB-T = ENDA, pt. 2. Here he nails down just what workplace discrimination against trans people means. Seriously, even in San Francisco where trans people have a large number of civil rights protections, you’re looking at something like 75% unemployment. Looking at numbers like that, it’s hard to see how anyone could argue that we don’t need our civil rights yet if it means everyone else waiting an extra year or two. Because, really, unlike John Aravosis’ belief that including T could set his civil rights back decades, we were really close to having enough votes to get a trans-inclusive ENDA passed in the House, and we don’t even know for sure if we didn’t have those votes. People have observed a few irregularities surrounding the alleged whip count.

Terrance mentions how getting employment can be a matter of life or death for trans people, and specifically mentions trans women who had been murdered by men who discovered their trans status, who were in sex work to support themselves because of the difficulty in finding employment. This is called “survival prostitution.” The four women he names are trans women of color, who not only had to deal with transmisogyny, but also racism and sexism. Since transphobia and transmisogyny barely register as unacceptable to many people, it’s also more acceptable to turn up the heat on the racism and sexism.

Terrance highlights that the lack of protection for transgender people really is a matter of life or death. To call us selfish, to tell us we’re holding the gay rights movement back because we are very clear on how badly we need those rights, demonstrates a profound lack of compassion. I would like to know how many trans women have to turn to prostitution to survive, have to live on the edge of homelessness, how many have to die before we’ve earned our place at the table. Is it because the trans people who suffer most - who die most often - are trans women of color? Why is this lack of protection acceptable to civil rights “activists” like Joe Solmonese? Why does John Aravosis constantly characterize our need for these protections as selfish and demanding?

LGB-T = ENDA, pt. 3 further condemns incrementalism as a political strategy, emphasizing the cost to those whose rights are sacrificed “for the greater good.”  As he states in these two paragraphs:

If Democrats and progressives are convinced that righting for legal marriage isn’t effective right now, then we need to find another way to protect our families right now, not ten or twenty or thirty years down the line. We need to do more than shake our heads and say it’s a shame that happens. If civil unions are the answer, then great. Let’s craft legislation, or pour resources into states where it’s achievable. But let’s do something besides “just wait.”

If we believe that employment discrimination transgender persons is wrong and shouldn’t happen, and an inclusive ENDA isn’t gongi to work right now, then we need to find another way to protect transgender persons right now, not ten or twenty or thirty years down the line. We need to do more than shake our heads and say it’s a shame that happens. Let’s start educating Congress on transgender issues now, get a panel of transgender persons who’ve experienced workplace discrimination in front of a committee hearing, or sitting down with key members of congress, or pour some resources into public education campaigns in key states or districts where legislators might be influenced. But let’s do something besides “just wait.”

I wish we had more voices like his.

His posts are also on Pam’s House Blend: LGB-T = ENDA, pt. 1 and LGB-T = ENDA, pt. 2.

On Pam’s House Blend, AHiddenSaint tells her personal story.

Autumn Sandeen discusses the dilemma for some representatives - whether it was worth voting against civil rights legislation in order to oppose the trans-exclusive ENDA.

Daimeon talks about picking up the pieces now that we’ve been thoroughly backstabbed and thrown under the bus.

Also, keep an eye on Donna’s ENDABlog as she posts post-mortem analysis. Donna Rose was on the HRC board until HRC voted to not oppose the trans-exclusive ENDA, at which point she resigned.

Theft of Dignity, Human Rights, etc.

This made the news a couple of weeks ago. A 20-year old prostitute was raped multiple times at gunpoint. She did negotiate to have sex for money, but she wasn’t paid, and having four men rape her while pointing a gun at her isn’t something anyone should have to endure just because she did negotiate sex for money. Bound Not Gagged has asked bloggers - sex workers and allies - to post about this, to hold a virtual rally. I’m posting for three reasons: This is an abhorrent way to treat rape and rape victims, this encourages the treatment of cis women who are sex workers as less than human, and I can’t help but wonder what would happen if a trans woman sex worker were brought before this judge or one of a similar mindset. Hell, I wonder about the even more likely case of a trans prostitute’s murder brought before this woman. If this is her attitude, she shouldn’t be sitting on the bench. Thanks to Elizabeth McClung, I don’t have to worry about that last any more. It’s no surprise, though.

Philadelphia Judge Teresa Carr Deni dismissed the assault and rape charges in a preliminary hearing, referring to the crime as “theft of services” and saying “She consented and didn’t get paid . . . I thought it was a robbery.” She goes on to say “A case like this minimizes true rape cases and demeans women who are really raped.”

I admit, I’m appalled that any judge - man or woman - could say this about another human being. As Renegade Evolution says today:

I’d like to say I am shocked about this ruling, but I’m not. Outrage, pissed, annoyed, but shocked? No, not in the least. Hell, I watch the news. All this “I can’t believe a woman judge would do this?” All the stunned reactions? That, honestly, is what surprises me. Not her stupid ass ruling, but the fact that people are surprised by it. Sex workers get the short end from just about everyone; society, the law, the media, religion, women and men alike, so it’s not hard at all for me to believe that a judge (even a woman one!) would pass down such an obviously inhuman and downright asinine ruling. Though it does make me want to say “Murder is a job related risk of being a judge, so if it should happen to judges, it should be looked at as an occupational hazard and reduced to crime of passion/assault in those cases”?

It also makes me wonder where this clown went to law school. See, if I take my car to get repaired and I drive off without paying the mechanic, THAT is theft of services. If I pull a gun on the mechanic, beat him, force him to repair my friend’s cars, then it becomes robbery with a deadly weapon, assault and battery, and assault with a deadly weapon. Oh yeah, and if I force him to have sex with me, its RAPE…even if he was hittin’ on me earlier.

Oh yes, but I hear you know…but Ren, prostitutes sell sex, and doing so is, in most areas, an illegal activity! Well, yeah, so what? When it’s sold, it’s a business transaction (Which, for fucks sake, should not be illegal). When it’s taken forcibly and against her will, it’s rape. Even when the victim is a prostitute. How hard is that to grasp? Sex itself is not illegal, any woman can have sex anytime she wants (as long as she’s not selling it!) and if she were to get raped, well, it’s a crime… same goes for prostitutes, bonehead judge and bonehead supporters of the judge.

Sex against someone’s will is rape, plain and simple, no matter what services that person provides for a living.

As for the defendent, Dominique Gindraw? He went on to repeat this same crime four days after the charges were dismissed, and Deni dismissed this case entirely for “failure to prosecute.”

I don’t really know if the Deni is just an idiot, or if she believes she’s upholding some kind of radical faux feminist anti-pornstitution, or if she’s just into the whole misogynistic “blame the victim” mentality when it comes to rape, or at least when it comes to raping prostitutes. I don’t think he motives really matter, the results do - and this result is bad for all of us. If rape is excusable in some circumstances, that sabotages any work to end rape culture. It leaves a crack. “Well, rape is bad…except for prostitutes. And women of color. And we could probably get away with raping institutionalized women, because it’s not like they’re aware or have rights.” Rape is not an occupational hazard. Judge Deni should not be sitting on the bench if these are the kinds of irresponsible, inhumane, and contemptuous decisions she makes.

Octogalore asks “Who’s Next?”

Daisy Deadhead covers all of this in more detail

For immediate release

Contact: 877-776-2004 info@DesireeAlliance.org

 

Rape is NOT an Occupational Hazard!

Sex Workers Join Women’s Groups and Sexual Assault Survivors’ Groups to Urge PA Voters to Vote ‘No’ on the Retention of Judge Teresa Carr Deni

Judge Teresa Carr Deni spawned outrage from all directions after ruling on October 4^th that a sex worker that was raped at gunpoint by multiple men was NOT sexually assaulted, rather she was just robbed. Deni commented in an Oct. 12^th interview that this case “minimizes true rape cases and demeans women who are really raped.”

 

Grassroots activists around the country, including nationwide sex worker-led organizations such as the Desiree Alliance and regional advocacy groups from coast to coast responded with anger and disgust for Deni’s disregard of the basic human rights of the rape victim in this case. “Deni’s decision in this case sends a message that sex workers can be targeted for violence with impunity. Rape of sex workers is common, alarmingly under-reported, and rarely taken seriously by authorities,” Kitten Infinite of Sex Workers’ Outreach Project said. “Violence against sex workers is perpetuated by the state through discriminatory laws and judicial rulings such as this.”

Sex workers in the US and abroad are organizing and becoming more vocal about the violence and discrimination that they face. “Because prostitution is criminalized, our human rights and our boundaries are clearly not respected,” Mariko Passion, a board member from the Desiree Alliance commented, she continues, ”…forcing or manipulating sexual intercourse by fraud, fear or coercion is rape.” On Oct 30^th, after considerable pressure from sex workers and feminists around the country, the PA Bar Association issued a statement condemning Deni’s action, stating that, “The victim has been brutalized twice in this case: first by the assailants, and now by the court.”

The Desiree Alliance applauds Association Chancellor Jane Dalton’s review of the matter and we find some satisfaction in the fact that the District Attorney’s office has re-filed rape charges against the perpetrator of this despicable crime. However, we still call on voters to vote ‘No’ on retaining Deni in the election on November 6^th. The Desiree Alliance will hold a virtual press conference and rally on Monday, November 5^th at 5pm Eastern for sex workers and allies to comment publicly about this case and how to prevent further discrimination against sex workers.

Who: Desiree Alliance and Affiliates

What: “Rape is NOT an Occupational Hazard!” Virtual rally

Why: Judge Teresa Carr Deni should not be retained as a Municipal Court Judge in Philadelphia

When: Monday, November 5, 2007 5pm Eastern, 2pm Pacific

Where: http://www.BoundNotGagged.com