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.