Governor David Paterson Signs Executive Order Protecting Transgender NY State Employees
December 16, 2009
This morning, before a room packed with advocates, allies, and journalists at the LGBT Community Center in Manhattan’s Greenwich Village, New York Governor David Paterson signed Executive Order No. 33 prohibiting discrimination against any employees of New York State agencies on the basis of their gender identity or expression.
Word of his intention to do so spread quickly yesterday after The New York Times received the news. He followed through today in grand style, joined at the podium by state legislators, including Senator Tom Duane, Assemblyman Richard Gottfried, Assemblywoman Deborah Glick, Assemblyman Micah Kellner, and Assemblyman Daniel O’Donnell.
NY1 quoted Gov. Paterson saying, “The transgender community has had to wait for what are the same freedoms and equalities that everyone else enjoys, in terms of employment and choices all around this state. And as far as state employees are concerned, that problem ends today.”
The governor emphasized that while his executive order cannot be as sweeping as similar state legislation would be, it can nonetheless pave the way for larger steps toward LGBT equality in the near future. Paterson cheerfully quipped that this order represented one of the lessons he had learned in politics: “If you want something done, you have to do it yourself.” And to those skeptical of the distance New York has yet to come in order to protect transgender and gender non-conforming workers from discrimination, he promised, “You’ve only seen the first act. You haven’t seen the grand finale.”
FOX 40 has posted a summary of this morning’s signing, including statements from the many supportive legislators and transgender rights advocates around the state.
Prominent among them were the sentiments of Senator Tom Duane – who worked with then Senate Minority Leader-Paterson to include gender expression protections in the original Sexual Orientation Non-Discrimination Act (SONDA) in 2002 – promising that he and his allies in the Senate would not relent in their push to pass the Gender Expression Non-Discrimination Act (GENDA), a marriage equality bill, and the Dignity for All Students Act “until equal protection under the law is a reality for all New Yorkers.”
GLAAD will continue to provide updates on media coverage of any further progress in protecting all employees from workplace discrimination.
Related Posts:Mormons Voice Support for Salt Lake City Anti-discrimination Law
November 13, 2009
As a prelude to Salt Lake City becoming the first city in Utah to enact an LGBT-inclusive employment and housing non-discrimination ordinance, the Church of Jesus Christ of Latter-day Saints (LDS) made the stunning announcement that it supported the measure.
LDS top leaders negotiated behind the scenes with LGBT organizations in Salt Lake City, before making the pronouncement. In the mean time, pro-gay Mormons provided the back drop of repeated public protests over church meddling in legislation and harmful anti-gay teachings.
Straight allies from the Foundation for Reconciliation accessed GLAAD media assistance and garnered media coverage of their meeting with the governor of Utah and their symbolic five mile trek with a pioneer handcart carrying more than 2,000 petition signatures, letters from religious leaders, and memorials for gay LDS suicide victims.
Affirmation Mormons also used GLAAD’s media assistance to garner local Fox News coverage of the high rate of homelessness among Mormon gay youth and launched “Keep them and Love Them,” a web site to help Mormon families with LGBT members.
This week, in response to the LDS support of housing and employment protection, Affirmation’s Executive Director David Melson said,
“Discrimination based on a person’s identity, including race, gender, sexual orientation, gender identity or disability, has always been wrong. It is commendable that the LDS Church is taking a step toward living up to its own teachings of valuing of all humanity. It is a vital first step…we await the second.”
Tuesday night, Michael Otterson, LDS director of public affairs, told the Salt Lake City Council “In essence, the Church agrees with the approach which Mayor Becker is taking on this matter. In drafting these ordinances, the city has granted common sense rights that should be available to everyone, while safeguarding the crucial rights of religious organizations, for example, in their hiring of people whose lives are in harmony with their tenets, or when providing housing for their university students and others that preserve religious requirements.”
According to The New York Times, the ordinance most likely already had the support of the seven-member Salt Lake city council as it passed unanimously. However, the Church statement is viewed by many as a breakthrough. While the Church issued a statement in 2008 saying that it did not condone abuse toward gay people, this is the first time it backed an actual ordinance to protect gay rights. Will Carson, manager of public policy for Equality Utah, told the NY Times,
Related Posts:“It’s the most progressive and inclusive statement that the church has made on these issues.”
Support Mounts for Kalamazoo Nondiscrimination Ordinance
October 30, 2009
The Kalamazoo Gazette, Kalamazoo, Michigan’s largest newspaper, encouraged its readers to “stand for equality” and vote “yes” in its official endorsement of the City of Kalamazoo Ordinance No. 1856, a November ballot initiative that would make it illegal for employers, housing authorities as well as public accommodations to discriminate on the basis of sexual orientation.
The paper’s editorial board wrote :
Either we are all equal, or we are not. Is it right, then, that a person in Kalamazoo can be fired or denied employment or housing simply for being gay? Voters in the city have the opportunity on Nov. 3 to remove that inequity and deliver a strong message about the type of community we want to have.
The paper continued saying:
We do not believe this is a morality issue, except to the extent that discrimination and inequality are immoral—and illegal.
Earlier this year, the Kalamazoo City Council passed the anti-discrimination ordinance for the city’s LGBT population , but anti-gay opposition gathered enough signatures to challenge the ordinance.
Narda Beauchamp, a retired school teacher whose daughters are gay, moved out of Kalamazoo fearing they would be discriminated against because of their orientation.
In an interview with the Michigan Messenger, she said, “After college our two daughters planned to stay in Kalamazoo. They grew up here and started their careers here,” she said. “But after a lot of heartfelt conversations with the family, they told my husband and I that they need to move to another state and another city that already provided protections for housing, employment and public accommodations,” Beauchamp said, listing the kinds of discrimination Ordinance 1856 would outlaw if passed by voters.
Kalamazoo Mayor Bobby Hopewell also came out in support of the ordinance saying:
The Kalamazoo Promise being here at this moment at this time. We are a different place. We are a welcoming place. We need to be able to understand that everyone deserves a job, everyone deserves a house, everyone deserves accommodations. We need to affirm this on Nov. 3.
The endorsement is the latest boost for proponents of the nondiscrimination ordinance. The YWCA, NAACP, the League of Women Voters. A ministerial alliance was also formed among faith leaders supporting the ordinance.
Western Michigan University ‘s school newspaper, the Western Herald, also encouraged fellow students to support the ordinance saying:
Kalamazoo’s gay and transgender community deserves the same opportunity to succeed as anyone else. While it is sad that such protection has to be explicitly legislated, it is up to individual municipalities to provide it.
If voters on Nov. 3 uphold the ordinance, Kalamazoo will become the 15th city in Michigan to have nondiscrimination protections.
Related Posts:ENDA Hearing Renews Battle for Inclusive Workplace Protections
September 24, 2009
On Wednesday morning, the U.S. House of Representatives Labor & Education Committee held its long-awaited hearing for the inclusive Employment Non-Discrimination Act (H.R. 3017). The Committee heard testimony in support of the bill from Equal Employment Opportunity Commission Acting Chairman Stuart Ishimaru; Vandy Beth Glenn, fired from her Georgia state legislative job when she told her supervisor she was transitioning from male to female; and Rabbi David Saperstein, director, the Religious Action Center, among others.
The Washington Blade reported that the hearing represented “the first step in the legislative process” toward passing ENDA, according to Committee spokesperson Aaron Albright. ENDA would make it “illegal to fire, refuse to hire or refuse to promote an employee based on the person’s sexual orientation or gender identity at companies with 15 or more employees.” The legislation was introduced in the U.S. House on June 24th and a similar bill was introduced in the U.S. Senate on August 5.
In his opening statement published on the Education & Labor Committee’s website, Committee Chairman George Miller (D-CA) wrote, “For more than three decades, gay, lesbian, bisexual and transgender Americans have waged a courageous campaign for their workplace rights. I regret that they had to wait so long for us to respond.”
Vandy Beth Glenn, who had worked for the state legislature in Georgia, related her compelling story of the workplace discrimination that resulted in her termination:
My editorial skills had not changed. My work ethic had not changed. I was still ready and willing to burn the midnight oil with my colleagues, making sure every bill was letter perfect. My commitment to the General Assembly, to its leaders, and to Mr. Brumby had not faltered. The only thing that had changed was my gender, and because of that the legislature I had worked so hard for no longer had any use for my skills.
Glenn added, “No one should ever get fired for the reason I was fired, and no one should have to wonder if the law protects them. Transgender workers like me need a federal law that clearly and unmistakably bans gender identity discrimination.” Several attendees reported the noticeable effect that her words had on many of the representatives.
Throughout the hearing, concerns centered on whether ENDA was necessary, given the existing protections provided under Title VII of the 1964 Civil Rights Act, as well as the potentially limiting effect of such a bill on religious liberties. However, The Advocate reported a generally positive atmosphere in the chambers, where Rea Carey, Executive Director of the National Gay and Lesbian Task Force commented about the opposition, “They were not the arguments that we have heard over the past 20 years that have been degrading, insulting and inhumane. I think that bodes well for the passage of ENDA.”
Solid testimony from Stuart Ishimaru, Acting Chairman of the U.S. Equal Employment Opportunity Commission, confirmed that cases of discrimination based on gender identity or sexual orientation brought under Title VII claims have been historically turned down by the EEOC, which must reply, “We can’t help you; the law doesn’t apply.”
In answer to the religious concerns, supporters reminded the Committee that ENDA includes even stronger exemption than Title VII does for religious organizations. Shannon Minter, Legal Director at the National Center for Lesbian Rights, explained to The Advocate that:
Title VII permits certain religious employers to discriminate based on religion but not based on ‘race’ or ‘gender.’ ENDA actually allows those religious organizations more latitude by permitting them to discriminate based on sexual orientation and gender identity.
Pam’s House Blend posted the official House of Representatives press release for the hearing, in which Rabbi David Saperstein, director of the Religious Action Center of Reform Judaism represented the coalition of faith-based organizations and communities supporting the bill:
ENDA simply ensures that workers are judged and rewarded based on their qualifications and performance, rather than on irrelevant and prejudicial factors. At the same time, it protects the right of religious communities to make their own employment decisions in this sensitive area.
One of the chief sponsors of the bill, Rep. Barney Frank (D-MA) closed his introductory statement with:
Let me just say to my colleagues — there’s nothing to be afraid of. These are our fellow human beings. They aren’t asking you for anything other, in this bill, than the right to earn a living. Can’t you give them that?
GLAAD will continue to track media coverage of the progress of ENDA through Congress and keep you updated.
Related Posts:Media Takes Note of Latest Statewide LGBT Developments
August 21, 2009
Every week at state and local levels, there are numerous developments taking place about the many key issues that deeply affect our community—domestic partnerships, marriage, hate crimes, employment discrimination and DOMA to name a few. The media is paying attention. Here is a brief summary:
Maine:
Gearing up for Vote on Marriage for Gay and Lesbian Couples
Last year, Maine legislators passed LD 1020—a law allowing marriage for gay and lesbian couples—but LS 1020 only stands if Maine residents vote to uphold it this November.
So the clock is ticking.
The Advocate wrote that in Maine, both sides, marriage and anti-marriage advocates are working aggressively:
Opponents of Maine’s same-sex marriage law have the upper hand financially thus far, raising more than $343,000 compared to [Equality Maine-based] No on 1’s $143,000, according to mid-July filings with the State Ethics Commission.
Marriage equality proponents had a total of 501 donors, according to a campaign spokesman, with the largest donation of $50,000 coming from Maine resident Diane Sammer, $25,000 from the Human Rights Campaign, $10,000 from the American Civil Liberties Union, and $10,000 from another state resident Jane Begert. An HRC spokesperson said the organization plans to chip in an additional $100,000 over the next couple months.
The Los Angeles Times reported that Maine-based advocates of same-sex marriage are not in this alone–people in California are lending a helping hand:
Equality California, one of this state’s largest gay rights groups, sent out a fundraising appeal urging supporters to send their donations to Maine.
The appeal noted that opponents of gay marriage, including many who were active in California’s $80-million battle over Proposition 8, have raised more than twice as much money.
View “Together”, the Gay & Lesbian Advocates and Defenders, Equality Maine Foundation and the Maine Civil Liberties Union Foundation’s new ad for upholding LD 1020.
Ohio:
Same-Sex and Unwed Partners of Employees to Receive Benefits
On August 18, Franklin County commissioners and employees voted unanimously to offer benefits to unmarried and same-sex partners of county employees.
The Columbus Dispatch reported on Wednesday that all county offices and independent agencies including Franklin County Children Services, the Solid Waste Authority of Central Ohio, the Mid-Ohio Regional Planning Commission and Metro Parks are to adopt this new policy.
This new policy, which goes into effect January 1st, 2010, could benefit roughly 60 domestic partners and 21 dependants in the area.
Tennessee:
Metro Council Votes to Ban Workplace Discrimination against LGBT Workers
In a 23-16 vote, the Metropolitan Council— the legislative body of Nashville and Davidson County —voted on member Meghan Barry’s proposal to ensure that all gay and lesbian workers were protected from discrimination in the workplace. According to the Nashville Scene, the majority of those who opposed the bill expressed that they wanted a bill that would protect all employees better based on “non-merit” factors.
This vote comes six years after a similar 2003 vote that refused to ban this type of discrimination.
Texas:
El Paso Officials Will Make Public Accouchement on Domestic Partner Benefits Next Week
This July, council members in El Paso voted to include benefits for partners of gay and unmarried employees. Kiva.com reported that on August 18, at a city council meeting, both those who support and oppose this new policy spoke out in the allotted public comment portion of the meeting. What exactly was said is unknown to the public, because council members are not allowed to divulge what community members say if it is not the agenda of the meeting.
Next Tuesday, council members will officially make a statement about this new measure to the public. Mayor John Cook stated that he will have a special meeting about this as well.
Ft. Worth Police Revising Policies After Raiding Local Gay Bar
Almost two months after the Rainbow Lounge raid, which resulted in six arrests and one hospitalization, Fort Worth police announced on Tuesday that they are revising some of their policies, reports the El Paso Times:
Chief Jeff Halstead told the City Council that problems happened at the Rainbow Lounge in the early morning hours of June 28 because the department’s bar inspection policy lacked specific guidelines, which he said was why no policies were violated.
He said a revised policy should be in place by Sept. 1 with rules for a three tiered-system: bar checks, inspections and investigations.
A final report should be finished in late September or October, Halstead said. It will include the department’s findings on whether allegations against some officers—including excessive force and unprofessional conduct—are justified and any recommended disciplinary actions
The June raid sparked accusations that police were targeting gay bars in the area. After public protests and marches, the city’s police chief announced the appointment of an interim liaison to the city’s LGBT residents and issued a public apology for the incident.
Washington State:
Referendum 71 Aims to Dismantle Domestic Partnerships Laws
Over the past few years, Washington’s state legislature has passed progressively more inclusive versions of a domestic partnership law. In 2009, the legislature passed Senate Bill 5688, a bill that would make domestic partnerships equivalent to marriage in the state, with the exception of the title of the agreement. Governor Chris Gregoire (D-WA) dubbed the bill, “everything but marriage,” and anti-gay forces have continued repeating the phrase. After contentious fights among leading conservatives in the state on whether it was a good strategy to force a referendum on the bill, a fraction of the anti-gay activists began gathering signatures for Referendum 71 (R-71)—an appeal that could overturn existing law if it wins majority vote this November.
On July 25th, Protect Marriage Washington turned in 137,689 signatures from registered Washington State voters supporting R-71–only 120,577 valid signatures were required. The Secretary State’s Office is still verifying all of the signatures on R-71 and will most likely make an announcement later this month.
The Seattle Times reported that the Protect Marriage Washington asked the Public Disclosure Commission on Thursday to hold an emergency hearing—they claim that they have received threats of violence.
GLAAD will be on the ground in Washington working with local LGBT organizations and media in reporting on this matter.
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GLAAD will continue keeping up with the latest developments on legislative LGBT issues around the country.
Related Posts:Many Wins for the LGBT Community Since Election
December 19, 2008
While much of the media is still concentrating on the passage of anti-gay legislation back in November, many gains for LGBT equality are being made across the nation.
- Just yesterday, our community and elected officials made these changes!
- Columbus, Ohio, and Binghamton, NY’s, city councils both, extended their nondiscrimination laws to include discrimination based on gender identity and expression.
- Sioux City, Iowa’s, city council decided to delay action on a proposal that would publicly oppo
se marriage equality. - A federal judge denied Birmingham, Alabama’s, request that the court dismiss an anti-gay discrimination lawsuit.
- Ankeny, Iowa’s, school board denied a request to bar children from reading the children’s book And Tango Makes Three, which features two male penguins who raise a chick together.
- New York’s governor mandated that gay parents be allowed to appear on birth certificates.
- And since the election:
- Nov. 12: Same-sex couples legally wed in Connecticut for the first time.
- Nov. 14: Michigan’s House voted to extend hate crimes protections to the LGBT community.
- Nov. 18: Vermont Sen. John Campbell introduced a marriage equality bill.
- Nov. 25: a Florida judge declared the state’s anti-gay adoption law unconstitutional.
- Dec. 1: Indiana’s leaders said a ban on marriage equalityis unlikely in ‘09.
- Dec. 5: Alaska’s Senator-elect told the New York Times he supported partner benefits for gay couples.
- Dec. 8: Cleveland, Ohio, enacted a domestic partner registry and the Virginia Supreme Court granted child-visitation rights to lesbian parent
- Dec. 9: Iowa’s Supreme Court began hearings on marriage equality case Varnum v. Brian.
- Dec. 10: the New Jersey Civil Union Review Commission released a report that explains the state’s civil union law is not adequate, and that the legislature must take action to ensure marriage equality.
With the discouraging losses on Nov. 4, it’s important to point out all of our steps forward and to know that for the most part these issues have been covered by the media in a fair, accurate, and inclusive way. Fair media visibility of our community on the local level-everywhere from Florida to Alaska to Iowa-makes a big change in the way our neighbors perceive us.
In addition to the media coverage in your community, sharing your story with your community helps change hearts and minds too! Check out GLAAD’s Announcing Equality toolkit to learn all of the ways to share your story locally: http://www.glaad.org/AnnouncingEquality/
