Tag: Transgender

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NCLR Files Amicus Brief in Support of Gavin Grimm

M, a 15-year-old transgender girl, living in rural Virginia and former NCLR client pictured here with her mother Amy.

On November 25, 2019, the National Center for Lesbian Rights filed an amicus brief in the Court of Appeals for the Fourth Circuit in support of Gavin Grimm, a transgender student who was mistreated in school because he is transgender. Representing a coalition of organizations that work with families raising transgender youth, the brief tells the stories of families raising transgender children in states within the Fourth Circuit (Maryland, Virginia, West Virginia, North Carolina, and South Carolina) and around the country. Through their triumphs and challenges, these families help humanize the experiences of transgender youth and underscoring the importance of transgender children being able to go to school in an environment that is safe, welcoming, and does not treat them differently because of who they are.

For example, take M, a 15-year-old transgender girl, living in rural Virginia and former NCLR client (pictured above with her mother Amy).

After allowing M to use the girls’ restroom for a few weeks at the beginning of fourth grade, M’s school gave in to pressure from a few vocal parents and insisted that M use either the boys’ restroom or a single-user restroom. The school refused to see how harmful this policy was until they saw the potentially deadly consequences it could have. At the beginning of eighth grade, M’s school initiated a lockdown drill to prepare students for responding to an active-shooter situation. M was in physical education at the time and all the students were instructed to barricade themselves in their respective locker rooms, except for M. Her teachers initially instructed her to sit on the bleachers alone. Recognizing the potential danger that placed her in, they moved her to just outside the girls’ locker room and then, finally, allowed her to sit on the inside of the door to the girls’ locker room, still apart from her peers who were hiding deep inside the locker room.

The public outrage from that incident, combined with her mother’s tireless advocacy and behind-the-scenes support from NCLR, resulted in the school district changing its policies and treating M as a girl in all respects. Since the change in policy, M’s confidence has soared. She is a leader within the school community and able to be her full self at school.

The brief also offers the Court unique insights into other aspects of the lives of these families that are often not talked about from their struggles to reconcile their religious and political beliefs with their unconditional love for their child, coping with the loss of family and friends over the parent’s decision to support their child, or the painstaking process of parents setting aside their worries and anxieties to allow their child to flourish. Breathing life into the statistics about transgender youth, the brief demonstrates why courts across the country have consistently held that federal anti-discrimination law protects transgender youth from discrimination: any other interpretation would undermine the spirit and purpose of those laws, leaving vulnerable youth without the legal protection they need to fulfill their potential.

NCLR co-counseled with Cooley LLP and the Transgender Law Center to prepare and file this brief. We represented the following organizations: PFLAG, INC., Trans Youth Equality Foundation, Gender Spectrum, Gender Diversity, Campaign for Southern Equality, He She Ze and We, Side by Side, and Gender Benders.

If you would like to read the brief, click here.

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Beyond Equality: Combating Violence Against Trans Women of Color

On July 30th, a 15-year old trans girl was stabbed on a metro platform in Washington, D.C.

Though it has not yet been formally designated a hate crime, given the facts surrounding the incident, it seems clear that this young girl was attacked because of her gender identity. This is sadly the case for most violence against trans people, particularly trans women of color. While the victim of this horrendous crime is fortunately in stable condition, this is not the case for many of our sisters impacted by anti-trans violence. This week’s attack is the latest in a spate of attacksthat have claimedthe lives of too many transgender women of color, and more must be done to protect against this devastating violence.

In 2013, NCLR worked closely with Congress and the administration to reauthorize VAWA, the Violence Against Women Act, with the addition of explicit protections for LGBT victims of violence. This was a huge victory that, among other things, prohibits discrimination against transgender women seeking resources after domestic and intimate partner violence, including access to shelters. Discrimination against transgender women in services authorized by VAWA has been one of the most significant barriers to supporting victims of domestic and intimate partner violence in the LGBT community, and this crucial victory helps us to provide support and resources to those women who are at highest risk for this violence.

There have been several recent policy victories that will extend significant non-discrimination protections to transgender and gender nonconforming people. USDA published a new rule prohibiting discrimination on the basis of gender identity in all USDA-conducted programs and has partnered with NCLR on an outreach campaign to raise awareness of the needs of LGBT rural people. The Department of Labor recently issued guidance clarifying that discrimination based on gender identity is prohibited in DOL programs, including Job Corps and American Job Centers.

Unfortunately, these victories come in the midst of continued hate crimes and violence targeting and claiming the lives of young transgender women of color. This is not happening in a vacuum, and the fact that the overwhelming majority of violence directed at the LGBT community is targeting transgender women of color shows us how much more work must be done, not just for LGBT equality, but for racial justice, women’s equality, economic justice, immigrant rights, and for all the other intersections of the lives of these women. Legislation like VAWA is crucial, but in addition to support services, we need to dismantle the culture of violence that surrounds the lives of transgender women of color and undermine the chilling dehumanization that too often plays into these attacks. Legislative victories like these must be treated as a covenant with the next generation of transgender girls that we will work to ensure they are given the opportunity to grow into women without fear of violence or discrimination.

We must create a culture where transgender women of color are made to feel safe being who they are. In order to do this, we must speak out against voices that seek to misgender trans women and separate them from our communities. We must be vigilant against transphobia in our social networks, in our friend groups, and in our own language and lives.

NCLR believes that our greatest responsibility is to the most marginalized members of our community. We will continue to fight for the liberation of our entire community until we can all walk down the street, parent our children, go to work, and hold hands in public without fear of violence or discrimination. We must seek not simply equal rights, but the societal understanding that leads to the celebration of our love, of our differences, and of our lives.

 

 

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Two Years after DADT’s End, Work Remains to Ensure Transgender Servicemembers Can Serve Openly

DADT_RainbowTwo years ago today, on September 20, 2011, “Don’t Ask, Don’t Tell” was officially repealed. The discriminatory and stigmatizing 1994 policy that barred lesbian, gay, and bisexual servicemembers from serving openly in the military has had a damaging impact on the strength of the armed forces during one of the most dangerous military times in a generation.

As a result of DADT, more than 13,500 women and men were discharged from the military because of their sexual orientation. Alarmingly, of the 619 people discharged under DADT in 2008, 45 percent were people of color (who represent 30 percent of the military), and 34 percent were women (who make up only 14 percent).

The process to repeal this policy began in December 2010 when Congress passed a measure laying the groundwork for repeal, pending certification from the leaders of the Armed Forces that repeal would not compromise military readiness.

In response, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff certified in writing that they had reviewed the Pentagon’s report on the effects of DADT repeal and informed Congress that the Department of Defense had prepared the necessary policies and regulations to implement the repeal and those policies and regulations comported with military standards for readiness, effectiveness, unit cohesion, and military recruiting and retention.

In response to the end of this policy, President Obama remarked “no longer will tens of thousands of Americans in uniform be asked to live a lie, or look over their shoulder in order to serve the country that they love.”

Sadly, this is not yet true. Transgender servicemembers are still barred from open service in the military, perpetuating a stigma on transgender individuals and costing the Armed Forces strong and capable members who want to serve their country.

In order to truly animate the sentiment of the President’s words, crucial work is still needed to remove barriers to open transgender service. NCLR is proud to continue this fight and ensure that the policy governing servicemembers lives up to the principle held by servicemembers – that no one is left behind.

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Transgender Non-Discrimination Law Now in Effect in Massachusetts!

It’s hard to believe that many people think the law of the land already protects LGBT people from discrimination based on sexual orientation or gender identity. In reality, not only are there no federal protections regarding employment discrimination for the LGBT community, only 16 states and the District of Columbia have laws that explicitly prohibit discrimination on the basis of sexual orientation and gender identity. Without these crucial protections, the transgender community remains especially vulnerable to discrimination. According to a national survey on transgender discrimination, 90% of the respondents reported experiencing harassment, mistreatment, or discrimination on the job, or took actions like hiding their transgender identity to avoid it. The report also noted that an alarming 47% responded that they had either been fired, not hired, or denied a promotion because of being transgender or gender nonconforming. Additionally, 71% attempted to avoid discrimination by hiding their gender identity or delaying gender transition.

So it’s no small achievement that the Massachusetts Transgender Equal Rights Act went into effect on July 1, 2012. This monumental victory was only possible because of the work of countless advocates in Massachusetts, like the Massachusetts Transgender Political Coalition (MTPC) worked tirelessly to get this bill put into effect after it was first introduced five years ago.

According to Gunner Scott, Executive Director of MTPC, the bill has already made a difference in the lives of Massachusetts’ transgender community. Since its passage, discrimination complaints have almost quadrupled. This mirrors the trend for the 165 cities and counties in the country that have passed non-discrimination ordinances that include gender identity.  Complaints tend to rise following implementation of non-discrimination policies because individuals feel empowered and now have a mechanism to challenge unfair workplace discrimination.

We applaud this tremendous victory for the residents of Massachusetts and congratulate all of those individuals who fought to get this law passed.  We hope that the continued passage of state protections for the LGBT community will urge the federal government to pass similar legislation.

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Transgender Day of Remembrance: Honoring Lives Lost to Violence

By Jaan Williams

This year has been one of the most violent in recent history for the transgender community. Washington, D.C., where I live, in particular has witnessed the murders of two transgender women and violent attacks against at least six more since July. The severity of these attacks, including two incidents where off-duty D.C. police officers assaulted transgender women, has finally prompted widespread media coverage of violence against the transgender community. This coverage, and hard work by local advocates, has brought the issue to a flash point, forcing law enforcement, policymakers, and elected officials to address the rising levels of violence.

On Sunday, Nov. 20, Transgender Day of Remembrance, while we honor those we have lost in this senseless violence, we must also look forward. Remembering those who died prematurely is a tribute in itself, but there is also an opportunity to use their stories and lives to change the climate of violence.

This weekend also marks the anniversary of Lincoln’s famous Gettysburg Address. One hundred and forty eight years ago, he stood at the battlefield where the greatest number of lives had been lost and asked people to give meaning to the deaths of those that had died there—giving what he termed the “last full measure of devotion”—by finishing the work that they died advancing.

The people Lincoln described were soldiers; the victims of violence we remember today were not. And war between armies is obviously very different from the everyday lives of people who are simply walking home, going to the grocery store, to work or to visit friends when they are struck down in egregious acts of brutality. As we honor and give meaning to these deaths, we fight for the most simple and fundamental struggle of those in a marginalized community—to live our lives openly and freely without fear.

History remembers Gettysburg as a turning point in the war, and we have seen the tragedies of this year in D.C. begin to usher in a familiar sense of urgency to address and ultimately end this violence. The media attention generated by this  violence has given more weight to the efforts of local groups, like the D.C. Trans Coalition (DCTC), as they urge D.C. law enforcement and elected officials to end this violence, and as they encourage law enforcement to increase its efforts to solve violent crimes against transgender victims and address police bias and brutality.

Just last week, the White House convened a meeting of transgender activists and high-level White House staff to talk specifically about violence against the transgender community and the Administration’s role in keeping the community safe. A wide range of staff attended, including people focusing specifically on issues of racial justice and violence against women and women’s health. This indicates a profound and important understanding that violence in the transgender community must be understood as a women’s issue, it must be understood as a racial justice issue, and it must be understood as a fundamental threat to public health and safety.

The lives we remember today were tragically short. As we honor those we’ve lost, we must work to ensure they did not die in vain, and that the world, while it may little note nor long remember what we said here, will never forget them.

Learn more about Transgender Day of Remembrance.