Revised Ordinance Weakens the law and Endangers Transgender people

Mayor Matt Claman and members of the Municipal Assembly presented a revised version on Friday of the ordinance to amend Anchorage's nondiscrimination law to include Anchorage's lesbian, gay, bisexual, and transgender citizens from discrimination. Despite all of the second-guessing and speculation in the media, the language regarding gender identity and expression was not taken out of the ordinance. As written, lesbian, gay, bisexual, and transgender people will still be protected from discrimination in most cases of employment, housing, public accommodations, education, financial services, and municipal business.

 

HOWEVER, Equality Works is concerned that some of the amendments 

1) weaken the scope of the law as it currently stands by exempting small businesses with four or fewer employees, 

2) endanger the physical safety of members of our transgender community by making it legal to force them to use a bathroom that does not correspond to their gender identity/expression, and 

3) single out LGBT people as second class citizens without equal protection under the law by allowing churches to discriminate against LGBT in any situation, while other groups still remain protected in some situations.

 

We want to present our concerns and misgivings to you—as community members and supporters—and hope that you will provide us with feedback as to what you believe the final ordinance should look like.

 

Our thoughts on the changes:

 

1)      Redefining Who Can Discriminate

 

In Anchorage's current nondiscrimination codes, no business owner is exempt from having to abide by the law. However, in the most recent draft of the ordinance, "Employers" and "Public Accommodations" have been redefined to exclude home-based businesses employing no more than four persons. As drafted, exempted businesses would be able to discriminate against anyone they want, and on any basis—including age, sex, sexual orientation, race, color, nationality, disability, marital status, and religion. Written this way, Anchorage's employment discrimination laws would still be more stringent than federal law as stated in Title VII and many of the laws that exist in other cities. But it would weaken the local code that is currently on the books, potentially jeopardizing the rights of employment and public accommodation not only for lesbian, gay, bisexual, and transgender communities, but for women, people of color, and immigrants too, among other protected classes.

 

2)      Legislating Bathroom Use

 

Arguably the most problematic change to this ordinance is this statement: "The prohibition of discrimination based on sexual orientation imposed by this chapter does not apply to discrimination because of one's biological gender in matters such as access to restrooms…" In a nutshell, this means that members of the transgender/transsexual community can still be forced to use bathrooms that do not correspond to their gender identity/expression. [Editor's Note: the words "such as" imply that restrooms are only one example where transgender-based discrimination will be allowed.]

 

Why do we take issue with this amendment?

 

Because the inclusion of such language is intended to prevent a problem that does not exist. Despite the "information" being spread by opponents of this ordinance, none of the 108 cities and counties that passed non-discrimination laws inclusive of gender identity have ever reported a case in which anyone has claimed to be transgender in order to enter a restroom to commit a crime. To the contrary, transgender people are far more likely to be the victims of violence than those who identify with the gender they were assigned at birth. In a 2002 survey conducted by the San Francisco Human Rights Commission, nearly 50% of transgender respondents reported being harassed or assaulted in a public bathroom. (Yes, even in San Francisco.) Transgender individuals have an estimated 1 in 12 chance of being murdered vs. 1 in 18,000 for the average American. Forcing transgender individuals to use bathrooms that correspond to their biological sex rather than their gender identity/expression only increases those odds.

 

In short, we feel that excluding transgender people from the right to use the restroom in which they feel most safe and comfortable is not only unnecessary, but an irresponsible public policy choice that endangers lives. We sincerely hope that we can work with Mayor Claman and other Assembly members to create an ordinance that respects everyone's right to safe use of public restrooms and is based on facts rather than fiction and fear.

 

3)      Singling Out LGBT people

 

While we respect the rights of religious groups, institutions, organizations, etc. to make decisions regarding employment and accommodations based on their firmly held beliefs, the newly amended religious exemption treats lesbian, gay, bisexual, and transgender people as a special class. While churches are not allowed to discriminate on the basis of race, color, or sex when hiring a new janitor, they would be allowed to discriminate on the basis of sexual orientation. We believe that this new wording unnecessarily singles out LGBT people as second class citizens who are less worthy of consideration than other protected classes. Our state and U.S. Constitutions promise all citizens equal protection under the law. By treating LGBT people differently in any respect, the Municipality of Anchorage is in danger of violating that promise. 

 

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Equality Works is committed to working in good faith with Mayor Claman and other Assembly members to come up with a draft of the ordinance that sufficiently addresses the concerns outlined above. We want to hear your concerns and opinions, and hope that you will also share them with your Assembly members at the public hearing on June 9th.

Sex is between the legs, Gender is between the ears

[Editor's Note: April wrote this "modest proposal" essay in response to Ivan Moore's suggestion that we take protections for transgender people out of the ordinance. See In Support of a Transgender-inclusive Ordinance.]

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by April Rains

You don't wake up one morning and out of the blue decide that this is the day that your life has ended as the gender you were born as, and you now want to be known from here forward as the opposite sex, whether it be a male to female or a female to male. To begin to comprehend the concepts and defintions of "cross dresser", "transvestite", "transexual" and "transgender" is to push the contemporary limits and understanding of a host of social sciences, theories, definitions, and medical studies. Even among the minute collection of specialists in gender based areas, there is very little cohesion as to the cause and effect of who these groups of people come to be, and are, let alone how to "label" them within the common societal classifications we have come to know. While heterosexual, bisexual, homosexual, androgynous, and transsexual are commonly refered too, where and how do we fit those who cross all over these aspects of sex and gender? 

For eons and throughout cultures world wide, those who spanned the boundaries of gender were seen as ones who were granted special powers and status by the powers, gods, or beliefs held by those groups. They were seen as encompassing in some ways both genders, rather then one or the other, giving them the ability to comprehend life beyond the clearly defined boundaries of being either a male or female. The foundation of almost all creation myths, including the bible, refer back to an undefinable time when man and woman were one single entity and through some act, were seperated into two. Both Occidental and Oriental societies, symbolisms, and beliefs consistently refer back to this concept of one being, eventually divided into two. So why is it then so difficult and perverse for modern society to accept that what was held as something special then should be any different now? Do we not all come into this world as the result of a joining of a male and female, and is it so far reaching to believe that there are those who contain not one or the other, but both within the very core of who they may be genetically, physically, spiritually, socially and culturally? 

Is it fear bred from ignorance, hatred, bigotry, or just a lack of coming to accept that a unique group of people does exist in society. That by recognizing that they not only exist now, and have always existed, that it will throw the entire dualistic nature of our society and beliefs into chaos? Or is it the sex, advertising, and porno industries who have saturated us so much with imagery of "chicks with dicks", large hairy men in stretched out lacey women's underwear, or male prostitutes dressed up as woman, that we can only conclude that anyone who dresses or acts as the opposite sex is strictly doing it for money, sexual deviance and/or perversion? Or as in Anchorage with the Ordinance, is it the voices of a handfull of fanatics, and their need for fame, spotlight and acknowledgement by opposing the nature of reality as it really is in order to fill their coffers, congregations, and advance their hidden political agendas?

Or does it come down to the most simple yet complex issue of our understanding of "normal" and what it is? That those fanatics who see their own worlds and perspectives as "normal" are in fact the "abnormal" ones. Should we accept their own twisted views of what their "normal" is rather than truly celebrating and protecting the stunningly incredible beauty and endless diversity of the people we all share this planet with? How long shall we allow or acknowledge anyone who fights to limit, define, and destroy anyone or anything that alludes to the truth? That we are all born as equals and will all die as equals, and that what we should be striving for is to treat and protect each other as equals during our lifetime regardless of our own individual uniqueness.

To the same degree, the issue of whether anyone should remove the "T" from "LGBTA" in order to make the Ordinance pass easier is another disturbing aspect of being transgendered. To someone who is openly transgendered and a noted supporter and advocate of the entire acroynm of "LGBTA" and more, those who support such a move show as much ignorance and bigotry as those who oppose the ordinance. It comes across as "cleansing" to get rid of the "freaks" rather then an effort to understand those of us who are the "T", as much as the "GL" ask those who are opposed to homosexuality to understand them. 

If some are set on allowing the ordinance to protect just the "LGB", then they need to cleanse the Bisexuals from it as well, because they already have protection when they are with the opposite sex, or can pretend to be. Also get rid of the drag queens because most gay men prefer men, not men dressed or acting as women, and they can allude to money, sex, and perversion. Get rid of the Bears and Leather crowd because that can be seen as another act of perversion as well and will not make the ordinance "pure." As for the gays and lesbians, in order to truly help this ordinace pass as purely as possible, you need to start verifying that every single person who uses "G" or "L" is such and has never had a relationship with the opposite sex. Get notarized statements from everyone in their lives all the way back to the day of birth to fully confirm that those who are "G" and "L" have never had a thought of being sexual with, or in a relationship with, the opposite sex or gender. If it's purity you want from the ordinance, then start cleansing everyone who is not of pure homosexual blood from day one. In fact, require they have a "pride flag" tatoo on their body so you can identify them as pure "G & L" blood. Perhaps then, the Ordinance will pass with little fight, and you can finally live totally free of discrimination in Anchorage, while the rest of the unpure "LBGTA" family is led away, me and the transgendered people, where we are eventually denied our rights to housing, jobs and a happy life, and in turn, loaded onto buses, trains or driven off to other places so we don't disrupt the new-found "equality" under the Ordinance. Sound far-fetched? Maybe so ... 

Fire Victims say Thank You, Pride T-shirts on Sale, & SOSAnchorage.Net

Gay AK: Notes from LGBT Alaska

Congratulations to the people of New Hampshire, which became the 6th state in the U.S. to legalize same sex marriage.

Community pulls together for gay fire victims

The fundraiser for Garfield and Alvin, who lost their home in the Spenard fire on Memorial Day "was a HUGE success! We raised over $2,000 and received a number of gift cards," wrote Bear, the contact person for donations. "In addition, a 'ton' of items was brought in for them (small appliances, clothes, dishes, blankets, etc.) I still have people contacting me to help out. The latest is that a couple is giving them a large color tv. And there are others who are waiting until the guys get settled so that they can donate more household things. This whole project has been litteraly amazing!"

"Garfield and Alvin cannot believe how this turned out. They found a place to live on June 1st. They both are doing much better in the attitude department and are very appreciative of everything that everyone has done for them. They say that every day things are getting better." The men will sort through the donated items and decide what they can use and what they will pass on to other community members in need.

"Thank you all for your love and support of each other," added Mary Bess Bohall. "Together we made a huge impact with this fundraiser. Together we can make a huge impact for our community. Thank you to all."

PrideFest t-shirts on sale at the Center

The shirts for Anchorage PrideFest 2009 are on sale downtown at the Community Center. Check out the full calendar for the many wonderful Pride Week events! If you want to host an event, make sure you have contacted the Anchorage PrideFest committee. Vendor? Volunteer? Marching Unit? Find the information to participate in this year's activities on the LINKS tab of the website. We can't wait to join you on the Park Strip for a Celebration of Anchorage, The Last Queer Frontier!

Trans-inclusive nondiscrimination laws

As of July 2008, 13 states and the District of Columbia, and 108 cities & counties, have trans-inclusive nondiscrimination laws. A total of 39% of the U.S. population is covered by laws which ban discrimination on the basis of transgender/transsexual status, which the proposed Anchorage ordinance includes as "gender identity." Since May 2007, 51.8% of the U.S. population has been covered by state, county, and/or city laws banning discrimination on the basis of sexual orientation.

SOSAnchorage.Com vs. SOSAnchorage.Net

"The purpose of Anchorage Ordinance AO NO. 2009-64 is very simply stated and long overdue for our community; it extends protection from workplace discrimination to include sexual orientation. However, Rev. Jerry Prevo of the Anchorage Baptist Temple has vowed to strike down the ordinance, using all the powers of his congregation and bully pulpit. A website has emerged, www.sosanchorage.com, which highlights all the 'damage' that workplace equality will wreak upon our city. My fiance and I have erected a counter-website at www.sosanchorage.net to highlight the blatant falsehoods and misleading information. Please, check out sosanchorage.com to view the fearmongering, and then head over to sosanchorage.net and help us get the facts out! Tell your friends, and keep this going. June 9th is right around the corner."

Celebration of Change Art Show and Silver Anniversary Performance

The big 25th Anniversary Celebration of Change will be at the Wilda Marston Theater in Loussac Library, on June 13 at 7 p.m., and you can get a taste of Celebration this weekend at CoC's first Art Show! 

Everyone is invited to the free First Friday reception, 7-9 p.m. on June 5 at the Kodiak Bar and Grill, 225 E 5th Ave. The show features a variety of art work by female Alaskans and continues through June 29.

 

Don't miss the Celebration of Change Silver Anniversary performance. Celebrate over 20 years of community and women loving women. This show features familiar and fresh faces and includes music, dance, comedy and spoken word. The Radical Woman Award winner will be announced during the show. It will be a great night.  

Tickets are $15 and available at the GLCCA and Metro. Last year they had standing room only, so get your tickets early.

Celebration of Change is the annual fundraiser for Radical Arts for Women (RAW), a Lesbian and Feminist philanthropic organization that funds Alaskan women art projects. RAW also holds an annual Short Story contest. 

This Week in LGBT Alaska 6/5/09

The public hearing on the Anchorage equal rights Ordinance is Tuesday, June 9 in the Assembly Chambers, 1st floor of Loussac Library. Please be there by 4:30 p.m. and stay until the end. Wear blue, or your Equality Works button.

This week's LGBT events from the statewide newsletter (subscribe to Alaska GLBT News)

Fairbanks

Ask the UA Board of Regents to Amend the Non-Discrimination Policy, 6/4-6/5

Dance Your Heart Out: Country Western 2 step lessons & dancing 5/29, 7:30 p.m. $12/drop in. Bovee Studio, 1845 Caribou Way, off College Rd. RSVP to Judith

Juneau

SEAGLA Social Fridays (6-8 p.m.) for GLBT people and our friends over 21, at The Imperial Bar, downtown

Mat-Su Valley

Mat-Su LGBT Community Center in Palmer is open M-F 5-8 p.m. (except 6-8 on Wed.) The social group meets Wednesdays, 5-6 p.m. at Vagabond Blues. Harmony Choir meets at the Center on Thursdays, 6:30 p.m.

Anchorage

Would Jesus Discriminate? Town Hall meeting, prayer, potluck and panel 6/5, 6 p.m. at St. Mary's, on the corner of Tudor and Lake Otis

Celebration of Change Art Show 6/5, 7-9 p.m. First Friday reception at the Kodiak Bar and Grill.

Liz Collins' First Friday opening 6/6, 5-7 p.m. at Out North

Alaska Rainbows monthly dinner 6/6, 5 p.m. RSVP to Colleen

Assembly Hearing on the Equal Rights Ordinance 6/9, Loussac Library, arrive at 4 p.m. RSVP to Equality Works

Good for Communities. Good for the Economy. Good for Business.

Many of Anchorage's major employers have in place a non-discrimination policy that protects their lesbian, gay, bisexual and transgender (LGBT) employees.

These employers, like a majority of the Fortune 500 companies, understand that LGBT-inclusive non-discrimination policies help recruit and retain a more diverse, talented and productive work force. Updating Anchorage's non-discrimination laws would offer protections to thousands of workers, and these protections are good for our families and our economy. It's time for Anchorage to protect the diversity that makes our city great. 

Some of the biggest companies in Anchorage already include sexual orientation and gender identity in their nondiscrimination policies.

A Non Discrimination Ordinance: Good for Communities. Good for the Economy. Good for Business.

OfficeMax Celebrates Pride. Does Your Employer?

"OfficeMax Celebrates Gay, Lesbian, Bisexual & Transgender Pride Month: Embracing Inclusion" reads the rainbow poster displayed in the break room of the OfficeMax store on Penland Parkway in Anchorage.

"My company OfficeMax made this June LGBT Pride Month!" enthused Chris Oeser on the Anchorage PrideFest's Facebook wall. "I am so proud to work there! What a good company!"

Chris, who is running for Mr. Gay Anchorage, asked his employer for this show of support.

"I called the corporate office and put in a suggestion on how to be more diverse and more work friendly for the month of June. Our work is all about cultural diversity and working inclusive with each other, and they pride themselves on doing that. I am so proud to work for a company who promotes LGBT Pride and has a clear view on how different we really are but at the same time appreciates us."

On June 1, President Obama proclaimed June 2009 as LGBT Pride Month and declared his support for "achieving equal justice under law for LGBT Americans." Many cities and states also proclaim Pride Month or Pride Day, including Anchorage.

OfficeMax is one of many corporations that supports diversity at the national level and has branches in Alaska. Employers in Alaska like BP, Wells Fargo, UPS, Alaska Airlines, AT&T and J.C. Penney scored 100% on HRC's Corporate Equality Index. But do these companies openly support diversity in the local stores?

You tell me - Do you work for a local branch of a company that supports diversity at the national level? Do they also support diversity at the local level? Do they celebrate June as LGBT Pride Month?

If not, take a cue from Chris and suggest that your employer celebrate Pride Month here in Alaska. 

If they agree, or already recognize Pride, please send the company name to Bent Alaska. I'll post a list of local stores and branches that celebrate LGBT Pride. The first national company on the new "Pride at Work in Alaska" list is OfficeMax. Congratulations!

Who is next? Show pride in those diversity policies, and show the people of this city and state what many corporations already know - that support for diversity is good business!