It’s been a
difficult few weeks for the LGBT community — ever since Congressional leaders
introduced a stripped-down version of the federal Employment Non-Discrimination
Act (ENDA), unleashing a storm of disappointment, outrage and soul-searching
among our communities.
But perhaps in
facing down adversity we begin to realize who we really are. What I’ve realized
in these past few weeks is that the lesbian, gay, bisexual and transgender
community, while comprised of so many different groups and interests, is
stronger than ever. Though we may take different views on issues, as some of us
have regarding this important legislation, we are hardly fractured (as a few
columnists might like to believe). We are standing tall as a powerful force for
civil rights in this country.
A brief recap
of the past few weeks: Congressional leaders, afraid they would not have enough
votes for an inclusive ENDA, stripped out protections for transgender people
that this bill sought to provide. Groups, including Lambda Legal, swiftly
protested, making clear that a bill that did not protect all of us would be
unacceptable.
Lambda Legal
then released an analysis of the bill showing that there were a number of
loopholes that made the new version of the bill inadequately protective even
for lesbian, gay and bisexual people.
Four other major LGBT legal organizations joined Lambda Legal and issued
a joint statement expanding upon our analysis of the bill. We explained that by
deleting the previously-included ban on discrimination based on gender identity
and expression, House leaders severely weakened protections that would have
been provided for lesbians, gay men, and bisexuals who may not conform to common
stereotypes of what it means to be male or female in our society. We and the
other four major LGBT legal organizations all joined more than 150
organizations calling for an inclusive employment nondiscrimination bill. I've been heartened to see so many people
realize that, when one part of the community is harmed, it affects us all.
When we
decided at Lambda Legal to expressly add the rights of transgender people to
our mission statement, it was not simply lip service. We recognized that
diversity was a strength, not a deficit, and that, as our ranks grew, our work
and our impact would continue to broaden.
We had also
been fighting — and continue to fight — discrimination based on gender identity
in cases involving identity documents, access to medical treatment and
employment. Through this work we have come to see the inextricable links
between discrimination based on sexual orientation, gender identity and sex
stereotypes. Truth is, we are all "gender non-conforming" in that we
break gender stereotypes about relationships and identity. We have been fighting from the beginning for
the right to be ourselves and live without discrimination based on stereotypes
that we be or act like something else.
Any time we
parse out rights based on one characteristic, too many people fall through the
cracks. As my colleague H. Alexander Robinson, director of the National Black
Justice Coalition, recently pointed out, during the Black Civil Rights
movement, rights came incrementally but they were extended to everyone.
Members of the
LGBT community are feeling strong emotions now — angry, energized,
inspired. I hope we keep our eyes on
the prize and direct our energy at our representatives in Congress who will
vote either to uphold or deny our rights.
Congress must
pass strong protection against employment discrimination to all lesbians, gay
men, bisexuals and transgender people. We cannot compromise and accept a
version of ENDA that does not protect people from both sexual orientation
discrimination and discrimination based on gender identity and expression. If a
narrower law were enacted, it would leave behind some who are most in need of
protection against discrimination and would hinder our legal work on behalf of
victims of workplace discrimination. Standing up for an inclusive law may make
the fight tougher at the moment, but in the end we will all be stronger for it.