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Jun 20th, 2008
Posted by Chris Hampton, LGBT Project at 4:21pm

Rachel Maddow: Pride and the LGBT Landscape

In her contribution to the ACLU's online symposium in celebration of LGBT Pride, Rachel Maddow, Air America host and MSNBC commentator, talked to Chris Hampton, Public Education Associate for the ACLU's LGBT Project.

Happy Pride! What accomplishments do you think the LGBT community should be most proud of this year?

So far the state where I grew up (California) and the state where I live (Massachusetts) and the state where I work most of the time (New York) have legalized, legalized, and agreed-to-recognize-other-states’ same-sex-marriages, respectively. I am accepting applications now from other states that want me to relocate, since apparently I am to second-class gay citizenship what Saint Patrick was to snakes.

What are some of the issues your listeners tell you are most impacting the lives of LGBT people right now?

LGBT people that I hear from are mad about the same things as everyone — the war, the Constitution, gas prices, health care. We’re just also mad that Democrats think we’re politically disposable.

Marriages for lesbian and gay couples in California start this week, although that state now faces a ballot initiative that may take it all away. You live in Massachusetts, where couples have had that right for four years now. What would you tell people in California they should do to hold on to that victory?

The anti-gay-marriage movement in California, as it was in Massachusetts, is ideologically splintered, poorly organized, unpopular, inexperienced, intellectually incoherent and therefore fundamentally vulnerable. But they won’t go away on their own. Oppose them directly. Confront their message, their tactics, and their organization — they’re utterly beatable, but they can’t (and shouldn’t) be ignored.

Tags: LGBT Symposium

Jun 20th, 2008
Posted by Rebecca Shore, LGBT Project at 3:33pm

Rebecca Shore: Celebrating My Mom's Wedding

Rebecca Shore is a staff attorney for the ACLU's LGBT Project.

My mom is getting married today in San Francisco. In this age of multiple marriages and divorces, the fact that my mom is remarrying, while exciting, is probably not the subject of a blog posting. But for my mom, who is gay, her wedding in California is more than exciting; it's historic.

My mom and her partner have been together since I was 15 years old. For almost 20 years, they have loved each other, lived together, shared each other's lives, friends, families and pets, bought houses and cars together, cried at each other's hurts, and exulted in each other's joys. My mom's partner has been a grandmother to my daughter, and my mom has loved her partner's grandchildren. In other words, they have been a family.

But also for those 20 years, I have watched as my mom experienced unequal treatment, intolerance, and sometimes prejudice because she is gay. I shared her anger at politicians and government leaders who have tried to legitimize discrimination against gay people, and cried with her when her 2004 San Francisco marriage license was invalidated by the California Supreme Court. And, with each insult and hurt, I have seen her fight back for equality and acceptance for everyone, within the San Francisco Bay Area where she and her partner live, and with her work with the senior LGBT community.

My mom and her partner cheered, danced, and celebrated at my wedding in San Francisco in June 2003, as any kvelling mom would. During my mom's toast, she announced that she and her partner should get married as well, so that they too could have such a celebration. At the time — which was before the Massachusetts marriage decision — her statement saddened me as I realized that my mom and her partner would probably never marry. Yes, they could have a commitment ceremony, or register as a domestic partners, but, given the current political landscape, it was hard to believe that they would ever be permitted to get “married.”

Five years later, gay couples are getting married in Massachusetts and California, and their marriages are being recognized in even more states. It has been a hard struggle, but slowly and surely, the country is acknowledging that gay couples deserve the same ability to express their love and commitment, and be married.

So now I can cheer, dance, and celebrate at my mom's wedding just as she and her partner did at mine. Today is not solely about my mom and her partner expressing their commitment to each other — they have done that for 20 years. My mom's wedding today is a recognition that she and her partner's relationship is just as special and just as real as everyone else's relationship.

Mazel Tov, Mommy and Lila. Matt, Sarah, and I are so proud of you and are overjoyed to celebrate your wedding, marriage and love.

Tags: LGBT Symposium

Jun 20th, 2008
Posted by Ian Thompson, ACLU at 2:49pm

Ian Thompson: This is Who I Am

Growing up in a working class community just north of Pittsburgh, Pennsylvania, I, like many other gay men and lesbians, knew at a very early age that I was “different” in some way that I could not quite put my finger on. It wasn’t until about 6th grade that I began connecting the dots. Sound familiar?

I won’t lie and say that those first few early years of trying to wrap my head around what being gay meant were easy. At that age, you really do just want to fit in. It isn’t until college that marching to the beat of a different drummer really is considered cool (maybe by then people just don’t care). Nevertheless, there was no changing who I was, and even during those first confusing years, I really didn’t want to.

I was lucky enough to grow up in a household with parents and a sister who I knew would always be there for me no matter what. I can’t really say enough about how just knowing that can put you at ease. Being raised by two people who care passionately about issues of social justice and civil rights also helped.

When I did eventually come out and tell my family what was by then a long accepted part of my own identity, they were indeed there for me (as I always knew they would be in the back of my mind). Today, my dad keeps me in the loop about the latest goings on about gay rights issues back home in Pennsylvania. I’m sure pride parades can’t be too far off!

I know this is not the reality that many lesbian, gay, bisexual and transgender people are lucky enough to experience growing up. There are some people who feel it best to keep that part of themselves permanently tucked away out of fear of the reactions from those closest to them.

As someone who works for the ACLU, I should probably spend this time urging you to join the efforts to secure full marriage equality for the many committed and loving couples who currently lack the protections others take for granted or encourage you to contact your members of Congress about FINALLY passing the Employment Non-Discrimination Act. For the record, I do encourage you to do those things. But there is something much simpler that can be done by each and every one of us that does not require legislative action or groundbreaking court decisions – simply work to create a society where lesbian, gay, bisexual and transgender people can live their lives in the open and with the support and love of those closest to them.

We’ve made really fantastic progress in the four decades since the Stonewall Riots, and it would not have been possible without the many untold numbers of LGBT people stepping forth and saying “This is who I am.”

It really is amazing how simply being a supportive father, sister, aunt, grandmother, friend, roommate, co-worker, etc. can matter. It made all the difference for me.

Tags: LGBT Symposium

Jun 20th, 2008
Posted by Melissa McEwan, Shakesville at 1:09pm

Melissa McEwan: I Want All These Things for Him

My best friend is a gay man.

When I was 15, there only needed to be one other person in a high school of 3,000 who carried a copy of Camus' The Stranger under his arm and knew down to his bones what I am the son and the heir of a shyness that is criminally vulgar really means to make the world perfect, and I found him, or he found me, and so it was.

Two peas in a pod, attached at the hip, like-minded misfits in mail-order t-shirts and Doc Martens, whose collective nirvana was making light-headed pilgrimages to Wax Trax records to browse their dusty bins for long-awaited releases or rare bootlegs, shuffling among the other angsty shoegazers there for the same purpose. We dyed our hair and graffitied our leather jackets with images of the deities—The Smiths, The Cure, Siouxsie. Our tribe. We staked out our place among them and locked arms.

The world, or rather finding our places in it, has gotten a lot more complicated since then, but navigating it together makes it infinitely easier, because he is the kind of friend that everyone should be fortunate enough to have. He has seen me at my absolute worst—embarrassing, shameful stuff; he has known me to be stubborn, hurtful, uncompromising, inconsiderate, irrational. He has known me to lie. Some of it was directed at him. Some of it caused huge fights. And he has, graciously, forgiven me every time, because he made our friendship worth earning his forgiveness.

He has also seen me at my best, which, in the weird way of the criminally shy, is sometimes even harder for me to fully share than my worst. But he knows my heart truly, in the way few people do.

I have seen him at his worst and his best, too.

Our intertwined lives have left me with indelible memories of all the things we've done as a duo—writing an underground paper together, writing a shitty screenplay together, making silly movies together, living together, working together, vacationing together, attending innumerable concerts together, celebrating our 9-days-apart birthdays, seeing thousands of films, getting drunk, doing drugs, hanging out, wasting time, spending nights talking 'til dawn, laughing until we are gasping for air and swearing we shall never recover.

And then there's the stuff that happened to us individually, for which the other stood by, cheering for triumphs and helping pick up the pieces after disasters. The 18 years, more than half our lives, we've spent as confidants, conspirators, and comrades have, after all, spanned the years during which we stumbled along the uneven path toward adulthood—and it's a path along which he came out, I was raped, and both of us fell in and out of love, sometimes in spectacularly heartbreaking fashion.

I was married and divorced young. He was my best man at my wedding, and the only person in whom I could totally confide when my marriage really began to fail, making him the best man at my divorce, too. I swore off marriage—but when I met and fell in love with a Scotsman, and our being together depended on getting that piece of paper, my best friend was there to go out with us for burgers after our 10-minute ceremony at the courthouse.

Someday, I would like to be his Matron of Honor.

Or his Best Woman. Whatever he wants to call me.

I want to help plan his bachelor party; I want to organize a shower; I want to help plan the most beautiful, elaborate, over-the-top wedding extravaganza or the trip to the courthouse or whatever he wants in between. I want to see him stand beside a man that he loves, as I've been able to do, and have their relationship legally recognized. I want to see him kiss the groom, lingeringly and lovingly. I want to give a toast at the reception where I announce that I can already feel his gay marriage undermining the sanctity of mine, and watch him laugh while he snuggles in against his new husband's shoulder.

I want all these things for him. And there's no reason, not a one, why he shouldn't have them. Which is why I'm going to keep on working my one little teaspoon to do whatever I can to make sure he does.

I wasn't sure how I was going to end this piece, but my dear best friend—who doesn't even know that I'm writing it, and who recently ended a long-term relationship—just now, as I wrote, serendipitously sent me the following e-card:

"Just a reminder..... ;-)" he added, and signed it "Chewbacca."

I'm working on it, doll.

Tags: LGBT Symposium

Jun 20th, 2008
Posted by Donna Rose, donnarose.com at 12:55pm

Donna Rose: Pride — A Transgender Perspective

At first glance I’m pretty unremarkable. I’m a middle-aged woman, and a single parent to a 22-year-old son. I was divorced after a marriage of almost 20 years. I have a successful career as an IT consultant for Fortune 500 companies. I havetwo dogs, I rent a home, I enjoy photography and music, and I live paycheck to paycheck just like millions of other Americans.

The thing that makes me unique is that I’m transsexual. More specifically, I’m a transsexual woman. My path to womanhood was admittedly “untraditional” and arguably a bit more difficult than most, but somehow that seems to make it all the more valuable to me. That single fact about me doesn’t make me better or worse than anyone else. It doesn’t make me more or less worthy of basic human rights. It doesn’t define me. Unfortunately, there is a world of people that choose to disagree.

Some labels become defining labels in that they trump all the others. Somehow, the moment that others learn about my unique pedigree all those other important facts about me and my life seem to get called into question, or forgotten altogether. Even more disturbing, however, is the fact that to acknowledge that single fact about myself is to forfeit basic human rights that most take for granted in this country. Suddenly, I can be fired from my job for no reason related to job performance. I can be denied housing, and health insurance. I can become the target of harassment or violence at the hands of those who choose to hate and may very well get away with it. How can that possibly happen in this day and age? Simple. Prejudice, Ignorance, Discrimination — all are alive and well in the 21st century and those who challenge gender norms often pay a horrific price because of it.

I, like many transgender people, simply want to livemy life and to be left alone. I consider my transgender journey to be a pursuit of self-fulfillment and happiness more than a journey specifically about gender. In that context, it’s a much more universally human journey than many seem to want to acknowledge in that my gender is simply the pathway, not the destination itself. Still, I refuse to live my life trapped by fear of discovery or satisfied with the table scraps that others would force me and people like me to accept. I refuse to reduce the scope of my life to fit the comfort levels of others, or to accept that other people’s fears somehow require me to expect less out of my own life.

How does all of this happen? It starts the minute you’re born. I doubt that many people stop to consider that the single-most defining moment of their lives happens just a few minutes after birth. After a simple visual inspection of a newborn’s genitals the doctor will make a seemingly obvious pronouncement that this child is a boy baby or a girl baby. At that moment, the child unknowingly inherits a suffocating burden comprised of all expectations, roles, and obligations associated with their assigned gender. Any number of life paths open up to the child. Any number of opportunities become available. Any number realities become possible. Sadly, at the same time, any number of other doors close, and other life paths become unavailable.

To be transgender is to reclaim gender-based rights and opportunities forfeited at birth. It is to acknowledge that our human conditions don’t always lend themselves to a rigid binary, and to question things that few rarely question. The fact that the answers to our questioning may lead us to unconventional territory doesn’t make them any less valid. It simply makes them more difficult to accept. None of us chose to be the way we are. All any of us can choose is what we do about it.

It should come as no surprise to anyone reading this that our culture is uncomfortable with anything that is perceived to challenge even the simplest of sexuality or gender norms. Society is not kind to those who cannot or will not fit into the neat, little binary boxes of “man” and “woman” that it has defined. In an effort to restore its comfort level it severely punishes those that it identifies as gender transgressors. The GLBT community bears the brunt of these harsh, sometimes fatal, realities.

Over the course of the last decade society has become more comfortable and accepting of GLB lives. They are featured in mainstream television. They have become part of the fabric of our society. They have slowly come out of the shadows to demand recognition. It has been a difficult journey, but as with any marginalized group the march towardsEquality and respect is one where rights are demanded and taken, not given freely. Unfortunately, transgender and gender variant people are not as far along in that journey and are only now finding their voices and are demanding to be heard.

Many transgender people continue to live in the darkest corners of the closet where stigmas of mental illness, moral corruption, weakness of character, and other destructive shackles are sometimes impossible to escape. Part of our journey is the realization that none of these things is inherent in being transgender and, in fact, that ours is a journey more characterized by courage, dedication, and authenticity than by pathology. Many of us have been working to correct outdated stereotypes about who and what we are, but progress is admittedly slow.

For marginalized communities, the concept of Entitlement as it relates to rights is critically important. The belief that you as an individual, or as a member of a marginalized group, are worthy of receiving basic human rights is a critical component of actually demanding to receive them, or more importantly, of standing up to take them. The process of moving out of the shadow of shame into the light of promise is far more difficult than it sounds, but it is one that is characterized by gradual recognition that you actually deserve the same rights as everyone else. In a word, you deserve Equality.

The transgender community is a cross-section of society itself. We are not sad, sorry, pathetic, confused people looking for pity or scorn. We are not ashamed of the fact that we’re different and, in fact, are learning more and more to appreciate that in ourselves. We are learning that dignity and self-respect are not automatically forfeited by being transgender, and that nobody can take those things from us unless we give them away.

The transgender community is maturing at a rapid pace. It has demonstrated its resiliency and is demanding its rightful place at the table of Equality. The barriers of discomfort and ignorance still remain, but there are those of us who have dedicated our lives to lowering them. How? Through education. By humanizing ourselves. By telling our stories. By sharing our challenges. By rolling up our sleeves and doing the heavy lifting that cultural change requires. By making friends and allies who realize, as we do, that there is no such thing as levels of Equality. There is Equality, and there is something less.

Many of us face a daily assault of indignities on our personhood. We continue to face challenges in workplaces, schools, places of worship, and in broader society. We struggle with isolation as we lose friends and family who chose to distance themselves from us. We struggle with issues related to health care, personal documentation, support for our youth, and harassment and violence against us. The challenges we face by not necessarily fitting into a neat little box continue to make life far more difficult than it needs to be for many of us. That needs to change.

Pride month is a time to celebrate who and what we are. It is recognition of the broad tapestry of the human condition, and a time when difference is appreciated, not a source of shame. Many of us are participating in Pride for the first time, and I expect more and more of us will be joining in the coming years. And, when full equality for ALL our brothers and sisters becomes a reality, we will be there to share in the celebration. That will be a day many of us never imagined we’d see. That’s what makes it a day worth spending a lifetime to achieve.

Tags: LGBT Symposium

Jun 20th, 2008
Posted by Mike Rogers, PageOneQ.com at 11:57am

Mike Rogers: Yesterday's Coat, Today's Suit

There are times during the day filmmakers refer to as the ‘magic hour.’ It’s when the natural light that make a great film come together. With the levels of white light lowered, the colors on film are warm and the result is, well, magical. The majesty of the Jefferson Memorial, coupled with the reflection of the sun off of the Tidal Basin and that perfect moment of magic hour light during the right time of year, is a tribute to the brilliance of Jefferson. Like the sun, the third president’s glow has helped to light the path to justice for generations and will continue to for generations.

From one of four walls within the memorial:

I am not an advocate for frequent changes in laws and constitutions. But laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.
Jefferson got it. He got it better than those that would turn back the clock of time on us today. So, what does the boy’s coat and today’s struggle for marriage equality have in common? Suits.

Lawsuits in the courts have long been a place for the LGBT community to seek equality. While many point to the legislative and executive branches as more reflective of the electorate, it’s not true. The Mid 19th century populist movement changed appointed to elected judges in many jurisdictions. “Judicial activism” is no more or less “activist” than a legislature passing a law or a governor making a pro-gay decision.

Keep the old, ill-fitting coat?

A national coalition of the nation’s best known civil rights groups (including the ACLU) has turned to the couples married in California to say, “don’t’ sue” back in their home states. Some will argue that, in many cases, rights are won in courts and that despite what will be some losses, overall lawsuits and judicial redress are to be seized upon. Others say, “not so fast.”

Who’s right? Everyone.

But make no mistake about it. Without the proper support behind the scenes, the movement’s rate of success will slow significantly.  Consider the story of Rosa Parks. Remember how one day just simply fed up with being told to move to the back of the bus said “no”?

Well, actually that is not how it happened. Behind the scenes, Rosa Parks was a lot more connected than most people know. She served as secretary of the Montgomery, Alabama NAACP chapter, of which she was a member from 1943 through 1957.  In the summer of 1955, just months before the boycott later the same year, Parks spent time at the Highlander Center, the south’s most important organization dedicated to progressive training and movement building.

Newly married couples would be wise to consider the groups’ advice before moving ahead without the massive legal efforts these cases require. This is not one you want to leave to the guy who was your counsel in a small claims court over the crappy paint job on your car.

The strategy that these groups have been managing is working. We’re winning. Sure, along the way battles are lost here and there. And, when it gets to the Supreme Court may even rule against us the first time (Remember Bowers v. Hardwick?), but within a generation a new Court will, I predict, do exactly what the Court did in Loving v. VA, give a quick “ta-ta, buh-bye” to every one of the state constitutional amendments. At least we don't have to pick up arms and REALLY lay it on the line for equality -- legislators, businesses, governors, public opinion and, yes, the courts are doing that.

Marriage has never been “my” issue, per se, yet one could easily argue that it is one of the most central issues in our movement, EVER. It's the equalization of the very institutions from which gays have for so long been excluded that will do a lot more to change society than a piece of legislation could ever do. Equality is the prize at the end of the culture war and I want us fighting on every front.

The game is too important. Let’s keep our eyes on the prize. Let’s not drop the ball.

Tags: LGBT Symposium

Jun 20th, 2008
Posted by Christopher Durang at 10:02am

Christopher Durang: Struggling in 1967 with Being Gay

Christopher Durang is an acclaimed playwright whose works, including Beyond Therapy and Sister Mary Ignatius Explains It All For You, have been produced on and off-Broadway, around the country and abroad. In his contribution to the ACLU's online symposium in celebration of LGBT Pride, Christopher reflects on his experience coming out of the closet and how one can find acceptance in the most unexpected of places.

In April I was given an award at the William Inge Playwriting Festival in Independence, Kansas. And in my acceptance speech I had the “normal” opportunity to thank and acknowledge my partner of 22 years, John Augustine. And to feel the approval and acceptance of the large audience listening to my acknowledging our relationship.

Of course, I am in theatre, where people tend to be accepting, and which is one of the areas a bit ahead of the curve of general societal change.

Though really enormous change has happened.

And receiving this award, and feeling the affection for me and for my partner from the audience of theatre professionals, college students and local Independence residents (almost entirely straight), I was struck by the acceptance I was receiving in juxtaposition to what was experienced by the man in whose name this honor was given.

William Inge was a famous and successful playwright in the 1950s. His name was usually said in the same breath as Tennessee Williams and Arthur Miller. (And as a child interested in theatre, I very much knew who he was.) His plays were successful hits, as well as critically praised. In a row he wrote Come Back, Little Sheba, Picnic (winning the Pulitzer Prize), Bus Stop, and Dark at the Top of the Stairs. He also won an Oscar for his original screenplay for Splendor in the Grass. He was also gay, and closeted, certainly in his conservative home town of Independence, Kansas. He also committed suicide in 1973, at the age of 60.

At his death, he was feeling despondent about his writing, but listening to his biographer Ralph Voss discuss his life while I was at the Festival, it’s hard not to think that his conflicted feelings about being gay didn’t help his feelings of despair. He befriended Tennessee Williams early in both of their writing careers. But as Voss said, Inge did not seek out the relationships that Williams did, nor the “filling the loneliness” one night stands either. It sounds like society and his family’s and his town’s views on homosexuality were ingrained in him.

Of course, he was born in 1913. (Williams in 1911.) And I was born in 1949. Though in my teen years, gay stuff still seemed as condemned as it did in Inge’s youth. And when I was at college, no one was open about being gay, and “coming out” wasn’t even a phrase at the time.

And I remember seeing a psychologist my sophomore year in college because I had been depressed. (I didn’t know at the time, but I was depressed because I had looked at the way my family’s struggle with alcoholism stopped any problem from ever being solved. I started to view the world that way. Very overwhelming to move ahead when you feel every action is doomed.)

Anyway, I met this therapist my mother had heard of, and in my meeting with him, I acknowledged that I had just had my first full gay experience at college. And he said, “I’m not surprised,” meaning I think that he felt I seemed softer than Sugar Ray Robinson, and thus my being gay was a likely guess. Though he then went on to tell me that no homosexual could ever be happy. His name was “Mr. Stadech,” but “Stadech” was pronounced “static.” He indeed filled my head with a lot of static.

But I was so much luckier than the talented Mr. Inge. I eventually sought out another therapist back at Harvard where they offered free psychological counseling. (Which was offered if you passed the “are you troubled enough?” interview given by a social worker; which I did, lol. My social worker said “You’re depressed!” Which I hadn’t realized).

Anyway, I’m almost embarrassed to say that I went to the therapist with the desire to be straight, I said. I liked women as companions, and I thought I’d be doomed to unhappiness because I didn’t know any happy homosexuals, and the church, and society and Mr. Static said you were doomed to be unhappy and neurotic if you “gave in” to this.

Wow, I lucked out with the psychologist I found at Harvard. He was close to my age…he was in training, in his late 20s. He was married and straight. He dutifully counseled me on trying to be straight. But after I had had a couple of “slips,” and in the middle of a session where I was beating myself up over having a crush on this quiet young guy I was getting to know in the dining hall, he interrupted my anger at myself and said: “Well for whatever reason, you are blocked in your feelings for women. But isn’t it better that you have feelings for someone rather than no one?”

My harangue against myself stopped cold. I was struck with his logic, and also the very important logic that human connection, including sexuality, is of value, period. It’s better than being some shut down, bitter person sitting up in a tower, no? The fact it was a straight man saying this to me, in 1970, carried enormous weight. It seemed logical. And it was also kind and empathetic of him to be open to that reasoning.

(His comment in a way reminds me of the great Tennessee Williams saying in Night of the Iguana: “Nothing human disgusts me, Mr. Shannon, unless it’s unkind, violent.”)

In 1971 I went to Yale School of Drama. I never “came out,” but in the world of theatre at least if you didn’t date women, and tended to hang out with the same guy all the time, they just assumed you were gay. And theywere, frankly, accepting of it. Later I got better at just admitting it.

And so I didn’t shut myself off from relationships or sexuality. Life has its ups and downs. But at least I wasn’t solitary and isolated out of shame and “static.”

And I thought of this when I acknowledged my partner in front of a full theatre in the home town of William Inge, winning an honor named for him. He deserved to be happier than he was.

But thanks to everyone over the decades who has been honest and fought for acceptance, those of us who followed have been happier. And still more acceptance and right to happiness, and to love who we want — these will continue to follow.

Tags: LGBT Symposium

Jun 19th, 2008
Posted by Paul Cates, LGBT Project at 2:54pm

Paul Cates: A Sober Reminder Why We're Still Marching

With all the excitement around lesbian and gay couples marrying in California, it’s easy to forget that really horrible things continue to happen to LGBT people around the country. Yesterday the ACLU filed a lawsuit that shows how much hard work we still have to do.

We are representing Kaylee Seals, a transgender truck driver who was fired from her job at Old Dominion Freight Lines for "impersonating a female." To add insult to injury, Kaylee was still dressing and presenting as a male while working at Old Dominion at the time she was fired.

In November 2005, Kaylee, who had been given awards for good service and safe driving, was sent from Morristown, TN, to Jacksonville, FL. When she arrived in Jacksonville, a dispatcher there gave her a voucher to spend the night in a nearby motel. She had other deliveries to make in Florida, and after each shift, she would return to Jacksonville. On her last day there, a different manager at the company started harassing Kaylee about the vouchers. According to him, male employees were supposed to stay in a company bunk house. Kaylee was dressed in gender neutral clothing (sweat pants and a sweat shirt), but this manager began aggressively questioning Kaylee about her sex and her appearance. Although Kaylee had been unaware that the bunk house was even still operational, Kaylee readily agreed to stay in there for the last night of her trip.

When she got back to her home in Knoxville, Kaylee told a supervisorwho she trusted about the incident in Florida. During this conversation, Kaylee let the supervisor know that she had been diagnosed with Gender Identity Disorder and intended to complete the transition to female. Shortly after this conversation, Kaylee was summoned to a meeting with the supervisor and other managers at the company. At this meeting, an Old Dominion manager, noting Kaylee’s “feminine voice” and the fact that Kaylee wore jewelry, accused Kaylee of imitating a woman in order to be able to stay in the motel. The supervisor then terminated Kaylee, claiming that Kaylee’s actions violated company policy.

It turns out Kaylee wasn’t the only offender of this alleged policy. The EEOC did an extensive investigation into the case and learned that four other men were also given vouchers, but they weren’t punished at all. Although the EEOC only finds reasonable cause in five to six percent of its investigations, it concluded that there was reasonable cause to believe that Old Dominion discriminated against Kaylee based on sex and sex stereotyping.

While it would be nice if companies recognized on their own that employees should be judged on their work, not whether or not they fall into traditional gender roles, there’s no question that lawsuits help to remind companies that there are serious consequences to treating employees unfairly. The lawsuit filed Wednesday by the ACLU charges that Old Dominion illegally discriminated against Kaylee based on sex and sex stereotyping.

But no jury award could ever compensate Kaylee for the pain she suffered. After she was fired, she became severely depressed and was house-bound for three months. She has since gotten back on her feet and found a new job. But she’s making only a fraction of what she used to make. She’s been living as a woman for over a year now, but surgery will have to wait. It’s expensive and she’s still trying to recover from the loss of income.

Next week another ACLU client, Diane Schroer, is scheduled to testify before Congress about the need for a federal law protecting against transgender discrimination. This hearing will be the first time a transgender person has ever been invited to testify. While both Diane and Kaylee have brought lawsuits seeking protection based on Title VII’s prohibition against sex discrimination, it’s time for Congress to send a loud and clear message to all employers that transgender discrimination has no place in the workplace. Transgender workers need to be able to make a living and support themselves just like everyone else.

Tags: LGBT Symposium

Jun 19th, 2008
Posted by Tedra Osell, Bitch Ph.D. at 2:03pm

Tedra Osell: How the Gays Taught Me to Stop Worrying and Love Marriage

Tedra Osell blogs at Bitch Ph.D., where she muses on feminism, motherhood, academia and more. In her contribution to the ACLU's online symposium in celebration of LGBT Pride, Tedra discusses how LGBT people and their relationships have strengthened her relationships, marriage and family.

I think I pretty much owe my straight-suburban-married-housewife-with-one kid-life to the gays.

Reason one: my husband and I met when I was 18. We went to different colleges. The only way I would agree to "date" him was if he would agree that we could date other people. The more so since he was uber Catholic (and you know what that means), and I was gonna be damned if I was gonna swear off sex for a long-distance relationship at the age of 18.

Not that non-exclusive l-d relationships are *entirely* the province of homos. But you have to admit that the idea of having a Serious Relationship with someone while being free to fuck around with other someone is a li'l more commonly associated with gay (men, especially) than it is with straight couples.

Reason two: when I graduated from college and moved in with my husband-to-be, he happened to be in Saudi Arabia fighting Gulf War I. His coworker who helped me move into his apartment? Gay. (Later he came out under "don't ask, don't tell," and lost his job, which sucked.)

Reason three: when we finally decided to get married (after years of back and forth asking-and-refusing, then the other person asking-and-being-refused), my agreement was conditional on the idea that, if either of us ever cheated, that would be a shitty reason to divorce. No way was I going to promise never to have sex with anyone else again. I'm going to go out on a limb and say that my being able to contemplate this sort of thing had a lot to do with the way that some aspects of GLBT culture helped all of us start rethinking what consitituted committment, what constituted marriage, what relationships were based on. And, as ambivalent as I was about marriage—just before the ceremony, both of us dressed in our wedding finery, I asked my soon-to-be husband, "I can still back out of this, right?" He knew that the right answer was "yes"—I would never have gotten into it if I hadn't felt like the rules weren't negotiable.

Reason four: after four years of separation, during which he worked in Omaha and I attended graduate school in Seattle, he was transferred to the Pac NW. When he left the military and we started thinking about maybe sort of having kids, again I looked around at the new ways that people were having kids—we lived on Capitol Hill, Seattle's Big Gay neighborhood—before taking a deep breath and saying, okay, yes, maybe we can do this.

Reason five: the best pregnancy book I read was Dan Savage's The Kid. I'm totally not kidding about this (and once, when I saw him having dinner in my favorite restaurant, I went over and told him that myself, and thanked him). He did the research for me on drinking and pregnancy (yes, you can drink without dooming your baby to brain damage). Given that pregnancy books these days are all about What You Mustn't Do (seriously, have a look at What to Expect When You're Expecting someday. And then burn it.), that one thing was huge, and helped buttress my general feeling that I wasn't gonna worry too damn much about anything.

Reason six: The OB/GYN who I picked (after searching around for quite some time to find someone who wasn't into lecturing me)? And who delivered my child? Is now, according to Wikipedia, the "rock star" of transgender surgery. I found out towards the end of my pregnancy, in fact, that she was herself a MTF transsexual, but I had no idea that she'd made sexual reassignment surgery her primary work until last week. While visiting my boyfriend of three years (and yes, I'm still married) I happened across this article, in which she points out that

One thing that still burns brighter than any other issue within the GLB community is marriage equality. What is important is that the trans phenomenon undoes any and all objections to marriage equality, no matter how the issue is argued.
What I know is that, before I found out that she'd had SRS, I'd noticed the pictures of her daughters on the wall of her office and complimented her on how much they resembled her (especially the youngest). And that when I found out my main thought was that she'd had an excellent surgeon. Now apparently she *is* an excellent surgeon.

Reason seven: when my husband and I moved to Canada to take my first teaching job, our best friends, with whom we swapped childcare once a week so that we and they could go out once in a while and try to stay sane? Were a lesbian couple. With two (now three) kids. Not only did they swap babysitting with us, but they parented like us, they were there for us, they were my best friends during what was (due to seasonal depression) the hardest, darkest time of my life. And, of course, they helped my son, by giving him other kids to play with, other adults who understood and accepted him.

They helped me explain to my son that some kids have one mama, some have two, some have a mama and a papa, etc. And that what matters is that every kid have a parent, or parents, who loves and takes care of them. On the night when they got pregnant with kid number three, we got a sudden call—can one of you come babysit immediately so that we can get pregnant? M's ovulating!—I got to explain to my son, who was four, Where Babies Come From, and artificial insemination, and sperm donors. In the course of the discussion, he pointed out that we use the words "parent," "mother," and "father" to mean both biological parents *and* the people who raise and take care of you. In short, he realized at four what I, at forty, still have trouble articulating: that the biology of reproduction is related to, but not the same as, the facts of human feeling.

My point? Is basically a simple one, so obvious that it shouldn't need saying. But since it does, here it is: gay relationships, gay marriages, the whole GLBT ball of wax have been nothing but good for this straight chick, her straight marriage, and her straight suburban family. The gays and trannies have helped me not be afraid of marriage or motherhood. They've helped me realize that I can have those things without losing myself. And they've been there at every goddamn step of the way, helping and supporting my straight marriage, my straight pregnancy, my straight mamahood.

Surely we straights can be as decent.

Tags: DADT, LGBT Symposium

Jun 19th, 2008
Posted by Michelangelo Signorile at 12:40pm

Michelangelo Signorile: Breaking Down the Closet

Tuesday, June 17, was an incredible day to be the host of an international radio program. It was a privilege to take calls from lesbian and gay listeners across California who were on their way to get married or had just tied the knot. They braved the traffic, the lines and the protesters, some of whom tried to drown out their ceremonies, but really nothing could dampen this day. The callers told us their experiences, bringing tears to many an eye. For many it was the first time they went public about anything, the personal and the political all wrapped up in one. They shared it all with so many others across an entire continent.

Electrified by what they were hearing from those in California, people called in from just about every state and province in the United States and Canada cheering on the Californians, sharing in the collective experience. Moderating the discussions and celebrating along, the event had me thinking about so many things, taking me back a bit, and also looking at how much we had achieved, as well as all the work we have ahead of us.

Here we were in 2008 celebrating the right to marry in the most populous state in the U.S., a state where most other rights had been achieved for GLBT people. And we were sharing the experience on an international media forum dedicated to our own issues. Our blogs, our web sites, our Internet and satellite radio networks, our cable and satellite TV channels, have all become our community centers, our bulletin boards and our campfires. We gathered around from every nook and cranny of America on the show Tuesday, connecting in a way we hadn't dreamed possible 15 years ago. And we discussed the reality of a right we hadn't even dreamed 15 years ago would be possible today, either. Gay men, lesbians, bisexual and transgender people from the far reaches of Montana and Maine were one with the Angelenos and the San Franciscans. The euphoria was unstoppable.

And yet, for the vast majority of us, we were outsiders looking in at California. We'd been through Canada making marriage legal as well as the difficult but successful battle in Massachusetts, the culmination of which was only a year back, and which certainly paved the way for California. But that still leaves tens of of millions of us without this right. Moreover, for people who called to the program from Oklahoma and Alabama and Texas and Florida and most other states, they still do not have basic protections against discrimination. They can be thrown out of their homes or their jobs on a whim and can be discriminated against in public accommodations. Hate groups thrive throughout this country and the bigots continue to spew their vile ideologies. Gay-bashing and violence are very real threats, even in California, where 15 year-old Lawrence King was was shot and killed in a classroom in Oxnard, killed this year by another student at school simply because of his gender expression and perceived sexual orientation.

And even marriage for gays and lesbians in California, the right people exercised yesterday, is under assault as a ballot measure to ban marriage will be brought before voters in November.

So the work to be done is as a monumental as all that been achieved. But yesterday made me realize once again that it is the really simple things that take on the big challenges. Yesterday brought me back to the 'outing' wars of the early 90s, which focused on the ultimate power we have to change society simply by going public and urging each other, including those in positions of prominence in society, to be out. The debates focused attention on the power of the closet and the power of breaking it down.

As people across California — including high profile people like Ellen DeGeneres and state and local politicians, but also just average, every day people — stand up and get married, they are creating visibility, coming out to the world in the glare of the media spotlight. As as the public sees the thousands of people behind this movement — many of them their own friends and family — their opposition to what they believed about same-sex marriage or any other issues regarding gay rights softens. The photos, the television interviews, the appearances by activists bringing humanity to the issue, is going to help to battle against the ballot measure in California. And it's going to go a long way toward breaking down stereotypes and smashing myths across the country.

During gay pride in June 2008, as extraordinary a year as it might seem, it appears it's the same basic issues that are the weapons we each use in our own lives every day: Visibility, telling our stories and coming out.

Tags: LGBT Symposium

 

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