So, the non-transinclusive ENDA passed yesterday in the House of Representatives. (Get the
Washington Blade's story
here.)
Forgive me if I'm not excited, even a little turned off. In my mind, this is not a great civil rights victory. It smells too much like false hopes and desertion - namely the latter.
First off, we have this, from the
Blade's story, to consider:
Despite the historic House vote, there is little chance that ENDA will become law this year. The measure has yet to be introduced in the U.S. Senate, and last week, the White House issued a statement saying that senior advisers have recommended that President Bush veto the bill should Congress pass it.
Second, what we have to consider is the fact that this legislation leaves transgender people even more isolated in the American workforce than ever before, regardless of whether it passes into law. Gay and lesbian Americans yesterday received direct reassurance that the discrimination they face in the workforce is not being taken lightly by legislators. Transgender people, on the other hand, only received reassurance that they will continue to be ignored by those same legislators (and continue to be discriminated against).
(Tammy Baldwin deserves some respect. At least the amendment she introduced and then withdrew acknowledged the discrimination transgender people face. It shouldn't have been withdrawn though.)
How can we as gay and lesbian people grasp longingly at workplace protections that mean isolation for transgender people? You never leave comrades behind. A soldier who doesn't go back for his fallen friend may be doing the safe, smart thing - the thing that will probably afford him the best chance of survival at the time - but he isn't doing the brave thing, the valiant thing, the type of thing that people look back to for inspiration and humanity. When he does go back, however, he is saying, "We are in this together," and he is setting an example for others in the future who may be in a similar situation.
While the passage of a non-transinclusive ENDA may have been the safe, smart thing for gay and lesbian people to wish for, it will not be looked back on as any great achievement for them. It will be looked back on as a cold-hearted maneauver that left transgender people alone and vulnerable in the trenches.
So much for a great civil rights victory.