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 It shouldn't have been withdrawn though.)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.
1 comment:
I'm a little confused by what you wrote, Kevin. On the one hand, you say that it's unlikely that the ENDA that was passed will become law. On the other hand, you express disappointment that the ENDA that passed the House wasn't trans inclusive.
So which is it? If you're so convinced that the ENDA that passed the House won't become law, why are you pushing so hard for trans protection? Adding trans protection will guarantee a defeat. Leaving it out, for now, gives us more of a sliver of hope for success.
There are all sorts of progressive advances that I would love to see take place, including trans protection. But while you and I want LGB and T protections, the unfortunate truth is not everyone wants the same thing. We have a large goal in mind, but we have to accept that achieving it will require breaking it up into smaller steps.
Think about it this way. When you set out to tackle a major accomplishment - a term paper, a musical performance, an athletic competition - how do you approach the challenge? You know what to do, but you wouldn't dream of squeazing it all into one attempt. You don't try to write a paper in one sitting, or learn a song in one practice, or train for a race in one visit to the track. It takes time. If you want to do well, it takes a long time. I don't want to wait, but I do want to achieve my goal. So I will wait.
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