Friday, February 18, 2011

Maryland Transgender Folks: Here Comes The Annapolis Express!





I was pretty excited for my Transgender neighbors and friends just to the north in Maryland. It actually looks like they might become protected from most forms of discrimination.

It burst my bubble when I realized Maryland HB 235 does not contain the words non-discrimination in the access to Public Accommodations.
Here is how the Equal Employment Opportunity Commission defines Public Accommodations:

A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.

Kind of limits the scope of this non-discrimination law, doesn't it? 

You might find it interesting that there is a marriage equality bill in front of both house of the Maryland Legislature - The Religious Freedom and Civil Marriage Protection Act (SB116/HB175).

Why would you want to know this?

It seems ironic that a same sex marriage equality bill and a watered-down Transgender non-discrimination bill have been introduced. The last time a gender identity inclusive non-discrimination bill was introduced in Maryland gender identity was used as a bargaining chip to try and get the bill passed, which never happened. Yep, your Maryland Trans siblings were thrown under the bus back then.

Is the same thing happening now? Has this so-called non-discrimination bill been so watered down to make it easer for it to pass along with the same-sex marriage equality bill?

Think about it. If you are an assimilated white gay man or lesbian, the odds are you can shop, eat, drink, or stay wherever you chose. The same does not apply to Trans people.

For God's sake, we cannot even pee in peace without the fear of discrimination.

Now, some say, "This bill is better than nothing. You Trans folks should take this and try and get more rights later." Of course, what they failed to say is, "Once we have marriage equality and other equal protection we might come back for you." Yeah, sure, the check is in the mail!

From this writer’s perspective, it sure smells like back-room political shenanigans in Annapolis and playing with our lives.





Human Relations - Sexual Orientation and Gender Identity - Antidiscrimination
Synopsis:

Prohibiting discrimination based on gender identity with regard to housing and employment and by specified licensed or regulated persons; prohibiting discrimination based on sexual orientation or gender identity with regard to commercial leasing; altering an exception for employers relating to standards concerning dress and grooming; providing specified immunity; requiring State personnel actions to be made without regard to gender identity or sexual orientation; defining the term "gender identity"; etc.


Maryland HOUSE BILL 235

By: Delegates Pena–Melnyk, A. Kelly, Alston, Anderson, Barkley, Barnes,
Barve, Beidle, Bobo, Carr, Clippinger, Cullison, Dumais, Feldman,
Frick, Frush, Gaines, Gilchrist, Gutierrez, Guzzone, Hammen, Healey,
Hixson, Hubbard, Hucker, Ivey, Kaiser, Kramer, Lafferty, Lee, Love,
Luedtke, McIntosh, A. Miller, Mitchell, Mizeur, Morhaim, Murphy,
Nathan–Pulliam, Niemann, Oaks, Reznik, B. Robinson, S. Robinson,
Rosenberg, Ross, Simmons, Summers, Tarrant, F. Turner, V. Turner,
Valderrama, Vallario, Waldstreicher, Washington, and Zucker

Introduced and read first time: January 28, 2011

Assigned to: Health and Government Operations

A BILL ENTITLED

1 AN ACT concerning

2 Human Relations – Sexual Orientation and Gender Identity –

3 Antidiscrimination

4 FOR the purpose of prohibiting discrimination based on gender identity with regard to

5 housing and employment; prohibiting discrimination based on gender identity

6 by certain licensed or regulated persons; prohibiting discrimination based on

7 sexual orientation or gender identity with regard to the leasing of property for

8 commercial usage or in the provision of certain services or facilities; altering a

9 certain exception for employers that relates to standards concerning dress and

10 grooming; providing that certain provisions of law relating to discrimination in

11 employment do not apply to certain religious entities with respect to the

12 employment of individuals of a particular gender identity to perform certain

13 work; providing that an employer is immune from certain liability for certain

14 acts to verify the gender identity of any employee or applicant in response to a

15 certain charge; making certain remedies and procedures regarding

16 discrimination applicable to discrimination based on sexual orientation and

17 gender identity; requiring certain State personnel actions to be made without

18 regard to gender identity or sexual orientation; defining the term “gender

19 identity”; making certain conforming changes; and generally relating to

20 discrimination based on sexual orientation and gender identity.

Original Info




1 comment:

Dana LaRocca said...

I don’t think that Delegate Pena-Melnyk or other sponsors of the bill intended leave us behind. They capitulated under Equality Maryland’s big lie that they represent the Mayland trans community.

The national organizations are running the show and the stage play is about marriage. . We don’t get straight answers because direction comes from HRC, Freedom to Marry, and the National Gay and Lesbian Task Force, not from the people at Equality Maryland. Internally they have agreed, or have been told by the board, not to discuss the level of national involvement. Without discussing that they can’t give an answer as to why this bill was downgraded.

Does Equality Maryland have a plan or a timetable for pursuing public accommodations protections?

No.