Ninety Day "Window" For TG's into ENDA -- Act Now!
By Phyllis Randolph Frye
I have concluded that a ninety day "window of opportunity" has presented
itself wherein some concentrated actions by lesbians, gays, bisexuals,
transgenders and supportive straights can get transgenders into the next
Employment Non-Discrimination Act (ENDA) that will be re-presented to the
newly elected Congress sometime in the spring of 1999.
If I may, please allow me to explain the concentrated actions and the
reasons why I have reached this conclusion.
THE CONCENTRATED ACTIONS
1. A simple one-page letter, two pages max, neatly handwritten or typed,
and mailed to the following two people, with copies to whomever else you
choose.
The Honorable Edward Kennedy
Senator from Massachusetts
United States Senate
Washington, DC 20510
202-224-4543
The Honorable Barney Frank
Representative from Massachusetts - 4th District
United States House of Representatives
Washington, DC 20510
202-225-5931
Plus a courteous, follow-up, phone call made two weeks after the letter
is mailed.
What to write and call about?
--- Tell them that you are either transgendered or a masculine appearing
lesbian or an effeminate appearing gay man or friend or family member of
these people. --- Tell them what your bad employment experiences or bad
employment fears are. --- Tell them why leaving transgenders out of the
past ENDA Bills and the next ENDA Bill will leave transgenders, masculine
appearing lesbians and effeminate appearing gay men OUTSIDE of the legal
protections sought by ENDA. --- Ask them, beg them, to include "gender
identification" or "transgenders" (which along with either "sexual
orientation" or "lesbian, gay and bisexual" will FINALLY COVER the
masculine appearing lesbians and effeminate appearing gay men) in the
ENDA Bill that they will introduce sometime after the end of January
1999.
If you are an MTF, DO NOT, DO NOT, DO NOT send photos of yourself in a
mini skirt or nightgown. DO NOT e-mail or fax -- these people can be our
friends: let us not anger them by flooding their e-mail or fax. DO NOT
be rude or ugly. DO NOT go over two pages, try hard to keep it at one
page. DO NOT THREATEN THEM!!! DO NOT tell them that you are a citizen
and a taxpayer -- they assume that. DO NOT say that you hope the letter
gets by their staff -- that is also rude. DO NOT apologize for taking
their time -- if you are concise and focused, they will be glad you wrote
and called.
DO be concise and focused. That means DO NOT SEND THE FIRST OR SECOND
DRAFT -- take the time to boil it down to the fourth or fifth draft.
DO make sure that it is legible. DO identify yourself by state and
congressional district (or town) and send copy to your Senators and
Representiative if you wish.
2. If you live in Massachusetts, do the above PLUS
contact the local and state LGBT organizations and work with them to
convince both Senator Kennedy and Representative Frank that they should
include "gender identification" or "transgenders" (which along with
either "sexual orientation" or "lesbian, gay and bisexual" will FINALLY
COVER the masculine appearing lesbians and effeminate appearing gay men)
in the ENDA Bill that they will introduce sometime after the end of
January 1999.
3. ALL OF THIS MUST BE DONE BEFORE THE END OF JANUARY 1999.
4. Re-read #3.
THE REASONS WHY I HAVE REACHED THIS CONCLUSION:
1. The timing is obvious. Although many incumbents will remain in both
Houses of Congress, by law it will be a new Congress and can consider
only NEW bills. Bills like the current ENDA that are remaining from the
previous 1997-1998 session, must be reintroduced -- even if word for word
-- and given their own numbers and places in the order of the NEW
Congress.
2. My experience with the Employment Non-Discrimination Act goes to July
1994. For some of you, this may be review, but for other readers it may
be new. So, in short, I will restate the history.
In July 1994, Karen Kerin of Vermont and myself from Texas, both
representing the Transgender Law Conference (aka ICTLEP) arrived in
Washington DC in an attempt to testify before a Senate hearing on the
need of including transgenders into the transgender-less 1993-1994 ENDA
Bill. It was then that we learned that "the coalition", headed on this
issue primarily by the Human Rights Campaign (HRC) and including many
influential organizations, such as Parents and Friends of Lesbians and
Gays (PFLAG) and the National Organization for Women (NOW), had knowingly
decided to exclude transgenders from the 1993-1994 ENDA Bill. Later that
year, Sharon Stuart, Melinda Whiteway, JoAnna McNamera and I (all again
representing ICTLEP) learned at the 1994 Lavender Law Conference in
Portland Oregon, that "the coalition" had concluded that transgender
inclusion in ENDA would cost them about 30 votes. So for about 30 votes
(or 30 pieces of silver, whatever) transgenders were betrayed.
The next time we were in DC was the Spring of 1995 when Karen Karin and
spouse, myself and spouse, Jane Fee and Riki Wilchins came to Washington
DC to lobby those Senators and Representative from our states (Vermont,
Texas, Minnesota and New York) on transgender issues and on transgender
inclusion in ENDA. Two months later in June 1995, a transgender-less
ENDA was introduced to the new 1995-1996 Congress. It was perceived
that transgenders had been deliberately deceived by "the coalition",
headed on this issue by HRC, and the transgender war with the Human
Rights Campaign began.
Following this came the October 1995 event when Riki, Karen and I placed
over 100 transgenders and supporters from 35 states into the Halls of
Congress for education on transgender issues. Since that time, and
without the details being necessary, transgenders have been organized and
on "the Hill" numerous times to educate the Members of Congress on
transgender issues and on the need for being included in the ENDA Bill.
And since that time, many meetings have been held between transgender
leaders and the HRC and transgenders have picketed HRC fundraisers. Even
so, in the spring of 1997, another transgender-less ENDA was introduced
to the new 1997-1998 Congress, just as will in the spring of 1999,
another transgender-less ENDA will be introduced to the new 1999-2000
Congress UNLESS SOMETHING CHANGES.
3. So, what do we change? How do we motivate "the coalition" to ask for
a transgender-inclusive ENDA in the spring of 1999?
Note that "the coalition" has changed. For one, PFLAG is now transgender
inclusive in its by-laws and mission statement. For two, NOW is now
transgender inclusive in its activities and voted so in an annual
convention two years ago. For still another, other organizations of "the
coalition" have heard more about transgender since Karen and I first
started poking at the problem in 1994. Also, with the exception of HRC,
almost ever national queer rights organization is now LGBT either in name
or in bylaws. And although HRC remains transgender-excluding in its
by-laws and mission, they are helping transgenders in the area of hate
crimes. (For those of you who follow my writings, saying anything
positive about HRC is not easy, but I do give credit when it is due.)
4. Examine the initial hypothesis of "the coalition" that transgender
inclusion into ENDA will cost them thirty pieces of silver, oops, votes.
In the fall of 1996, the US Senate voted on the transgender-less ENDA and
it received 49 Yes votes. In February 1997, I lead an ICTLEP sponsored
group of twenty transgenders onto "the Hill" and we met with the offices
of every Yes voter. In summary what we heard was they had no problem
with transgender inclusion. We were told over and over and over again,
that if Ted Kennedy and Barney Frank put transgender language in the ENDA
Bill, they would vote for it. If Ted Kennedy and Barney Frank omitted
transgenders from the ENDA Bill, they would still vote for it. In sum,
they did not care either way and would vote for whatever ENDA Bill that
was introduced by Kennedy and Frank. A few months later in 1997, the new
transgender-less ENDA Bill was introduced to the New 1997-1998 Congress.
5. Concerning Kennedy and Frank, during my time in Boston for the
Lavender Law Conference, last 14-17 October 1998, I was struck by two
things. One thing concerned Barney Frank. He keynoted the Lavender Law.
Before he spoke, the outgoing NLGLA Chair made remarks that were all
LGB&T inclusive. Following that another speaker made remarks that were
all LGB&T inclusive. Following that, a resolution was read and approved
that was very, very (I did the final edit) LGB&T inclusive. Barney Frank
was in the room, I saw him there, to hear it all -- LGB &, &, & T. Then
Barney Frank spoke, it was all limited to L&G only except he remembered
to add the "B" word twice towards the end and he never said the "T" word,
not a single time.
The second thing was the vigil held that same night in front of the State
House (state capitol building) in Boston just across the street from the
Boston Common. It was held to remember Matthew Sheperd, the gay man
assasinated in Wyoming because he was openly LGBT. Representatives from
state and city government and from numerous organizations around the city
and state were there and spoke from the podium. EVERYONE WAS LGB &, &,
& T INCLUSIVE.
That night, I concluded that the above strategy, this "90 day window of
opportunity" for focusing a laser beam of lobbying action onto both
Kennedy and Frank and ONLY on Kennedy and Frank was the needed NEXT
action.
6. The three obstacles for transgender inclusion in the next ENDA before
the new Congress in 1999-2000 are A. Kennedy in the Senate, B. Frank in
the House, and C. "the coalition" led on this issue by HRC. As I noted
above, we have bullied HRC for four years (and I plan to continue until
transgenders are in their mission) and "the coalition" has changed a lot.
We must convince in a polite and constructive, yet firm manner, Senator
Kennedy and Representative Frank to become transgender inclusive in the
next ENDA Bill to be introduced sometime after January 1999 to the new
1999-2000 Congress. That gives us 90 days. So send the letters, make
the follow-up phone calls. DO IT CORRECTLY AND NICELY.
Send copies to your local PFLAG and enlist their letter writing action.
Send copies to your local NOW and enlist their letter writing action.
And please, please, the folks in Massachusetts who are LGB&T friendly,
you will have ther greatest impact of all.
Thanks for listing to me. Please forward this and repost and publish
this and let us get to work.
Ninety days and counting.
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