Many Americans do
not realize that in much of the country you can be
fired just for being transgender. According to the National
Center for Transgender Equality, only 31% of Americans
live in areas that explicitly ban discrimination based
on gender identity and expression. For the other 69%,
legal proceedings may be the only way you can establish your
rights. This means that revealing your transgender
status could have the same result as that experienced
by Sarah Blanchette and Diane Shroer.
Sarah Blanchette
was a computer programmer for Saint Anselm College in
Manchester, N.H. In March 2004 she informed her superiors
that she would return from a two-week vacation
presenting herself as female. St. Anselm College then
fired her, stating in a letter, "As you know, you
recently disclosed to senior college administration your
transsexual status. Upon consideration, you are
immediately relieved of your duties...." The
Boston-based LGBT advocacy and legal group Gay and
Lesbian Advocates and Defenders (not to be confused
with the LGBT national media watchdog GLAAD)
filed a lawsuit against Saint Anselm on May 26, 2005,
reaching a settlement early this year.
Diane Schroer was
an Airborne Ranger-qualified Special Forces officer
who completed more than 450 parachute jumps,
received numerous decorations--including the Defense
Superior Service Medal, and was handpicked to head up
a classified national security operation. Shortly
after retiring as a colonel after 25 years of distinguished
service in the army, she accepted a job as a terrorism
research analyst at the Library of Congress. She
thought she'd found the perfect fit. But when Schroer
told her future supervisor that she was in the process of a
gender transition to female, the job offer was rescinded.
The American Civil Liberties Union is now representing her in a lawsuit against
the Library of Congress.
If you are
transgender and believe that your industry, employer, or
trade will not accept a transgender person, you might
decide to leave your current position before
disclosing your transgender status. But after
disclosure you will likely run into another problem: It can
be very difficult to find new employment as an
"out" transgender person, especially if
your presentation does not rigidly conform to the gender
binary. You may end up settling for employment considerably
below your capabilities for the sake of having a job.
Or you may not find a job at all.
Of course,
however rampant and chronic employment discrimination may be
for the community, it pales in comparison to the gravest
issue facing transgender people: hate crimes. One
example was the murder of Gwen Araujo in California in
2002. Gwen was a sexually active teenager who had not
disclosed her transgender status to some of her male sex
partners. She was murdered by her companions after
their forced inspection revealed her to be
biologically male. In the ensuing trial the defendants tried
to use the transgender version of the "gay
panic" defense--that Gwen had deceived them and
therefore deserved to be murdered. In the end, two of
the defendants were convicted of second-degree murder, but
the jury concluded that no hate crime was committed.
An estimated
average of one transgender person every two weeks is
murdered just for being transgender. Gwen Smith has recorded
the known killings on her Remembering Our Dead Web page at Gender.org.
Every November 20 we in the transgender community
honor the memory of our slain brothers and sisters in
the solemn Transgender Day of Remembrance.
Last year there were 305 TDOR events around the world,
spanning 42 U.S. states and 11 countries on five
continents.
As a trans person
you may also face discrimination in your mundane
everyday life, in areas such as housing, credit, and public
accommodation. If your presentation does not rigidly conform
to the gender binary, you may be harassed if you
attempt to use either the men's or the
ladies' bathroom. Self-deputized gender police (and
sometimes, the actual law enforcement kind) stand
ready to protect these sacred spaces. The Transgender Law Center's
recently released guide "Peeing in Peace" explains how
this policing harms gender-nonconforming people and
offers some suggestions to help.
Regardless of how
you present, you may face discrimination just because
administrators or employees know you are transgender. GLAD
successfully mounted a challenge in which a
transgender middle school student was disciplined for
wearing gender-appropriate clothing, and another in
which a loan applicant was told to go home and come
back dressed in clothing that matched the gender on
her identification.
Discrimination
pops up in all kinds of places, including your tax return.
Since you must have the authorization of mental health
professionals to have sex-reassignment surgery, and
because you must pay the full cost of the surgery
because it is generally not covered by insurance, Rhiannon
O'Donnabhain deducted the costs of her sex-reassignment
surgery on her 2001 return, believing they surely
qualified as "medically necessary." Yet,
upon audit, the IRS denied her deduction, deeming it
"cosmetic." GLAD has commenced
litigation on her behalf in U.S. tax court.
I have mentioned
some of GLAD's transgender legal cases because they
are most familiar to me from my position as the first
transgender member of its board of directors. But in
all fairness, organizations such as Lambda Legal, the National Center for Lesbian Rights,
and the Transgender Law Center have also achieved
significant legal gains on behalf of trans people.
It's clearly going to take the work of all of
these organizations and others, plus some significant
legislation, before all of us gender-nonconforming
people will be able to live our lives in peace.