My Personal Journey with ENDA
Last week I heard the brief rumblings over the “T” being dropped from the LGBT-protective ENDA bill. The situation goes a little something like this:
- A version of ENDA was introduced in April that would protect LGBT citizens from discrimination based on gender identity and sexual orientation
- A new version of the bill was introduced recently that dropped protections for “T” or transgendered citizens and, thus, gender-identity. This was a compromise made so that the bill would actually pass. The more inclusive April bill would almost certainly not pass.
- Some people, including House leadership, support passing any form of the bill, even if it’s not as inclusive as it could be. Moderate gains, baby steps, and so on.
- Most gay activist groups argue that the new bill is unacceptable because not only does it leave out gender-identity and thus trangendered citizens, but it also leaves out protections for gender (non)conformity (more on this below).
When I first thought about the issue, I came to a preliminary conclusion that it was better to protect some people now and include the rest later. My friend Todd asked me what my opinion was, and I shared with him my rambling perspective. In so doing, the somewhat offensive nature of my line of thinking became clear to me. I realized that excluding a subset of people from protections so that my more-privileged subset could be protected was not in line with my philosophies. (It may be odd to draw these types of distinctions within the LGBT minority group, but they exist. Some would argue, and I agree, that the classes are as such [in descending order of class/political power]: gay men, lesbians, bisexuals, and finally transgendered folks.)
Over the last couple of days I have read quite a bit more about ENDA, thought about the social, political, and cultural ramifications of my initial position, and come to terms with the fact that I was uninformed and personally pretty ignorant on the subject beforehand. After all of this, I realized that my position needed to evolve to reflect my core set of beliefs about equality and civil rights.
I feel that it is neither right nor acceptable to exclude a group from protections because of the politics of xenophobia. Transgendered citizens fight the same battles for civil rights, and we (gay men, lesbian women, and bisexuals) should not allow discrimination against our transgendered brothers and sisters to continue to be discriminated against while we benefit. I cannot be complicit in sacrificing a group who has been instrumental in the struggle for LGBT rights, simply because we are now being offered a devil’s pact that would protect most of our minority group.
It also turns out that by eliminating gender-identity and a few other choice words, the new version of ENDA doesn’t even adequately protect LGB citizens if they don’t happen to conform to heteronormative cultural standards. Thus, a corporation could fire someone and simply (legally) claim, “We don’t have any problems with gays/lesbians, but we can’t have a man/woman work for us who isn’t masculine/feminine enough.” This loophole is yet another reason why the newer version of ENDA is completely unacceptable and insufficient.
I realize politics is about compromise, and you don’t always get exactly what you want. But if we’ve waited 30 years for ENDA to pass, we can wait another year, or two, or ten until we can pass a bill that adequately and inclusively covers all those who suffer from gender- and orientation-based discrimination.
Bush has also vowed to veto any version of ENDA. I don’t support passing a bill through Congress that doesn’t represent the full protections it was intended to encompass. I understand the argument that if we can pass a bill in Congress now, despite its limitations, then that sets precedent. Then, in subsequent years and administrations, we can pass more inclusive bills that will will get signed into law. I just don’t agree with or feel comfortable passing a precedent-setting bill that doesn’t represent the full protections I support.
There were a few other things that I pondered that helped change my mind. The first was swapping the “T” for “G.” In other words, would I still support the bill if ENDA proposed to protect lesbians, bisexuals, and transgendered citizens, but exclude gay men? The answer is an emphatic no. This helped me realize that it was all to easy to for me to accept the exclusion of a group, as long as it wasn’t mine. The exclusion of a minority group doesn’t fit with my personal, political, and social philosophies, no matter what the reason for exclusion.
Another way of addressing the issue involved thinking of it hypothetically. How would I explain to my friend Chase (FTM) or my roommate’s dad (MTF)? How could I look them in the face and tell them, “We’re just excluding you for now. We’re just allowing you to be discriminated against a little while longer. First, we’re going to pass protections for the rest of us. Then, sometime in the future, we’ll make sure you get included under the umbrella of protection from discrimination. I realized I just couldn’t have that conversation. I could never utter those words to an FTM or MTF, or any other person for that matter. I just don’t believe in the sentiment and personally don’t agree with the underlying statement it makes.
I plan on calling the offices of Nancy Pelosi, Barbara Boxer, and Diane Feinstein to tell them I do not support the newer, exclusive version of ENDA, and I will urge them to vote “no” or to not bring the current bill to a vote. Instead, I will urge them to resurrect the original, inclusive version of the bill, whether it passes a vote or not.


Thanks for being willing to being willing to reconsider things. I truly appreciate all the gays and lesbians who’ve voiced their support.
But, as you’ve pointed out, if nothing else, they should oppose ENDA-lite purely out of their own self-interest.
Today two more legal groups that are in the trenches fighting discriminatory firings added their critiques of ENDA-lite, being the latest to say it’s only likely to protect those who are straight-acting. “[It's] a bill no competent attorney representing the lesbian, gay, bisexual and transgender community would ever support” said the National Center for Lesbian Rights.
The Gay & Lesbian Advocates & Defenders said: “As GLAD knows from the calls we get on our InfoLine, the discrimination experienced by many gay men, lesbians and bisexuals is based not directly on their sexual orientation, but on their presentation — their gender identity or expression. They are “too feminine” or “too masculine” and they make employers uncomfortable — and they’re fired.”
The butch who was thrown out of the Caliente Cab Co. restaurant in NYC (on Pride Day no less) because a bouncer thought she was too butch to pee in the women’s restroom is an example of how gender expression affects gays and lesbians without “passing privilege.” BTW, it’s notable that the main thrust of the lawsuit she filed is that the restaurant violated NYC’s protections on gender expression. While the lawsuit also alleged violations of sexual orientation, want to bet the restaurants lawyers will argue they didn’t because (and admittedly I’m assuming here) there were other lesbians in the bar. Which is, as GLAD noted, the same argument employers can and do make today.
Bottom line, gender identity/expression protections protect everyone, not just trans people.
October 12th, 2007 at 12:07 amlogan, that was an excellent post. i think that your arguments against are solid and admirable.
also, thinking about how the movement would next proceed if the bill passed in its lite form– would the LGB activists keep working with the trans community to get ‘next steps’ accomplished, to further trans rights? it’s nice to think that they would help, and i’m sure the whole LGB community would stand behind future efforts for trans rights, but i think it’s safe to say that there would no longer be the same level of pressure.
thanks for sharing and explaining your views.
October 12th, 2007 at 10:53 am@Lena: Great analysis of the issue. Beyond gender identity, prejudices are more often based on physical appearance, outward behavior, and traits we can see or experience with our other senses. Laws like this will only breed segregation and discontent.
By excluding a group based on identity, it creates a division, and humans (as we are) will begin to look for the outwards signs of that inward identity that we’ve placed on the dividing line. This may or may not be conscious, but it is our nature. Once we’ve figured out who “they” are then we have them in a box, separate from us. Whether that box is for ridicule, pity, or envy, and whether or not we support the people on the other side of the line, it’s a separation.
And this is where the discussion is simply a matter of values. Where some value and celebrate differences and find unity in diversity, there are some who believe that lines should be drawn, safety in homogeneity, stick with your own kind. I wish more of the former were in positions of power, and I hope to cast my vote, and write my letters, in support of those people.
October 25th, 2007 at 10:35 am