Mixed Thoughts on ENDA
By now, you’ve probably heard that ENDA passed the House of Representatives. It’s now headed for debate in the Senate, and if it passes that Democratically-controlled body, it’s on to the White House for a probable veto. (Read more at the San Francisco Chronicle.) I’m not happy about the removal of “transgender” from the bill, but I’d be remiss if I didn’t share some other misgivings and thoughts.
The libertarian in me has a problem with protected classes of any stripe. I tend to think an employer has the right to hire and fire based on whatever rules and regulations they set. I also think that this hypothetical business is free to fail, based on those rules and regulations. If they fire talented employees because those people don’t meet the expected gender presentations, then that business will eventually suffer.
But that’s in a perfect world. In our reality, if a man gets fired for wearing a dress at home, or plans to transition, it can be tough to find a new job. Ask Susan Stanton about it sometime. Read through the TGForum Library. There’s story after story about trans-people getting fired. (Scroll down for a sampling.) It’s something I worry about frequently. Do you?
So, what to do when idealism clashes with reality? Go with what’s concrete and work toward the ideal.
Just about every other “class” is protected in the United States: You can’t fire someone because of their skin color, their political affiliation, or their religious beliefs. So, why can you fire us?
A person doesn’t chose to be black, or white, or Asian, or Hispanic. Just like they don’t choose to be gay, lesbian, bisexual or transgendered.
But, you may counter, while they may not chose to be different, they can chose to act, or not act on it. True, true. However, I’d argue that no one is born Republican or Democrat. There has never ever been a baby born as Catholic, Protestant, Baptist, Mormon, Muslim, or Jewish. Sure, they may be baptized, and raised in the faith, but they can always pick their own path. Yet, the law protects these choices, and not our expressions of gender identity.
The idea behind anti-discrimination laws is to phase out hatred and bigotry over time. Each new generation is expected to grow up used to the idea that you can’t single out someone because they are different.
“If everyone is special, then no-one is.” It’s an argument I’ve heard against “special rights”. Okay. I’m all for that. It satisfies my libertarian side. Let’s get more people under the umbrella. Let’s level the playing field for all. Don’t fire someone because their hair is loud. If they do a good job, who cares?
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Another random thought for any of your friends in the GLB communities who support the decision to remove TG from ENDA: Would it be okay if we left out bisexuals? Would you still support the bill if it protected gays, but not lesbians?
The non-inclusive ENDA bill, designed to prohibit discrimination, is, ironically discriminatory.
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Remember these people? And where are they now?
Just to name a few.
Category: All TGForum Posts, Transgender Opinion