Transnational: Passport Sex Marker Changes

State Department Issues Amended Policy Guidelines on Passport Sex Marker Changes (from TLDEF)

In response to concerns raised by TLDEF and other organizations and individuals, the U.S. State Department today published amended policy guidelines for changing the sex marker on passports.

Among other things, the new policy guidelines:

• allow you to submit a doctor's letter from any licensed doctor, eliminating the burdensome physician specialty requirements;

• allow you to submit a letter from a doctor who has either treated you for "gender-related care" or who has reviewed and evaluated your "gender-related medical history"; and

• allow passport holders to change their passport's sex marker by presenting an updated birth certificate instead of a doctor's letter.

We've only described a few of the highlights of the new guidelines here, but there's much more. Please read our comprehensive web-based guide to the updated policy. We are also available to answer any questions that you may have. If you need additional assistance, please contact us.

We are pleased to bring you this news and will continue to update you on any additional changes to these State Department policies and procedures.

LGBTs in the House! HUD Proposes Rule To Ensure Equal Access

While Equality NC can claim direct influence on the federal inclusive hospital visitation policy that went into effect, this new -- and welcome, and long overdue! -- proposed policy comes wholly from the current administration:


HUD No. 11-006
Brian Sullivan
(202) 708-0685
FOR RELEASE Thursday, January 20, 2011

HUD PROPOSES NEW RULE TO ENSURE EQUAL ACCESS TO HOUSING
REGARDLESS OF SEXUAL ORIENTATION OR GENDER IDENTITY

WASHINGTON – The U.S. Department of Housing and Urban Development today proposed new regulations intended to ensure that its core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity. View the proposed rule announced today.

“This is a fundamental issue of fairness,” said HUD Secretary Shaun Donovan. “We have a responsibility to make certain that public programs are open to all Americans. With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”

HUD is seeking public comment on a number of proposed areas including:

• Prohibiting lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing. FHA’s current regulations provide that a mortgage lender’s determination of the adequacy of a borrower’s income “shall be made in a uniform manner without regard to” specified prohibited grounds. The proposed rule would add actual or perceived sexual orientation and gender identity to the prohibited grounds to ensure FHA-approved lenders do not deny or otherwise alter the terms of mortgages on the basis of irrelevant criteria.
  
• Clarifying that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, have the opportunity to participate in HUD programs. In the majority of HUD’s rental and homeownership programs the term “family” already has a broad scope, and includes a single person and families with or without children. HUD’s proposed rule clarifies that families, otherwise eligible for HUD programs, may not be excluded because one or more members of the family may be an LGBT individual, have an LGBT relationship, or be perceived to be such an individual or in such relationship.
  
• Prohibiting owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner-occupied. HUD is proposing to institute this policy in its rental assistance and homeownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.

Other actions:

HUD is conducting the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing. Every ten years, HUD does a study of the impact of housing discrimination on the basis of race and color. HUD undertook this important research in 1977, 1989 and 2000 and is currently undertaking this study again. It is believed that LGBT individuals and families may remain silent because in many local jurisdictions, they may have little or no legal recourse. While there are no national assessments of LGBT housing discrimination, there are state and local studies that have shown evidence of this sort of bias. For example, a 2007 report by Michigan’s Fair Housing Centers found that nearly 30 percent of same-sex couples were treated differently when attempting to buy or rent a home.

HUD currently requires its recipients of discretionary funds to comply with local and state non-discrimination laws that cover sexual orientation or gender identity. In July, the Department issued new guidance that treats discrimination based on gender nonconformity or sex stereotyping as sex discrimination under the Fair Housing Act, and instructs HUD staff to inform individuals filing complaints about state and local agencies that have LGBT-inclusive nondiscrimination laws.

The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, sex, disability and familial status. Approximately 20 states, and the District of Columbia, and more than 150 cities, towns and counties across the nation have additional protections that specifically prohibit such discrimination against LGBT individuals. Under guidance announced last year, HUD will, as appropriate, retain its jurisdiction over complaints filed by LGBT individuals or families but also jointly investigate or refer matters to those state, district and local governments with other legal protections.

View the proposed rule announced today.

###

"Supportive Families, Healthy Children" - Free Booklet!

Last month, the Journal of Child and Adolescent Psychiatric Nursing featured an article "Family Acceptance in Adolescence and the Health of LGBT Young Adults." This study determined that positive and accepting family attitudes and behaviors towards LGBT children significantly increase their overall health in adulthood.

(Not exactly a newsflash, but it does provide solid, peer-reviewed data to support a bit of common-sense that many people still don't get. It's still not an uncommon event for kids to be completely rejected by homophobic parents. It's a cliche, but it's also an ongoing tragedy.)

The study shows that specific parental and caregiver behaviors, e.g., advocating for children when they are mistreated for being gay or supporting their gender expression, protect against depression, substance abuse, suicidal thoughts, and suicide attempts in early adulthood. In addition, LGBT youth with highly accepting families have significantly higher levels of self-esteem and social support in young adulthood.

Findings include:

• Family accepting behaviors towards LGBT youth during adolescence protect against suicide, depression, and substance abuse.
• LGBT young adults who reported high levels of family acceptance during adolescence had significantly higher levels of self-esteem, social support, and general health, compared to peers with low levels of family acceptance.
• LGBT young adults who reported low levels of family acceptance during adolescence were over three times more likely to have suicidal thoughts and to report suicide attempts, compared to those with high levels of family acceptance.
• High religious involvement in families was strongly associated with low acceptance of LGBT children.

Results of the research are being translated into practical tools for parents by the study's author, Dr. Caitlin Ryan, and her team at the Family Acceptance Project in collaboration with Child and Adolescent Services at the University of California, San Francisco, with funding from the Robert Wood Johnson Foundation.

They use a behavioral approach to help ethnically and religiously diverse families decrease rejection and increase support for their LGBT children to reduce risk for suicide, depression, substance abuse, and HIV, to promote well-being, and to prevent homelessness and placement in custodial care. This work is being conducted in English, Spanish, and Chinese with families from all ethnic backgrounds, including immigrant and very low income families, and those whose children are out-of-home in foster care and juvenile justice facilities.

To download a copy of their booklet, just go here and enter your e-mail address and zip code (which they'll use to track where their materials are used and ask for any feedback on the booklet):
"Supportive Families, Healthy Children."

Presidential Appointments (Amidst Disappointments)

Amidst dwindling hopes of any significant legislative progress under the hand of our current national executive officer (that's you, DADT!), there's still a definite cause of LGBT celebration from the president. Less than halfway through his first term, Barack Obama has appointed more openly gay officials than any other president in history, as well as the first openly trans appointee.

Gay activists say the estimate of more than 150 appointments so far – from agency heads and commission members to policy officials and senior staffers – surpasses the previous high of about 140 reached during two full terms under President Bill Clinton. So, in less than half a term, Obama has had more LGBT appointments than any other president, including double-termed ones.

“From everything we hear from inside the administration, they wanted this to be part of their efforts at diversity,” said Denis Dison, spokesman for the Presidential Appointments Project of the Gay & Lesbian Leadership Institute.

In a sign of how times have changed, few of the appointees – about two dozen required Senate confirmation – have stirred much controversy. It’s a far cry from the 1993 furor surrounding Clinton’s nomination of then-San Francisco Supervisor Roberta Achtenberg as assistant secretary for Housing and Urban Development.

Achtenberg was the first openly gay official to serve at such a senior level, and she won confirmation despite contentious hearings and opposition from NC's former Sen. Jesse Helms, who denounced her as a “militant extremist.”

Gay activists, among Obama’s strongest supporters, had hoped he would be the first to appoint an openly gay Cabinet secretary. While that hasn’t happened – yet – Obama did appoint the highest-ranking gay official ever when he named John Berry as director of the Office of Personnel Management, which oversees the nation’s 1.9 million federal workers.

Other prominent names include Nancy Sutley, chairwoman of the White House Council on Environmental Quality, and Fred Hochberg, chairman of the Export-Import Bank. Obama also named Amanda Simpson, the first openly transgender appointee, as a senior technical adviser in the Commerce Department. And David Huebner, ambassador to New Zealand and Samoa, is the third openly gay ambassador in U.S. history.

White House spokesman Shin Inouye confirmed the record number, saying Obama has hired more gay officials than the Clinton and George W. Bush administrations combined. He said Obama “is proud that his appointments reflect the diversity of the American public.”

“He is committed to appointing highly qualified individuals for each post,” Inouye said. “We have made a record number of openly LGBT appointments and we are confident that this number will only continue to grow.”

Dison’s group lists 124 of the appointees on its website. He said the remainder are not listed because they are lower-level officials not formally announced by the White House.

“We learn about a lot of these through informal networks and then work to confirm that they are indeed appointed and that they are openly LGBT,” Dison said.

One Obama nominee who met some opposition was Chai Feldblum, a Georgetown University law professor nominated to serve on the Equal Employment Opportunity Commission.

Concerned Women for America accused Feldblum of playing “a major role in pushing the homosexual and transsexual agenda on Americans.” Other conservative groups blasted her role in drafting the Employment Nondiscrimination Act, a bill that would ban employers from discriminating on the basis of sexual orientation or gender identity.

Obama made Feldblum a recess appointment in March after an anonymous hold in the Senate held up her confirmation for months.

Another target for conservatives was Kevin Jennings, founder of the Gay, Lesbian, Straight Education Network, who was named to oversee the Education Department’s Office of Safe & Drug Free Schools. More than 50 House Republicans asked Obama to remove Jennings from the post after reports surfaced about advice he gave more than 20 years earlier after learning a gay student had sex with an older man.

Jennings conceded that he should have consulted medical or legal authorities instead of telling the 15-year-old boy that he hoped he had used a condom. The Obama administration defended Jennings and declined to remove him.

It was in early 2008 that the Gay & Lesbian Leadership Institute focused its Presidential Appointments Project on steering thousands of resumes of qualified gay professionals to White House jobs. Dison said that push has helped increase the numbers, though it certainly helped to have a more receptive White House.

The more LGBT folks that work within government at lower levels, the more visibility there is for the entire movement, and the more change will ultimately occur at higher levels.

In the end, lots of small advancements add up to huge ones.

Trans Air - Flying the Not Necessarily Friendly Skies

Over the holidays, with the prospect of lots of travel including airlines, there's been a lot of hullabaloo over the TSA(Transportation Security Administration)'s new security screening procedures for air passengers, requiring either a revealing electronic body scan or a manual full body pat down.

As is so often the case, certain groups of people will have a more difficult time with these procedures. Again, as is so often the case, these are folks who have additional struggles to begin with. With regard to the new TSA procedures, I'm specifically referring to trans folks.

Trans folks have the double-disadvantage in that they may have prosthetics (padded, underwire bras and breast forms, genital prosthetics), which may cause concern to airport screeners, and that they may be red-flagged if the screener notes a discrepancy with the gender they present, either subjectively or due to a difference between the gender markers on their ID.

The point is, the marginalized community, that already has it harder, gets to have it harder still. And of course, the TSA does not require nor necessarily provide training for its officers regarding sensitivity to the LGBT community.

Fortunately, the National Center For Transgender Equality (NCTE) has come out with a resource for trans folks and "What Travelers Need to Know," as well as a useful PDF on "Whole Body Imaging."

There's a lot of just good general information for all folks, like:

• First, it is important that you KNOW YOUR RIGHTS. Even if TSA personnel are not always familiar with travelers' rights, such as the right to decline a full-body scan, you should know them. You may need to politely inform the officer of your rights and choices.
  
  
• Second, calmly and clearly expressing your choices is very important. This makes it easier for the TSA agents to understand what your needs are and may help you get through the checkpoint more quickly.

... as well as some trans-specific facts:

• You have the right to have manual search procedures performed by an officer who is of the same gender as the gender you are currently presenting yourself as. This does not depend on the gender listed on your ID, or on any other factor. If TSA officials are unsure who should pat you down, ask to speak to a supervisor and calmly insist on the appropriate officer.
  
  
• You should not be subjected to additional screening or inquiry because of any discrepancy between a gender marker on an ID and your appearance. As long as your ID has a recognizable picture of you on it, with your legal name and birth date, it should not cause any problem.

During the holidays, the best way to ensure that all of us and our family and friends have safe and uneventful travels is to have the best information on travel policies that affect you.

Until we have full equality and inclusion, we simply deal with what we've got with as much grace and equanimity as possible. Travel safely!

Don't Forget! Transgender Day of Remembrance

This Saturday, November 20, is the Transgender Day of Remembrance. Equality NC's Transgender Policy Task Force and the LGBT Center of Raleigh will hold a candlelight vigil in downtown Raleigh to recognize the 12th annual Transgender Day of Remembrance.

TDOR was set aside to memorialize those who were killed due to anti-transgender hatred or prejudice. The event is held in November to honor Rita Hester, whose murder on November 28th, 1998 kicked off the Remembering Our Dead web project and a San Francisco candlelight vigil in 1999. Rita Hester’s murder — like most anti-trans murder cases — has yet to be solved.

Although not every person represented during the Day of Remembrance self-identified as trans (that is, as a transsexual, crossdresser, or otherwise gender-variant), each was a victim of violence based on bias against transgendered people.

The purpose of the day is to raise public awareness of hate crimes against transgender people. Transgender Day of Remembrance publicly mourns and honors the lives of transgender people who might otherwise be forgotten. TDOR gives transgender people and their allies a chance to step forward and stand in vigil, showing love, respect, and solidarity, and memorializing those who’ve died by anti-transgender violence.

Transgender Day of Remembrance can be used to educate students, teachers, and administrators about transgender issues, so we can try to prevent anti-transgender hatred and violence from continuing.

Ways you can observe TDOR include:

• Candlelight vigils and/or marches
• Discussion forums with activists, politicians, and/or school officials
• Performance art
• Poetry or spoken word readings
• Visual representation of the number of deaths with:

• Cardboard tombstones of Remembered People
• Paper cutouts of Remembered People
• Chalk body outlines of Remembered People
  

• Teach-Ins and Speakers Bureaus
• Art/photo displays
• Trans movie screenings (such as “Boys Don’t Cry”)
• Trans 101 trainings

As with any awareness-raising day, it's not an end unto itself. TDOR is a tool towards the ultimate goal of the elimination of bigotry and prejudice against transfolks. It's important to use this day as a starting point for discussion and education. The work of TDOR can be continued by:
• Working to add “gender identity and gender expression” to laws and school antibullying policies
• Having a Trans 101 training for workers and educators
• Working to have some restrooms designated as gender neutral
• Collaborating with others on trans issues and teaching them how to be trans allies

For more information, go to the International TDOR website or the Gay-Straight Alliances Facebook Page. For a list of related sites and resources, go to this page from the Remembering Our Dead site.

'Youth' Starts With 'You'

Here on Spirit Day during Ally Week, we present some resources to help protect LGBT youth from bullying and harassment:

• Out, Safe & Respected - This kit from Lambda Legal is designed to help you know your rights at school and make sure they’re respected, and to give you concrete ideas about how you can make a difference in your school and community.
  
  You have the right to be who you are.
  
  You have the right to be out, safe and respected at school.
  
  
• Bending The Mold - Whether you’re transgender or gender non-conforming, questioning, or an ally, this kit from Lambda Legal is designed to help you make your school a safer place.
  
  They’ve included ideas and information to help you advocate for change. There’s also an extensive list of resources to help you connect with the transgender community and find support.
  
  
• Make It Better - This project, launched by the national GSA Network and endorsed by a zillion other groups, gives youth and adults the tools they need to combat anti-LGBT bullying and harassment and make schools safer for LGBT youth right now.

'Nuff said.

Down To Business: Corporate Equality Index 2011

The Human Rights Campaign recently released its 9th annual Corporate Equality Index 2011: Rating American Workplaces on Lesbian, Gay, Bisexual and
Transgender Equality.

This report assesses American workplaces on LGBT equality. For the first time this year, all Fortune 500 companies, including those that did not voluntary participate, are scored on their workplace practices.

The report evaluates more than 30 specific policies and practices covering aspects of employment for LGBT workers from non-discrimination protections and the training surrounding those policies to domestic partnership and legal dependent benefits to gender transition guidelines and LGBT employee resource groups.

(The report also discusses new criteria for future studies that will go into effect next year, as well as discusses how the evaluation process has changed over time. The new standards will include 18 additional criteria that relate to benefits discrimination for transgender employees and dependents, full equal benefits for same-sex partners and spouses, and organizational competency on LGBT workplace issues that go beyond written policies.)

A total of 337 major U.S. businesses earned the top rating of 100 percent, up from 305 last year .

A few of the survey’s highlights:

• Corporate America protects LGBT workers from discrimination and provides benefits in ways that our own government does not. While only 29% of the U.S. population lives in states with statewide non-discrimination statutes that specify sexual orientation and gender identity, 99% of CEI-rated companies include sexual orientation and 76% include sexual orientation and gender identity in their non-discrimination policies. In 2002, only 5% of CEI-rated companies included gender identity among their non-discrimination policies.
• In 2004, only 3% of CEI-rated companies addressed transgender health with limited benefit offerings. Today, 79% of CEI-rated companies provide this limited coverage and 85 companies specifically, including Google, Coca Cola, and AT&T, offer at least one healthcare plan option to all employees that covers many medically necessary transition-related treatments, including hormone therapies and sexual affirmation surgeries.
• In 2002, 70% of CEI-rated companies provided domestic partnership healthcare benefits. Today, 95% of CEI-rated companies provide that coverage.

Several high-profile companies did not respond to HRC’s invitation to be rated. Notable non-responders include Pottery Barn and West Elm (both part of Williams-Sonoma Inc.), Bed Bath & Beyond, Dillard’s, PetSmart, Western Union, Dr. Pepper Snapple Group, Winn-Dixie Stores Inc., Tyson Foods, AFLAC, Foot Locker, DirecTV and News Corp. (owner of both Fox News and HarperCollins Publishers).

(Fifteen points were deducted from the otherwise perfect scores of Target, Best Buy, and 3M for failing to respond to requests to take corrective actions following their sizable contributions to MN Forward, a political committee supporting the election of an anti-gay candidate for governor of Minnesota.)

The report was released on the eve of this year's Out & Equal Workplace Summit.

The Difference Of A Decade: Ten Years of GLSEN School Climate Reports

Last week GLSEN (the Gay, Lesbian and Straight Education Network) released their 2009 National School Climate Survey, documenting the experiences of LGBT students in schools across the country.

(Click here for the 13-page executive summary or here for the 164-page full report.)

GLSEN began compiling these reports and collecting data in 1999, and this report marks a decade of research. Some of their collective findings from the past 10 years include:

There was a steady decline in the frequency of hearing homophobic remarks from 1999 to 2003. (Between 2005 and 2009, students’ reports of these types of remarks did not decrease significantly.)

LGBT students’ experiences of harassment and assault have remained relatively constant over time. However, there were small but significant decreases in frequencies of verbal harassment, physical harassment, and physical assault from 2007 to 2009.

LGBT-related resources and support in school have steadily increased, e.g., gay-straight alliances, other student clubs that address LGBT issues in education, LGBT-supportive school staff, and LGBT-related materials in school libraries.

The 2009 survey includes responses from 7,261 LGBT students between the ages of 13 and 21 from all 50 states and the District of Columbia. Data collection was conducted through community-based groups, online outreach, and targeted advertising on Facebook and MySpace.

Key Findings of the 2009 National School Climate Survey include:

84.6% of LGBT students reported being verbally harassed, 40.1% reported being physically harassed, and 18.8% reported being physically assaulted at school in the past year because of their sexual orientation.

63.7% of LGBT students reported being verbally harassed, 27.2% reported being physically harassed, and 12.5% reported being physically assaulted at school in the past year because of their gender expression.

72.4% heard homophobic remarks frequently or often at school.

Nearly two-thirds (61.1%) of students reported that they felt unsafe in school because of their sexual orientation, and more than a third (39.9%) felt unsafe because of their gender expression.

29.1% of LGBT students missed a class at least once and 30.0% missed at least one day of school in the past month because of safety concerns, compared to only 8.0% and 6.7%, respectively, of a national sample of secondary school students.

The reported GPA of students who were more frequently harassed because of their sexual orientation or gender expression was almost half a grade lower than for students who were less often harassed (2.7 vs. 3.1).

Increased levels of victimization were related to increased levels of depression and anxiety and decreased levels of self-esteem.

Being out in school had positive and negative repercussions for LGBT students – outness was related to higher levels of victimization, but also higher levels of psychological well-being.

Positive Interventions and Support:

Having a Gay-Straight Alliance in school was related to more positive experiences for LGBT students, including: hearing fewer homophobic remarks, less victimization because of sexual orientation and gender expression, less absenteeism because of safety concerns, and a greater sense of belonging to the school community.

The presence of supportive staff contributed to a range of positive indicators including fewer reports of missing school, fewer reports of feeling unsafe, greater academic achievement, higher educational aspirations, and a greater sense of school belonging.

Students attending schools with an anti-bullying policy that included explicit protections based on sexual orientation and/or gender identity/expression (like the statewide anti-bullying law passed by Equality NC last year) heard fewer homophobic remarks, experienced lower levels of victimization related to their sexual orientation, were more likely to report that staff intervened when hearing homophobic remarks, and were more likely to report incidents of harassment and assault to school staff than students at schools with a general policy or no policy.

Despite the positive benefits of these interventions, less than a half of LGBT students (44.6%) reported having a gay-straight alliance at school, slightly more than half (53.4%) could identify six or more supportive educators, and less than a fifth (18.2%) attended a school that had a comprehensive anti-bullying policy.

The times, they are a'-changin. It's good to see the positive growth occurring across the country, and it's especially good to have more data supporting the efficacy of non-discrimination policies that explicitly protect LGBT folks versus those that only provide general protections.

Little by little, we are creating an educational environment where all students, including LGBT ones, can feel safe enough to learn and succeed in school.

"We worry about what a child will become tomorrow, yet we forget that he is someone today."

(Title quote from Stacia Tauscher.)

Are you a kid? Do you know any kids? Do you have kids? Do you ever see any kids? OK, were you ever a kid?!

The National Youth Advocacy Coalition maintains a collection of resources on information about the lives of LGBT and questioning young people, as well as resources specifically for these youth and youth-serving professionals nationwide. It's mission is to end discrimination against these youth and to ensure their physical and emotional well-being.

If you ever have any questions, need a resource, or have a suggestion for a resource, they're a great place to go.

They maintain wiki pages for:

• Resources for LGBTQ youth
• Resources for Organizations
• Directory of All Resources

Check out some of their materials under these categories:

• Best Practices for HIV Prevention (Organizations)
• Best Practices for Health and Wellness (Organizations)
• Best Practices for LGBT Homeless Youth
• Best Practices for Policy and Advocacy (Organizations)
• Best Practices for Tobacco Cessation (Organizations) (including the August 2010 report, “Coming Out about Smoking: Tobacco Use in the LGBTQ Young Adult Community,” which explores the reasons why sexual minority youth smoke and suggests strategies for prevention.
• Best Practices for Youth Engagement (Organizations)

"NYAC is committed to representing the voices of young people - the largest living generation - within the broader LGBTQ and social justice movements. Through capacity building, advocacy and youth engagement, NYAC is building a generation of impact."

Welcome _o _he Wrigh_sville Beach Coun_ry Club! (No Ts Allowed)

(Thanks to ENC Communication Intern Matthew McGibney.)

When Rachael Gieschen picked up the front page of her local paper last month, her first thought was for her family.

“It said something like, ‘Club Membership Canceled because of Sex Change,’ in a big bold headline,” Rachael said. “It made me sick to my stomach because I was embarrassed for my family and kids down there.”

The story began last year, after the 69-year-old received a notice that her membership to the Hanover Seaside Club in Wrightsville Beach (a club that Rachael’s grandfather helped found in the 1890s) was going to be canceled. The club said it would allow her to stay if she came dressed as a man, but she refused. After a private meeting between Rachael and the board failed to resolve the situation, the club terminated her membership and refunded her dues.

So Rachael decided to speak with Michael Silverman, the executive director of the Transgender Legal Defense and Education Fund in New York City, and they decided to try to get the club to change its decision. Their first step was to contact a reporter for The Edge,a Boston-based paper, which ran a story.

But then the Wilmington Star-News highlighted her story on its front page, and Rachael started to have second thoughts.

“It irked the hell out of me,” she said. “So I told them I didn’t want to do it anymore.”

Rachael has changed her mind since then, and is working with Michael to get her story out to more papers. She’s also contacted a lawyer in Greensboro, but the legal path forward isn't clear.

She’s not spoken about it with her five grown children since the story broke, and two of them have avoided talking to her altogether since she came out as transgender.

This is a reminder that discrimination against transgender people continues to this day in North Carolina, while victims are left without a settled legal recourse. It leaves people like Rachael fighting to gain admittance to a beach club that her own family helped to start, just because of her gender expression.

And that's not right. You cannot have equality without the 't.'

You can read the article in The Edge here

Rating The Hating

(Thanks to ENC Communication Intern Matthew McGibney.)

This week, the National Coalition of Anti-Violence Programs (NCAVP) released their “Report of Hate Violence Against Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Communities.”

Overall, the conclusions of the report were not positive. The LGBTQ community had the second-highest murder rate this decade in 2009. Almost 80 percent of these victims were people of color, and most were transgender women or at least feminine in their appearance.

This comes at the same time as the economic crisis has hurt resources for LGBTQ victims. Seventy percent of NCAVP-reporting programs had budget cuts, and half had to lay off staff. (The information in this report does not even include the South, unfortunately, as there were not enough functioning programs here to collect data.)

It’s an alarming situation when violence spikes, yet our mechanisms for dealing with the victims are blunted by budgetary issues. Proponents of a culture of hate are able to impose an atmosphere of fear on an entire community. The majority of the hate murders were minorities or transgender women, reflecting dangerous positions towards race and gender.

Disturbingly, the biggest spike in anti-LGBTQ violence came in October, the same month as the passage of the federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. The report posits that an increase in visibility brought about by the act might have led to higher levels of harassment and discrimination. At the same time, 62 percent of incidents reported to the centers were not covered by criminal statutes. This includes harassment and intimidation against the LGBTQ community that stops short of violence.

The report calls on federal and state governments to provide more funds to anti-violence and to end discriminatory practices that bolster anti-LGBTQ feelings.

I don’t know how practical the first option is, given the economic conditions we see today, but the second option is a practical and necessary step.

We expect everyone to not harass or discriminate against the LGBTQ community, but that’s still a completely legal option for businesses and our state government. They can fire, or refuse hiring or promotions, based solely on sexual orientation or gender identity. A change of cultural attitudes is needed, and this change has to include the end of discriminatory practices by the government.

One Bad Mother (Hush Your Mouth!)

Yesterday was Mother's Day.

In the LGBT community, this day - along with its twin, Father's Day - has special significance. This day marks a point of special remembrance for those of us with positive, supportive parents, and it's a sad spot of bittersweet for folks whose parents did not embrace their LGBT kid.

For gay parents, it's a point of pride: "We're parents!" It's also almost always a source of initial consternation for parents and teachers. If both parents are guys, does one take Mother's Day and one take Father's Day? What do teachers have kids do for a Mother's Day craft if there's no mother in the picture? What about trans parents?

Fortunately, ultimately, issues of sex and gender aren't generally that troublesome for LGBT folks. I have gay dad friends who have one partner take Mother's Day and one take Father's Day. I also know couples where both lesbian parents take Mother's Day - it's two-times the work for the kid, but then they get to skip Father's Day. And my trans parental friends get the day of their target sex.

As for schools, teachers have been handling issues like this forever, what with the supply of single and adoptive parents. On Mother's Day if there are only dads in the parental picture, generally the teachers have the kid do a craft for a special aunt, or grandmother, or even for their dad(s). The point is to honor a special person (or people). There's no need to get bogged down in the details. The goal is familial joy, not stress (though most happy families get to have both!).

(The Washington Post has a blog article on this very topic. Also, The Guardian across the pond has an article on how more gay people are becoming parents and how that's affecting gay spending (or as they call it, "the pink pound").)

(For the record, Kid/we took Craig's Mom (Grams) out to see a show (Charlotte's Web, which Craig is music directing at a local community theater) and then we all did Chinese afterwards. There were also flowers and chocolate-covered strawberries for Craig's Mom earlier in the week. Craig's Mom is the only matron left for us, so she reaps the full M-Day bounty!)

For the first time in history, we've had a president include gay parents in a Mother's Day proclamation. President Obama, in yesterday's proclamation, said:

“Whether adoptive, biological, or foster, mothers share an unbreakable bond with their children, and Americans of all ages and backgrounds owe them an immeasurable debt. Nurturing families come in many forms, and children may be raised by two parents, a single mother, two mothers, a step-mom, a grandmother, or a guardian.”

(The bold is mine to highlight the "two mothers" bit.)

It's just a symbolic reference, but symbols do count.

I have a coworker who is fond of saying "Enjoy your crumbs!" whenever someone in authority makes an LGBT-positive reference but doesn't back it up with any quantifiable action for equality. It's a completely valid point, and the president's Mother Day's proclamation received quite a lukewarm reception from many gay groups, specifically for being empty words in light of lack of action on supporting ENDA and not working against DADT and DOMA. (The LGBT community seems to live a life of acronyms!)

Now, I have more faith in crumbs. People remember words, and the more our families are put out there in front of the public, the more people will realize the terrible effects of discrimination, both individual and abstract and discrete and formalized (as in laws). It's a drop in the ocean, but the ocean would be one drop less if it weren't there.

It's a symbol, sure, but compare it to what's been there before - or hasn't. It's absence would've sent quite a different message. Sometimes a symbol can be both the message and the substance.

We hope everyone had a happy Mother's Day!

National LGBT Health Awareness Week

This week, March 28-April 3, is the 8th Annual National LGBT Health Awareness Week.

This year's theme for LGBT Health Awareness Week is "Closing the Gap." The LGBT community has, on average, worse health outcomes and less access to the care than the straight community.

We need to educate ourselves and our health care providers about our unique health needs as well as our health risks in order to close the gap - everyone deserves good health!

It can be hard to talk about intimate life with anyone. To make sure the LGBT community stays healthy, we need to help our health care providers help us by talking openly and honestly about our lives and who we are.

Coming out is crucial. We need to come out to our providers about our sexual orientation or gender identity. We need to let them know when we are fighting depression, challenging substance use, and trying to manage our sexual health.

You'll find a selection of fact sheets and resources on LGBT-specific health issues here. Topics include:

• Access to Healthcare
• Aging
• Cancer
• Hepatitis
• Intimate Partner Violence
• Mental Health
• Sexual Health
• Smoking
• Substance Abuse
• Transmen's Health
• Transwomen's Health
• Youth Policy

As a bonus, in honor of this week, here is the upshot of the recently passed healthcare reform legislature ... from a gay perspective.

Once implemented, more than 95 percent of the country will have health insurance coverage, including 32 million who are currently uninsured. This matters to the LGBT community because:

• Gay folks are disproportionately poor and/or homeless due to pervasive discrimination, according to the Williams Institute at the UCLA School of Law. Extending health care coverage to economically disadvantaged people will help a critically vulnerable segment of our community gain access to basic medical care.
• Under the new law, adult children under the age of 27 will be able to remain on their families’ insurance policies, even after they leave home and/or graduate from college. Between 1 million and 9 million children are being raised by LGBT parents in the United States today, and poverty rates for children of same-sex couples are twice as high as poverty rates for children of different-sex married couples.
• A 2006 survey of national data by the Williams Institute showed that 20 percent of people in same-sex couples were uninsured, compared with only 11.5 percent of married individuals.
• Data from the CDC's National Health Interview Survey found that women in same-sex couples were statistically significantly less likely to have health insurance than women in different-sex relationships.

Other positive aspects include:

• Increased general data collection, which will help identify disparities in LGBT healthcare (though increased LGBT-specific data collection did not make the final cut).
• Emphasis on disease prevention and public health.
• The end of gender ratings, which means insurance companies will no longer be able to charge women more than men for the exact same policies.
• Access to coverage despite preexisting conditions. This provision will be a tremendous benefit to transgender people, people with HIV, and groups of LGBT folks who are disproportionately affected by certain illnesses, e.g., lesbians with a greater incidence of breast cancer.

Unfortunately, the reform also has some negatives:

• It continues the five-year ban on legal immigrants’ Medicaid eligibility and a ban on undocumented residents’ access to health insurance, which will affect gay communities in these groups.
• There are restrictions on reproductive freedom, which is an adjunct issue affecting LGBT folks.
• There are none of the proposed specific anti-discrimination protections for LGBT people or measures specifically addressing the needs of people with HIV.
• The final package lacks an earlier provision that would have eliminated the tax paid on domestic partner health benefits offered by employers.
• It provides funding to abstinence-only-until-marriage programs, which have been proven not only ineffective but also harmful to LGBT youth and youth from LGBT families

Read more about healthcare reform at the White House's site on the topic.

Take Action! Supporting Health Care Reform As An LGBT Issue

With all of the talk of national health care reform, not much attention is being given to one fact: this is an LGBT issue, and the proposed reforms have a lot of gay-positive aspects to them.

Did you know that the bill being voted on by Congress this week - Patient Protection and Affordable Care Act (H.R. 3590) - includes:

• Improved data collection for at-risk groups (still a bit vague, but with continued lobbying, this will likely include sexual orientation and gender identity demographic categories)
• Nondiscrimination on the basis of sexual orientation and gender identity in federal grants for mental health education and training
• $8.5 billion in funds for community health centers, including LGBT health community centers

This is in addition to:

• Prohibition of insurance exclusions based on pre-existing conditions
• Extension of insurance coverage to approximately 31 million uninsured people

... which will affect thousands of LGBT folks and their families.

LGBT people are often under- and uninsured, and also fall into a number of other at-risk populations, including seniors and youth, women, people of color, immigrants, and people living with HIV/AIDS.

These at-risk groups face extreme discrimination by both insurance companies and by health care providers and are denied the care they need. Even more egregious, in 2007, 50% of our tax dollars were invested in public health expenses in the USA with only 5% of the population receiving treatment, leaving an estimated 45,000 people to die because they simply lacked affordable insurance coverage.

Take action now thorough PFLAG's action alert: tell your representative to pass health reform today!

Access to competent and affordable healthcare is out of reach for far too many of our LGBT loved ones, but we can change it.

Individual Health Care Reform

Now, this may come as a shock, but LGBT folks don't get as good of service from the medical community as others.

Obviously this isn't really a surprise, but the specific data on this phenomenon may be.

Lambda Legal has released a free report on this, "When Health Care Isn't Caring."

This survey is the first one to examine the issue on a national scale. It documents refusal of care and barriers to health care among LGBT and HIV communities. The hope is to use these data to raise awareness of this issue and to influence decisions being made about how health care is delivered in the future.

Some of the key findings include:

• More than half of all respondents reported that they have experienced at least one of the following types of discrimination in care:
  = being refused needed care
  = health care professionals refusing to touch them or using excessive precautions
  = health care professionals using harsh or abusive language
  = being blamed for their health status
  = health care professionals being physically rough or abusive

• Almost 56 percent of lesbian, gay, and bisexual respondents had at least one of these experiences; 70 percent of transgender and gender-nonconforming respondents had one or more of these experiences; and nearly 63 percent of HIV+ respondents experienced one or more of these types of discrimination in health care.
• Almost 8 percent of LGB respondents reported that they had been denied needed health care outright. Just under 27% of all transgender and gender-nonconforming respondents reported being denied care. Finally, 19 percent of respondents living with HIV also reported being denied care.
• Just over 10 percent of LGB respondents reported that health care professionals used harsh language toward them; 11 percent reported that health professionals refused to touch them or used excessive precautions; and more than 12 percent of LGB respondents reported being blamed for their health status.
• Almost 36 percent of HIV+ respondents reported that health care professionals refused to touch them or used excessive precautions and nearly 26 percent were blamed for their own health status.
• Nearly 21 percent of transgender and gender-nonconforming respondents reported being subjected to harsh or abusive language from a health care professional, and almost 8 percent reported experiencing physically rough or abusive treatment from a health care professional. Over 20 percent of transgender and gender-nonconforming respondents reported being blamed for their own health conditions.

Not all discrimination is equal, though.

In almost every category measured in this survey, transgender and gender-nonconforming respondents reported experiencing the highest rates of discrimination and barriers to care. Transgender and gender-nonconforming respondents reported facing barriers and discrimination as much as two to three times more frequently than lesbian, gay, and bisexual respondents.

In nearly every category, a higher proportion of respondents who are people of color and/or low-income reported experiencing discriminatory and substandard care.

Respondents reported a high degree of anticipation and belief that they would face discriminatory care and such concerns were a barrier to seeking care. Overall, 9 percent of LGB respondents are concerned about being refused medical services when they need them, and 20 percent of HIV+ respondents and over half of transgender and gender-nonconforming respondents share this same concern.

Even worse, the survey respondents had higher proportions of people with advanced degrees, higher household incomes, and better health insurance coverage than the LGBT community in general. Since these factors tend to improve access to care, this means the report likely understates the barriers to health care experienced by all LGBT people and those living with HIV.

Things that people can do to improve the conditions documented by this survey include:

• Educate themselves and health care providers about the rights and needs of LGBT and HIV+ patients.
• Advocate for improved laws and policies.
• Use existing mechanisms that are appropriate, such as medical powers of attorney and other legal documents, to create as much protection as possible for themselves and their loved ones.
• Fight back when discrimination occurs, including reporting discriminatory practices, sharing stories, and contacting advocacy organizations and/or attorneys.
  

The report is a tough read, but it has a lot of good information. You have to identify the problem before you can fix it, and this report does an excellent job of chronicling many of the issues in health care.

Act Now: ENDA Lobby Day, 3/16

On Tuesday, March 16, the National Center for Transgender Equality is sponsoring a lobby day specifically for the national Employment Non-Discrimination Act (ENDA) in Washington, DC. LGBT people and allies from around the country who support ENDA will be there, and we need folks from North Carolina.

It is particularly important to ENDA that people attend from the eight states in which Senators are on the fence, including North Carolina, where Senator Kay Hagan is still undecided. These states include:

• Alaska
• Arkansas
• Florida
• Indiana
• North Carolina
• North Dakota
• Ohio
• West Virginia

There will also be a policy conference, lobby training, and phone bank on Sunday and Monday, March 14 and 15. Registration for all of this is free.

ENDA is closer to passing than ever before.

The House has enough votes (223 likely yes votes, which is five more than a majority). There are 29 unconfirmed votes, many of which will probably be favorable.

Here's where our Reps stand (brought to you by the "Inclusive ENDA" Facebook Campaign):

	Definite Yes	Probable Yes	Probable No	Definite No
NORTH CAROLINA
G. K. Butterfield		x
Bob Etheridge		x
Walter B. Jones			x
David E. Price	x
Virginia Foxx			x
Howard Coble				x
Mike McIntyre			x
Larry Kissell		x
Sue Wilkins Myrick			x
Patrick T. McHenry			x
Heath Shuler			x
Melvin L. Watt	x
Brad Miller	x

The Senate, however, is missing a few votes. There are 55 likely yes votes (again, five more than a majority), but 60 votes would be needed if there were a filibuster.

That's where the list of states above come in. Senators in those states - including, surprisingly, our Senator Kay Hagan - are unconfirmed. Based on their previous positions they may support ENDA, but only if people from their states talk to them in sufficient numbers.

Here's info on Senators (also brought to you by the "Inclusive ENDA" Facebook Campaign):

		Unconfirmed	Confirmed no
Richard Burr (R-NC)	NC		x
Kay Hagan (D-NC)	NC	x

To make federal employment nondiscrimination happen, we need to have North Carolinians there at ENDA Lobbdy Day.

Travel can be expensive, though, but Dr. Julian T. Weiss of the Bilerico Project is willing to help folks get there.

"If you would like to come to DC for the lobby day, and you are unemployed because of sexual orientation or gender identity discrimination, and you are from one of these crucial states, I think our community should help get you there. After all, you are the ones who need this legislation. I have talked to some people who are behind ENDA 100%, and ready to put their money where their mouth is."

"If you would like to come to DC for the lobby day, and you currently reside in one of the states listed above, and you are currently unemployed because of sexual orientation or gender identity discrimination, send an email to me at jillian@bilerico.com describing your situation and how your presence in DC for the lobby day would make a difference for your US Senator."

"I cannot guarantee that we will be able to accommodate you, but I will make every effort to accommodate all those whose presence would make a difference. Please be as specific as possible in your email about how your presence would make a difference. Include your name, email address and telephone number. The subject line should read "DC LOBBY DAY ASSISTANCE REQUEST." Please send your email no later than March 5, 2010."

Not only is this the best chance for ENDA to pass than we've ever had before, but this is also an amazing opprotunity to individually, directly affect an important piece of national legislation.

What's In A Name?

Names have power, and that's especially true for the LGBT community in general. A name is how we identify ourselves, and it's also a tool for affiliating with others.

I know many couples who have changed their last names when they had an official ceremony to formalize their symbolic union.

Naming was important for me and my partner when we adopted our son. Giving him a hyphenated last name has made a lot of casual interactions much easier - he's now automatically affiliated with both of us, simply by dint of sharing our last name.

Names are particularly significant for the trans community. For many trans folks, a legal name change is a first step towards having their legal identities conform to the way they self-identify, as well as the first step towards living their lives authentically.

Securing a legal name change can be an intimidating experience, however, involving interactions with the court system and possibly multiple judges, an experience that is foreign to many people (and onerous to all). It can also involve a significant expense, as well as a serious commitment of time and effort. Until you've done it, it's difficult to understand how hard a process like this can be.

Stories have power, too, and the stories of people who have gone through this process help enlighten the public. The New York Times featured a great article on a program for New York trans residents, the Name Change Project of the Transgender Legal Defense and Education Fund.

Reading about the travails of other folks in the LGBT community help remind us of our common struggles, as well as broaden our understanding of what other folks are dealing with.

Shakespeare is known for encapsulating universal experiences. As is observed in Romeo and Juliet, "Thou art thyself ... retain that dear perfection."

The love that dare not speak its name would smell as sweet ....

I Want Total Justice and Inclusion for All Trans Persons

by ENC supporter Kyle B. as part of ENC's "I Want" initiative. Crossposted from his blog.

Equality NC is running a campaign called "Picturing Equality" wherein people submit pictures holding a sign of what they hope will be accomplished in whole or in part this year. That is my entry, but what do the words really mean?

The plight of the trans individual in our modern world is so broad that it's very hard to pinpoint into one single idea. In a developed nation, they may feel that it is hard to come out, live as themselves, find proper care to assist in transition, find a welcoming workplace, or just get basic love and support from those around them. In a developing nation, it is almost an act of suicide to attempt a name change or walk down the street in their gender's clothes. Simplistic as those lists are, they are valid global concerns and must be addressed.

Justice to me means full liberty, complete availability of resources and support, and no unnecessary scrutiny. No person should fear savage beatings and rape, occupational discrimination, or constant doubt and defiance. No person should ever have to feel alone in their struggle, and there should always be somewhere or someone to go to regardless of socioeconomic status should a person ever feel that way. This should be universal, trans persons should not merely be lucky to be in a specific area or require an expensive move to have access to quality care and support.

Those that would transgress against a trans person for the mere fact of their gender identity or expression should be dealt with in the manner in which it is most fitting. Nobody should be able to get a pass on transaggression and violence simply due to our cultural standards of binary gender classification. This applies not only to the common thug on the street, but to the organizations that promote themselves as gender or queer oriented that have repeatedly ignored the trans community outright or in pursuit of their own goals.

Inclusion does not only refer to social inclusion, it also refers to full inclusion into the concerns, campaigns, and activities of the larger queer community. We can't afford to leave some of us behind while we fight for our own rights. We can't relish in the winning of marriage equality for gays and lesbians when Brazilian transwomen of color are still being beaten and killed for their gender identities. Nothing we do can wantonly ignore that or any of the other acts of anti-trans violence that are still occurring present day, and if we do we can count ourselves no better than those we fight against.

I want to speak to the usage of the word "all" in that sign, because it is important to highlight just how much class has an effect on the issues I'm discussing. All is not just the rich among us, those of us who can afford to move to more accepting areas, pay for elective surgeries, and wait around on just the right job to allow ourselves to really thrive. All is everyone, every single person who goes through the trauma of discovering they are not like everyone else and must now become true to themselves before it destroys them. Every person who grows up thinking they are a mistake in one way or another. Everyone who fights internally and/or with others just for the privilege of being themselves. We all deserve to be who we are, and we all deserve access to the resources that will help us get there without fear of repression, violence, or exclusion.

That is what I Want.