POLL: Huge Majority Supports LGBT Workplace Equality

A new poll commissioned by Human Rights Campaign confirms that the vast majority of Americans believes that employment discrimination on the basis of sexual orientation or gender identity should be illegal.

The poll found a vast majority (77 percent) of voters support protecting LGBT people from discrimination in employment.  The support for employment protections defies conventional political wisdom, reaching across party and ideological lines.  Seventy percent of self-identified Republicans and 67 percent of conservatives support anti-discrimination laws.  Support is strong even among groups who tend to be less supportive of LGBT issues, such as seniors (69 percent among voters over age 65), those with a high school degree or less (68 percent), observant Christians (77 percent), born-again Christians (74 percent), and residents of the Deep South (72 percent). 

In a finding showing a need for more public outreach and education for employment non-discrimination laws, most voters believe anti-discrimination laws already exist.  Eighty-seven percent of voters believe it is illegal under federal law to fire someone for being gay and 78 percent believe it is illegal under state law.  Even in states without anti-discrimination laws, 75 percent of voters think it is illegal under state law to fire someone for being gay or lesbian. 

Of course there is pending federal legislation called the Employment Non-Discrimination Act which would actually make the law comport with what most people believe the law is already: illegal to fire workers because they are LGBT.

But it is absolutely unlikely to pass Congress while the Republicans control the majority of the U.S. House.

MA: Transgender Rights Bill Passes Legislature

The Massachusetts House passed the Transgender Civil Rights Bill 95-58 and the Senate passed it on a voice vote this week.

The Rainbow Times reports:

The measure, adopted by the House last night, passed the Senate by a voice vote this morning.  Governor Deval Patrick has indicated he will sign the bill into law. It would go into effect July 1, 2012. 

The transgender civil-rights bill would add protections based on “gender identity” to the statutes banning discrimination in employment, housing, education, and credit. It would also add gender identity to current hate-crimes laws. 

The measure, however, does not include protections for public accommodations, such as hotels and restaurants, restrooms, locker rooms, public buildings and transit, including subway and bus lines. 

That omission bothers a lead sponsor of the bill, Representative Carl M. Sciortino, Jr. (D-Medford). But he said, the bill is a step forward  “It makes sure that people who have faced violence and discrimination have legal remedy.”

Massachusetts will become the 16th state to include protections for transgender people from discrimination into law. Curious that this is happening more than 7 years after the state embraced marriage equality. Better late than never.

It's also a big deal that public accommodations are not included in the bill, but hopefully that will happen in the near future.

POLL: Americans Supports Trans Equality

There is excellent news about a new poll which bolsters the case for strong transgender civil rights protections.

The Public Religion Research Institute concluded:

Overwhelming majorities of Americans agree that transgender people should have the same general rights and legal protections as others.*

·              Approximately 9-in-10 (89%) Americans agree that transgender people deserve the same rights and protections as other Americans.

·                     Overwhelming majorities of all major religious groups agree that transgender people should have the same rights and protections as other Americans, including approximately 8-in-10 (83%) white evangelical Protestants, and roughly 9-in-10 Catholics (93%), white mainline Protestants (90%), and the unaffiliated (95%).

·                     Overwhelming majorities of Republicans (86%), Independents (94%), and Democrats (92%) also agree.

·              More than 8-in-10 (81%) Americans agree that legal protections for gay and lesbian people should also include transgender people.

Approximately three-quarters of Americans both say Congress should pass employment nondiscrimination laws to protect transgender people, and favor Congress’s recent expansion of hate crimes legislation to protect transgender people.

·              Three-quarters of Americans agree that Congress should pass laws to protect transgender people from job discrimination.

·                     Solid majorities of every major religious group agree that Congress should pass laws to protect transgender people from job discrimination, including nearly two-thirds (65%) of white evangelical Protestants.

·                     A majority (55%) of Republicans agree that Congress should pass laws to protect transgender people from job discrimination, as do overwhelming majorities of Independents (79%) and Democrats (86%).

·              Approximately three-quarters (74%) of Americans also favor Congress’ recent expansion of federal hate crime laws to include crimes committed on the basis of the victim’s gender, sexual orientation or gender identity, compared to only 22% who oppose.

·                     Solid majorities of every major religious group favor Congress’ recent expansion of hate crimes legislation to include gender identity. White evangelical Protestants demonstrate the lowest support, but nearly two-thirds (64%) of this group favor including gender identity in hate crimes laws.

·                     A majority of Republicans (56%) and approximately 8-in-10 Independents (79%) and Democrats (84%) also agree.

Approximately two-thirds of Americans both report being well informed about transgender people and issues, and generally understand what the term “transgender” means.

·              Two-thirds of Americans agree that they feel well informed about transgender persons and issues, while 3-in-10 disagree.

·              In order to determine whether Americans understood the term “transgender,” PRRI conducted a follow-up survey in September 2011 that asked respondents to report what the term “transgender” meant to them in their own words. Among the 91% of Americans who report that they have heard of the term transgender, 76% give an essentially accurate definition. Thus, overall, more than two-thirds (69%) of Americans are able to identify what the term “transgender” means without any assistance.

·                     Forty-six percent define a transgender person as someone who switches from one gender to another, either generally (39%) or through a medical procedure (7%).

·                     Eleven percent define a transgender person as someone who lives like the opposite gender (6%) or identifies more with the opposite gender (5%).

·                     Ten percent describe a transgender person as someone who is born the wrong sex or born in the wrong body.

·                     Nine percent define a transgender person as someone who has identified with both genders.

·              The following are examples of verbatim responses:

·                     “A person who feels like they are more like the other sex”

·                     “It’s someone born one sex, and they think they’re another”

·                     “Generally someone who thinks they are in the wrong body”

·              Eleven percent of Americans say that they have a close friend or family member who is transgender, compared to 58% who say that they have a close friend or family member who is gay or lesbian.

#FAIL! No Referendum On FAIR Education Act

Well, well! The heterosexual supremacists at StopSB48.com have officially admitted that they have failed to collect enough signatures to place a referendum on the enactment of the FAIR Education Act on the 2012 ballot.

This is great news because despite the hysterical pleadings of StopSB48.com and the (mostly religious) professional homophobes who supported the signature gathering campaign, all the bill would do is make sure that the contributions of LGBT citizens are included when the historical contributions of other marginalized groups are also taught. This is what our opponents call "the homosexual agenda."

Gov. Brown Signs Two Bills Outlining Transgender Protections

The legislative session in California has come to a close and Governor Brown is busy signing or vetoing bills that made it through the Democratically controlled legislature.

Two bills that are of great interest to the LGBT community are Assembly Bill 433 and Assembly Bill 887.

The Transgender Law Center trumpeted the enactment of the bills into law (and explained what they do):

These laws have been years in the making.  Through our statewide survey of almost 650 transgender Californians, the 1,200 calls that our legal team receives annually and our conversations with you at events around the state, we discovered two problems that continued to resurface: We found that California's nondiscrimination laws were often not accessible to those who needed them the most. Employers, health care providers, housing authorities - even transgender and gender non-conforming people - were unaware that it is illegal to discriminate against transgender Californians. Our legal rights were hidden within the definition of "gender", leaving many people in the dark about their rights, and many institutions out of compliance responsibilities. This had an especially severe impact on low-income and trans communities of color who tend to face employment discrimination at higher frequencies within transgender communities.   We heard from many transgender people who were unable to change their birth certificates and other identity documents due to financial and medical barriers. Onerous and outdated standards for court-ordered gender changes created unfair and damaging barriers that disproportionately impacted trans people of color, immigrant trans people, low-income trans people and others who could not overcome the many hurdles to securing basic identity documents. These are identity documents we all need to work, travel, and be our authentic selves. With the help of your input and our partners at Equality California and GSA Network, we came up with two legislative solutions to these problems. The Gender Nondiscrimination Act (AB 887) takes existing protections based on gender and spells out "gender identity and expression" as their own protected categories in our nondiscrimination laws. By making these protections explicit, people will more clearly understand California's nondiscrimination laws, which should increase the likelihood that employers, schools, housing authorities, and other institutions will work to prevent discrimination and/or respond more quickly at the first indications of discrimination. The Vital Statistics Modernization Act (AB 433) will alleviate the confusion, anxiety and even danger that transgender people face when we have identity documents that do not reflect who we are. The bill will streamline current law and clarify that eligible petitioners living or born in California can submit gender change petitions in the State of California. The Vital Statistics Modernization Act conforms California's standards to the standards set by the United States Department of State for gender changes on passports, and it makes common-sense changes to the law that ensure the process is simple for qualified petitioners to navigate.

It should be noted that California law already prohibited discrimination against transgender individuals but because the words "gender identity" or "gender expression" did not appear in the most common places in the California code lawyers would look these anti-discrimination protections were not well publicized or well-understood.

The new laws make it explicitly clear that California's non-discrimination laws also cover transgender residents.

Largest Private Employer In U.S. Adds Trans Protections

Well this is good news! The largest private employer in the United States (and 3rd largest in the world!) is Walmart, and they just recently announced that they have changed their discrimination policies to protect transgender employees.

According to the Windy City Times:

Big box retail giant Wal-Mart has added transgender protections to its employee non-discrimination policy.The protections include gender identity and gender expression said Phillip Keene, a company spokesperson.
Keene did not confirm when the new policy went into effect, only that the change was made "several weeks ago."
News of the new policy has not been widely publicized.
Sexual orientation protections are already a part of the company's "Discrimination and Harassment Prevention Policy."

Unless the Employment Non-Discrimination Act passes Congress and  is signed by the President , this is probably the largest expansion of job protections that will happen in  the Congressional term.

WATCH: Local TV Coverage of Anti-Gay Mistrial

The suspected mistrial in the McInerney trial from last night is confirmed. Apparently 7 jurors wanted voluntary manslaughter and 5 wanted murder and neither side was willing to budge to come to a unanimous verdict. Prosecutors have to decide whether to go through the cost and effort of a new trial or to offer a slightly less severe plea bargain. It does look like McInerney will spend at least several years in jail, at least. I personally would be happy with a sentence of 10-25 years.

I disagree with those who say that both young men were victims of bad circumstances. Bullsh*t! One of them is dead, killed at the hands of another, in a purely premeditated fashion. He needs to pay a severe price for such heinous actions.

SHAME: Hung Jury In Trial Of Gay Teen's Killer

Madness! Apparently the jury in the trial of Brandon McInerney for the killing of teen age Lawrence King who was widely perceived as gay (even though he was probably transgender) is unlikely to reach a verdict even though they have only been deliberating since last Friday.

The defense has released all sorts of information to paint the confessed killer in as a favorable a light as possible with the jury, including the fact that the fellow teenager was abused by his alcoholic and violent father (who is now dead). The defense has also put the onus on King, claiming that he was the aggressor in the relationship with McInerney, a "gay panic defense" which has sent LGBT blogs hissing with anger, and may be illegal under California law.

The Los Angeles Times reports:

Jurors weighing the fate of an Oxnard teenager accused of killing a gay classmate indicated Thursday that it is unlikely they will be able to reach a verdict in the high-profile case.

But the judge hearing the case indicated it is likely he will ask jurors to continue their deliberations, even though they have already taken votes – two of which were 8 to 4 and a third was 9 to 3. Jurors did not indicate whether they were leaning toward guilt or acquittal.

Jurors in the case, in which Brandon McInerney fatally shot 15-year-old Larry King in a junior high school computer lab, were ordered earlier Thursday to continue deliberating despite the failed votes.

If there’s a mistrial, it would bring to a close a trial that has been followed closely by gay-rights groups that have fought hard to protect gay and transgendered students from campus bullying.

But as the weeks of testimony continued and a more nuanced portrait emerged of what was happening at E.O. Green Junior High before the shooting, it also raised a host of thorny questions.

The prosecution says it was a calculated murder carried out in part because McInerney was exploring white supremacist ideology and didn't like homosexuals.

Defense attorneys painted a different picture, that of a bright but abused 14-year-old who snappedafter being sexually harassed by King.

Asked Thursday by Superior Court Judge Charles Campbell when it was possible the jury could reach a decision with more time, the forewoman of the panel said “I suppose it’s possible.”

She indicated, though, that it was seemed “unlikely” jurors would come to an agreement in the case.

Jurors also asked for a clarification in jury instructions pertaining to “what is a person of average disposition” and “what does it mean to act rashly.”

The jury began deliberating Friday, weighing eight weeks of testimony in a trial that included nearly 100 witnesses. Many of those testifying were students and teachers at E.O. Green Junior High School in Oxnard who saw tensions on campus rising after King began coming to school dressed in makeup and girl's boots.

If it is true that the jury is unable to reach a verdict and McInerney will not face any criminal sanctions that will be a devastating loss for LGBT youth in California and around the country.

Hat/tip to TowleRoad.

CA Legislature Passes Gender Equality Bill

Excellent news from California. Although our state already has the strongest LGBT protections available under state law in the country, there are always was to improve. The State Senate put the last touches on AB 887, the Gender Non Discrimination Act, authored by out lesbian Assemblymember Toni Atkins of San Diego, by passing it by a vote of 25-13 this week.

San Diego Gay and Lesbian News reports:

AB 887 protects all Californians. No matter your skin color, your age, where you come from or whether you're gay, straight, or transgender, we are all protected by the same rights," Atkins said. 

"We share equal protection in employment, housing, and education. This bill ensures that no one is left out."AB 887 seeks to strengthen employment, housing, and other civil rights protections for all Californians, particularly those who face discrimination based on gender identity and expression. 

While California anti-discrimination laws already define "gender" to include a person's gender identity and gender expression, AB 887 explicitly enumerates gender identity and expression as protected categories in a number of state codes to provide clarity to those who are victims of unlawful discrimination as well as for business owners, employers and other entities required to comply with the anti-discrimination protections.

I presume Governor Jerry Brown will happily sign the bill into law soon.

WATCH: Amazing Transgender Rights Ad From Argentina

Update on Brandon McInerney Gay Hate Crime Trial

Gay Teen Murder Defendant's Brother Talks About Testimony: MyFoxLA.com

The murder trial of Brandon McInerney is continuing in Chatsworth and there have been some explosive testimony since last we checked in. 14-year-old McInerney, now 17, fatally shot his 15-year-old classmate Lawrence (Leticia) King twice in the head on February 12, 2008 when both boys attended E.O. Green Junior High School in Ventura County, California. McInerney is being tried as an adult (which I do not agree with) and is being charged with first-degree murder in a trial that began July 5, 2011.

The latest revelations are that Brandon McInerney was apparently repeatedly physically and sexually abused by his father.

Brandon McInerney was molested by a relative as a boy, a family secret that his older half brother didn't learn until two weeks after McInerney shot a gay classmate to death in February 2008, the half brother told jurors in a Chatsworth courtroom Wednesday.

James Bing testified that McInerney’s father cried hysterically as he revealed the molestation that occurred when Brandon was about 9 years old.

The older McInerney was upset because the family had dealt with the problem internally, sending the relative away for years, instead of reporting it to police and getting Brandon help, Bing told the courtroom.

McInerney’s father, who is now dead, believed the memory of the molestation was what caused his son to react so violently when Larry King began dressing like a girl and flirting with McInerney at their Oxnard junior high school, Bing said.

[...]

When McInerney’s father died in 2009, coroner's officials found alcohol and drugs in his system. Bing said his stepfather was frequently high on drugs and was sadistic.

He once put soap into a sock and beat the boys with it for an offense that later turned out to have been committed by someone else, Bing testified.

Billy McInerney poured Tabasco sauce down's the boys' throats when they were sleeping and would pull down their pants in front of their friends, disparaging the size of their genitals, Bing said.

"He was a mean, nasty person,'' Bing said.

How convenient that the alleged sexual molestation was never reported to anyone else outside the family so it will be different to corroborate. James Bing is Brandon McInerney's half-brother (same father different mother) and is the person speaking in the video given at the top of this post. If I were a juror I would take the testimony of a family member of the accused with more than a grain of salt.

What would you b willing to tell the court if a member of your extended family was accused of a crime for which they faced 53 years to life in prison if found guilty?

MAP: Sexual Orientation & Gender Identity Discrimination in U.S.

This map is what the state of play in sexual orientation and gender identity discrimination in employment looks like in the various states as of March 2011. There are 29 states that have no protections for LGBT people in employment in any way (so your boss can say, "I'm firing you because you're a fag!") and you have no recourse what so ever.

As of July 6th, there are now 15 states which ban discrimination on the basis of gender identity, and there are 21 which ban employment discrimination on the basis of sexual orientation or gender identity (all the states which ban gender identity discrimination also ban sexual orientation discrimination). The six states which do not overlap are: New York, Wisconsin, New Hampshire, Massachusetts, Maryland and Delaware. (One should note that 3 of these 6 states have already enacted marriage equality!) Wisconsin is  ahead scratcher because they passed sexual orientation non-discrimination way back in 1982, the first state in the country to do so. There was gender identity nondiscrimination legislation pending  in New York and Maryland which died when those legislative sessions ended this Spring.

The Employment Non-Discrimination Act (ENDA) would prohibit employment discrimination nationwide on the basis of sexual orientation or gender identity. Significantly, A version of ENDA (without gender identity protection, thus some people called it "SplENDA") passed the U.S. House under Democratic control in 2007 but failed to be brought up for a vote in the 2009-2001 111th Congress. With Republicans in majority control of the U.S. House it is very doubtful that ENDA will pass that body in the 2011-2013 112th Congress.

CT Gov Signs Transgender Rights Bill Into Law!

Democratic Governor Dan Malloy

Democrats have full control of the legislature and governor's office in Connecticut and one of the most important bills that has been acted recently is a bill to include transgender people in the state's civil rights laws prohibiting discrimination. (Note the state has had marriage equality since 2008!)

Raw Story has more details about HB 6599 which Mallow signed into law on July 6, 2011.

The new law adds the phrase "gender identity or expression" to all existing state sex discrimination laws, making Connecticut the 15th state to specifically protect transgender people. 

Anything under authority of the state's Commission on Human Rights and Opportunities is subject to the new rules, including employment, housing, public accommodations and credit. 

"An Act Concerning Discrimination" -- or HB-6599 -- defines "gender identity or expression" as follows: 

a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose.

The law will go into effect on October 1, 2011 and Connecticut will become the 15th state to ban transgender discrimination, not just in employment but in the areas of most traditional civil rights laws such as housing, credit, public accommodations and education.

With full Democratic control and since the state now has basically almost every LGBT protection imaginable I would hope the next bills Connecticut enacts are progressive priorities like an increase in the minimum wage and same-day voter registration (and restitution of voting rights for felons after they have served their time).

UN Passes Historic Resolution On LGBT Rights

The United Nations has passed a landmark resolution acknowledging that LGBT rights are human rights. The  United Nations Human Rights Council has formally adopted the resolution I blogged about earlier by a vote of 23 in favor, 19 opposed and 3 abstentions (very close!).

The list of which countries voted which way is provied by TransGriot:

The UN resolution passed with 23 countries voting in favor, 19 countries against and 3 countries abstaining

The nations voting YES were: Argentina, Belgium, Brazil, Chile, Cuba, Ecuador, France, Guatemala, Hungary, Japan, Mauritius, Mexico, Norway, Poland, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, Thailand, UK, USA, Uruguay.

The nations voting NO were:  Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.

Abstentions: Burkina Faso, China, Zambia

Absent: Kyrgyzstan, Libya (suspended)

The resolution text includes (pdf):

Expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity

1.  Requests the High Commissioner to commission a study to be finalised by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity;

2.  Decides to cenvene a panel discussion during the 19th session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and lractices and acts of violence against individuals based on their sexual orientation and gender identity;

3.  Decides also that the panel will also discuss the appropriate follow-up to the recommendations of the study commissioned by the High Commissioner;

4.  Decides to remain seized of this priority issue.

Note that the United States voted in favor of the resolution, which was sponsored by Brazil and South Africa. Recall that, the next time some idiot tells you it doesn't matter if Obama or a Republican is President.