Straight Americans understand the basic concepts of what it means to be a
transgender person, and are surprisingly supportive when it comes to many of
the fundamental issues of fairness and equal rights, according to an
important new study released at the end of September by the Human Rights
Campaign, a national gay, lesbian, bisexual and transgender lobby group in
Washington, DC.
Though the intent of the study was to measure
the general public’s attitudes towards transgender people, its greatest
impact—and source of controversy—may be how it affects the often rocky
relationship between gay and lesbian leaders and transgender activists with
respect to including protections for transgender people in proposed gay
rights laws.
It’s no secret that transgender leaders and
gay and lesbian leaders often butt heads on this volatile issue. The most
well- known, and on-going, battle is that of the federal Employment
NonDiscrimination Act, or ENDA, which would make it illegal to discriminate
in the workplace based on sexual orientation. The bill, which for years has
been struggling to get passed in Congress, does not include transgender
people, and has frequently been a point of raw tension between the
transgender and gay communities.
But ENDA is just the most high-profile
example of a widespread controversy around the country about the inclusion
of transgender people under gay-rights laws. Similar ENDA-like battles are
taking place at state and local levels—and causing much damage, infighting
and political ill will along the way.
To be sure, there remains a segment of the
gay and lesbian community that argues that transgender issues are separate
from gay and lesbian issues, and thus that transgendered people should not
be included in the larger gay and lesbian civil rights movement. But for the
most part, at least on the level of political leadership, the battle between
gay politicos and transgender activists is less one of an equal-rights
philosophy than a practical political strategy.
It is rare that a gay or lesbian political
leader will say that the transgendered should not be protected under the
law. Instead, gay and lesbian leaders who exclude the transgendered from
proposed gay-rights bills argue that including them makes it too difficult
to pass the laws at this moment in time. The public has grown comfortable
enough with gays and lesbians to protect them from discrimination, but still
gets skittish about what it often sees simply as men running around in lace
underwear and dresses in order to get their rocks off.
While a gay-rights law has a chance of
passing on its own, including language that covers transgender people is a
sure death-knell. That, anyway, is the often-presented argument against
including the transgendered in gay-rights proposals.
Not surprisingly, many transgender activists
take umbrage to this line of political reasoning. Rightly or wrongly, many
transgender activists feel the argument about political practicalities is
simply a smokescreen to keep them out.
The new study, titled “Public Perceptions
of Transgender People,” is strong evidence to counter the arguments for
excluding the transgendered from proposed civil rights legislation, many
transgender activists believe.
To make their case, they point to the
surprising acceptance exhibited by respondents of the HRC study. For
example, nearly everyone who took part in the scientifically designed survey
had heard the word “transgender,” and nearly 70 percent accept it is
possible to be “born as one sex but inside feel like the other sex.” And
74 percent said they would be “OK” working with someone who was
transgendered.
Public opinion towards the transgendered was
particularly high with respect to the core question of civil rights laws: 68
percent are in favor of hate-crimes laws that cover the transgendered, and
61 percent support laws that would make it illegal to discriminate against
transgender people at work.
“It’s always a rousing issue whether or
not to include transgender people in [proposed civil rights] laws,” says
Celinda Lake of Lake, Snell, Perry and Associates, the polling firm that
conducted the survey. “This data says that the public is supportive, and
that transgender people should be included.”
Indeed, several transgender activists I spoke
with called the report a stake through the heart of the argument for
excluding them. And they all agreed that the study would be used most in
their combat with gay and lesbian leaders on the issue of exclusion, rather
than as any tool to help them directly with the general population.
There’s no doubt that the biggest policy implication of this study is on
the relationship between gay leaders and transgender leaders, and how they
map out their political futures together.
But it would be naive of transgender leaders
to believe this report alone will change the minds and hearts of those who
worry about including transgender protections in gay and lesbian civil
rights laws.
Personally, I believe protection for
transgendered people should be included in any local, state or national
civil rights law, and I think those in the gay and lesbian community who
oppose it on philosophical grounds are not only short-sighted, but also are
blind to what our broad movement is about.
However, it would be too simplistic to paint
as “bad” or “prejudiced” anyone who raises questions about the
political viability of a bill that includes the transgendered. Transgender
activists themselves admit that public awareness is roughly ten years behind
public understanding and acceptance of gays and lesbians. Whether we like it
or not, the hard, cold fact is that there remains less understanding of the
transgendered than of gay and lesbian people in our society—a political
reality that is reflected many times over in other parts of the HRC report.
Furthermore, there can often be a big difference between how you can get the
public to think, and how you can get politicians to vote.
There
is little doubt in my mind that the fight between transgender and gay
activists over the inclusion of the transgendered in civil rights laws is
going to get louder and more acrimonious before it gets quieter.