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An Online Magazine in the Reality-Based Community.

Virginia's new state employment nondiscrimination bill is trans-inclusive

by: Hypatia

Mon Jan 21, 2008 at 23:29:28 PM EST


On January 18, the last day for filing, Del. Adam Ebbin introduced HR 1493 in the Virginia House of Delegates:
Nondiscrimination in state public employment. Prohibits discrimination in state government employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Act of 1974.

The first thing I noticed was the conspicuous absence of gender identity protection. But looking at the language of the bill, gender identity is specifically included under the definition of "sexual orientation."

The relevant part of the bill:

no state agency, institution, board, bureau, commission, council, or instrumentality of the Commonwealth shall discriminate in employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Act of 1974, as amended.

"Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. This definition does not protect any person whose attraction is towards persons with whom sexual conduct would be illegal due to the age of the parties.


It would be very good news for LGBT rights in Virginia if this bill passed, so please support Equality Virginia as we go to Richmond this week to lobby for HR 1493.
Hypatia :: Virginia's new state employment nondiscrimination bill is trans-inclusive
Seth Croft, a field organizer for Equality Virginia, told me:
We worked with the Task Force's Transgender Policy Researcher  to develop the strategy to subdefine sexual orientation to include gender identity.  We're hoping that this strategy will also prevent any of the problems that ENDA faced at a national level.

It caught me by surprise, as I'd never seen the legal definition of "sexual orientation" used this way before. A new twist in transgender rights strategy? Seth also wrote to me, "...we've gotten a lot of questions about this."

I just wish it covered all workers, why does it have to only cover state employees?

Tags: , , , (All Tags)

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Sort of (0.00 / 0)

"It caught me by surprise, as I'd never seen the legal definition of 'sexual orientation' used this way before. A new twist in transgender rights strategy?"

Sort of.

The oldest trans-inclusive laws included the trans-protections as part of the definition of 'sexual orientation.'  One can find this in the 1975 Minneapolis ordinance as well as the 1979 Los Angeles ordiance and 1993 Minnesota state law (both of which were based on the 1975 Minneapolis ordinance.)  However, neither the T-word nor 'gender identity' appears as part of the T-inclusive language.  Some of the more recent trans-inclusive state laws have also included the trans protections within the definition of 'sexual orientation' but have actually used some combination of T-words or 'GI/E'.

Kat



>^..^<

Colorado's ENDA did it that way (0.00 / 0)
In Colorado, in the definition of Sexual orientation the authors used the term "Transgender Status". Once it's there, that's what counts, the rules relating to it can be adjusted from there. Karen  

I believe... (0.00 / 0)
that Maine worded it like that as well.

Not so new (0.00 / 0)
Including transgender into the definition of sexual orientation in policies (both legislative and organizational) has been a more common practice. It is especially useful in hostile areas where SO is barely palatable and trans language is almost unthinkable. And it tends to go through easier.

You also sometimes see SO and/or trans language written into the definition of gender in a state or organizational policy. It is another way to deal more covertly with these charged issues.


Oregon has defined gender identity as a part of sexual oreintation too. (0.00 / 0)
The Oregon Legislature (with a newly elected Democratic majority and some bipartisan support), over very vocal opposition, passed Senate Bill 2 (The Oregon Equality Act) and  Governor Ted Kulongowski (D) signed the bill into law last summer. The Oregon Equality Act took effect January 1, 2008 after surviving a failed petition referendum.

The Oregon Equality Act defined "sexual orientation" to include gender identity and gender and expression.

When the Oregon Equality Act took effect, it redefined every mention of sexual orientation in all pre-existing and future Oregon laws to include gender identity and gender expression.

The Oregon Equality Act not only made discrimination based on sexual orientation in employment, housing, public accommodation, etc illegal, but also changed the Hate Crimes statutes as well.

Including gender identity and gender expression in the legal definition of sexual orientation is not exactly a new twist. I believe one other state had done this prior to Oregon.


Thanks (0.00 / 0)
I knew about the transgender rights legislation in other places, but hadn't been over the legislative history of each one. Thanks to everyone for filling me in on the background of this idea. Since it's proven successful in the past,I'm glad Virginia is trying it. HR 1493 is meant to perpetuate Governor Kaine's executive order for nondiscrimination in state employment which he issued on his first day in office. This is to keep it past the end of his single term.

 


[ Parent ]
Other states that are trans-inclusive within the definition of sexual orientation (0.00 / 0)
Illinois as well.

This is another of those instances where obfuscation is a double-edged sword. Trans people and gender-nonconformers get necessary coverage, yet the population as a whole, and even some members of the LGB community, don't get to see and understand trans persons in their own right. So they wonder where we've been, and claim we haven't been doing our homework, and drop us when we can't hide behind an asterisk because they are unaware of all the other asterisks out there.

It is a difficult issue, and one which is "solved" on a case-by-case basis, for better or worse.

Dr. Dana


This actually is an interesting strategy... (0.00 / 0)
...structuring the "definitions" section of the bill as they have.  I hope it works.

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