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Wednesday, May 18, 2011

In Montana Victory; But Tennesse Falls.

Like I said in a previous post I am a Californian transgender woman ,and as I am learning as I develop this blog ,very fortunate. The Law here in California maybe vague; But the workplace protections are there. What about the states where gender identity and expression aren't protected? Was there a movement toward protection for transgenders in the workplace?. So I chose at random from the thirty eight states that don't have workplace protection for transgenders and my finger landed on Montana..


Hopeful and terrible discoveries rapidly followed. Hopeful discovery : Missoula , Montana had gone ahead of the state and passed it's own non-discrimination ordinance which  prohibited  discrimination based on gender identity and expression. Terrible discovery : The states' response was to propose legislation that would prohibit the passage of any ordinance  that would give protections to any class that wasn't already in Montana's "Human  Rights Act". Ironically, but not surprising,The "Human Rights Act " does not include gender identity and expression.

While researching the developments in Montana, I came across  a striking parallel . Tennessee like Montana  does not prohibit discrimination based on gender identity and expression. The city of  Nashville had passed an ordinance that included protections for gender identity and expression . The response of the state of Tennessee? Propose legislation that would prohibit cities from having tougher discrimination laws than the state. See the similarity?

My initial response was rage;The sheer animus galled me. Two States were willing to strong arm their cities so that a minority could continue to be legally discriminated against. Then my reason re-asserted  itself and it all became clear: We transgenders are  the catalysis for the new chapter of  the civil right struggle. What was happening in Montana  and Tennessee was  the opposing forces of progress and prejudice ducking  it out.

So what was the outcome? Did prejudice prevail or did justice flower?It was a draw. In Montana the bill went to the Assembly and passed . Lack of support in the Senate resulted in the bill being sent back to committee;There it died. The Bill in Tennessee passed the Assembly and Senate with little opposition and is now law.

What s my conclusion? Yes, the movement for work place protections for transgenders is alive in those States where there aren't  any protections currently; But so is the counter-movement of bigotry.

So Trans-Brothers and Sisters, the struggle continues....



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