Currently seventeen states, with Maryland soon to become the eighteenth, and the District of Columbia provide for protections to transgender individuals representing 47% of the country. In Maryland, four jurisdictions, Baltimore City, Montgomery County, Howard County and Baltimore County previously established laws to provide protections for transgender individuals.These jurisdictions represent 47% of the state’s population.
Injustice at Every Turn, the 2011 survey conducted by the National Gay and Lesbian Task Force in conjunction with the National Center of Transgender Equality, found that 71% of Maryland participants reported experiencing harassment or mistreatment on the job, while 42% experienced an adverse job action, such as being fired, not hired, or denied a promotion. Additionally 12% of respondents had a household income of $10,000 or less, compared to 4% of the general population. These are clear, persistent and overwhelming examples of discrimination against transgender Marylanders which deny them the opportunity to fully participate in public life, a life other Marylanders receive. The non-establishment of codified protections in the State of Maryland for individuals based on their gender identity and/ or expression will leave some Marylanders without full and equal protection which are afforded most other Marylanders.
Injustice at Every Turn, the 2011 survey conducted by the National Gay and Lesbian Task Force in conjunction with the National Center of Transgender Equality, found that 71% of Maryland participants reported experiencing harassment or mistreatment on the job, while 42% experienced an adverse job action, such as being fired, not hired, or denied a promotion. Additionally 12% of respondents had a household income of $10,000 or less, compared to 4% of the general population. These are clear, persistent and overwhelming examples of discrimination against transgender Marylanders which deny them the opportunity to fully participate in public life, a life other Marylanders receive. The non-establishment of codified protections in the State of Maryland for individuals based on their gender identity and/ or expression will leave some Marylanders without full and equal protection which are afforded most other Marylanders.
In Macy v. Holder, the Equal Employment Opportunity Commission handed down a ruling in
favor of Mia Macy, a transsexual woman denied a position the Bureau of Alcohol,
Tobacco, Firearms, and Explosives after disclosure in a background check showed
Ms. Macy was transitioning from male to female. She was prior to discovery of
that fact, been promised the position
over the phone pending the background check. The EEOC stated
“[T]he Commission hereby clarifies that claims of discrimination based on transgender status, also referred to as claims of discrimination based on gender identity, are cognizable under Title VII’s sex discrimination prohibition….”
The scope of
the EEOC ruling providing protections to workers is limited. It is also an
administrative ruling and as such subject to change. It is but a tool to seek a
remedy. Real protections happen when statutory law is implemented fully including
the enforcement vehicle. In Maryland, that vehicle is the Maryland Commission
on Civil Rights. Having spoken to MCCR’s General Counsel, Glendora Hughes
concerning MCCR pursuing claims after the Macy decision, she assured me until gender identity is added
to the Annotated Code of Maryland, her office will not take claims based on gender identity discrimination. I have also spoken
to the Executive Director of MCCR, Cleveland Horton specifically about the implementation
of the Fairness for all Marylanders Act, and they are prepared to take a lead
role in that charge.
Opponents to
codifying protections into law have stated as their primary oppositional claim that such laws will open sex segregated spaces up to predators and cause
increases in rapes and assaults by men against women. In Maryland the first jurisdiction to pass
protections for transgender residents was Baltimore City in 2002. There was no
opposition as this City ordinance passed without any attention from opponents.
However, by the time Montgomery County passed a bill to provide protections in
2007, opposition had formed and their narrative had been developed. The claim presented by opponents to gender
identity protections in Maryland, state that men will be allowed in the lockers
and restrooms with women. Furthermore that such encounter will produce
increases in sexual assaults. Dr. Jacob claims assaults by strangers in bath
rooms will rise.
In 2012, Dr
Jacobs while testifying in opposition to the Baltimore County ordinance, continued with her claim that 4 sexual assaults were committed in Montgomery County since the successful passage of their non-discrimination ordinance. Fortunately, Montgomery County Police Chief, J.
Thomas Manger, provided a letter to the County Council in which he stated
“I am writing to clarify information that has been brought to my attention regarding alleged sexual assaults in Montgomery County. It was brought to my attention that there is an allegation stating that since the Transgender Law was passed in our county we have experienced four (4) rapes by men dressing as women and lying in wait for their victims in ladies restrooms.
The Transgender Bill was passed by the Montgomery County Council on Tuesday, November 13,2007, and it became law shortly thereafter. Since this law has been in effect, we have had no reported rapes committed in restrooms by men dressed in women's clothing.”
How prevalent
should the “predator” claim be, if what is being alleged is true?
According to
the US Bureau of Justice
statistics the percent of sexual assault committed by a stranger was 26%. In 2010 the total reported cases of rape/sexual assault were 188,380.
This means approximately 49,000 sexual assaults were the sort which Dr. Jacobs
claims. However, remembering back to the statistics in reference to how much of
the country is currently covered by laws protections people based on gender
identity, only 47% of the county is covered. So Dr.
Jacob’s claim could only have weight on approximately 23,000 of these reported
cases.
Statistics
suggest that with approximately 23,000 sexual assaults potentially happening in 47% of the country where gender identity laws exist;
there will be examples of assaults specifically attributed to any alleged “loop hole” or "flaw" in such bills. To date, no true cases can be cited. If there was just a
one-tenth of one percent spike because the claim might be true, we could find
23 cases per year. These laws have been on the books since 1975. There should be literally hundreds of incidents. We wouldn't even be having this conversation if there were. The lack of
verifiable evidence and no strong argument for making claims that gender
identity laws will threaten the security of women and girls in sex segregated
spaces demands we reject this false claim, once and for all.
Don’t give into the fear and the misinformation, don’t sign that petition.
Visit FairnessFacts.com to get the FACTS about the Fairness For All Marylanders Act.
Visit FairnessFacts.com to get the FACTS about the Fairness For All Marylanders Act.
