Senator Rich Madaleno’s statement on HB 235: Human Relations - Sexual Orientation and Gender Identity – Antidiscrimination

FOR IMMEDIATE RELEASE Contact: Adam Fogel
(301) 858-3137
afogel@senate.state.md.us
March 3, 2011

Senator Rich Madaleno’s statement on HB 235: Human Relations - Sexual Orientation and Gender Identity – Antidiscrimination

I have been the lead sponsor or lead cosponsor of the Gender Identity Antidiscrimination Act for the past four years. In advance of the 2011 Session, I had a bill drafted that is identical to the bill I had introduced previously. This draft prohibited discrimination based on gender identity in employment, housing, and public accommodations. However, our advocacy coalition asked me to not introduce the bill, preferring a strategy of pursuing a House bill alone. This approach has not diminished my commitment to enacting these much needed protections, and I urge the House of Delegates to pass HB 235, with an amendment that prohibits discrimination against transgender individuals regarding public accommodations.

Providing transgender individuals with basic protections against discrimination is long overdue. Although much of the media attention this legislative session has centered on marriage equality, we cannot let that debate overshadow efforts to enact these essential protections. Protection against discrimination, including gender identity discrimination, is a basic human right. Our state laws must reflect the values of equality and equal opportunity – values that are central to who we are as Americans.

Now is the time for Maryland to join thirteen other states, Washington, D.C., Montgomery County, and Baltimore City in protecting individuals from discrimination on the basis of gender identity. In 2007, Governor O’Malley signed an executive order adding protections against discrimination to our state personnel policies. We now must pass a statewide law that protects transgender individuals from discrimination when seeking employment, housing, and public accommodations.

Incrementali-what?

To my friends who believe incrementalization is the answer.

It is NOT.

It establishes legislative intent that separate but not equal classes were the intent of the legislature in drafting the bill, preventing jurist interpretation which might otherwise provide protection not explicitly defined.

Additionally at a point when the very same House of Delegates is seeking redress to the public accommodations provision to include a private right of action well in excess of the current $500 "parking ticket" assessed by an Administrative Law Judge. That bill, HB285 FURTHER deepens the divide between the current protected classes(race, creed, age, sexual orientation, et al) and the legislatively proposed(HB235) subclass "gender identity"

No, backwards is not forwards in this case, nor is an acceptable path to the majority of transgender Marylanders who are willing to let HB235 die quietly, without publicly challenging our legislative sponsors, allowing them to save face, and report to their constituents they support LGBT rights.

There is but ONE acceptable solution to the transgender community of Maryland, short of amending HB235 to include public accommodations or letting it die. That solution is to amend HB235 to STRIKE sexual orientation from the public accommodations portion of Maryland's Annotated Code ( 20-302, 20-304, 20-401, 20-402).

With this measure, all members of the Gay Caucus and representatives of Equality Maryland must hold a joint news conference acknowledging their extreme sacrifice for the transgender community in Maryland, pledge to place themselves directly in the struggle for continued fights for FULL and EQUAL protections under the law. The transgender community of Maryland will completely engage with our legislative leaders and support their full legislative agenda, not this session, but future sessions as well.

In addition to these modifications, Equality Maryland needs to adopt a policy on diversity to include members of the community they purport to protect. This includes diversity in respect to all the current protected classes in Maryland in addition to gender identity and socio economic status. If a civil rights organization is to be seen as credible on issues, it must be of the people it seeks to protect.

Fairly simple, fairly equal.