Toby's Act Reintroduced For Fourth Time

I've been writing posts about NDP MPP Cheri Di Novo's attempts since 2007 to cover trans people's human rights in Ontario by adding gender identity and expression to the Ontario Human Rights Code via Toby's Act. 

It was named for Toby Dancer, a music producer and trans parishioner of DiNovo's who committed suicide a few years ago.  She has attempted three times to get this passed but it either has languished in the Ontario Legislature or has died due to the Legislature being dissolved for provincial elections..   

On February 21 DiNovo introduced Toby's Act at Queen's Park with members of the Trans Lobby Group in the house to observe what they and MPP DiNovo hope will be a successful effort to pass it this time.   It has support not only from the NDP, but Liberal MPP Yasir Naqvi and Progressive Conservative MPP Christine Elliott are also co-sponsors of Toby's Act.

"As a tri-party sponsored bill, it really has a good chance of success," DiNovo says in an Xtra interview.. "What I am hoping is it takes a much more direct method. The government can bring it in after first reading. Maybe they just need a nudge. So we are appealing to the premier and appealing to the cabinet to do the right thing and move on this."
 
Especially in light of the September 2011 case of blatant trans discrimination that blew up at the Trail's End Market in London, ON that garnered international attention and the recent Talackova case that highlights the need for Canadian trans citizens human rights to be protected..

If the federal government is going to be slow to act in terms of protecting the rights of Canadian trans citizens, then the provincial legislatures need to step up and act where the Conservative majority federal government won't.

Here's hoping that Toby's Act finally passes in Ontario and my trans cousins long wait for coverage under the Ontario Human Rights Code ends this year.

You Fight Injustice With The Advocates You Have

One of the things that is irritating me is hearing the comments coming from elements of the online trans peanut gallery who are criticizing the Jenna Talackova Los Angeles press conference her attorney Gloria Allred set up and Jenna's nervous reading of her statement at it.

As someone who has had the task a few times to speak and advocate for this community in front of legislative bodies, there have been moments I've been a little nervous at the start of my testimony, especially if I've had time to think about the importance of what I'm about to do and realize that what I say may sway votes in either a positive one for this community or a negative one.

But I've been doing this since 1998 and have the experience, skill set, intestinal fortitude and abilities to do so. I also volunteered after some deliberative thought before taking on that leadership responsibility on behalf of the trans community.  Jenna Talackova didn't ask for this drama and probably wasn't expecting to become an international news story or trans rights warrior for simply wanting to enter a pageant.

I'm willing to bet that Jenna would rather be preparing herself to compete against 65 other Canadian women next month in Toronto, not being in Los Angeles for a press conference having her trans business exposed due to a discriminatory and transphobic pageant rule that has negatively impacted her life. 

Sometimes through no fault of their own, transpeople find themselves combating injustice and becoming reluctant  trans human rights warriors.   When that happens, we as a community need to be ready to give them the support they will need to successfully complete the job.   

Yes, we'd all like the perfect person who can speak eloquently, has a grasp of our history of struggle and our community, and good looks to go with it.  But many times, as in this case, fate intervenes and you have to fight injustice with the advocate you have at that moment in time who is in the public eye.  Right now 23 year old Jenna finds herself being that advocate.. 

As Bet Power said during a discussion we were having about this case on my Facebook page:

I can't believe some are critical of Jenna's appearance on national TV with Atty. Allred. Who cares if she was nervous enough to read her statement instead of speak extemporaneously? How many of us would have done the same thing if we were suddenly thrust into the national spotlight as an out trans person?

Let's not lose sight of the fact that this brave trans woman has (a) Just successfully fought back against rejection and discrimination to win reinstatement to the Miss Universe Pageant as an out trans woman, (b) Has broken a major glass ceiling by being included in the top-level pageant worldwide, and (c) Has a chance at winning! Not all of us are activists. Jenna is a pageant competitor, which doesn't always (or even usually) require one to be intensely political.

However, by her actions alone thus far, Jenna has won a victory for trans people everywhere. She will continue to influence positive change by her presence in the pageant and all of its surrounding publicity. Why is it so hard for our trans community to applaud its trail blazers and celebrate our victories and those who win them?

The trans person in the spotlight is going to get enough Hateraid from ignorant cis folks for standing up for their human rights.   We don't need to be adding to it.

We also need to focus on the fact that by standing up for her human rights, as Bet pointed out, Jenna not only helped achieve an unexpected trans human rights win, she may also be in position to make some history and help change some hearts and minds about us when she steps on that stage at the Miss Canada Universe pageant next month.

Trans human rights victories are not just won by direct action protests, litigation or legislation, but in some cases by people like Jenna Talackova who had the courage and determination to fight back against an injustice aimed at her and by doing so, advanced trans human rights for all of us.

Baltimore County MD Passes Trans Rights Bill!

The Baltimore County Council on a 5-2 party line vote last night passed Bill 3-12, a measure designed to protect the human rights of its trans citizens.   Its passing makes Baltimore County the fourth jurisdiction inside the state of Maryland after the city of Baltimore, Montgomery County and Howard County to do so and it joins the more than 160 jurisdictions, Washington, D.C. and 16 states that have trans anti-discrimination laws

As usual, the Republicans on the County Council, David Marks of Perry Hall and Todd Huff of Lutherville voted against the measure. 

Marks had previously indicated that he would support it but when push came to shove, as usual Republican legislators like him can be counted on to revert to their predilection to oppress people, be on the wrong side of history, and try to justify it.

Of course, Marks tried to tap dance around the fact he will go down in history as being part of the Forces of Intolerance and voting against a human rights bill.

"I want all Baltimore Countians to have equal access to those opportunities that make them more productive citizens, but upon further reflection, I don't know if there are already protections under the law," Marks said in a statement released after the vote and reported in the Baltimore Sun. "I continue to have questions about the legislation, and would prefer for the state to act first on this issue."


Yeah, right Councilman Marks.  Peddle that bull feces elsewhere. 

It was obvious in the wake of transwoman Chrissy Lee Polis being viciously beaten inside Baltimore County last April and the stories of countless other trans Baltimore County residents recounting their struggles with discrimination aimed at them that the bill was needed. 

And Councilman Marks, the Maryland legislature since 2001 has repeatedly failed to act to protect its trans citizens.    

"Everyone deserves to be treated fairly," Tom Quirk said before he and his council colleagues voted. "This bill is a human rights bill, and I'm proud of Baltimore County tonight."

Amen, Councilman Quirk, you have every right to be.

The bill adds both gender identity and sexual orientation to Baltimore County's existing anti-discrimination laws, which protect people in the workplace, housing, finance and public accommodations.

There was some vague language added similar to Montgomery and Howard County that stated the protections do not apply to "distinctly private or personal" facilities and exempted religious institutions from it.

That's where I disagree, especially if said religious institutions are getting tax dollars. But it was still a major win for our transbrothers and transsisters in Baltimore County and congrats to everyone who worked tirelessly to get it passed.  

Now if only the Maryland state legislature would follow suit.

Public Accommodations Language For Dummies

For the people who are confused by the right wing, Barney Frank, WWBT and Exterminationalist Twins rhetoric and obfuscation about Public Accommodations language, let me direct your attention to this wonderfully succinct explanation of it by one of my fave men in this community, Ethan St Pierre.

Trans Civil Rights School is now in session, so take your seats so y'all can learn something.  

Take it away, Ethan!

***

For the people who think Public Accommodations means bathroom and locker rooms, here is your awakening:

The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce—
(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or drink;
(C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or other place of public gathering;
(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(G) a terminal, depot, or other station used for specified public transportation;
(H) a museum, library, gallery, or other place of public display or collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

***

Now class, what did we learn today about Public Accommodations language? 

As you can see, PA language in civil rights bills is more than just bathrooms and showers.  I fail to understand why a few well to do white GLBT activists seem to have the deluded notion that you can pass effective trans rights bills without it. 

Oh yeah, maybe it's because their azzes never had to worry about facing any kind of bigotry, hate violence or discrimination directed at them until they became members of a despised minority in the rainbow community. 

So the next time y'all read about me putting people on blast on this blog or hear Moni go on the rant on a radio show or podcast about an unjust trans rights bill that doesn't have Public Accommodations language in it, you'll know why I went straight the hell off. 

Heaven help you if we're in a public forum and I hear someone with vanilla scented privilege who enjoys civil rights laws with PA language in them try to argue that PA language is not necessary for trans human rights laws or the proposed ENDA.  Don't be surprised when I look at you as if you're stuck on stupid, then call your behind out for parting your lips to say it.

Class dismissed.

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