April 25, 2008
ANOTHER A-GENDA?
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Sklarz and Hunter talk GENDA |
A Tuesday forum and panel to mobilize the transgender community and its advocates around the Gender Expression Non-Discrimination Act (GENDA) bill in New York City became contentious when some panelists and audience members voiced their opposition to the portion of GENDA that amends New York State hate crime law to include gender identity. The Audre Lorde Project and the Sylvia Rivera Law Project—as well as many audience members who spoke—are opposed to the hate crimes measures as a tool in the "prison industrial complex" that can actually be used against transgender people.
"We see queer people get arrested for nothing at all. Hate crime legislation disproportionately affects African-Americans who are already overrepresented in the criminal justice system," Sylvia Rivera Law Project (SRLP) Staff Attorney Gabriel Arkles said to applause. Arkles told the Update that the SRLP decided to raise the issue now because the organization hadn't before realized that GENDA included a hate crimes provision.
GENDA's lead sponsor in the Assembly, Dick Gottfried, attended the forum, which took place at the Lesbian, Gay, Bisexual and Transgender Community Center. He called opposition to the hate crimes component "unfortunate." "If I could, I'd have [prison] sentencing levels in New York go down, but I do believe there should be a structure," Gottfried said. "If I punch you in the nose for the purpose of taking your wallet, I'll get a longer sentence than if I just punched you in the nose. And if I punch you on the nose for the purpose of taking your civil liberties, it should be treated as more severe." Like Arkles, he received applause.
Despite this unexpected disagreement, hundreds of transgender folks and their supporters will descend on Albany on Tuesday to push the State Assembly to pass the legislation. More than 1,000 people are expected to be in the state's capital for the annual Equality and Justice Day. Along with pushing GENDA, participants will be lobbying for legislation on marriage equality, safe schools for LGBT youth, and more funding for LGBT health and human services needs.(For more information contact the Empire State Pride Agenda at 212-627-0305.)
"We just need to be clear what we put on paper, and it's very important for us to create positive change," said Elizabeth Rivera, the program coordinator of TransJustice at the Audre Lorde Project and one of Tuesday's panelists. Rivera cited the case of the Jersey 4, where four young, black lesbians who were on trial for attempted murder after a fight escalated with a man who verbally abused them because of their sexual orientations.
A closer look at the hate crimes provision
GENDA makes it illegal to discriminate on the basis of gender identity and expression in areas like employment, housing and public accommodations and all other areas that are protected by New York law. Gender identity is protected by New York City Human Rights Law, leading to cases such as Bumpus v. the New York City Transit Authority, which is currently being battled in court.
Since the introduction of The Hate Crimes Act of 2000, it has been standard practice in New York State that when new categories are protected from employment discrimination, they are also added to hate crimes legislation. (Sexual orientation had already been added to the Hate Crimes Act before the Sexual Orientation Non-Discrimination Act (SONDA) passed in 2002).
Housing Works supports GENDA as written. Housing Works case manager and counselor Lourdes Hunter, who was one of Tuesday night's panelists, told the Update. "I understand the conflict with hate crimes laws, and I don't want to live in a society that supports a corrupt criminal justice system," she said. "But if someone attacks me because I'm transgender, they should get the book thrown at them just as they would for other minority groups. Hate crime laws should apply to everyone."
Supporters of hate crimes protection were quieter than those against it, letting dissenters speak their piece.
"A community forum is a place for people to express their issues about the issue at hand," said the Empire State Pride Agenda's new GENDA organizer Casey Chanton. "The issues raised in the forum will be addressed within the coalition and will determine a process for this to be passed."
But Director of the New York Transgender Rights Organization Melissa Sklarz, who has worked for the passage of GENDA for six years and was also a panelist at the forum, was less sure.
"I've never heard this issue raised until today," Sklarz told the Update. "It's disappointing and upsetting for parts of the community to come up with reasons not to support GENDA."
But will it pass?
GENDA has had a long battle. In December 2002 SONDA passed in New York, but Sen. Tom Duane's amendment to include gender identity was denied after a Senate debate. Sklarz recounted on Tuesday that, after that setback, Housing Works President and CEO Charles King turned to a crowd of dejected transgender advocates, smiled and said, "Don't worry, we'll have our own bill. We'll call it GENDA." The late Housing Works state issues organizer Mark Hayes became one of the bill's biggest champions, and every year transfolk and allies have gone to Albany to promote passage of this bill. Six years later, GENDA has 71 cosponsors on the Assembly side. And according to public opinion polling , 78 percent of New Yorkers support GENDA.
So what's the hold up with Assembly passage? Last year, Speaker Sheldon Silver blocked GENDA to protect Democrats, so-called "marginals"— in danger of losing their seats. This year, however, Silver's staff has for the first time agreed to meet with Empire State Pride Agenda about GENDA. The meeting gives advocates promise that the bill could at least pass in the Assembly. Advocates aren't pushing for GENDA to get through the Republican-controlled Senate.
The inability to vote on the bill last year despite the support of many Assembly members frustrates Gottfried. "I'm annoyed. There's no excuse for the Assembly not to pass this," Gottfried said.
Like Gottfried, Hunter and Sklarz are ready to move forward. "We've gone too long without equal access to jobs, health care, and other issues of equality that are important for all New Yorkers," Hunter said. "GENDA is important to remedy this."
Said Sklarz, "We told legislators, we don't expect you to change the culture. We'll change the culture, you just change the laws to support us."