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in the wrong direction.
Crain fails to realize that, under a non-trans-inclusive ENDA, he and any
other gay person can still be discriminated against solely because of their
same-sex sexual orientation. All a discriminator would have to do is couch
their reasons for such discrimination as being based upon the individual’s
behavior as opposed to their stated or inferred same-sex romantic preference.
For example, if sued based upon the language of the currently proposed ENDA,
a defendant would have a very good chance of escaping liability by claiming
the discrimination was because the person’s behavior in dating or holding
hands with someone gave the impression that the person was transsexual or transgender.
Or, they might claim that they don’t care about the individual’s
preference for or attraction to members of the same sex — just the individual’s
behavior that crosses gender lines.
Perhaps the worst aspect of Crain’s position is that it seeks to sub-marginalize
one group of people within an already outgunned minority. Any distinction between
the “GLB” community and the “T” community is illusory
and false.
We are all gender variant — and therefore transgender — by virtue
of our identity, behavior, sexual orientation, and/or choice of sexual partners.
Twinsburg, Ohio
To the Editors:
Cheryl Jacques defends the Human Rights Campaign’s decision to oppose
the Employment Non-Discrimination Act unless it bans discrimination against
transgender people. (“Putting
the ‘T’ into ENDA,” op-ed,
Aug. 13).
Rather than honestly defend the decision as the altruistic gift to transgender
people that it is, Jacques instead chose to manipulate lesbians, gay men and
bisexuals into believing that the addition was crucial to their own equal employment
opportunity.
Jacques claims that if ENDA passes without additional protections for “gender
identity or expression,” em
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