MAY 10 . 2003 • Q-NOTES
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RNGeifi BfilGHTFeflTHeR
NC Crimes Against Nature
Laws provide a very
unique opportunity for TG
legislation
Equality North Carolina’s legislative allies
in the NC Senate recently introduced three
very important GLBT bills.
Here is how I see it really happening and
why I feel the North Carolina GLBT commu
nity is working for legislation with the cart
before the horse.
In 2001, the Hate Crimes Bill was very
narrowly defeated in the NC legislature, even
after its gender inclusive language was
removed in legislative committee.
And again, on April 30, 2003, the NC Hate
Crimes Bill was introduced with gender lan
guage, but the bill did not even get out of
committee despite the fact gender expression
references had been removed.
New and renewed ENC leadership
Over its last two years, the new Equality
NC leadership is to be commended for its
focus on inclusive gender participation in the
legislative process. Accepting transgender
people on their board of directors, revising
gender language to conform to the latest ter
minology found in recent laws passed by
other states and municipalities, has proven
their mettle..
But, ENC fully admits they cannot with
draw legislation if legislators cut gender lan
guage in committee. Their position: if a non-
inclusive bill has a chance of reaching a floor
vote, that is better than no bill, hence no vote,
at all. And if a non-inclusive bill does pass.
ENC says it will fight for an amended inclusive
version later.
Crimes Against Nature: only for GLB, not T
In North Carolina, the Crimes Against
Nature Law (CAN) is the “kiss of death" used
to defeat most GLB legislation.
Right wing NC legislation opposition
always points to CAN, calling GLBT people
felons for breaking the law — thus denying
them/us further protective legislation. So,
bills fail.
Simply stated, it is not a crime for women
to wear front-zippered pants and short-
cropped hair or men to wear earrings, shoul
der bags and polish their nails.
The CAN law applies only to sexual act,
not gender expression. Therefore trans
gender or gender diverse people are not
felons under NC law.
It only makes good legal sense, then, to
fight on behalf of us “non-felons," since the
CAN law argument always used to oppose
GLB protections is rendered moot when it
gets to T.
So lets assess this now. GLB are felons in
NC. Legislators insist they are not going to
pass any laws to protect felons.
Transgenders, though not legally felons, are
deemed guilty by the association: GLB...T.
Let the irony continue.
Those who write "special" inclusive legis
lation are themselves seeking inclusion and
rail against theirs being termed "special" — it
is about rightful place, just recognition, and
above all, legal, life-saving protection.
Two gay men were killed in Chapel Hill
last year and one transgender woman was
murdered in Charlotte. Hate crimes protec
tion comes to late for some ... too many.
In priority order
The simple fact is, it is more imperative and
legally expedient to propose legislation pro
tecting TG people first — for whom CAN
laws da not legally apply. A GLB amend
ment would be far easier to attach and sub
sequently pass.
It is a shame there is a need for any pro
tections beyond those granted to “regular”
citizens. But frankly, I’m tired of being con
sidered one of "those” transgender people
who want to be included.
We must take our political fights out into
the open, trust in the collective wisdom of
community and their ability and right to
weigh in on' legislative process. Secret
rooms and closet coalitions are the
weapons politicians used to /»;-include us
all in the first place.
ENC & HRC Surveys
on TG protection
In a recent Human Rights Campaign sur
vey, 72 out of every 100 people in America
have a good general idea of what transgender
means.
In the ENC survey taken only in NC, the
general public objected less to transgender
workplace protections than to GLB protection.
The nationwide
HRC survey noted
most respondents
thoLight transgender
people are already
/automatically protected under GLB sexual
orientation hate crimes inclusion — and were
surprised to find out otherwise.
Unique mindset
NC transgender activists and others arc
just beginning to wrap their minds around
this new concept of TG Human Rights being
championed before GLB Human Rights.
It is a startling idea and yet-to-be-
attempted approach to GLBT legislation that
will take a bit of time to sink in.
It might also re-motivate GLB people to
join TGs and become more involved in doing
away with the CAN laws — a major obstacle
to GLB protections.
The stark reality has had a devastatingly
poor and unemployed TG community, taking
the legislative back scat, begging for inclu
sion.
In other states, the more-employable and
better-employed GLB community has suc
cessfully influenced legislation outcome.
A poor community can be enriched and
empowered by bringing its GLB allies along
on its TG coattails of unique protective, life
saving legislation — bound to bring with it
unparalled unity.
info;
Angela Brlghlfealher: T6Queslions@aol.com
I
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