The Possible Future of Transgender Rights and Protection Laws
By Shannon Eppich
The LGBTQ+ community is one of the strongest families in America. They have actively worked towards establishing equal rights to those of heterosexual individuals, and now have the freedom to marry who they love and not worry about losing their jobs over their sexual orientation. As Jason Collins, the first openly gay National Basketball Association athlete, said, “Openness may not completely disarm prejudice, but it’s a good place to start.”
However, there are still issues that linger. To be specific, the “T” in LGBTQ+ still struggles to join the community in equality.
Transgender people have been around for centuries and although they make up only 1.4 million of the U.S. population, they are still citizens and people. They include well-known transgender celebrities such as Laverne Cox and inspirational young transgender individuals like Jazz Jennings. Nevertheless, they still face some of the strongest discrimination of any part of the LGBTQ+ community.
With the upcoming election on Nov. 3, transgender people and their allies have been hoping for more protective laws — even something as simple as the right to use the bathroom of their preferred gender.
Even on John Carroll University’s campus, the issues and security risks for people openly breaking gender norms are significant, said Alex LaFayette, a senior at John Carroll majoring in Peace, Justice and Human Rights, who is president of the LGBTQIA+ Allies club. In an interview with students from the Fundamentals of Journalism class, she explained that transgender rights, specifically on JCU’s campus, were lacking.
“Students really can’t use the bathroom of their true gender, you know, I mean, like the gender that they are presenting themselves as, not what was assigned to them at birth. Trans people can’t use the bathrooms they need to use. There’s no specific rules against it, I believe, but I know that there’s been problems with students and people in the student body and people in the administration body having issues with that.”
She believes that there are also not enough gender neutral bathrooms on campus for trans people to safely use the bathroom. However, administration officials say there are 35 gender neutral bathrooms. It’s just that people don’t know where to find them.
“I want to start with my strong belief that students, staff, faculty, alums, and campus guests have the right to use the bathroom of their choice on our campus,” said Salomon Rodezno, director of John Carroll’s Center for Student Diversity and Inclusion. “This includes single stall (gender inclusive/gender neutral) and multiple stall (women’s and men’s) restrooms.”
“Students have indeed raised the issues of bathrooms not existing on campus, but often that is resolved when our department shares that we have 35 gender inclusive/gender neutral restrooms.”
Rodezno said it is not always easy to navigate and find these gender neutral bathrooms, and the John Carroll website tends to be difficult to navigate. He believes that the university should make it easier to find a map, where you can find the location of the restrooms, so that people can find them and know that they are not missing.
Transgender rights and issues are a problem not only on this campus, but in the United States as a whole. Eliana Turan, a transgender woman and director of development at the LGBT Community Center in Cleveland, shared that she came out professionally when she was 38, only approximately two years ago. She was in the military during the “Don’t Ask, Don’t Tell” era, from 20 to 26 years old. Don’t Ask, Don’t Tell was the law that required the LGBT+ community in the military to keep quiet about their sexual orientation while serving. They could be discharged if it became known, but nobody would ask.
She explained, “I grew up in Lorain county. It didn’t really seem that there were many opportunities for me after high school. I was a very troubled youth, so I honestly wasn’t in the headspace to go to college. A lot of that was because I was acting out, because I was in the closet. So I joined the army just ’cause at that time, you know, I thought that it would get me away from everything.”
She added that she didn’t know she was LGBT at the time. She had conflicted feelings but she wasn’t consciously saying she was a trans woman. As a child in the 80s and 90s, she said, she really didn’t know what it meant. She went to Catholic school and had no resources.
Turan said that “Don’t Ask, Don’t Tell” caused a lot of issues, due to the military not acknowledging the fact that the LGBTQ+ do serve. Service members would fear that someone could have seen them on a date or wearing the clothing they wanted over the weekend. She added that people’s commanders would use derogatory anti-LGBT words, along with other soldiers, making jokes and comments.
Turan then shared an incident that happened after she finished her basic training.
“The Senior Drill Sergeant walks out, we’re in formation waiting to get the order that we were at liberty after eight weeks of basic training. He’s, like, ‘Is anyone here going to Fort Campbell?’ Cause we’re waiting to go to our first assignments,” she explained. “I’m, like, ‘I am, Drill Sergeant.’ And he’s, like, ‘Well, there’s been a murder there just recently and I wanted you to know that, because that’s the environment that you’re going into.’ ”
The murder turned out to be that of Barry Winchell, a 21-year-old soldier who was killed by a fellow soldier. The reason? He was gay and was dating a transgender woman named Calpernia Addams, according to the Washington Post.
This is not an uncommon crime against the transgender community. Already in 2020, according to the Human Rights Campaign, 33 transgender or gender non-conforming individuals have been violently killed. You may not have heard of these murders due to them being unreported or misreported.
Democratic incumbent for the 8th District of the Ohio House of Representatives, Rep. Kent Smith, who is running unopposed for reelection, explained in an interview several ideas he has to help transgender individuals if he were to be reelected.
“It is still legal for transgender people in Ohio to be denied housing, public accommodations and in some cases employment, based on their gender identity. The U.S. Supreme Court decision in Bostock v. Clayton County Georgia on June 15, 2020, did affirm that employment discrimination based on sexual orientation and gender identity is illegal under Title VII of the Civil Rights Act, but federal law is much less comprehensive than Ohio law, which means many Ohio employees are still not protected from discrimination.”
He added that Ohio is one of the only states that does not allow a person’s gender marker to be changed on their birth certificate.
Smith also talked about school policies and how they protect transgender students only at a local level. “For example, when I was the Euclid School Board President in 2007, I made it a point to include ‘sexual orientation’ in our district non-discrimination language so that LGBT staff could not be fired because of their orientation and LGBT students would be protected if they were bullied.”
Smith noted that there is also a bullying issue in schools, against the LGBT+ community, but he believes that this situation can be improved. He also noted that there have been bills announced that would reduce the rights of students.
“HB-513 would ban affirming medical and psychological care for LGBTQ youth, and HB-527 would ban transgender students from participating in high school and collegiate athletics. These are two of the most extreme anti-LGBTQ bills in the nation,” Smith said.” Thus far, neither bill has seen any movement in the (Ohio) General Assembly, but that could change at any time.”
He also disclosed that State Rep. John Becker of Ohio 65th District, during the last General Assembly, had publicly shared his interest in introducing a “bathroom bill,” similar to one introduced in North Carolina. However, Becker faced immediate backlash and dropped the bill.
Smith explained, “I believe that LGBTQ organizations count me as a supporter, and I am happy to work alongside them to help my Republican colleagues evolve on these issues.” He plans to continue to supporting the Ohio Fairness Act and is happy to help expand transgender rights and protections.
As shown, Smith, is a supporter of transgender rights. In general, the Democratic party, to which he belongs, has shown a lot of support for the LGBT+ Community. On the official Democratic National Committee website, they have shared articles such as, “DNC on Transgender Day of Visibility,” as well as sharing their support for the LGBT+ community.
However, the Republican National Committee website has very slim evidence of support. In a search of the website, just typing in the word “transgender,” there were no results.
After typing in the word “LGBT,” the only results that showed up were of the RNC sharing in an article called “President Trump Has Taken Unprecedented Steps To Protect The LGBTQ Community,” saying, “During his acceptance speech for the Republican nomination then-candidate Donald Trump said, ‘As your president I will do everything in my power to protect LGBTQ citizens.’ ” However, Trump has taken actions that rolled back protections of this sort. Articles on the RNC website included Trump’s order to bar transgender people from serving in the military.
An article retrieved from Associated Press News, “RNC sides with Trump ban of transgender people in military,” by Thomas Beaumont, states that “Trump’s order has suffered legal setbacks. Three federal courts have ruled against the ban, prompting the RNC to take the position standing with Trump.”
On the Democratic side, however, the recent Presidential Town Hall with former vice president Joe Biden, who’s the current nominee for president, featured the mother of a transgender child, Mieke Haeck. She asked Biden, “The Trump administration has attacked the rights of transgender people, banning them from military service, weakening nondiscriminatory protections and even removing the word ‘transgender’ from some government websites. How will you as president reverse this dangerous and discriminatory agenda and ensure that the lives and rights of LGBTQ people are protected under the U.S?”
Biden responded by saying he will “flat-out change the law.” He plans to not only eliminate the law Trump called for, but also to help in any way he can to protect transgender children.
Biden also wants to eliminate the high murder rates of transgender individuals. “They’re being murdered,” he stated.
One example is that of a 17 year-old black transgender girl, Brayla Stone, who was found murdered on June 25 of this year, reported the Human Rights Campaign. HRC added, “Her death is believed to be at least the 17th known violent death of a transgender or gender non-conforming person this year in the U.S.”
From the evidence presented, it appears that the Democratic Party has shown a lot of support for the LGBTQ+ community. The Republican Party has not given a very clear presentation on their views, but their plans to ban transgender individuals from the military seem to indicate that they are not as supportive.
Trump just this year has shown his idea for removing transgender individuals from protections in health care. In an article from Human Rights Watch titled, “Trump Administration Doubles Down on Trans Discrimination,” by Ryan Thoreson, it says, “The Trump administration is moving ahead with a rule that would write transgender people out of sex discrimination protections in health care.”
There is an ongoing fight for the protection of our transgender family that has continued for centuries. People continue to fight for their rights and protest in the streets as a call to action. There are many people working for better transgender rights and protections so they will be valued as equal to any other person, cisgender or not.
References
“About.” Kent Smith, www.kentsmith.org/about/.
Beaumont, Thomas. “RNC Sides with Trump Ban of Transgender People in Military.” AP NEWS, Associated Press, 2 Feb. 2018, apnews.com/article/7e85f33e8bba44a2996eabf0935d41df.
“DNC on Transgender Day of Visibility.” Democrats, 2 Apr. 2020, democrats.org/news/dnc-on-transgender-day-of-visibility/
How Many Adults Identify as Transgender in the United States? (2020, April 27). Retrieved from https://williamsinstitute.law.ucla.edu/publications/trans-adults-united-states/ [Interview]. (2020, October 15). In the National Constitution Center. Philadelphia, Pennsylvania: ABC.
Interview with Lafayette A., President of the LGBTQIA Allies Organization, (2020, September 24). Personal Interview [Telephone interview].
Interview with Rodezno S., Director of the Center for Student Diversity and Inclusion, (2020, October 22). Personal Interview [Email interview].
Interview with Smith K., Representative of the 8th district of Ohio House of Representatives, (2020, October 19). Personal Interview [Email interview].
Interview with Turan E., Director of Development at the LGBT Community Center in Cleveland, (2020, October 19). Personal Interview [Telephone interview].
Kozuch, E. (2020, July 1). HRC Mourns Brayla Stone, Black Trans Girl Killed in Arkansas. Retrieved from https://www.hrc.org/news/hrc-mourns-brayla-stone-black-transgender-girl-killed-in-arkansas
“LGBTQ COMMUNITY.” Democrats, democrats.org/who-we-are/who-we-serve/lgbtq-community/.
“President Trump Has Taken Unprecedented Steps To Protect The LGBTQ Community.” GOP, 11 June 2020, www.gop.com/president-trump-has-taken-unprecedented-steps-to-protect-the-lgbtq-community-rsr.
Pressley, Sue Anne. “Hate May Have Triggered Fatal Barracks Beating.” The Washington Post, WP Company, 11 Aug. 1999, www.washingtonpost.com/wp-srv/national/daily/aug99/winchell11.htm.
Pruitt, Sarah. “Once Banned, Then Silenced: How Clinton’s ‘Don’t Ask, Don’t Tell’ Policy Affected LGBT Military.” History.com, A&E Television Networks, 25 Apr. 2018, www.history.com/news/dont-ask-dont-tell-repeal-compromise.
Rivero, N. (2017, June 28). 15 Inspiring Quotes from LGBTQ Leaders. Retrieved from https://www.mentalfloss.com/article/502121/inspiring-quotes-lgbtq-leaders
“Trump Administration Doubles Down on Trans Discrimination.” Human Rights Watch, 23 Oct. 2020, www.hrw.org/news/2020/06/25/trump-administration-doubles-down-trans-discrimination#.
Ulrich, Lana. “Explaining Bathroom Bills, Transgender Rights, and Equal Protection.” National Constitution Center — Constitutioncenter.org, 6 May 2016, constitutioncenter.org/blog/explaining-bathroom-bills-transgender-rights-and-equal-protection/.
“Violence Against the Transgender Community in 2020.” HRC, www.hrc.org/resources/violence-against-the-trans-and-gender-non-conforming-community-in-2020.
