The transgender community in Maryland does does not support this bill. Two groups, TransMaryland and Trans-United, have been working to make sure this bill never sees the light of day.

The stance of TransMaryland can be summarized thus:

HB235’s omission of public accommodations is a flaw that will not easily be remedied in the future. All previous anti discrimination bills have included public accommodations protections and that omission in this bill will in the future be seen as a legislative intent to create a second class of citizenship for transgender Marylanders. We are interested in justice. By denying equal access to public accommodations HB235 denies the dignity of an entire class of persons.

Out of respect for the dignity of human persons HB235 must be rejected and we must not consider such legislation until such time that it includes the same protections for transgender persons as the law does for all other classes of citizens. We are all entitled to the same goods inherent in social practice. That is what social justice means.

This is the message that I and other activists have been telling our legislators. Since there is no support for amending the bill we want it to die a happy death in the Rules Committee.

Equality Maryland and Delegate Pena-Melnyk crafted this bill without consulting the transgender community. It is that simple.

It's possible that Senate President Mike Miller recognized the single biggest flaw in this legislation. The lack of language providing protection from discrimination in public accommodation. The bill's authors, sponsors and supporters have steadfastly refused repeated appeals from the community most affected by it to add this important language.

The problem with this lack of public accommodation language is this. While the bill on the one hand creates a protected class, it also places limits on the civil rights of that class. Additionally, since residents of Baltimore City and Montgomery County already enjoy these protections, their rights are removed from them when outside those jurisdictions.

This establishes a dangerous precedent that makes it OK to restrict the rights of a protected class, or to remove existing rights from a protected class. For instance, legislators in Oklahoma that recently attempted to outlaw Muslim religious practices might introduce legislation removing some rights from Americans based upon their religion. In Arizona, this bill could be viewed as a template to remove public accommodation protection based upon national origin. These are, of course hypothetical examples, but not entirely unrealistic.

It is the bill's authors, sponsors and supporters, then who are actually promoting a bill that does not prevent discrimination, but actually enables it. This is selfish and irresponsible.

If this legislation is to be introduced next session, it must be inclusive of the language that is consistent with the higher standard of protection afforded to some Marylanders, not to remove their existing rights.

I can't believe people are giving the LGBT's biggest enemy (Miller) positive credit here for recognizing and caring about the flaw. You don't know your history to even fathom that. I didn't realize that the Kool-Aid was that strong, or could be people from other states who have no idea who Miller is. Listen carefully --- He hasn't given the bill or your rights a thought except to use you to make a point.

This is clear proof the transgender community, well really the activists who are the only ones speaking loudly, have not been paying attention over the years.

My recommendation for you all is to sit around and wait for Miller/Frosh to pass a full bill for you next year. Har har har.

A bill does not promote discrimination just cuz it does not solve each and every ounce of discrimination. The transgender community has created a mess here that they do not have the skill or capacity to clean up. Rookies!!!! Our legislature is not going to take up your issue cuz you guys seem a mess.

I feel sad for ya'll. Bad start!!! Need some training big time before playin' with da big boyz.

All Marylander desire the opportunity to live their lives free of discrimination and the corresponding fear and abuse. Throughout our state's history we have seen to establishing protected classes of citizens, those most at risk. Whether it be race, sex, color, creed, national origin, marital status, sexual orientation, disability or even age. The State of Maryland has extended protections in the areas of employment, housing and public accommodations.

The most at risk segment of Maryland's residents are transgender and transsexual individuals. There is on average one transgender murder per quarter in the State of Maryland. Each November 20th there is held a Transgender Day of Remembrance which publicly mourns and honors the lives of our brothers and sisters who might otherwise be forgotten.

There are many who are unaware of the struggles member of Maryland's transgender and transsexual community face. It's not their obligation to learn, it our responsibility to educate. I say ours because I am a woman, I am a Marylander, and I am transsexual.

HB235 has been problematic since its conception, prior to the legislative session. While there are individuals for and against this bill for various reasons, its failing have nothing to do with the transgender and transsexual community. It has to do with the advocacy coalition which directed its course before the start of the 2011 Legislative Session. In Senator Rich Madaleno D-18 public release of March 3, 2011 on HB 235 he stated :

“I have been the lead sponsor or lead cosponsor of the Gender Identity Antidiscrimination Act for the past four years. In advance of the 2011 Session, I had a bill drafted that is identical to the bill I had introduced previously. This draft prohibited discrimination based on gender identity in employment, housing, and public accommodations. However, our advocacy coalition asked me to not introduce the bill, preferring a strategy of pursuing a House bill alone”

This bill suffered from a flawed strategy without community buy-in. The lack of community involvement can be shared by both the community and the advocates themselves.

Senate President Mike Miller has stated that the Senate has "spent a lot of time" on "important social issues". Whether President Miller or Senator Frosh, Chair of the Judicial Proceedings Committee which was to typically have received the bill can easily use the bill failings and its corresponding controversy as cover for shelving this bill.

But whatever the true reason is, the bill failed. It failed its legislative supporters and it failed its intended group.

"A bill does not promote discrimination just cuz it does not solve each and every ounce of discrimination. "

Perhaps the author of this observation is unfamiliar with the Ninth Circuit Court of Appeals' decision in Holloway v. Arthur Andersen & Co.

In ruling against a transsexual woman attempting to bring an employment discrimination suit based on Title VII's "sex" provision, the court noted:

"Giving the statute its plain meaning, this court concludes that Congress had only the traditional notions of 'sex' in mind. Later legislative activity makes this narrow definition even more evident. Several bills have been introduced to amend the Civil Rights Act to prohibit discrimination against 'sexual preference.' None have been enacted into law. "

That opinion was issued in 1977. None of the gay rights bills referred to would have included transsexuals even if they had passed and been signed into law. Yet, a court used their very existence to rule against a transsexual.

So, please, do not ever believe - and do not try to bully trans people into believing - that a bill does not promote discrimination just because it does not solve each and every ounce of discrimination; it can cause harm even without ever becoming law.

'This is clear proof the transgender community, well really the activists who are the only ones speaking loudly, have not been paying attention over the years'

Oh we've been paying attention John. We've been paying .attention to how our gay and lesbian 'allies' pass comprehensive civil rights bill for themselves after they cut the trans community out of them

We've paid attention as transpeople were cut out a 2001 MD rights bill for GL people that had the public accommodations language EQ MD and Del Pena-Melnyk claimed wouldn't pass this session.

We paid attention all right. We've paid attention the the fact that the incremental progress' strategy when it comes to trans rights is a failure and it's past time to try a different one.

If legislative crumbs aren't good enough for the GL community, they are unacceptable to ours as well.

Especially in light of the fact that it's transpeople of color who are taking the brunt of the anti-trans violence and discrimination.

This is a public board. Non LGBT peeps in MD don't want to hear and don't get yur inside baseball and inside bickering. failure #2, that yur every post here isn't one voice to Maryland citizens giving basic message about rights and the harm. u lost everyone. looks badly.

here i'll say it for ya --- this bill is urgently needed b/c trans peeps are disproportionately harmed and discr. against. how can we allow our fellow citizens to be excluded from jobs and housing, this is not what Md. is about.

That's right John..it IS a public board. That means my commentary is just as valuable to this discourse as you think yours is

So stop derailing the conversation because you don't want to deal with the fact that EQ MD botched it, and we're calling them on it.

If EQ MD had followed Sen Madaleno's lead and filed the PA language inclusive bill, there'd be no drama right now.

No longer will trans people accept trans right bills from 'equality' organizations that don't FIX the problems we face without causing more legal drama.

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True, John. This is a public forum. Had this piece been posted on the EQ MD site, "Metro Weekly" or The "Blade," all of the remarks in opposition to the bill would have been deleted, as part of the ongoing effort, driven by NGLTF and the Gill Foundation to manipulate the truth toward the greater national GLB exclusive agenda.
http://www.tgworks.net/button.jpg.

Dana LaRocca and a FEW people have wrongly stated above that the transgendered community does not support ths bill when, in fact, we DO support it!

This bill does what ENDA does and then some. It's ENDA + housing protections including shelters + credit protections.

Let's get this bill passed and work on the other things that need attention like public accommodations, fair treatment in legal proceedings like child custody, divorce, and other areas, and getting insurance coverage for the things the AMA has called "medically necessary"

Given the present circumstances in the Maryland Senate it is clear there is a roadblock in the Senate leadership. And as a result any bill, regardless of content, that presents rights for the trans community will be left to die by using procedures. My friends who oppose HB235 would like to think this delay is a result of their efforts. I can assure you that if Public Accomodations were present the bill would never have passed the House. And the present situation in the Senate would not exist. And you need to consider that the bill with Public Accomodations has been blocked for the last 4 years by this same Senate leadership. They do not want to give it the light of day.

If we are to advance we need change in the Senate, and the current power structure. This is also going to require time and money. Until there is friendly leadership on the Senate JPR and with the Senate President ANY trans rights bill in Maryland is DOA. Regardless of content.

The present recourse is to contact your senators and tell them to let the process work. Pass or fail. Let the bill come to vote.

Lastly I would note that the trans community is not monolithic and not all transpeople in Maryland oppose this present effort. There are many who have supported the bill and the sponsors, co-sponsors and other advocates. And to ignore their voice, even if they are not shouting with rhetoric from rooftops does a disservice to all transpeople in the state. Some of us work within the system to promote change. I am one such transperson and yes, I live in Maryland.

Maryland's trans community DOES support the Gender Identity Antidiscrimination Act (HB 235). Moving a bill that protects transgender and gender-different Marylanders in employment and housing will be a huge step forward; a much more important step than having a perfect bill that dies in committee every year (as previous, full version did 2007-2010 inclusive).
Much of the supposed trans community opposition to HB 235 comes from OUT OF STATE. At last half of the negative blog comments about HB 235 in this thread are from people who live in other states. They should be working on their own states' legislation, not muddying the water here.
Anyone who supports the federal LGBT antidiscrimination bill (ENDA) should be able to support HB 235. ENDA protects only in employment; it doesn't cover housing, much less public accommodations. But trans people fought hard for years to get into it and even harder to stay in it.
Show some consistency! Tell your legislators to push for a Senate floor vote on HB 235!

Donna, there you go again with the 'out of state' talking point again.

Dana LaRocca and Sandy Rawls who oppose this bill, both live in Baltimore. Marylanders Alyson Meiselman and Donna Plamondon testified at the HB 235 House hearing. .

You peeps need to be more consistent yourself. You paint opposition to this unjust bill as 'out of state' but guess you forgot that one of your supporters, PHB's Autumn Sandeen lives in San Diego, CA Imagine that..

No amount of spin from you pees can alter the fact that HB 235 is a lousy bill and deserves to die.

This still comes down to the fact that had gay and lesbian activists and their trans apologists done the morally correct thing and not cut transpeople out of the 2001 full civil rights bill you passed for the Maryland GL community you wouldn’t be dealing with this issue now.

We've heard from all three of the trans people who support this overtly discriminatory legislation. This, by no means constitutes the majority of the Maryland trans community.

As for 'out of state" influences, the bill was actually authored by legislative attorneys in the direct employ of the National Gay Lesbian Task Force, from outside of Maryland. It is being heavily promoted by NGLTF's transgender token division, NCTE, from outside of Maryland. Efforts to advance the bill are funded heavily by grants from the Gill Foundation, headquartered in Colorado.

Do you really think that Maryland legislators and transgender Marylanders capable of independent thought are some kind of hayseeds to whom Equality Maryland can peddle this snakeoil?

If Senate President Mike Miller's actions were personally motivated, it would probably be out of the rightful resentment of this insult to his intelligence.

By the way, Dana LoRocca, Jenna Fischetti and myself are actually residents of Maryland. The "anonymous" poster shows sufficient familiarity with the history of Maryland LGBT politics to safely assume that this person is also a Maryland resident. Katrina Rose and Monica Roberts are activists, admittedly from out of state, but each with more experience in advocating for the trans community than Ms. Brackett, Ms. Trammermand and Ms. Cartwright combined.

Legislators are, in fact listening to us because they recognize that we are speaking with our own voices, in our own words. We're not reading talking points provided to us by a high powered lobbying consultant, or from large national orgs from outside Maryland, bent on forcing Maryland legislators to serve their selfish and irresponsible national agenda.

Maryland is my home and I am transgendered. I support this bill. And every TG person I know - and that is dozens - support this bill.

Many of us are not talking about it in the press because we know we will discriminated against in our job. Many thanks to those who can be out in public to push for laws that help us. I will keep you in my prayers.

There is a phenomenon on the web that has become very popular among the GL media. It's called "sockpuppetry." A "sockpuppet" is a person who posts in forums like these under an assumed name, either to disrupt the discussion or to create some false impression. In this case, the appearance of greater transgender support for this legislation than actually exists.

Ms. Tremmermand might have done well to leave her signature anonymous on her last post, rether than to use her former first name, especially when the incorrect usage of the expression "transgendered" as opposed to the commonly accepted "transgender" is employed. Ms. Tremmermand is notable in this thread as the only participant to use this expression. In both of her posts.

If supporters of H.B. 235 worked as hard at promoting an inclusive bill as they do creating the false impression that the trans community supports the inferior version, we'd have done been to the promised land by now.

Transexual and intersex persons SHOULD be FULLY protected by antidiscrimination laws. They DO have a MEDICAL condition and are in NO WAY dangerous to ANYONE.
There are statements and resolutions made by the American Medical Association, American Psychological Association and the World Professional Association for Transgender Health supporting “FULL EQUALITY for transgender and gender-variant people”. They also support “legal and social recognition of transgender individuals consistent with their gender identity and expression” and “Support the provision of adequate and MEDICALLY NECESSARY treatment for transgender and gender variant people.” As a Marylander I will NOT settle for a flawed bill. I will settle for no less than the equivalent of protections guaranteed to anyone with a medical condition.

As a retired newspaper copy editor, I still like to check the record. On the issue of whether trans people in Maryland support HB 235, the only clearly comparable evidence available is the testimony at the House of Delegates hearing on the bill March 9 (video available online at http://mlis.state.md.us). There were 33 witnesses in favor of the bill, including 13 transgender and gender nonconforming people, two parents of transgender people and one spouse of a transgender person. I was proud to be one of them, testifying on behalf of the Maryland and D.C. State AFL-CIO and Pride at Work, the LGBT constituency group of the labor movement.
Only two transgender people came to testify against the bill.
As to experience, I have been advocating for transgender people for nearly 15 years in three states (New York, New Jersey and Maryland) and was active in efforts that secured a citywide ordinance in New York City (2002) and a state law in New Jersey (2006).
I know that progress is difficult to win, and sometimes comes an inch at a time. Better to win tangible, if imperfect, benefits in the real world than to insist on perfect legislation that never goes anywhere.

To "Anonymous" -- the "sock puppetry" accusation is unwarranted and false. Caroline Temmermand is a real person -- I've known her for at least a year. She testified at the HB 235 hearing and can be seen on the video referenced in my previous post.
And by the way, isn't it a bit sleazy for someone who posts anonymously to suggest that another poster is using a false identity, when the latter person actually had the integrity to testify in person in Annapolis under her own name?

http://www.ipetitions.com/petition/hb235

HB 235 was defeated -- but hard to see how that is a Tranny "victory." Critically, our community needs to come to grips with the reality of what can and what cannot be done politically. Somethings possible in the long run can only be achieved by little steps (steps that MAY include the possibity of being used against us by Judges who were inclined to rule against us anyway -- but steps that can for many be used to move us forward). Today our community stumbled. Will Rogers once said that by taking a parituclar approach (in that case to export laws) the US was not shooting itself in the foot -- it as aiming a tad higher. Come to think of it -- that might work afterall, at least for pre-ops.

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