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LGBT community continues fight against discrimination

Barney Frank introduces new bill to aid in gender equality

Published: Wednesday, November 14, 2007

Updated: Sunday, September 13, 2009 03:09

As George Washington, Thomas Jefferson and other American forefathers laid out the blueprints for legal America, they included the rights of "freedom, equality and justice for all." When women, African Americans and other minorities began to demand suffrage and fair treatment, the definition of the word "all" was reconsidered.

Now, Congress is debating over H.R. 2015, H.R. 3685 and H.R. 3686, all introduced by Congressman Barney Frank of the the fourth Congressional District of Massachusetts. With the introduction of these bills, we may be seeing a change within society.

Currently, in 31 states, employees can be legally fired for being lesbian, gay or bisexual. In even more states, it is legal for transgendered people to be fired or refused employment. Recently, the Employment Non-Discrimination act (ENDA) and the Lesbian, Gay, Bisexual and Transgender (LGBT) group have, along with Frank, been attempting to receive fairer treatment in the workplace for those of different sexual orientations or alternate lifestyles. "Workers should be considered on their work merits and ability to meet the job requirements," junior Justine Clark said, in agreement with Frank.

On April 24, Frank, along with 171 cosponsors, introduced H.R. 2015, which is a bill dedicated to prohibiting "employment discrimination on the basis of sexual orientation or gender equality." By Sept. 27, a very important and socially telling change had taken place to the bill. The most noticeable change was the once encompassing, solid bill had been carefully divided.

"We have this situation where there is more prejudice in this society today against people who are transgender than against people who are gay and lesbian, partly because we have been working longer at dealing with the sex orientation prejudice," Frank said to the House of Representatives on Oct. 9, continuing, "partly because the greater the difference, the greater the prejudice is to start, the more people fail to identify, the more they are put off by differences, especially when those differences come in matters of the greatest personal intimacy."

It was here that he explained the reasons why he broke up H.R. 2015 into H.R. 3685 and H.R. 3686. Instead of one bill, which collectively addressed the constitutional equality not yet given to the LGBT members in our society, there would now be two. H.R. 3685 would be dedicated to prohibiting "employment discrimination on the basis of sexual orientation," while H.R. 3686 would be dedicated to "prohibiting employment discrimination based on gender identity."

Junior film studies major Mallory Murphy explained, "I feel that anyone should be allowed to live and work and thrive in society as long as they're not emotionally or physically maliciously harming another human being. We've been trying to work as a society for over 200 years now, and what have we accomplished?"

After dividing the one bill into two, Frank not received much support from the LGBT community. Almost initially this decision of division received immense criticism and, in reaction, Representatives Frank and Tammy Baldwin from Wisconsin agreed to introduce an amendment to the two separate bills of Frank Barney.

Many of the LGBT community, including the executive director of the National Center for Transgender Equality, Mary Keisling are very supportive and excited about the possibility of an amendment which will allow all the issues to be addressed, not only the more popular or widely accepted ones.

Further, another area of the split bills is causing discontent amongst the LGBT community. The bill completely exempts small businesses, religious organizations and uniformed members of the armed forces from having to comply. This would mean the thousands of hospitals, schools and offices that fall under one of these three categories would be legally able to deny work to someone who has a different sexual orientation or gender identity.

In stark contrast, both Frank and Speaker of the House Nancy Pelosi, feel that by attaching the two bills, is simply asking for negativity and inactivity. Pelosi, in an Oct. 12 interview with The Washington Blade said, "If we went into Congress saying, 'all or nothing on all our bills,' we might as well just go home, because it doesn't happen all at once."

Progression, in the eyes of Pelosi and Frank, is key. Unfortunately, as they have asserted, the United States does not seem to be ready for this type of liberal legislation. However, in the eyes of those this directly effects - the transgender community - it is a necessity.

The LGBT community shares the same beliefs as Native American Chief Joseph, who once said, "If the white man wants to live in peace with the Indian he can live in peace. There need be no trouble. Treat all men alike. Give them all the same law. Give them all an even chance to live and grow. All men were made by the same Great Spirit Chief. They are all brothers. The earth is the mother of all people, and all people should have equal rights upon it."

According to msu.edu, there are have been as many as seven to 12,000 sex changes made in the U.S., half of them being male to female (MTF).

Because of these statistics, Frank and other advocates find it necessary to implement legal changes within society that will promote transgendered rights.

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