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GAY PEOPLE'S CHRONICLE
December 5, 2008
Registry
Continued from page 2
"We have already heard how benign it is," Huff continued, "but it is a gesture of respect."
"Our goals are higher in the long run than just the domestic partner registry."
ACLU staff attorney Carrie Davis assured the committee that the registry would not conflict with the state constitution's marriage ban amendment.
The fall of Rome
Before any of the measure's supporters spoke, two opponents addressed the panel.
ris Durica of Ward 20 described herself as a school voucher advocate, a widow, a former first grade teacher and mother of an Eagle Scout. She told the committee to "put the well being of Cleveland children first." "Two thousand years of human civilization have shown that children grow best, both physically and psychologically when
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they are raised by their mothers and fathers," Durica said.
"Remember that the homosexual lifestyle was very common in ancient Greece and Rome," she added. "The nuclear family was weakened and this was one of the factors contributing to the end of these great civilizations."
Durica passed out small photocopied dollar bills to the committee, then compared domestic partnerships to counterfeit money. She claimed that gays and lesbians are unhealthy and have short life spans, that "ex-gay" programs work, and that churches in Canada had lost the freedom to preach their beliefs when full marriage passed there.
Finally, she focused on European countries "where the homosexual lifestyle is open and common."
"Can those countries defend themselves against a terrorist attack?" she asked. "How many inventions have come out of those countries?"
Committee members had no questions for witnesses, and the registry ordinance passed committee without objection.
An objection came later from Ward 8
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councilor Sabra Pierce Scott, who was not present for most of the hearing, nor the vote.
The majority leader, Pierce Scott was also the sole vote against a pair of resolutions passed on November 17 to support the state Equal Housing and Employment Act and the Transgender Day of Remembrance.
No witnesses against TG rights bill
After a recess, the committee considered the second measure, to add gender identity as a protected class to every city ordinance where race, religion, sex and sexual orientation are now included. Offered by Ward 14 councilor Joe Santiago, the city's first openly gay council member, it has five other sponsors.
There were 11 witnesses in favor of the ordinance and none opposed, although committee chair Phyllis Cleveland asked Durica if she would like to testify.
First to speak was TransFamily director Jake Nash.
"To understand the importance of this ordinance, you have to understand me," said Nash.
Nash passed around an old photo of himself as Pam, and explained, "Transgender people are judged by their appearance, not by what is in their heart."
Nash spoke of violence against transgender people.
"I hope I don't see any more transgender Clevelanders out on the street because no one will hire them," he said. "Please do not let fear stop you from doing the right thing and passing this ordinance."
LeAnne Bauer said she currently has an employer who supports her, "but with the economy the way it is, what if I have to find new work?"
"No one knows I used live life as a man,' said Bauer. "My landlord doesn't know."
"As far as work history goes, there is no history of LeAnne. No diploma, no other work experiences. I would have to explain that I was not always LeAnne, and then it's like rolling the dice," Bauer said.
Adam Tokar said that Adam is not yet his legal name.
"If I send a résumé, my résumé has my birth name on it," Tokar said, describing what happens when potential employers learn of that situation.
"I have run into that circumstance several times already," he added.
"Most people don't question whatsoever me being male. Most people question me being female, so if they have to address me with a female name, they get all uncomfortable," Tokar said.
Tokar also told the committee he had been denied use of the restroom at work by an employer.
Four Ohio cities have similar laws
Bowman told the committee that the last three Ohio cities that have passed gay and lesbian non-discrimination ordinances have included gender identity. Those cities are Cincinnati, Oxford and Dayton, along with Toledo's decade-old ordinance. Eleven other Ohio cities cover sexual orientation only.
Ohio has no state non-discrimination law covering either, but 20 states do. Thirteen of these cover gender identity-including all eight measures passed since 2002.
Bowman pointed out that council last month passed a resolution urging state lawmakers to pass the Equal Housing and Employment Act, which includes gender identity.
"Keeping with what you have already supported, passing this ordinance makes sense," Bowman said.
"Law is slow to catch up with society," said ACLU's Davis. "Cleveland was one of earliest cities to embrace sexual orientation in its non-discrimination ordinance, and now it's time that we add gender identity and expression to that as well."
Davis told the story of retired Army Col. Diane Schroer, formerly David, who was hired in 2004 at the Library of Congress, then turned down once they learned she would be transitioning on the job.
Schroer is an insurgency and counterterrorism expert, and was hired by the library to work in the congressional research service.
With the help of the ACLU, Schroer successfully sued the library in federal court.
Davis read from the court's September decision: "Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too, that his employer testified that he harbors no bias against either Christians or Jews, but only converts."
Davis continued, "That would be a clear case of discrimination because of religion. No court would take seriously that converts are not covered by the statute."
'Expression' included in definition
The bill's sponsor, Joe Santiago, asked if there was a need to add the phrase “and expression" after "gender identity" in the bill's wording.
Davis said adding "expression" would be a broader definition and more inclusive. After discussion, however, Santiago and the members agreed that the measure's definition of "gender identity" essentially includes "expression."
The discussion brought in Pierce Scott, who was present for about two thirds of the second hearing.
"I think I'm the only council person who voted against both ordinances when they were introduced and I will be doing the same today," said Pierce Scott.
She said this was "based on discussion I have had with people in your community and about not being educated enough on the transgender identity piece as well as the registry."
"I had the opportunity to hear everybody today, although my vote is not changed, I find myself just inkling along to better understand," Pierce Scott said.
"However, 'expression,' councilman Santiago, I'm unsure, because while identity is clear, 'expression' can mean white Ts, do-rags and saggy pants," Pierce Scott added.
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"So if [the ordinance] is going to move, let's not overdo it," she continued. 'Expression' could be anything. It could be piercings, tattoos."
After the hearing, Pierce Scott approached Tokar, and told him that she appreciated his story and was moved by it. Then she hugged him before telling a reporter that she would vote against the ordinances and would give no further comment.
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