2 GAY PEOPLE'S CHRONICLE

May 4, 2012 www.GayPeoples Chronicle.com

Job bias laws protect TG people, says U.S. agency

by Anthony Glassman

Washington, D.C.-The federal workplace civil rights agency unanimously decided on April 23 that U.S. job equality laws include transgender people.

The Equal Employment Opportunity Commission held that the sexual discrimination clause known as Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of gender identity.

The ruling was issued in the case of Mia Macy, a transgender woman who was denied employment with the Bureau of Alcohol, Tobacco and Firearms. She applied for a position as a ballistics technician in a California ATF lab as a man, and was told she was going to get it. However, after revealing that she was in transition, the office told her that funding for the position had been cut, then hired another person for the job.

Macy was a police detective in Phoenix, Arizona, as well as an Army veteran. Before revealing her transgender status, she was contacted by the contractor hired to fill the position to begin paperwork and undergo the background check. She informed them of her change in gender, and asked them to inform the director of the ATF lab on April 3, 2011. Five days later, she was contacted again by the contractor and told that federal budget cuts had eliminated the position.

Macy and her attorney filed a complaint with the ATF, alleging sex discrimination. She later took the complaint to the EEOC.

"The Commission hereby clarifies that claims of discrimination based on transgender status, also referred to as claims of discrimination based on gender identity, are cognizable under Title VII's sex discrimination prohibition," the commission wrote, taking the ATF to task for trying to

separate allegations of anti-transgender discrimination from discrimination based on

sex.

"That Title VII's prohibition on sex discrimination proscribes gender discrimination, and not just discrimination on the basis of biological sex, is important," the ruling continues. "If Title VII proscribed only discrimination on the basis of biological sex, the only prohibited gender-based disparate treatment would be when an employer prefers a man over a woman, or vice versa. But the statute's protections sweep far broader than that, in part because the term 'gender' encompasses not only a person's biological sex but also the cultural and social aspects associated with masculinity and femininity."

"This ruling is a major advancement in transgender rights that will provide a sig-

nificant tool to fight discrimination," said Mara Keisling, executive director of the National Center for Transgender Equality. "It will also help us advocate for still-needed protections like the [LGBT] Employment Non-Discrimination Act and the federal contractors executive order."

Rea Carey, executive director of the National Gay and Lesbian Task Force, pointed out how such discrimination can have a snowball effect, completely shattering people's lives.

"She [Macy] and her family moved from Phoenix to the Bay Area because of a job offer," she said. "After the job was taken away, they couldn't afford to keep up their house payments, and their home was foreclosed on. This has been devastating. This is no way to live, and the EEOC's ruling will go a long way toward addressing such injustices." ✓

Den mother kicked out of Boy Scouts for being gay

by Anthony Glassman

Bridgeport, Ohio-The Boy Scouts of America are finding themselves in a familiar position, defending against protests over their policies barring gay and atheist members and leaders.

This time, the controversy erupted

over

the dismissal of a lesbian den mother in this Ohio River town across from Wheeling, W.V. Jennifer Tyrrell was ousted last month as the den mother of the Tiger Scouts in Pack 109, the pre-Cub Scout group for first grad-

ers.

She had informed all the parents in her troop of her sexual orientation before accepting the position last year, and none of them had any issue with it. Her 7-year-old son Cruz is in the troop, and parents are required to accompany their children to meetings.

After being asked to become treasurer of the troop, she raised questions about its finances, and was told in early April by a regional Boy Scout Council representative that she would have to resign because of her sexual orientation.

Petition

Continued from page 1

believed that it was sufficient to allow a reasonable reader to determine what the legal effect of this amendment would be . . .” The summary reads, "This amendment would repeal and replace Article XV, Section 11 of the Constitution to:

“1. Allow two consenting adults freedom to enter into a marriage regardless of gender; "2. Give religious institutions freedom to determine whom to marry;

"3. Give religious institutions protection to refuse to perform a marriage." The present Section 11 is the 2004 ban amendment.

The new amendment, titled "The Freedom to Marry and Religious Freedom Amendment," says: "Be it resolved by the People of the State of Ohio that Article XV, Section 11 of the Ohio Constitution be adopted and read as follows:

"Section 11. In the State of Ohio and its political subdivisions, marriage shall be a union of two consenting adults not nearer of kin than second cousins, and not having a husband or wife living, and no religious institution shall be required to perform or recognize a marriage."

The suit claims that the petition summary is “unfair, misleading or untruthful" because,

"A. It falsely states that the proposed constitutional amendment would give religious institutions the freedom to determine whom to marry;

"B. It states that under the proposed constitutional amendment religious institutions would not be required to perform a marriage, but it selectively and arbitrarily omits that under the amendment religious institutions would not be required to recognize a marriage;

"C. It states that the constitutional amend-

The Boy Scouts of America is a private organization, despite a Congressional charter and financial breaks from many governments. It won a 2000 Supreme Court decision that they have a right to freedom of association, and can bar gay and atheist members and personnel. The national leadership claims that the part of their oath requiring people to be "morally straight" means they have to be heterosexual.

They also say that the Boy Scouts is not the proper forum for sexual education.

But few if any of Tyrrell's young charges knew of her sexual orientation-until the Boy Scouts made it an issue by dismissing her. Now, parents say they have to explain sexual orientation to their seven-year-old sons because of the Boy Scouts of America.

Parents of Tyrrell's Tiger Scouts held a protest demanding that she be reinstated, and a Change.org petition quickly garnered over 120,000 signatures.

A board member of the Boy Scouts' Ohio River Valley Council resigned in protest on April 27.

ment would allow two consenting adults to marry regardless of gender, when in fact it would allow two consenting adults of the same gender to be married, and would only allow two consenting adults to marry if they are not nearer of kin than second cousins and they do not have a husband or wife living; and

"D. It does not adequately alert prospective signers to the language of the Constitution that would be repealed by the amendment."

Capital University Law School professor Mark Strasser said last month that he believes that the certified petition language is "fair and accurate as far as it goes." But the point about religious institutions not being required to "perform" a marriage as opposed to not being required to "recognize" a marriage is a valid one, and the strongest argu-

ment.

However, DeWine noted, "When examining whether the summary is fair and truthful, however, it is not required that the summary detail absolutely every item that the amendment could or would do. Instead, the summary must be detailed enough to allow a reasonable person to read and understand the amendment and then determine whether he or she would want to sign the amendment."

"No reasonable person would believe it necessary to be given specific information in the summary that the amendment continues to ban marriage by partners of close consanguinity," DeWine wrote. "Similarly, no reasonable person would believe it necessary to be told that the amendment would continue the state's prohibition against bigamy. Finally, no reasonable person would feel they were deceived by omission or

Continue on page 6

"Ms. Tyrrell's removal goes against my fundamental beliefs of how we should treat our fellow human beings and is, in my opinion, wholly discriminatory," David Sims wrote in his resignation letter, according to the Gay and Lesbian Alliance Against Defamation.

One parent told CNN's L.Z. Granderson, "I'm not a city person. I'm just a backwoods hick, and I don't think anybody around here have an issue with homosexuals. She did a wonderful job, and what they did to her was just horrible."

He continued, "When I told my son Jen was kicked out because she is gay, he didn't

know what was wrong because he though gay meant happy. He's just devastated."

A grandfather of one of the Tiger Scouts, misunderstanding Granderson's perspective and questions, got offended at what he perceived was a suggestion that Tyrrell had brought up her sexuality orientation at troop meetings.

"I do not know where you are getting your information, but never ever has sex been brought up, not in any way, shape or form. In fact, I was not aware of Jen even being gay for quite some time," Don Thomas said. "Wasn't an issue or concern.'

A loud and joyful noise

""

BRIAN DEWITT

Nearly 600 people attended "Break the Silence, Make a Joyful Noise," a "friendraiser" for GLSEN Northeast Ohio on April 20. Among them were, clockwise from lower left, Dale Krusinski, Cliff Wilson, Jimmy Watson and Dave Volk, enjoying a table with a view. The event culminated the area's Day of Silence activities, highlighting the bullying and harassment of LGBT students. This year's Day of Silence, the 17th annual commemoration, saw around 8,000 students participating across the globe. When it started in 1996, around 150 people at the University of Virginia held a day of non-violent protests on their campus before making it a national event in 1997.

Representatives from the Department of Education's civil rights office, the local and national chapters of the Gay, Lesbian and Straight Education Network and State Rep. Nickie Antonio spoke to the assembled throng in the Terrace Club at Progressive Field. On the diamond below, the Cleveland Indians Charities Hardball Classic featured the Padua Franciscans taking on Warren Howland. It was fitting that the high school athletes also benefit from GLSEN's efforts to create safe schools for all students.

GLSEN-NEO co-chair Gary DiBianca encouraged the crowd to contact their schools. "You all went to high, middle and elementary school," he said. "You have every right to call those schools and ask what they are doing to educate their teachers, administrators and staff about LGBT kids."

"You all now pay taxes to support high, middle and elementary schools," he continued. "You have every right to call those schools and ask what they are doing to educate their teachers, administrators and staff about LGBT kids."

Rep. Antonio joked that it was nice to play to a friendly room, unlike when she is speaking at the Statehouse. She has a trick for handling tough crowds, however, one she feels can help students having a difficult time in school.

"Look in the mirror and say, 'I belong here.' I tell students to do the same. It changes things, and it changes you," she noted.

The evening also saw a short program performed by the North Coast Men's Chorus, and three hours for community members, representing 30 LGBT organizations and their supporters, to get together.

-Anthony Glassman