(no subject)
From: Caeden Dempsey
Subject: Action Alert - Contact GLSEN Immediatly
Sent: Friday, July 2, 2004 12:59 PM
ACTION ALERT
Contact GLSEN Immediately
Over the last year or so, our allies at GLSEN (Gay, Lesbian and Straight Education Alliance) have been working on a federal anti-bullying and harassment bill with education advocates and members of Congress. The bill, which was just shared with the Washington, DC LGBT community, would amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs. Our understanding is that the bill is tentatively to be filed in Congress by Congressman John Shimkus (R-IL) next Tuesday or Wednesday, July 6 or 7.
NCTE is extremely concerned because the bill does not explicitly include gender identity or expression as protected characteristics. We are further concerned that the transgender community has not been consulted on the bill.
We are asking GLSEN and Congressman Shimkus to delay the initial introduction of the bill until further discussions can be held.
The bill as currently written prohibits harassment and bullying when they are based on “a student’s actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, religion, or any other distinguishing characteristics . . .” GLSEN’s idea is to protect transgender and gender non-conforming students under the category of “identity with regard to gender.” While GLSEN seems sincere in wanting to protect the entire LGBT community, every LGBT civil rights attorney we have consulted disagrees that this bill does that. We need to let GLSEN know that this language is not acceptable.
We have identified several very serious deficiencies with that language that will be especially dismissive of transgender students, but which will also fall short of protecting gender non-conforming gay, lesbian, bisexual and straight students as well:
1) “identity with regards to gender” is a new, untested and, frankly, convoluted configuration of gender identity;
2) it is apparently designed specifically to avoid the terms “gender identity and expression” in order to sneak transgender people into the bill under the radar, which means we will lose the benefit of educating both students and educators about the law (students and educators may not know or may be unwilling to accept that trans identities or expressions are covered);
3) it negatively impacts the language used in other federal bills, as well as state and local bills by creating yet another weak precedent (GLSEN, which has previously been so trans- supportive has already begun to support similar weak language for state bills); and
4) possibly most important, the language totally excludes protections based on gender expression, which is, of course, a primary basis for much bullying and harassment in schools.
There are other issues with the bill that indicate a delay in introduction would be advisable, such as the inability for a student to sue in order to stop harassment. Other LGBT and civil rights organizations would like a delay as well to allow time for input and discussion.
In today’s public schools, where transgender and non-trans students are being much more out about their gender identity and expression, we need to make sure they are safe. Protecting our young people is an absolute obligation. This bill simply and unquestionably falls short of protecting them as they deserve to be protected.
Last week we were shown the bill language for the first time and told that it was being introduced as written. This rush to introduction without appropriate consultation is especially unfortunate in that the prospects for passage this year are small; waiting several weeks or months cannot hurt the bill.
Immediate Action Steps:
1. Please respectfully contact GLSEN and ask them to delay introduction of their bill and change the language to explicitly protect all LGBT students from harassment and bullying. GLSEN’s Executive Director, Kevin Jennings, can be contacted at 212.727.0135 x113 or kjennings@glsen.org. GLSEN’s Policy Director, Neil Bomberg can be contacted at 202.347-7780 x203 or nbomberg@glsen.org.
2. NCTE appreciates receiving copies of any correspondence you send.
For more information
Contact NCTE
202-639-6332
ncte@nctequality.org
Caeden Dempsey
Field Director
National Center for Transgender Equality
1325 Massachusetts Ave, NW Suite 600
Washington, DC 20005
202.639.6332
cdempsey@nctequality.org