You’re Just A Tranny… And You Always Will Be

So we’ve got a trans-inclusive ENDA, time to celebrate!

Or so I thought, till I actually looked at the language.

Section 8(a)(3) CERTAIN SHARED FACILITIES- Nothing in this Act shall be construed to establish an unlawful employment practice based on actual or perceived gender identity due to the denial of access to shared shower or dressing facilities in which being seen fully unclothed is unavoidable, provided that the employer provides reasonable access to adequate facilities that are not inconsistent with the employee’s gender identity as established with the employer at the time of employment or upon notification to the employer that the employee has undergone or is undergoing gender transition, whichever is later.

So even if you’ve had sex reassignment surgery, you’re still a tranny. As a friend of mine said, “I didn’t transition so I could identify as a transsexual.”

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I thought separate wasn’t equal?

Marti Abernathey is the founder of the Transadvocate and the previous managing editor. Abernathey has worn many different hats, including that of podcaster, activist, and radiologic technologist. She's been a part of various internet radio ventures such as TSR Live!, The T-Party, and The Radical Trannies, TransFM, and Sodium Pentathol Sunday. As an advocate she's previously been involved with the Indiana Transgender Rights Advocacy Alliance, Rock Indiana Campaign for Equality, and the National Transgender Advocacy Coalition. She's taken vital roles as a grass roots community organizer in The Indianapolis Tax Day Protest (2003), The Indy Pride HRC Protest (2004), Transgender Day of Remembrance (2004), Indiana's Witch Hunt (2005), and the Rally At The Statehouse (the largest ever GLBT protest in Indiana - 3/2005). In 2008 she was a delegate from Indiana to the Democratic National Convention and a member of Barack Obama's LGBT Steering and Policy Committee. Abernathey currently hosts the Youtube Channel "The T-Party with Marti Abernathey."

14 Comments

  1. your anecdote illustrates being identified, not identifying as, trans. a crucial distinction, in my view.

    “i didn’t transition to be thought of as trans” is a different sentiment than “i didn’t transition to be (identify as) trans.” i disagree in principle with both, but have more sympathy with the former, at least on rational grounds.

  2. your anecdote illustrates being identified, not identifying as, trans. a crucial distinction, in my view.

    “i didn’t transition to be thought of as trans” is a different sentiment than “i didn’t transition to be (identify as) trans.” i disagree in principle with both, but have more sympathy with the former, at least on rational grounds.

  3. “trans is not an identity, but a motivation and a behavior. if you don’t want to be trans, then don’t transition.”

    “” i have said before and will continue to maintain that there is no relevant epistemological contradiction between trans and being a woman, or a man.”

    You may not see a contradiction, but many in the world sure as hell do. Example: A co-worker didn’t know I was trans. He flirted with me pretty much every time he came down to my department. One day close to my birthday he asked me what i wanted for my birthday. I said i wanted SRS. He was stunned and confused and asked me if I was going from F to M! From that day forward I was either a trans or a man to him. I understand your point and personally agree with it… but I also understand those that don’t want to wear that badge at work.

    As far as any change of it, I doubt it will happen. If anything is changed, it will be our complete removal from the bill in committee.

  4. “I didn’t transition so I could identify as a transsexual.”

    oh?

    trans is not an identity, but a motivation and a behavior. if you don’t want to be trans, then don’t transition.

    and what is the point of being a transadvocate, if not to advocate for the rights of transpeople?

    i think the failure here is the residual internal conflict that leaks out in phrases like “just a tranny.” i have said before and will continue to maintain that there is no relevant epistemological contradiction between trans and being a woman, or a man.

    and speaking for myself, i am never “just” anything.

    that said, the language of the quoted Section is unfortunate, and does establish a prejudicial segregation. let’s hope that the pasrties most active in that area can bring some weight to bear on its amendment.

  5. “I didn’t transition so I could identify as a transsexual.”

    oh?

    trans is not an identity, but a motivation and a behavior. if you don’t want to be trans, then don’t transition.

    and what is the point of being a transadvocate, if not to advocate for the rights of transpeople?

    i think the failure here is the residual internal conflict that leaks out in phrases like “just a tranny.” i have said before and will continue to maintain that there is no relevant epistemological contradiction between trans and being a woman, or a man.

    and speaking for myself, i am never “just” anything.

    that said, the language of the quoted Section is unfortunate, and does establish a prejudicial segregation. let’s hope that the pasrties most active in that area can bring some weight to bear on its amendment.

  6. “Or…since some people in this country cannot get a legal recognition of their gender change acknowledged, they are caught in a limbo. This text would eliminate the possibility of being discriminated against should they be post-transition, but not “legal” in their gender presentation.”

    Actually, that type of discrimination is already illegal (Title 7, see Price Waterhouse v. Hopkins, Schroer v Library of Congress, and Smith v Salem).

  7. Or…since some people in this country cannot get a legal recognition of their gender change acknowledged, they are caught in a limbo. This text would eliminate the possibility of being discriminated against should they be post-transition, but not “legal” in their gender presentation.

    e.g. If you were born in Tennessee or Ohio, to name two states that will not change your birth certificate, or live in Kansas or Texas, two states which have ruled in divorce cases that transleopards cannot change their spots, you don’t want to have a legal ambiguity post transition when coming to work.

    Some lawyers would split those kinds of hairs, if someone sued, and the language was not there.

    It’s a compromise.

  8. Or…since some people in this country cannot get a legal recognition of their gender change acknowledged, they are caught in a limbo. This text would eliminate the possibility of being discriminated against should they be post-transition, but not “legal” in their gender presentation.

    e.g. If you were born in Tennessee or Ohio, to name two states that will not change your birth certificate, or live in Kansas or Texas, two states which have ruled in divorce cases that transleopards cannot change their spots, you don’t want to have a legal ambiguity post transition when coming to work.

    Some lawyers would split those kinds of hairs, if someone sued, and the language was not there.

    It’s a compromise.

  9. Crap. Maybe, just maybe, this was an oversight that can be worked out in conference. Next year (or in two years), after this year’s version of ENDA gets vetoed, someone will have to fix that. Sigh.

  10. Crap. Maybe, just maybe, this was an oversight that can be worked out in conference. Next year (or in two years), after this year’s version of ENDA gets vetoed, someone will have to fix that. Sigh.

  11. Silly girl! We can’t have wayward penises hanging about in the ladies dressing room. Even if the penises in question have been turned inside out and made into vaginas, they’re still there, you know. There is a suggestion that we can avoid all the problems attendant in this by having either 3 facilities (Men, Women, Other) or only 1 facility (Human). I believe there’s also a move underway to tattoo either an M or an F on your butt cheek when you’re born so we can tell which toilet you’re supposed to shit in.

  12. Silly girl! We can’t have wayward penises hanging about in the ladies dressing room. Even if the penises in question have been turned inside out and made into vaginas, they’re still there, you know. There is a suggestion that we can avoid all the problems attendant in this by having either 3 facilities (Men, Women, Other) or only 1 facility (Human). I believe there’s also a move underway to tattoo either an M or an F on your butt cheek when you’re born so we can tell which toilet you’re supposed to shit in.

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