To:             Joint Committee on the Judiciary

From:          Representative Denise Andrews, Second Franklin District                 

Subject:       Personal Testimony In Support of Transgender Equal Rights Bill-

HB 502 and S764

Date:           June 8, 2011

Thank you to the Chairs and to the Committee for your interest and work in advancing our Commonwealth and our stateÕs historical role as a leader in civil rights and equality.

ÒA community is democratic only when the humblest and weakest person can enjoy the highest civil, economic, and social rights that the biggest and most powerful possess.Ó This is a quote from A. Philip Randolph the founder of the March on Washington which advanced our countryÕs civil rights.

 

Massachusetts citizens and their government are also known for and are called to be key leaders in advancing our society, a society that respects and is just to all. Once again, we have a chance to continue this calling and legacy.

I speak in strong support and as a co-sponsor of the Transgender Equal Rights Bill because it is just and is the right action to take to advance civil rights in our Commonwealth and world. This action will provide an additional policy to insure that all citizens are protected against discrimination.

For background:

I have worked with others for over 25 years in the private sector, to advance civil rights and diversity and inclusion. IÕve had the privilege to learn and teach diversity and inclusion to thousands of people, in over 23 counties, who desire to engage and to progress on these issues. What IÕve found to be a common experience across all countries is that on many diversity and civil rights issues, there are commonly held beliefs. There are, also, fundamental disagreements that will never be changed. However, even with these fundamental differences progress can occur. What I have learned, developed and taught leaders is that if we embrace the principle, Òwe do not need to agree but we must ensure respect, compassion and justice for allÓ, we can progress. Leaders in international and local companies understand the importance of spearheading civil rights and diversity in order to both attract and retain top talent, as well as it is an essential way to create competitive advantages in the market place. Many leaders and companies have already enacted policies and benefits to insure that transgender individuals are given the same rights, protection, benefits and respect as their colleagues enjoy.

I, also, Chair Governor PatrickÕs Non Discrimination, Equal Opportunity and Diversity Advisory Council for our Commonwealth. Our charter is to move Massachusetts to be a global model and an exemplar state in diversity by 2020. In order to achieve this it will require Massachusetts to accelerate our progress and actions in civil rights and diversity and inclusion. Massachusetts leads in many areas but still has a long way to go in other areas, Transgender equality is one of those areas where we are lagging. In researching to prepare for this testimony, I found there are approximately 34 countries/territories that are actively making progress on transgender rights, protection and justice. South Africa lead progress in 2003 and several countries have since followed, including Bolivia, Pakistan, Croatia, Poland, Spain, Turkey, Israel, New Zealand and the Netherlands. In 2009, the United States, after a decade of struggle, passed and President Obama signed into law the Federal Hate Crime Law, an inclusive hate crimes bill that includes gender identity. Today, at the local level, approximately fifteen states plus Washington DC and 132 cities including Boston (2002), Cambridge (1997), Northampton (2005) and Amherst (2009) have enacted laws to include gender identity/expression to non-discrimination and hate crime laws. Our Governor, also, recently moved Massachusetts ahead by issuing an Executive Order protecting transgender state employees from discrimination. Now it is the General Courts time to act! The adoption of the Transgender Equal Rights bill is another critical step to have Massachusetts join the ranks of existing leaders for advancing civil rights and just societies.

After benchmarking with other public and private organizations that have advanced transgender rights and benefits, one should conclude that passing the Transgender Equality Bill is logical and straightforward.

However, there is also a moral and emotional analysis that we need to consider.

We must not be ignorant or emotionally disconnected from the reality that we in this commonwealth are not consistently treating people with respect, with compassion or justly. Discrimination, harassment, minimization and disparities are a reality for the vast majority of our transgender brothers and sisters in our Commonwealth.

I have attached two reports with compelling facts that begin to dimensionalize these disparities. (The National Transgender Discrimination Survey and the Williams InstituteÕs Report on ÒThe Cost of Employment Discrimination against Transgender Residents of MassachusettsÓ).

We must ask ourselves as elected leaders, if we or members of our family faced these injustices would we tolerate it?  I choose to believe our collective unanimous answer would be ÒnoÓ. The reality, however, is that members of our extended family are facing these injustices daily, and I respectfully implore you to care deeply and to act in order to end tolerance of these injustices and disrespect.

I respectfully request your committee to urgently move this bill out of committee with a favorable finding. Present the opportunity to the members of this 187th General Court of Massachusetts to act and advance the Transgender Equal Rights Bill, thus continuing the legacy of MassachusettsÕ civil rights leadership.

With God speed, thank you.

Representative Denise Andrews

 

Additional quotes for reflection as one deliberates:

 

ÒAll, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights, which equal laws must protect, and to violate would be oppression.Ó                         

 

Thomas Jefferson

 

ÒIn giving rights to others which belong to them, we give rights to ourselves and to our country                                         

 

John Fitzgerald Kennedy

 

 

 ÒThere is no place for violence or intolerance in this country, and it is urgent that we address these issues now. Ò                  

Hillary Rodham Clinton

 

1.References:

LGBT rights by country or territory

National Transgender Discrimination Survey

Legislative Brief: Transgender Equal Rights Coalition

The Cost of Employment Discrimination against Transgender Residents of Massachusetts