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ADVOCACY FOR EQUALITY OF OPPORTUNITY: MARRIAGE EQUALITY AND GENDA
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| Equality of Opportunity: Marriage Equality and GENDA |
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Current Action
- MARRIAGE EQUALITY - enabling two individuals of the same sex to enter a civil marriage;
- PASSAGE OF THE GENDER EXPRESSION NONDISCRIMINATION ACT (GENDA)
This act would extend the NYS Human Rights Act to prohibit discrimination based on gender identity and expression, and to include offenses regarding gender identity or expression under the NYS hate crimes statute.
Since 1993 the New York State League has supported equality of opportunity in employment, housing, and access to public accommodations for all people in New York regardless of their race, color, gender, religion, national origin, age, sexual orientation or disability.
After the Equality of Opportunity position’s adoption, the LWVNYS lobbied for passage of SONDA, the Sexual Orientation Non-Discrimination Act. SONDA was passed and signed in 2002, and discrimination in housing, employment, and public accommodation on the basis of sexual orientation became a prohibited activity in New York State. SONDA also added Sexual Orientation to the protected classes under the NYS hate crimes statute. However, although the positions of both the state and national LWV interpret gender equality to prohibit discrimination based on sexual orientation, gender identity and expression, SONDA did not so define gender. SONDA only prohibits discrimination against sexual orientation. Consequently, discrimination based on gender identity or expression is still legal in New York State, whether in housing, employment, public accommodation (restaurants and movies, for example), etc. Some local laws in New York City, Albany, Buffalo, Ithaca, Rochester, Suffolk and Tompkins Counties have anti-discrimination ordinances protecting gender identity and expression. But there is no protection at all for this minority under the NYS hate crimes statute.
These terms can be confusing: what do the classifications mean and how are they different? Sexual orientation refers to one’s romantic and sexual attraction. Gender identity and expression refers to the way people self-identify, their personal sense of being a man or a woman, and how they present their masculinity and/or femininity to the world, through clothing, mannerisms, voice, etc. Often, but not always, this corresponds to the person’s sex as assigned at birth, so that a person born biologically male or female often dresses, adopts a hair style, and uses a name and pronoun in ways that reflect the culturally accepted roles associated with their birth sex. Transgender is an umbrella term used to designate a community of people who regularly present in a gender different from the sex assigned to them at birth and who live a significant part of their lives in that gender. This includes people who have undergone medical procedures to change their sex and those who have not. Gender variance is not in itself any indicator of sexual orientation. Just like everyone else, gender variant and transgender people may be heterosexual, homosexual, bisexual, or asexual.
Although the transgender community is small, it faces staggering societal discrimination. Addressing this, the Assembly has twice passed the Gender Expression Non-Discrimination Act (GENDA) GENDA would add gender identity and expression to other protected categories, such as race, religion, and sexual orientation, in New York’s human rights laws. GENDA would make it illegal across the state to fire someone from a job, evict them from an apartment, deny them a loan or refuse them service in a restaurant simply because they are transgender. It would also add gender identity and expression to the state’s hate crime laws to help protect transgender people from violence. Its protections also cover persons who don’t fit a stereotypical male or female norm, like a masculine woman or a feminine man. |
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Current Bills
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Legislative Memos
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Recent Letters, Press Releases, Op Ed Pieces, and Press Coverage
Letters from League President Betsey Swan to Governor Cuomo in support of GENDA
LWVNYS President Betsey Swan Writes to League Members on Marriage Equality and GENDA Action (2/22/2011) |
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League Positions
The League of Women Voters of the United States believes that the federal government shares with other levels of government the responsibility to provide equality of opportunity for education, employment and housing for all persons in the United States regardless of their race, color, gender, religion, national origin, age, sexual orientation or disability.
Equality of Opportunity - LWVUS Position
This position is interpreted by the LWVUS to prohibit discrimination based on gender identity or expression. At the LWVUS Convention in June, 2010, this position was amended to include marriage equality, the ability of two people of the same sex to marry.
Click here to see a history of our action under the Equality of Opportunity position. |
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Written Materials
MARRIAGE EQUALITY
- Memorandum by Lori Dawson
Prepared for the 2010 LWVUS convention in support of amendment from the floor to amend position in support of Marriage Equality(4/29/2010)
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Our Stories - We asked League members to share stories of how these issues affected them and those they love.
LWVUS Board Member, former President of the LWVNY, and Chautauqua County League member Marcia Merrins wrote:
When Ina told me that she was in love with a woman, it was a surprise. She was a typical high school teen. She was a superb student, cheerleader, and went on dates. I have to confess that when she was away at college, I guess I didn't know much about what she was doing sexually. I now know there was some experimentation. She met a guy in summer school at Harvard and they seemed so great together. She was about to be engaged, when her father tragically died. At this time, her boyfriend began to be a bit more critical and she broke it off. She went to Texas for graduate studies and had a wide circle of friends. One was a guy and Ina desired to be more than friends. When she realized this wasn't to be she left to teach in the American school in Sao Paulo.
When she came home for a break told me she was in love with Cecilia. Looking back I can say I was not happy about this and tried to be supportive, yet honest. I told her that all I wanted for her was to be happy and fulfilled (like most parents). In our society at that time, though less so now, she would have a hard time making her way and I was concerned. As it turned out, Cecilia was from Toronto. They moved there, got jobs, bought a home and got married. Toronto is certainly more tolerant than we are here and they have a good life. They have a mixture of friends, heterosexual, homosexual, interracial and straight. They all are a lovely bunch of people. We met them often at parties and other functions. In time, they wanted children. One partner of a gay couple who was also a good friend offered to donate his sperm. Ina carried two children with the same sperm donor. Mabel and Ollie are lovely, adorable grandchildren. As we both get older, we recognize the inner strength within us and are so proud to be mother and daughter.
Cortland League member Sharon Stevans wrote:
My daughter (who is 31 years old) was born & raised in NY and is a lesbian. She now lives in San Francisco, CA. The atmosphere and opportunities for her were greater there. Her father and I are very sad that our wonderful, smart, independent, generous daughter does not have the same rights as other citizens only because she is gay. She and her partner are not able to marry. Two of our daughter's friends have been prohibited from being at hospital bedside of their critically injured same sex partners. Our daughter was the victim of a hate crime assault. I have lobbied our federal reps before and am happy to lend my voice in any way to the League's efforts to pass marriage equality. |
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How to Get Involved
If this issue is important to you, your help is needed! You could:
- Save the Date. On Monday May 9, 2011 (date was changed, so note this date carefully) the Empire State Pride Agenda (ESPA) is holding its annual lobby Day, Equality and Justice Day, in Albany.
- Volunteer. If you plan to attend ESPA Equality and Justice Day on May 9 (especially if you are from the Capital area), please consider being a volunteer, helping facilitate registration and attendance of hundreds of activists from around the state. There is no registration expense for volunteers; register by emailing your request to NYPrideVolunteer@gmail.com.
- Lobby your Elected Officials, either in Albany or in your home district. Our lobbying efforts will focus on Assembly members and Senators who have no stated positions or who are opposed to these bills. We are looking for League members who are willing to call, write, or visit one or both of their own elected officials.
- Send your Story to the Story Bank. We story bank about ways in which the failure to support marriage equality and prohibit transgender discrimination has hurt you or those you love. If you have a story you are willing to share, please send it to us.
- Please contact Suzanne Perry, Loudonville, to volunteer or for more information about these efforts.
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