Mercedes Allen on trans rights: I have an agenda
GUEST COLUMN / Protection in housing, employment at heart of C-389
Mercedes Allen / National / Monday, December 06, 2010
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I have an agenda. I do. Don’t call it a “hidden” agenda, because I don’t bother to hide it. Whether it’s an “evil” agenda is up to the beholder. And when I call it “my” agenda, it’s because I know I can only speak for myself — although I’m sure that many others will share it.

On Dec 7, the Government of Canada will debate Bill C-389, a private member’s bill put forward by New Democrat MP Bill Siksay. This bill proposes to add gender identity and gender expression to the list of protected classes in the Criminal Code of Canada and the Canada Human Rights Act.

It would be wonderful to think that the knowledge that all people should be treated equally would be enough to make people do so, but unfortunately, many people in our society routinely single out people they feel should be excluded and treated as lesser beings -- as seen when 79 nations voted specifically to exclude sexual orientation from a Nov 16 UN resolution that condemns executions of people motivated by prejudice. In the past few weeks, evangelical lobbyist Charles McVety and other opponents have attempted to portray trans people as sexual predators and pedophiles in order to assert that we should be excluded from rights legislation. Unfortunately, it becomes necessary for the government to send a signal that it is not acceptable to make decisions that would marginalize or exclude people on the basis of these characteristics.

I would like to be able to find and keep work based on my skills and work ethic.

I lived in Edmonton when I first transitioned and worked for a company for 19 years. We set a date at which they expected to have a relevant policy in place and I would start living full-time as female. When we’d reached the point in our timeline at which I was to transition, there was still no policy, so I was instructed to wait. Months passed with no transgender policy being written or even discussed. I offered resources and found people willing to help management to understand the issue and how to navigate it in the workplace, but this fell on deaf ears. After a year of this dual existence, I crashed emotionally.

Finally, I was offered a lower position and less pay, which, at the start of the Alberta economic boom, meant that I was earning less money as a 19-year employee than the inexperienced new recruits that I was training. I moved on from that job three years ago, and this company still does not have a policy on transgender people, because they only see a need to be congruent with Canada’s existing human rights legislation.

I would like to be able to remain in my home or apartment without being ejected because of who I am.


When I first transitioned, my neighbours in the apartment I lived in were largely supportive and as understanding as they could be, and continued to appreciate that I was a quiet, conscientious neighbour. However, the Calgary-based landlord did not feel the same, and I was given a special bonus rental increase that more than doubled my rent — an increase that no one else in the building received.

At the time, there was little clarity on whether I had a human rights case, and I was told I was better off accepting defeat and scrambling to find a new apartment. I have since found out that transsexuals have been read into legislation, so there actually are tentative protections. However, these have to be routinely justified in the court and are subject to the judge’s or commission’s acceptance or rejection, so the precedent is not entirely binding and won’t necessarily always be respected.

I would like to be able to go about my life freely, without having to fear being injured or even killed just because someone doesn’t like the fact that I’m trans.

Before my transition, the one outlet I had to express myself was artwork. One art piece I did was of a male torso trying to zip itself up while female arms tried to claw their way out from inside. This piece, and the obvious trans overtones, inspired three college-aged men to attack me, wielding wooden boards and a golf club. Because the trans overtones of my artwork were seen as the cause, the response from authorities was one of “he had it coming,” and no serious investigation ever took place.

I would like to be able to be certain that legal and medical authorities would always be willing to assist me and treat me with respect.


Unfortunately, when it comes to trans people, professionals can suddenly become very unprofessional. In the most extreme cases this can turn quite tragic, such as with Tyra Hunter (who bled to death in Washington, DC, when attending EMTs discovered her trans status and stopped assistance) or Robert Eads (who died of uterine and cervical cancer because he could not find a doctor willing to treat him).

While I haven’t experienced that level of hardship, I have had some barriers with regard to medical assistance. For example, I have not been able to find a gynecologist willing to see me since starting my search in February.

If I am murdered, I’d like to know that the perpetrators would not be able to use my trans status as barter, to reduce the consequences to a charge of manslaughter or mischief.

Mercedes Allen.
Fortunately, I do not have direct experience of this. But I’ve followed trans issues internationally and regularly see news reports of transgender people who are attacked -- and these incidents are often treated as though the victim was “asking for it.” Every year, the trans community commemorates the Transgender Day of Remembrance, remembering victims of violence. Far too often, the courts treat trans deaths as inconsequential.

In one of the more extreme cases in recent years in the UK, Shanniel Hyatt was the only person seen on security footage entering and leaving the apartment of Kellie Telesford, was found in possession of stolen items belonging to her (including her cellphone), and yet was completely acquitted because he successfully argued that since she was a transsexual, it would have made sense that Kellie killed herself by auto-erotic asphyxiation out of grief after the robbery of her apartment.

I don’t seek to control what people believe about me or even say about me other than that they should not be able to act on those beliefs in a way that will create unnecessary hardships and barriers to living my life.

Opponents imply that granting equality to me would infringe on their freedom to disagree with me. That’s not my aim, nor what Bill C-389 is designed to do. Opponents are free to disagree — I simply don’t want their views to make my place of work an unbearably uncomfortable place to be, have their objection be expressed in a way that costs me my livelihood or home, or have their distaste incite harm.

I’m concerned only about the marginalization from people who act on those beliefs, and not the beliefs themselves. I’ll even repeat some of those beliefs for you:

"The Bill [C-389] proposes to encase a homosexual disorder into Canadian law as a “human right,” forcing all Canadians to pay further homage to the homosexual lifestyle.... Please contact your MP to protest this latest attempt to further corrupt Canada’s moral culture."
Catholic Insight, Dec 3

"If you legislate this ill-defined and unsubstantiated definition of “gender expression” as Siksay, you will have just opened the door to every uncommon, unnatural and dangerous sexual expression that can be imagined."
— Brian Rushfeldt, Canada Family Action Coalition, June 8

The bill “not only flies in the face of common sense, but is also potentially dangerous by creating the legitimized access that sexual predators often seek,” by opening the door to men using women’s bathrooms. “Imagine a young girl -- your daughter or granddaughter -- goes into a washroom and finds a man there. How is the young girl to determine whether or not the man in the bathroom is a ‘peeping tom,’ a rapist or a pedophile?”
— Jim Hughes, Campaign Life Coalition, Nov 5

"Instead of recognizing natural reality and truth, they embrace perversion. When young people express confusion about their sexuality, these adolescent adults want to affirm them in the most perverse expressions of this confusion instead of guiding them into clarity and truth.

"Maybe some of these adults are predatory beasts who want to groom and desensitize youth and children to be their victims. Perhaps they are simply fools. Yet another example of normalizing, protecting and affirming something destructive and repugnant."
— Timothy Bloedow, christiangovernance / No Apologies

"This is being in favour of a mental illness, and playing into it. It’s not good for individuals, let alone society. It’s extremely dangerous for children to be taught that transgendered is equal to heterosexual and normal gender."
— Gwen Landolt, REAL Women of Canada

"Gender confusion is a known phenomenon in the lives of some young people. It is a mental problem, temporary for most of those afflicted and, as the American College of Pediatricians noted in a report this spring, ought not to be reinforced as, with time and sensible advice, it will usually be overcome."
Catholic Insight, Nov 16

Both Catholic Insight and Gwen Landolt have made reference to the American College of Pediatricians and their document "Facts About Youth."  In fact, despite its name, the ACP is a non-authoritative body that screens its membership according to specific views on abortion and homosexuality and is not representative of pediatricians in general or the medical establishment overall. It was founded by therapists like Joseph Nicolosi and George Rekers, who push ex-gay reparative therapies denounced as harmful by the American Psychiatric Association and American Medical Association.  The American Academy of Pediatricians is the accepted authority in the field in the US and has emphatically refuted the claims made in the "Facts About Youth" publication.

Words are not the issue.

I’m not afraid of these beliefs, although it’s not exactly heartwarming to hear those things said about you and people like you. But people are free to believe and say those things. I only ask that those attitudes not be seen as justification for denying me work, access to services, housing or other forms of participation in society. The vehemence of those words, though, underscores that there are people out there who would not think twice about doing exactly that.

But I’m confident that if Canadian society will accept me as a peer, then as people get to know real people like me, those attitudes will be revealed as the antiquated myths they are.

There’s nothing particularly special about this agenda, I suppose. It’s not much different from what everybody wants, and what most Canadians enjoy without question. The only problem is that I’m part of a relatively small contingent, and against opposition that is numerous enough that it doesn’t have to rely on rational or factual information to have sway. If change is to come to pass, it needs a signal from the Government of Canada that trans people should not be excluded from the workplace, public services, housing and society in general.

*

Mercedes Allen is a graphic designer, writer and bisexual transsexual living in Alberta. She oversees the albertatrans.org website and is a founding member of the Trans Equality Society of Alberta.


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Reader Comments


 
excellent article
I found this to be a very well written and compelling article that shows the need for gender identity and expression to be specifically added to our human rights code. I'm not trans myself and have no close trans friends though I have talked about what its like to be trans with a trans man I used know. I've often been impressed with the bravery and determination of some trans folks to be themselves openly in public even though they are visibly trans, especially since trans folks face more discrimination than gays and lesbians, in particular those like me who have traditionally male gender appearance so don't stand out in a crowd, gender expression is a big reason for discrimination and bigotry even for gays and lesbians. I've had a friend actually tell me they had no problem with me being gay since I acted like a real man, he meant it as a compliment but it stung me in a way I was never able to make him understand. The only thing he had a problem with about me being gay was that I'm naturally "limp wristed". I have no problem at all with femmy or stereotypically gay men, but that's just not who I am myself though I sometimes act that way if I want to let someone know I'm gay without having to actually say it. Anyways gender expression is a big deal even if you aren't a trans person yourself. I hope this bill does pass even though it shouldn't be necessary it clearly is needed.
Rich, Toronto Ontario
12/06/10 8:38 PM EST
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beautiful
Beautiful words sister! We will keep fighting until we have the equal rights we deserve!
Savannah, Toronto ON
12/08/10 1:41 PM EST
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Powerful Piece
What a powerful piece. Thank you.
Jane Bouey, Vancouver BC
12/08/10 1:51 PM EST
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5 part series TG Rights/DADT
Hi Mercedes! You are lovely! The following 5 part submissions reflect many of the TG brothers and sisters after the Don't Ask/Tell Repeal. OK Class! Test question A. Read the statement and select the one item that has nothing in common with the rest. (1) L (2) G (3) B (4) T The correct answer: T BECAUSE: The acronym [LGB] represents persons who engage in part or full-time love/sex RELATIONSHIPS (inter) between at least TWO persons of the SAME gender. Period. The letter [T] represents persons who PRACTICE (intra) either part or full time, either medically or not, some or all of the gender-specific characteristics opposite to their birth gender as DEFINED BY their native society. Period. So LGB is anchored in gender. T is not. LGB is about relationships. T is not. An LGB livestyle requires at least two persons. A (T) transition does not. The LGBT union insofar as the T is concerned was a failed one from the start. The NAACP did not begin as NAACBA group. (National Assoc. for advancement of COLORED BROWN ASIAN persons). Too much unity can and will lead to dilution. The NAACP founders, by focusing only on "colored", ensured that all future victories would provide concentrated returns for African-Americans. They were not against other minorities. Likewise a divorce from the LGBT union would not possess an anti-LGB spirit. This failed relationship was a matter of numbers. There simply are too few of us in the T category by far. Indeed, the DADT fight was never an LGBT fight. IT stopped where the B ended and the T began. It is do or die time. It is time to stand up and be counted. The DADT victory is NOT an LGBT victory. This is beyond conclusive proof that we who are T were hoodwinked to think we were family and we were---in name only.
Delphi Lomeli, Glendale California
12/22/10 5:06 AM EST
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TG Concerns
I have served in uniform for the U.S at the federal, state, and county levels in law enforcement. I believe in the Christmas story and that we are a blessed nation unique in human history. I am also nearing completion of my successful GRT (gender reassignment transition) journey. Fellow transgender brothers and sisters, the DADT fight will proceed without us but one thing is certain: we have been handed the baton. Each generation is tasked with making it easier for the next. Our cause is justice and equality as honorable TG Americans. First, we must divorce (LGB-T). Second we must remarry (Unite all TG support groups). Third, we must study and adopt the strategy exercised by the anti-DADT warriors. Fourthly, we must implement this strategy and spare no cost or sacrifice as we run toward the finish line. All transgender children born or unborn are counting on us. Let us not fail them.
Delphi, Glendale California
12/22/10 5:14 AM EST
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TG Concerns, Continued
I have referred to the NAACP. It is a (N)National (in scope)(A)association for the (A)advancement (toward equality) of all (C)colored (black) (P)persons. We who are TG also seek (N)national (A)advancement toward equality. We are (T)transgender "in color" (P)persons. We share a genetic genesis for assignment of race or gender. We share the same consequences of phobia up to and including deprivation of life merely for EXISTING. It has become "self-evident" that we who are TG must acquire strong leadership, become equipped, get in formation and march forth. It literally is struggle of life or death. TG Americans do not have equality by default. We are going to to have to climb out on the limb and reach for it, even if we fall trying. Delphi Lomeli
Delphi, Glendale California
12/22/10 5:17 AM EST
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Concerns Final Post
The march to equality began years ago through the efforts of other honorable and valiant TG Americans. Many outstanding TG groups exist and have accomplished much. The LGBT union proved to be a union in name only. The LGB fight is to the T fight as the "colored" is to other races. We do not seek the right to be equal despite who we have sex with, but we seek equality despite who we ARE. We recognize that being transgender should not be an impediment any more than being male or female is. A Transgender journey is not a trans-species journey yet too often we are treated as if it were. It is past time (since the 90's) to form our very own NAACP however this is not 1909. One hundred years later technology has recreated the tower "of Babel" and the world has become one through the power of the internet. I welcome all feedback relating to my proposition that we stop, lick our wounds, and regroup under the IAATP (International Association for the Advancement of Transgender Persons) as my blog is entitled. Love, hugs, and kisses Delphi Lomeli
Delphi, Glendale California
12/22/10 5:19 AM EST
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A great agenda!
(What on earth do five comments on DADT have to do with a post on *Canadian* transgender legal protections? Maybe those were posted on the wrong article...) But amen, Mercedes. I'm ashamed to say I didn't know that we didn't already have gender expression included in the Human Rights Act. We should and it's so stupid that we don't. You write so compellingly about WHY it is important that we have these protections cemented into law. People can think what they like, but no one should lose a home or a job or their safety because of their gender. Maybe the more people see it in terms of actual lives and friends and loved ones, the more they'll come on side. I hope so.
Nenya, Victoria BC
01/19/11 6:27 AM EST
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Nothing
To Answer Nenya's question, it has nothing to do with the above article in that one speaks about Canada and where things stand on gaining rights and protections for people born with transsexualism or who are transgender, the other speaks about the mess in the U.S. By the way Delphi, speaking about who one loves is not a lifestyle, a person who is lesbian isn't having a "lesbian lifestyle". That's the age old homophobic way right wingers try and make it seem something is a choice. Just as it was tried here in Canada when equal marriage was being fought in the courts. Lifestyle speaks about how one goes about their life. It's fortunate that living in Canada we do have better protections that can carry across provinces. If bill 389 passes it will mean better protections, not only for people who were born with transsexualism or even people who are transgender, but also anyone out there who others want to see them looking a certain way, living a certain way etc. It's a mistake made by many people not born with transsexualism make when they dismiss the Gender Expression part of the bill. This protection will protect people, straight and gay alike. Never mind those who do identify as transgender.
femme, toronto ON
01/31/11 4:02 PM EST
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