Has the Future Already Been Forgotten? A Post-2007 Transgender Legal History Told Through the Eyes of the Late, (Rarely) Great Employment Non-Discrimination Act

The article is now available on the website of the William & Mary Journal of Women and the Law.  Please read before all of the pro-HRC revisionist crap is shoveled into officially-approved discourse this fall.

Has the Future Already Been Forgotten


2007: Ten Years Ago, Ten Years After

Yes, posts have been sparse of late.

This is one of multiple reasons:
Has the Future Already Been Forgotten

The full text of this article is not yet available on the website of the William & Mary Journal of Women and the Law.  However, I will link to it when it becomes available.

The Silence of The Quisling

From the Facebook page of The Quisling…



…as of a few minutes ago.

The 2016 Election Has Not Even Happened Yet, But 2017 Is Already 2007: The Next Generation

For in 2017, Gay, Inc. will have its trans Robert Traynham:

“Incrementalism is how policy gets done while other people are whining about incrementalism,” she told BuzzFeed News. “We have made it an have made an article faith over the past few years that if a bill lacks public accommodations, it’s useless. That’s not true.”

Actually, given the degree to which “she” is saying something isn’t true that all functioning brains know to be true, it looks more like Gay, Inc. will have its own Kellyanne Conway and trans Robert Traynham all rolled up into one.

Who is “she”?

Who can sell out her community in a single soundbite?

Who can act commit apologism for Gay, Inc’s genocidal anti-trans woman hiring policies with a single e-mail?

But one of the country’s leading transgender advocates, Mara Keisling, the executive director of the National Center for Transgender Equality, says that if they want to help transgender people in Pennsylvania, they need to embrace the protections transgender people can get in housing and employment.

But you already knew that, right?

Kill the Bill

It is 2016, there should be no such thing as a gay-only rights bill

A bill that would provide some protections for lesbians, gays and bisexuals – but not for transgender Hoosiers – squeaked out of an Indiana Senate committee Wednesday night.

…and there damn sure should be no such thing as a gay-only rights bill that is not being actively opposed by each and every tentacle of Gay, Inc.

If it is a gay-only rights bill, it deserves to fail.

If it is a gay-only rights bill, it must be opposed.

If it is a gay-only rights bill and you are for it, then you are the enemy.

Thirteen Years Ago Today

13 years ago today

And now, today:

13 years ago today - a

Unanticipated, my ass.

We whose third-class status was approved of by ESPA in 2002 anticipated this then.

We re-anticipated it when those who got what they wanted in 2002 took trans rights off the back burner – and off of the stove entirely – and ramrodded gay marriage through in 2011.

Do not let these people tell you that they have achieved equality for trans people on par with the equality for gays, lesbians and bisexuals that they ramrodded through in 2002.  Administrative regulations are not equal to statutes.

Former Empire State Pride Agenda director Matt Foreman is furious. Via email:  “Appalling. The statutory reforms still needed are enormous[.”]

He should know.

He signed off on SONDA in 2002.

The “A” stands for “apartheid.”

And it will continue to do so.

And I told you so.

What is the Only Headline that the New York Times Could NOT Use for an Item Touting Andrew Cuomo’s Creation of the Illusion of Trans-Inclusion?

New York Leads the Way on Transgender Rights

And, of course, that’s precisely the headline that the N.Y. Slimes decided to use.


The regulations come after years of failed efforts to enact a state law. The State Assembly has passed an anti-discrimination bill called the Gender Expression Nondiscrimination Act, or Genda, eight times, but the Republican-controlled State Senate has repeatedly blocked it.


That’s actually an accurate statement.

Several cities and counties in New York have passed anti-discrimination laws protecting transgender people, but nearly 40 percent of transgender residents of the state, or about 23,000 people, live in areas without protection. And transgender people in New York face disturbingly high rates of discrimination: 75 percent have experienced workplace harassment, 53 percent have suffered discrimination or harassment in a public place like a restaurant, and 19 percent have been denied a house or an apartment because of their gender identity, according to a 2011 survey. Nationwide, transgender people are at high risk of unemployment and homelessness.

And so is that.

But after that, the train went off the tracks.

In the absence of an anti-discrimination law, Mr. Cuomo’s executive action offers much-needed protections quickly

Only for people who are already employed and might file suit regarding that current employment rather than any attempt to find employment elsewhere.  The regulations will in theory also cover failure to hire but in practice never will.  We all know how difficult (read: impossible) it is to prove up a failure to hire case, but those who push non-statutory solutions as a means to get trans people to shut up will not admit it.  And they also will not admit that at the federal level and in most states (I presume New York is one, but I concede I don’t know for sure) the ‘know your rights’ posters that employers are required to conspicuously post mention the statutorily-enumerated categories of prohibited discrimination – not wishful-thinking (or even actual) administrative interpretations of ‘sex’ to include trans people.  We all know that those posters do have an effect on the hiring process; employers who might otherwise be inclined to discriminate based on a prohibited characteristic are known to think twice before doing so – and, in fact, are known to, in the end, refrain from doing so.

We all know – but those who push non-statutory solutions as a means to get trans people to shut up will not admit – that the fake, never-proven-to-exist trans-inclusive administrative interpretation of statutory “sex” in Maryland benefited no one other than the Maryland Gay, Inc.-ers who conned legislators into leaving trans people out of Maryland’s civil rights statute.  Even if the fake, never-proven-to-exist trans-inclusive administrative interpretation of statutory “sex” in Maryland had existed, no employer would have seen mention of it among the list of prohibited employment criteria…

leaving discriminated-against trans non-hires swinging in the ‘You’re going to try to file a failure to hire suit? Ha!’ breeze.

— the regulations will be posted for public comment by early November, and the governor’s office expects them to take effect by the end of the year. And, of course, the governor’s action does not preclude future legislative efforts.

In theory.

In practice?

Gay, Inc. will have congratulated itself and given itself raises, bonuses and promotions one second after the comment period is over. And the raises, bonuses and promotions are all that matter.

I won’t mention Matt ‘promoted from ESPA to NGLTF as a reward for signing off on 2002’s apartheid-lite SONDA’ Foreman by name.

And the N.Y. Slimes didn’t even mention the possibility that the New York Court of Appeals might look at the regs and say, ‘Nice try, Andy. Maybe you should have expended some political capital on some arm-twisting in the Senate to get a statute passed – because that’s what you needed.’

The new regulations set an important example for the country.

…of how states can continue to avoid following through on the promise (that we all knew was a lie) of actual ‘incremental progress.’

I won’t mention New York, New Hampshire, Wisconsin and Massachusetts (yes, Massachusetts – where the lesbian TERF owner of a business that is a public accommodation can legally prevent a trans person from entering said public accommodation in order to apply for consideration for employment that the lesbian TERF is legally prohibited from discriminating against the trans person in said consideration of) by name.

More than 30 states lack comprehensive anti-discrimination laws that protect transgender people.

Its those aforementioned four that I’m concerned about.

I have to be…

because I’m sure that the self-important trans glitterati (quislingerati?) who will fly in from around the country to squat in the five-bill seats (courtesy of Gay, Inc. patronage?) at Jennerstock on March 1 won’t be.