Gender Identity And Being Transgender

The United States is now in the middle of what the New York Times has called "transgender bathroom hysteria." Across several states, conservative lawmakers are pushing laws that prohibit transgender people, who identify with a gender different than the one assigned to them at birth, from using the bathroom that aligns with their gender identity. State officials say these laws are necessary for public safety--despite no evidence that letting trans people use the bathroom of their choice causes public safety problems. At the heart of the issue seems to be a widespread lack of understanding of trans issues and gender identity. After all, until a few years ago, concepts like gender identity and express--and how they affect the hundreds of thousands of Americans who identify as transgender, gender nonconforming, and genderqueer--hardly scratched the surface of mainstream news and entertainment in any meaningful way.

The idea behind these different forms of identity and expression is that traditional gender roles--how people are expected by society to act based on the gender assigned to them at birth--are a social construct, not a biological one. This is a concept that causes a great deal of debate in religious and conservative circles, but it's largely uncontroversial for many anthropologists who indicate that gender is flexible enough the different societies and people can construct and interpret it differently. So transgender, gender nonconforming, and genderqueer are terms people use to describe their gender identity and expression, and how they differ from traditional societal standards and expectations.

Transgender--or trans--is an umbrella term that applies to at least 700,000 Americans who feel their internal gender identity does not match the sex they were assigned at birth. Gender nonconforming people don't express their genders in a way society expects them to. Some gender nonconforming people might be androgynous, meaning they don't readily exhibit traits that can easily identify them as men or women. Men who exhibit feminine traits and women who express masculine characteristics may also identify as gender nonconforming. Genderqueer people generally don't identify or express as man or women, sometimes borrowing gender roles and traits outside society's typical expectations and other times taking elements from both masculinity and femininity. Androgynous people can also fall into this category if they identify their gender as neither male nor female. Sometimes there is an overlap between transgender, gender nonconforming, and genderqueer communities. People might identify with all, so, or none of these concepts, even if they exhibit traits attributed to these three forms of identity and expression. There are dozens of ways people identify and express themselves, so these three concepts fall far short of the full realm of possibilities. 

It might be difficult for most people to fully understand the many hurdles that trans, gender nonconforming, and genderqueer people deal with on a daily basis. But they face huge disparities in nearly every aspect of society. Families shun and even disown children over their gender identity and expression. Employers and landlords may deny people jobs and homes because they don't conform to gender norms, which is legal to do under most states' laws. In social settings and media, trans people are commonly portrayed as purposely deceptive individuals and even sexual predators who want to trick or trap others into sleeping with them.

The 2011 National Transgender Discrimination Survey found trans and gender nonconforming people are nearly four times as likely to live in extreme poverty as the general population. They found 57 percent of trans and gender nonconforming people report family rejections. This rejection had horrible effects: Trans and gender nonconforming people who are rejected by their families are nearly three times as likely to experience homelessness, 73 percent more likely to be incarcerated, and 59 percent more likely to attempt suicide. Trans people, particularly trans women of color, face some of the highest rates of hate violence and murder in the country. 

As with many other issues of discrimination, the root of the problem is prejudice: the idea that people who are not cisgender are somehow inferior or wrong about how they identify. The biggest issue is the mischaracterization that people who don't conform to society's expectations of gender are always try to deceive others. It is perhaps the stereotype that underpins so many of the issues these people face in their everyday lives, making it so they have a difficult time even entering the bathroom that corresponds to their gender--much less getting a job or gaining family acceptance. 

Despite some progress at the state level, most states don't ban workplace discrimination based on gender identity. The nation appears to be at a transitional point on gender identity issues: While there has been some progress, there is a long way to go before trans, gender nonconforming, and genderqueer people have equality.

LGBT Challenges Ahead

The Supreme Court’s 5 to 4 ruling in favor of marriage equality, bringing into law the “fundamental right to marry” for same-sex couples across the United States was a landmark decision. The LGBT community and its allies had spent decades fighting for it and many feared it would never come.

Marriage equality supporters spent Pride weekend rejoicing. But the road to full equality remains long, and there are still many serious issues facing the LGBT community. The issues—violence, employment discrimination, poverty and health care—can be addressed now that marriage equality has been achieved.

Lesbian, gay and transgender people, especially those of color, experience violence at disproportionately high rates compared to heterosexuals. According to the FBI, bias against sexual orientation and gender identity accounted for more than 21% of hate crimes reported in 2013, with sexuality the second most common single-bias category following race. The National Coalition of Anti-Violence Programs found that while transgender survivors and victims represented only 19% of anti-LGBT violence reported to the organization, transgender women of color accounted for 50% of homicide victims. Seven transgender women of color were murdered in the United States during January and February (2015) alone, which is nearly a murder a week.

A 2013 Pew Research Center survey found that 21% of the LGBT adults surveyed said their employer treated them unfairly because of their sexuality or gender identity. Another report, authored the National Black Justice Coalition and other groups, found that nearly 50% of black LGBT people have experienced employment discrimination. Rates are significantly higher for transgender workers – some 90% of trans people have reported experiencing on-the-job harassment or mistreatment, while 47% said they were fired, not hired or denied a promotion because of their gender identity.

While 22 states have passed laws making job discrimination due to sexual orientation illegal – 19 also include gender identity – LGBT workers still lack federal protection. The Employment Non-Discrimination Act, or ENDA, has been introduced in nearly every Congress since 1994, but the hotly contested federal bill didn’t make any headway until 2012, when the Senate for the first time passed the legislation. Still, it failed to make it to the president’s desk.

Research shows that anti-LGBT discrimination has harmful effects on LGBT workers’ economic wellbeing, leading to high rates of unemployment, homelessness, poor health and food insecurity. Pew found that LGBT workers are more likely to earn less annually compared to the general U.S. population. And the transgender discrimination survey found that trans respondents are nearly four times more likely to earn below $10,000 a year than the average American. A 2009 Williams Institute report also found that same-sex couples are two times more likely to live in poverty that different-sex couples, while single LGB adults are 1.2 times more likely to be poor than their straight counterparts.

Social and systematic discrimination, as well as inadequate health care access, contribute to health disparities for the LGBT community. According the Fenway Institute, LGBT people are more likely that straight people to report unmet health needs and have difficulty accessing care and obtaining insurance, when leads to higher rates of disease, chronic illness, drug use, mental illness and obesity among the population. These disparities are exacerbated for the transgender community. The Transgender Law Center found that, in the private market, the pervasiveness of gender identity discrimination in insurance, denial of insurance coverage and transgender-related health care exclusions keep transgender and gender non-conforming people from accessing medically necessary care such as mental health services, surgery and hormone therapy.

The Supreme Court’s Hobby Lobby Decision

Fifty years ago, the Supreme Court upheld the right of individuals to access birth control despite the opposition of some religions. Since then, mainstream attitudes have changed. But fundamentalist religious views about reproductive health and sexuality still influence our politics and law.

Hobby Lobby’s recent decision is a prime example. By a 5-4 vote, the Court held that religiously minded business owners essentially may “line-item veto” birth control coverage out of their employees’ health plans. The ruling is the fruit of an intensive strategy by today’s religious conservative movement.

The decision could mean that religious interests now trump other interests in many circumstances, with religious believers entitled to impose their views at others’ expense in ways systematically rejected in the past. This is the result Justice Ginsburg calls out in her clarion dissent. She accurately observes that the majority’s approach invites case-by-case testing of religious objections to federal laws and may give unprecedented approval to objections by finding fault with those laws, just as was done here.

In looking at health insurance, what questions may arise post-Hobby Lobby for LGBT people and people living with HIV? Given the majority’s rejection of discriminations, it seems unlikely that the Court would condone religious refusals of family coverage for workers in a same-sex relationship when coworkers receive coverage for a different-sex partner. And when a health plan includes coverage for a particular medical treatment, the Court probably will nix religiously based refusals of that treatment to LGBT people. 

So, for example, if there is coverage for hormone replacement therapy for menopausal women and men after testicular cancer surgery, it should likewise be available for transgender people. Likewise, if donor insemination or in vitro fertilization is covered for different sex couples, it similarly should be covered for same-sex couples. Finally, prescription drug coverage to manage a persistent viral infection or boost the immune system should not be excludable based on employers’ religious judgments about how a person may have contracted HIV.

In each of these examples, treating LGBT differently would be discriminatory. The work ahead includes insisting that nondiscrimination standards must themselves be nondiscriminatory. That is, “equal” must mean the same thing for everyone.

Time To Pause and Consider

I was touched by a recent article called Losing my religion for equality... written by former President Jimmy Carter ( who was president of the United States from 1977 to 1981) for the Women's Press, January 25, 2013. It is an honest plea to respect and treat women with equality and give us basic human rights. I encourage you to pause and consider...

I HAVE been a practicing Christian all my life and a deacon and Bible teacher for many years. My faith is a source of strength and comfort to me, as religious beliefs are to hundreds of millions of people around the world. So my decision to sever my ties with the Southern Baptist Convention, after six decades, was painful and difficult. It was, however, and unavoidable decision when the convention's leaders, quoting a few carefully selected Bible verses and claiming that Eve was created second to Adam and was responsible for original sin, ordained that women must be "subservient" to their husbands and prohibited from serving as deacons, pastors or chaplains in the military service.

This view that women are somehow inferior to men is not restricted to one religion or belief. Women are prevented from playing a full and equal role in many faiths. Nor, tragically, does its influence stop at the walls of the church, mosque, synagogue or temple. This discrimination, unjustifiably attributed to a Higher Authority, has provided a reason or excuse for the deprivation of women's equal rights across the world for centuries.

At its most repugnant, the belief that women must be subjugated to the wishes of men excuses slavery, violence, forced prostitution, genital mutilation and national laws that omit rape as a crime. But it also costs many millions of girls and women control over their own bodies and lives, and continues to deny them fair access to education, health, employment and influence within their own communities.

The impact of these religious beliefs touches every aspect of our lives. They help explain why in many countries boys are educated before girls; why girls are told when and whom they must marry; and why many face enormous and unacceptable risks in pregnancy and childbirth because their basic health needs are not met.

In some Islamic nations, women are restricted in their movements, punished for permitting the exposure of an arm or ankle, deprived of education, prohibited from driving a car or competing with men for a job. If a woman is raped, she is often most severely punished as the guilty party in the crime.

The same discriminatory thinking lies behind the continuing gender gap in pay and why there are still so few women in office in the West. The root of this prejudice lies deep in our histories, but its impact is felt every day. It is not women and girls alone who suffer. It damages all of us. The evidence shows that investing in women and girls delivers major benefits for society. An educated woman has healthier children. She is more likely to send them to school. She earns more and invests what she earns in her family.

It is simply self-defeating for any community to discriminate against half its population. We need to challenge these self-serving and outdated attitudes and practices - as we are seeing in Iran where women are at the forefront of the battle for democracy and freedom.

I understand, however, why many political leaders can be reluctant about stepping into this minefield. Religion, and tradition, are powerful and sensitive areas to challenge. But my fellow Elders and I, who come from many faiths and backgrounds, no longer need to worry about winning votes or avoiding controversy - and we are deeply committed to challenging injustice wherever we see it.

The Elders are an independent group of eminent global leaders, brought together by former South African president Nelson Mandela, who offer their influence and experience to support peace building, help address major causes of human suffering and promote the shared interests of humanity. We have decided to draw particular attention to the responsibility of religious and traditional leaders in ensuring equality and human rights and have recently published a statement that declares: "The justification of discrimination against women and girls on grounds of religion or tradition, as if it were prescribed by a Higher Authority, is unacceptable."

We are calling on all leaders to challenge and change the harmful teachings and practices, no matter how ingrained, which justify discrimination against women. We ask, in particular, that leaders of all religions have the courage to acknowledge and emphasise the positive messages of dignity and equality that all the world's major faiths share.

The carefully selected verses found in the Holy Scriptures to justify the superiority of men owe more to time and place - and the determination of male leaders to hold onto their influence - than eternal truths. Similar biblical excerpts could be found to support the approval of slavery and the timid acquiescence to oppressive rulers.

I am also familiar with vivid descriptions in the same Scriptures in which women are revered as pre-eminent leaders. During the years of the early Christian church women served as deacons, priests, bishops, apostles, teachers and prophets. It wasn't until the fourth century that dominant Christian leaders, all men, twisted and distorted Holy Scriptures to perpetuate their ascendant positions within the religious hierarchy.

The truth is that male religious leaders have had - and still have - an option to interpret holy teachings either to exalt or subjugate women. They have, for their own selfish ends, overwhelmingly chosen the latter. Their continuing choice provides the foundations or justification for much of the pervasive persecution and abuse of women throughout the world. This is in clear violation not just of the Universal Declaration of Human Rights but also the teachings of Jesus Christ, the Apostle Paul, Moses and the prophets, muhammad, and founders of other great religions - all of whom have called for proper and equitable treatment of all the children of God. It is time we had the courage to challenge these views.